1. JUVENILE JUSTICE
PARENS PATRIAE

2. PARENS PATRIAE
A doctrine that holds that the state has a responsibility to look after the well-being of children and to assume the role of parent if necessary. Literally means “father of his country”

3. ENGLISH HISTORY LAW PUT PEOPLE INTO THREE CATEGORIES
UNDER 7 COULD NOT FORM CRIMINAL INTENT THEREFORE COULD NOT BE TRIED FOR CRIMINAL BEHAVIOR
7-14 PRESUMED INCOMPETENT UNLESS EVIDENCE SHOWED THEY COULD FORM CRIMINAL INTENT AND TRIED FOR CRIMES

4. OVER 14 WHO THE LAW PRESUMED COMPETENT TO FORM CRIMINAL INTENT UNLESS THEY WERE INSANE OR RETARDED
Doctrine of Parens Patriae and presumptions against children’s capacity to form criminal intent came to the U.S.

5. PURITAN PERIOD
English procedures continued into the nineteenth century
Massachusetts Stubborn Child Law 1646
Puritans imposed the law that the child was evil and the family needed to discipline. Those who did not obey their parents were dealt with by the law

6. REFUGE PERIOD
Population of American cities grew as did youth crime and neglect
Reformers focused their efforts on the urban immigrant poor
The state’s power was used to prevent delinquency

7. NEW YORK’S HOUSE OF REFUGE
Opened in 1825
Half prison, half school for destitute and orphaned children and those convicted of crimes
Placed by court order usually for neglect or vagrancy
“Reform Schools” opened

9. DESPITE REFORMS CHILDREN COULD STILL BE ARRESTED, DETAINED, TRIED AND IMPRISONED.
THE CRIMINAL JUSTICE PROCESS FOR CHILDREN WAS THE SAME AS THAT FOR ADULTS

10. JUVENILE COURT PERIOD 1899-1960 Questions arose
Could the State incarcerate children who had not violated the law?
Should children be held in the same facilities that housed adults?
Should a juvenile court be established?

11. “Child Savers” Upper and middle class reformers who sought to use the power of the state to save children from a life of crime
Children are not fully responsible for criminal conduct and are capable of being rehabilitated

12. ILLINOIS JUVENILE COURT ACT IN 1899
No juries---Judges had wide discretion in disposing of each case. Therefore, no lawyers
Different terminology: Petitions instead of warrants, children were respondents not defendants, not found guilty but adjudicated delinquent

13. No adversarial relationship—did not try to determine guilt or innocence but how to rehabilitate rather than punish
Confidentiality—records kept sealed and proceedings were closed to the public
BUT STILL NO DUE PROCESS RIGHTS

14. FIRST JUVENILE COURT
CHICAGO

15. By 1925 every state had a juvenile court system
Still based on Parens Patriae—the state acting in the best interest of the child; the juvenile court treats the child as a kind and loving father

16. THE JUVENILE RIGHTS PERIOD
Supreme Court actions
Kent v United States
Right to Counsel at a hearing at which a juvenile judge may waive jurisdiction and pass the case to the adult court

17. In Re Gault 1967
Extended due process rights granted to adult offenders including notice of charges, the right to counsel, the privilege against self-incrimination and the right to confront and cross-examine witnesses

18. McKeiver v Pennsylvania 1971
In Re Winship 1970
Proof must be established “beyond a reasonable doubt” and not on “a preponderance of the evidence”
McKeiver v Pennsylvania 1971
Trial by jury in the juvenile court’s adjudicative stage is NOT a constitutional requirement

19. Breed v Jones 1975
Court held that the Fifth Amendment’s double jeopardy clause prevented a juvenile from being tried in an adult court for a crime that had already been adjudicated in juvenile court

20. DELINQUENCY
CONDUCT THAT WOULD BE CRIMINAL IF AN ADULT ENGAGED IN IT

21. STATUS OFFENSES
Conduct that is illegal only because the child is under age.

22. WHAT ARE THEY??

23. RUNAWAY
GAMBLING
SMOKING
GOING TO SCHOOL

24. 1974 Congress passed the Juvenile Justice and Delinquency Prevention Act
Included provisions for taking status offenders out of correctional institutions

