1. Overview of Juvenile Justice
CRIM 309

2. Overview of the Juvenile Justice System
The JJS is a relatively new system—the first juvenile court was established in 1899
The JJS was created to address criminal and problem behaviors among children between the ages of (approx.) 10 to 18
Criminal offenses (aka delinquency)
Status offenses
Abuse/neglect cases

3. Basis of the JJS
Different levels of culpability (I.e., responsibility) of adolescents compared to adults served as the basis of the JJS
“Childhood” was created in the early 19th century and stages of childhood, specifically adolescence was defined shortly afterward
Developmentally distinguished adolescents from adults emotionally, psychologically, and physically
Supported the notion that (1) adolescents were less culpable than adults, and (2) adolescents were more amenable to change than adults

4. Are Adolescents Different from Adults?
Increasingly, research demonstrates that adolescents are not little adults
Adolescence is a period of intense physical, emotional, and cognitive development
Forced to make choices under the worst conditions
Exposed to highly risky situations
Often overestimate their understanding of a situation while underestimating the consequences of their actions
Further complicated when youths live in disadvantaged, high risk environments
Perhaps most important for this discussion is the fact that adolescents process ‘emotionally charged’ information from a more reactive, gut-level place than adults

5. JJS v. CJS
The JJS was purposely developed as a different system from the adult criminal justice system (CJS)
The JJS recognized the need for different responses and emphasized rehabilitation over punishment
JJS differs significantly from the the CJS:
Informal proceedings
Confidential
Less adversarial
Different responses, with an emphasis on treatment

6. Juvenile v. Adult Justice Systems
Juvenile System
Adult System
Basis
Civil (no due process)
Criminal (due process)
Goal(s)
Rehabilitation
Punishment
Style
Non-Adversarial
Adversarial
Terminology
Medical Model
Legal/Constitutional
Role of Family
Very Significant
Little to No Significance
Functioning
Private, confidential
Open
Process
Adjudication/Delinquent
Trial/Guilty or Innocent
Sentencing
Indeterminate-Broad
Determinate-Focused

7. History of the Juvenile Court

8. Prior to Juvenile Court
Prior to 19th century, children were either viewed as:
Not culpable for crime (ages <7)
As responsible and subject to the same penalties as adults
19th century—Introduction of “childhood” and recognition of developmental differences between children and adults
Efforts were made by reformers to remove juveniles from criminal court and treat them differently from adults using legal precedent of parens patriae

9. Reformers and the Juvenile Court
19th Century time of drastic change as a result of industrialization and high rates of immigration
Wealthy and middle class develops and turns its attention to social ills of the nation
Child-Savers—MC/W women who took on a variety of social issues
Progressive Reformers—growing intelligentsia that wanted to reduce social problems with the creation of professional organizations

10. Reforming the System
Reformers focused on evils of urbanization and poor upbringing—family was at the center of their criticism and a target for their efforts
Benevolent Reform turns into bias
Class, Race, & Gender Bias
Utilize the legal precedent of parens patriae to justify work in many areas related to children
Parens Patriae=provides state the right to intervene in the best interest of a person
This precedent is critical to all reforms, including juvenile justice, compulsory education, and child labor

11. Origins of Juvenile Court
House of Refuge 1825
Concerns regarding this development led to court cases
Ex Parte Crouse, 1835—upheld parens patriae
People v. Turner, 1860—struck parens patriae down
Response: Cottage House Systems and reformatories-mid 1800s
“Placing Out”—sending juveniles west
Each of these institutions were an attempt to:
Separate juveniles from adults
Provide “treatment” to prevent youths from adopting a life of crime

12. Purpose of the New Response
Differential treatment of juveniles (from adults) was intended to save juveniles from themselves—salvage their souls
Treatment” in these institutions translated to vocational skills training and religious training
Based on stereotypes and role expectations of the time
Juveniles in these institutions were largely poor, immigrant, and female
Black youths were often processed by and placed in adult system. When allowed into the juvenile system, these youths were segregated from Whites and given custodial types of tasks

