1. Good afternoon!! Good morning!!  No school Friday 
Today- Juvenile law
Overview to Juvenile Law short notes
Jacob Ind video
Should juveniles be tried as adults?
Today & tomorrow: Juveniles tried as adults debate

2. Head to the hall!
Let’s see how you personally feel about juveniles being tried as adults
I will read a series of statements
You will move to the area that you personally feel:
Agree
Disagree
Not sure
Once you form an opinion and move the correct spot, discuss with those around you why you agree/disagree/are not sure

3. History of Juvenile Law
Originally, juvenile offenders were treated the same as adult criminals
Beginning in 1899, states began forming separate juvenile courts
States took responsibility for parenting the children until they showed signs of positive change
Why do you think states
made this change?

4. Juvenile Law
Adapted from:
Adapted/edited from:

5. What is the Purpose of Criminal Law?
Punishment
“Eye for an Eye”
Way for society to take revenge
Prevention
Discourage offender from committing crimes in the future
Discourage future offenders
Incapacitation
Lock up in jail
Protect society from offender
Rehabilitation
Focus on changing behavior to lead a productive life
Examples: vocational programs, counseling
What do you think is the
goal of juvenile justice?

6. Rights of Juveniles and In Re Gault
Who: Gerald Gault, age 15
What:
Accused of making an obscene phone call to his neighbor.
Gault said that his friend made the phone call.
Police placed Gault in detention without informing his parents.
One week later a judge sentenced Gault to the State Industrial School until Gualt turned 21 years old.
No witnesses or jury were present at the trial.

7. Rights of Juveniles and In Re Gault
Supreme Court Decision:
Juvenile Courts must respect the Due Process rights of juveniles during their proceedings.
Youth have the following rights under the law:
The right to receive notice of charges
The right to obtain legal counsel
The right to "confrontation and cross-examination"
The "privilege against self-incrimination"
The right to receive a "transcript of the proceedings," and
The right to "appellate review"

8. Rights of Juveniles and In Re Gault
The 5th Amendment of the Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall [a person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law."

9. Key Terminology Criminal System Juvenile System Defendant Respondent
Trial by jury
Adjudication, not all states give juveniles the right to a jury trial
Sentencing
Disposition
Crime
Offense
Criminal
Juvenile Offender
Guilty
Delinquent
Sentenced based upon offense
Sentencing varies, many options

10. Why are there different terms for juveniles vs adults?

11. Apprehension Most apprehensions are done by police officers
If the juvenile is between 10 and 17 years of age, the case is referred to juvenile court and is considered rehabilitative
If the juvenile is younger the 10 years of age, the case is sent to juvenile court as a child in need of protection and social services becomes involved

12. Juvenile Court
Usually a bench trial which means the judge is the only fact finder and there is no jury
Judge determines if the youth is delinquent
If youth is determine delinquent, the judge sets a date for the disposition hearing

13. Tried as Adults: Cruel and Unusual Punishment?
The 8th Amendment of the U.S. Constitution prohibits the infliction of “cruel and unusual punishment.”
When juveniles are tried as adults they may receive life in prison without parole or the death penalty
Do you think these punishments are cruel and unusual?

14. If the goal of the juvenile justice system is rehabilitation, shouldn’t a juvenile court judge have latitude to try different approaches and apply different standards to individual juveniles?
Do rights to due process, in other words, put too many constraints on the ability of juvenile judges to address the unique problems and needs of individual offenders? Why or why not?

15. If you, as a juvenile, were accused of committing a criminal offense, would you rather be tried by a jury of adults from your community or have your case heard by a judge?
Would your answer differ if you were tried by a jury of young people? Why or why not?

16. Jacob Ind story
On Dec. 17, 1992, 15-year-old Jacob Ind went to school after a mostly sleepless night. In the early hours of that morning, he had murdered his mother and stepfather. He told a friend, who later told the principal, who then called the police.
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17. Chat with those around you
What are the arguments on both sides for Jacob’s case?
Do you personally feel there is ever a time juveniles should be tried as adults?
Is it cruel and unusual punishment to try a juvenile as an adult to life without parole?

18. Should age make a difference?

19. Prosecuting juveniles in adult court
Juvenile waiver: Allows judge to waive juveniles to adult court for prosecution
Statutory exclusion: (aka automatic transfer) of juvenile to adult court

20. Procedures in a Juvenile court
Taking into custody
- Depending on the severity, the juvenile can be released with a warning, sent to juvenile court, or be referred to adult court
Initial or detention hearing
- At this hearing the state must prove a crime was committed & reasonable cause that they committed it
Adjudicatory hearing- “Fact finding” hearing
Dispositional hearing
- The judge decides the sentence (or disposition)
Post disposition-
- Serving their sentence, such as probation, juvenile detention, community service, etc.
Having a record

21. Life in prison without parole
Is it against the 8th amendment to sentence juvenile offenders to life in prison without parole?
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23. Debate: Juveniles= adults?
Tomorrow we will debate the controversial issue of juveniles being tried as adults
Your debate topic- Is it ethical to try young juveniles as adults who commit heinous, calculated crimes in our justice system?
One of you will be assigned to each side, and the third will be the judge
Today you have the class time to research and gather evidence for your argument. Judges- you will be creating the rubric

24. Your task! Today you will be to research your side of the argument
Use your sheet to compile evidence (stats, facts, actual cases/stories) in bullet points
Judges- you have a unique assignment since you don’t have a specific side
You need to research both sides of the argument (5 pro, 5 con)

25. Mini debates Wednesday we will conduct our mini debates
The “juveniles who commit heinous crimes SHOULD be tried as adults” side will go first. They will have 3 minutes on the floor to speak uninterrupted
Then the “juveniles should never be tried as adults, they are only kids” will go next, also have 3 minutes to speak uninterrupted
The judge will then give 3 minutes for open debate, allowing sides to argue any points during the opening arguments
The judge will ultimately decide who argued best based off their rubric

26. Mini debates
The “juveniles who commit heinous crimes SHOULD be tried as adults” side will go first. They will have 3 minutes on the floor to speak uninterrupted
Then the “juveniles should never be tried as adults, they are only kids” will go next, also have 3 minutes to speak uninterrupted
BOTH SIDES don’t forget to use your research from yesterday, it will make your debate stronger!
You cannot talk while your opponent is talking- that will follow in the rebuttal!
The judge will then give 3 minutes for open debate/rebuttal, allowing sides to argue any points during the opening arguments
The judge will ultimately decide who argued best based off their rubric

27. Debrief Judges- explain your decision
What side of the argument do you support? Why?