25. THE CRIME CONTROL PERIOD
1980 to present
Public has demanded a “crackdown on crime”
Harsher punishments for juveniles who commit crime

26. Schall v Martin 1984
Juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action. They are deemed a “risk” to the community
More juveniles tried in adult court
Support for a get tough stance growing

27. POLICE OFFICER DECISIONS
CRIME REPORTED
INVESTIGATION
SUSPECT IDENTIFIED/APPREHENDED

28. ACTIONS Counsel and release to parents
Referral diversion to community resources
Citation and referral to court/release to parents
Transport to jail

29. CONSIDERATIONS THE NATURE OF THE OFFENSE JUVENILE’S PAST HISTORY
SETTING OF OFFENSE
PARENT’S ATTITUDE TOWARD OFFENSE
PASS OR FAIL THE “ATTITUDE TEST”
JUVENILE’S RACE AND GENDER

30. TERMS Adult Court Juvenile Defendant Child Complaint Petition
Arrest Detain
First Appearance Detention
Hearing

31. Omnibus Hearing Evidentiary
Trial Trial
Sentencing Dispositional Hearing

32. PETITION
DOCUMENT ASKING THE COURT TO ASSUME JURISDICTION OVER A JUVENILE

33. CHIPS PETITION
CHILD IN NEED OF PROTECTIVE SERVICES

34. PRETRIAL PROCEDURES Initial Hearing
Juveniles are informed of their rights
Pleas must be voluntary
TRANSFER TO ADULT COURT
Factors such as seriousness and age considered.

35. EJJ EXTENDED JURISDICTION JUVENILE
HOLDS AN ADULT SENTENCE UNTIL THE AGE OF 21

36. ADJUDICATION---GUILTY
Adjudications hearing determines the facts in the case and if appropriate labels the juvenile “delinquent”
Proceedings formal
Traditionally closed to the public
Unless they are years of age and offense is felony level

37. EMILY’S LAW
JUNE, 2006

38. DISPOSITION Disposition hearing follows find of delinquency
Cases can be dealt with by:
Dismissal
Probation
Alternative dispositions—diversion programs
Custodial care
Community treatment

39. U.S. Supreme Court Decisions
Juveniles cannot be put to death
June, 2012 Juveniles cannot be sentenced to life without parole

40. JUVENILE CORRECTIONS Many aspects resemble adult corrections
Predominant aim is to avoid unnecessary incarceration
Labeling effect
Treatment is believed to be more effective if child is in a normal, supportive home

41. Probation Usually involves education or counseling Fine or restitution
Juvenile probation officers have smaller caseloads
Belief that juvenile can change

42. SCARED STRAIGHT

43. RISK FACTORS FAMILY Lack of parental role model Family drug abuse
Extreme economic deprivation
Family gang involvement

44. SCHOOL Academic failure Learning disabilities
Negative labeling by teachers
Disciplinary problems

45. COMMUNITY Gangs Drug use Availability of firearms
High crime/feeling of danger
Lack of social and economic opportunities

46. PEERS Delinquent friends Friends who are gang members
Friends who use drugs
Lack of “positive” peer pressure

47. INDIVIDUAL Tendency toward aggressive behavior
Inability to concentrate of focus
Alcohol or other drug use
Fatalistic/pessimistic viewpoint
Lack of positive goals
Unable to detach from negative behavior

48. PROBLEMS AND PERSPECTIVES
Disparity between the treatment ideal and the practice of placing juveniles in institutional settings.
Juvenile court is complex and most perform a variety of functions
Crime control policies have caused higher rates of minority youth incarcerations.

49. Philosophy of Juvenile Justice
Reduced concern with legal issues of guilt or innocence
Emphasis on the child’s best interest
Emphasis on treatment rather than punishment
Privacy

50. No long term confinement
Separate facilities
Broad discretionary alternatives at all points in the process

51. Parens Patriae