13. Creation of the Juvenile Court
Concern over legal challenges led reformers to seek permanent placement of juvenile court in law,culminating in the creation of the first juvenile court in Cook County, Illinois
Created legal categories and jurisdiction for juvenile delinquency, status offending, and abuse/neglect
System was separate from adult court in theory and practice
By 1925, all states except Maine and Wyoming had functioning juvenile courts

14. Evolution of Juvenile Justice
1905 Commonwealth v. Fisher:
Brought legal question once again to parens patriae
Court upheld legal doctrine and creation of separate legal jurisdiction for juvenile delinquents, status offenders, and abused/neglected youth
Legitimacy not questioned again until the 1960s

15. Juvenile Justice in 20th Century
60s: Legal/court reform
Kent v. United States, 1966
Hearings required for transfer to adult court
In Re Gault, 1967
Representation for all offenders who face institutionalization
In Re Winship, 1970
Standard of proof, “beyond a reasonable doubt,” required
Breed v. Jones, 1975
Protection against double jeopardy
McKeiver v. Pennsylvania, 1971
Rejected access to jury trial

16. 20th Century Continued 70s: Federal reform
Focus on prevention and concern over status offenders
Juvenile Justice Delinquency Prevention Act
Federal Act that
Prohibited placement of status offenders in secure facilities
Required sight and separation of juveniles and adults in detention and correctional facilities
Removal of juveniles from adult jails and lockups
Voluntary compliance but connected to funding
Reauthorization by Congress in 1988 required states to examine over representation of minorities in secure confinment

17. 20th Century Continued 80s: Crime Control Policies
Increase in facility use
Increase waivers
Increase in statutory limitations
Death penalty
New ways of sentencing
90s: Distinguishing Offenders
2000: Punitive mixed with integrating sanctions and rehabilitation & restorative justice

18. Juvenile Justice In Context
Creates a contradiction between our social policies related to children and adolescents and our treatment of children and adolescents who break the law:
Assumption that the nature of adolescence is to face ambiguous decisions and learn appropriate behaviors/choice-making
Social policies reflect the lack of maturity and skills to make certain decisions
Criminal justice policies reject many of these notions and put juvenile offenders on same level as adult offenders
Complicated further by the fact that adolescence is the highest period of criminal activity

19. Structure of the Juvenile Justice System

20. Contemporary Juvenile Court Structure
Juvenile justice is state-based; there is no federal juvenile justice system
The Office of Juvenile Justice and Delinquency Prevention provides guidance on policy and resources for program development, but it has no authority over juvenile justice systems operating in any state
Juvenile courts may be located organizationally as general jurisdiction courts, special jurisdiction courts, or limited jurisdiction courts
Extent to which juvenile courts have jurisdiction in all matters involving juveniles varies by state

21. The Juvenile Justice System

22. 1st Step in the JJ Process: Arrest/Referral
Juveniles can enter the jjs through:
Parent referrals
School referrals
Social service referrals
Police referrals
Police are responsible for the majority of referrals to the juvenile justice system

23. Policing and Juveniles
Juveniles are responsible for a lot of police contacts
Nature of Police-Juvenile Encounters
Often difficult
Developmental differences and lack of training
Hostile behavior
Officer response can significantly impact result
Role conflict—what is their role

24. Police Organization of Juvenile Work
Depends on the size of the police department, the community, amount & quality of resources available, and policing philosophy of department
Special units-officers specially trained
Special units are more likely to exist in large, urban areas. Smaller areas are less likely to have specialized juvenile officers

25. Police and the Law Police have more latitude in handling juveniles:
Charging decisions
Ability to detain
If juvenile is charged as an adult, he/she is entitled to full due process
If juvenile is taken into custody as a juvenile, police act “in the role of parents” and have more control over what happens to the youth

