The Juvenile Justice System

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• The Juvenile Justice System

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Slide 2
After completing this chapter, you should be able
to

• Describe the jurisdiction of the juvenile court.
• Explain what is meant by delinquency.
• Explain what is meant by status offenses.
• Compare the ways in which the various states
  define a juvenile.
• Identify and define the unique terms used in the
  juvenile justice system.
• Outline the three major steps in the juvenile
  justice process.
• Describe the five decision points in the juvenile
  justice process.
• Compare and contrast the juvenile and criminal
  justice systems.

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Slide 3
1.1 Origins of the Juvenile Justice System
Before the establishment of the juvenile justice
system, juveniles were treated the same as
adults, and children aged 7 and older could
receive the same punishments as adults.
juvenile justice system The system of agencies
that is designed to handle juvenile offenders.
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Slide 4
Origins of the Juvenile Justice System
A separate juvenile justice system was developed
because people believe that

• Juveniles are less mature than adults and have
  not developed the same level of intent, so they
  should be handled differently.
• Juveniles could more easily be rehabilitated.
• The state can act as parens patriae.

parens patriae A legal doctrine in which the
state plays the role of parent.
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Slide 5
What assumptions led to the establishment of a
separate system of justice for juvenile offenders?
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Slide 6
1.2 Juvenile Court Jurisdiction
State laws specify the jurisdiction of the
juvenile court.
jurisdiction The authority granted by law to
hear a case.
Jurisdiction involves the answers to two
questions

• For what acts committed by juveniles does the
  juvenile court have jurisdiction?
• What age does an individual have to be in order
  to be under juvenile court jurisdiction?

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Slide 7
Defining Delinquency
The juvenile court has jurisdiction over
delinquency, as defined by the laws of each
state.
delinquency Any behavior that is prohibited by
the juvenile law of a state.
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Slide 8
Defining Delinquency
There are two categories of delinquency

• DelinquencyActs that would be crimes if
  committed by an adult.
• Theft
• Burglary
• Assault
• Robbery

Status Offenses

• Running away from home
• Truancy
• Violating curfew
• Buying cigarettes or alcohol
• Underage drinking or smoking

status offense An act of delinquency committed
by a juvenile that would not be considered a
crime if committed by an adult.
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Slide 9
Defining Delinquency
Half the states classify status offenders as
delinquents. The other half uses other
categories, such as

• CHINS or CINSchildren in need of supervision
• PINSpersons in need of supervision
• JINSjuveniles in need of supervision
• MINSminors in need of supervision

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Slide 10
Defining a Juvenile
The difference between a juvenile and an adult is
age.
juvenile An individual who falls within a
specified age range and is subject to the
jurisdiction of the juvenile court.
Each state defines the minimum and maximum age at
which a person is considered a juvenile. The most
common maximum age of juvenile court jurisdiction
is 17.
maximum age of juvenile court jurisdiction The
upper age limit for which the juvenile court may
hear a case.
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Slide 11
Defining a Juvenile
If an individual is above the maximum age for
juveniles, he or she is processed in the criminal
justice system.
criminal justice system The system of agencies
that is designed to manage adult offenders.
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Slide 12
MYTH
FACT
The term juvenile is defined the same way in each
state.
How the term juvenile is defined varies from
state to state.
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Slide 13
Maximum Age of Juvenile Court Jurisdiction by
State

• Age States
• 15 Connecticut, New York, North Carolina
• 16 Georgia, Illinois, Louisiana, Massachusetts,
  Michigan, Missouri, New Hampshire, South
  Carolina, Texas, Wisconsin
• 17 Alabama, Alaska, Arizona, Arkansas,
  California, Colorado, Delaware, District of
  Columbia, Florida, Hawaii, Idaho, Indiana, Iowa,
  Kansas, Kentucky, Maine, Maryland, Minnesota,
  Mississippi, Montana, Nebraska, Nevada, New
  Jersey, New Mexico, North Dakota, Ohio, Oklahoma,
  Oregon, Pennsylvania, Rhode Island, South Dakota,
  Tennessee, Utah, Vermont, Virginia, Washington,
  West Virginia, Wyoming
• SOURCE Sickmund, Melissa, Howard N. Snyder, and
  Eileen Poe-Yamagata, Juvenile Offenders and
  Victims 1997 Update on Violence Washington, DC
  Office of Juvenile Justice and Delinquency
  Prevention.

FIGURE 1-1
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Slide 14
Defining a Juvenile
Some states have a minimum age of juvenile court
jurisdiction. Individuals younger than this age
are believed to lack the ability to develop
intent and do not know right from wrong.
minimum age of juvenile court jurisdiction The
lower age limit for which the juvenile court may
hear a case.
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Slide 15
SELF CHECK

• What is a status offender?
• What is the most common maximum age of juvenile
  court jurisdiction?