26. Police Discretion
Discretion=Use of personal decision-making and choice in carrying out operations in the justice system (I.e., deciding whether to arrest)
Discretion applies to all processing stages of the juvenile and adult justice systems
Particularly large amount of discretion used in the case of juveniles
Informality and “individualized” treatment lends itself to discretion

27. Impact of Discretion
Discretion can keep offenders out of the system--have significant impact of who enters the system and who does not
Discretion can increase chance of being placed in the system
Discretion can deteriorate into discrimination and other abuses
Personal, environmental, departmental, and situational factors impact the extent to which discretion plays a role in processing juveniles into the juvenile justice system

28. 2nd Stage of the JJ Process: Detention
Police decide whether to detain an offender or release him/her to parents
Intake officer determines whether the placement is necessary (using a risk tool)
Offenders can be detained for their own safety or the safety of the community—no bond. Must be released by prosecutor or order of the judge
Many negative consequences to detention—efforts growing to build alternatives
Types: Shelter, Staff-Secure, & Secure
Detention can be used at any time in the process

29. 3rd Stage of the JJ Process: Charging
In some states, Prosecutor decides how to charge the case—decision is based on state statute around juvenile court jurisdiction and waivers to adult court
Also has the option to not charge or offer diversion to an offender
The diversion option allows the offender to avoid processing if they complete the diversion program successfully
In other states, Juvenile Court Intake makes the decision to informally handle or formally handle
Decision is then sent to the Prosecutor
Diversion is also possible at this point

30. Transferring Cases to the Adult Court
Case may be waived to adult court by a judge prior to adjudication
Judicial waiver
Hearing to determine whether case warrants transfer to the adult court
In some states, case may also be charged directly in adult court by a prosecutor
Prosecutorial waiver
No hearing; defense can file a reverse waiver to transfer the case to juvenile court
In most states, legislatures have mandated that certain cases be automatically processed in adult court—statutory exclusion

31. 4th Stage of JJ Process: Adjudication
Formal Processing
Arraignment Hearing
Charges read in court
Need for Representation Assessed
If represented, type of responsibility is entered
If responsiblecase goes to disposition
If not responsiblecase goes to adjudication hearing (I.e., trial)
If not responsiblecase is dismissed
Plea bargaining occurs during these stages

32. 5th Stage of JJ Process: Assessment
Pre-disposition assessments
Thorough evaluations of juvenile’s risk and need levels
Judge orders at adjudication hearing
Report completed and returned to judge prior to the disposition
Report contains recommendations to the judge on what type of disposition the offender should receive

33. Content of Pre-Disposition Assessment
This stage may include any or all of the following:
Individual factors: previous jj experience, peers, living situation, etc.
Family factors: occupations, living situation, history of abuse/neglect, relationships, etc.
School factors: attendance, performance, behavior
Also provides the opportunity for:
Substance abuse screening
Mental health screening
Risk Assessment
Referral for further assessment (SA, MH, medical, family, etc.)

34. 6th Stage in JJ Process: Disposition
Disposition Hearing (Sentence)
Judge reviews pre-disposition materials (if available) and decides on the following options:
Probation: Supervision in the community
Different levels
May include placement in camp or detention facility
State Custody: Out-of-Home Placement
Different types of placements
Parole and Aftercare
Blended Sentencing: Combination of juvenile and adult sentencing

35. Probation Traditional Supervision (Low, Medium, and High)
Intensive Supervision (High Only)
Drug Courts
Camps
Probation has conditions that can include curfews, treatment, family counseling, etc.

36. State Custody Foster/Group Homes Correctional Facility
Treatment Facility Placements
Parole
Aftercare Programming

37. Caveats to JJ Process
Offender placed on probation who violates the conditions of that order, can return to court and be moved into state custody
Offender place in state custody who makes parole and violates the conditions of parole, can return to court and to an institution