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Slide 16
1.3 The Language of Juvenile Justice
In order to remove the stigma attached to
juveniles who were labeled as criminals, the
juvenile justice system developed a separate set
of terms. Each has a companion term in the adult
system.
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Slide 17
SELF CHECK
Why was a separate set of terms established for
use in the juvenile justice system?
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Slide 18
The ways juveniles are processed in the juvenile
justice system vary greatly among states and even
within the same state. Keeping these variations
in mind, this section will provide an overview of
the major steps in the juvenile justice system.
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Slide 19
FIGURE 1-3
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Slide 20
Law Enforcement and Other Referral Sources
A juvenile enters the juvenile justice system by
being referred to juvenile court through one of
two main referral sources

• Law enforcement agencies
• Parents, victims, schools, probation officers, or
  others

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Slide 21
Law Enforcement and Other Referral Sources
Not all juveniles taken into custody by police
are referred to juvenile court. Some are diverted
out of the system and may receive other services.
diversion A procedure by which a juvenile is
removed from the juvenile justice process and
provided with treatment services.
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Slide 22
Juvenile Court
The process in juvenile court involves three
distinct procedures

• Intake
• Prosecution
• Adjudication

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Slide 23
Juvenile Court Intake
After a case has been referred to juvenile court,
it is sent to intake. Intake is usually the
responsibility of the juvenile probation
department or the prosecutors office.
intake The procedure by which juvenile court
staff decide whether to process the case further
in court, handle the case informally, or dismiss
the case.
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Slide 24
Juvenile Court Intake
About half the cases are handled informally at
intake. In exchange, the juvenile often agrees to
complete requirements such as

• Paying victim restitution
• Completing drug counseling
• Performing community service

This is sometimes called informal probation.
victim restitution A sanction by which a
juvenile offender pays the victim for the harm
done.
community service A sanction requiring a
juvenile offender to perform a predetermined
number of hours of volunteer work.
informal probation A process by which a juvenile
agrees to meet certain requirements in exchange
for having the case dismissed.
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Slide 25
Prosecution
Once the intake officer decides to process the
juvenile further in the system, a prosecutor
receives the case and decides whether to file a
petition or dismiss the case.
The prosecutor may also order a waiver to adult
court.
waiver to adult court The process through which
a juvenile court relinquishes jurisdiction over
the juvenile offender and the case is processed
in adult court.
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Slide 26
Adjudication
If a prosecutor files a petition against a
juvenile, the next step is adjudication.

• This is the trial stage of the juvenile justice
  process.
• Usually a judge determines if the juvenile
  committed an offense. Juries are used
  occasionally.

adjudication Decision by a juvenile court judge
that a juvenile committed the delinquent act.
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Slide 27
Disposition
After a juvenile has been deemed delinquent, a
judge will provide a disposition, usually
involving

• Probation or non-residential dispositions, or
• Residential placement

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Slide 28
Probation or Other Non-Residential Dispositions
The most common disposition in juvenile court is
probation.
Probation lasts for a specific time and often
requires a juvenile to

• Attend counseling
• Perform community service
• Pay victim restitution

probation A disposition imposed by the court
allowing the adjudicated offender to remain in
the community as long as the offender abides by
certain conditions.
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Slide 29
Probation or Other Non-Residential Dispositions
If the juvenile does not abide by the conditions
of probation, he or she can be sentenced to
residential placement.
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Slide 30
Residential Placement
Residential placement means a juvenile is sent to
live in a facility such as a ranch, camp,
institution, or group home.

• Residential placement may be for a specified time
  or it may be indeterminate.

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Slide 31
Residential Placement
There are two circumstances in which a juvenile
in a residential placement may be sent to the
criminal justice system for confinement

• If the offender commits a crime in the facility
  and is old enough to be considered an adult
• If the individual is subject to blended
  sentencing, the imposition of juvenile and/or
  correctional sanctions.

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Slide 32
SELF CHECK
What is the most common disposition in juvenile
court?
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Slide 33
1.5 Comparison of the Juvenile and the Criminal
Justice Systems
The similarities and differences between the
juvenile justice system and the criminal justice
system do not apply to every jurisdiction,
because every jurisdiction has its own rules and
procedures.
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Slide 34
MYTH
FACT
The juvenile and criminal justice systems are the
same, only the ages of the offenders differ.
There are numerous differences between the
juvenile and criminal justice systems.
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Slide 35
SELF CHECK
Do the similarities and differences between the
juvenile justice system and criminal justice
system apply to every jurisdiction?
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• END OF CHAPTER