CHAPTER NINE

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CHAPTER NINE

• JUVENILES IN THE CRIMINAL JUSTICE SYSTEM

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Changing Beliefs

• 1970s-1980s
• What happened to credibility of system?
• What happened to juvenile crime rate?
• Who was blamed?
• Get tough policy
• Waiver to adult court
• Blended sentences
• Death penalty

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Waiver to Adult Court

• What is waiver?
• 1985-1994waivers increased 71
• Still rare1.4 of all juvenile cases
• Same penalties as adults
• All states have some form of waiver

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Reasons for Waiver

• Removes juveniles charged with heinous, violent
  crimes
• Removes chronic offenders
• Greater penalties
• Primary reason
• Jurisdictional age limits of juvenile court

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Types of Waiver

• Judicial
• Legislative
• Prosecutorial

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Judicial Waiver

• Discretionary
• Prosecutor files petition to waive
• Court holds hearing
• Kent v. US
• What are a juveniles rights?
• What factors will the court consider?
• Which factors are most important?
• Mandatoryif find probable cause, must waive to
  adult court

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Legislative Waiver

• Bypasses juvenile court altogether
• Why would the public support this method?
• Easy to implement
• Types
• Statutory exclusion
• Once an adult, always an adult

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Prosecutorial Waiver

• Prosecutor can file charges in either juvenile or
  adult court
• No waiver hearing

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New York System of Waiver

• General ruleif lt 16, not criminally responsible
  for conduct
• Juvenile delinquent
• gt 7 but lt 16
• Commits act that would be crime if committed by
  adult

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New York System of Waiver

• Exceptions (felonies only)
• Called juvenile offender
• 13only Murder 2nd
• 14 15 year oldscriminally responsible for
  following offenses
• Murder 2nd, Kidnapping 1st, Manslaughter 1st
• Arson 1st, Rape and sodomy 1st
• Robbery 1st and 2nd
• Criminal possession of loaded firearm on school
  grounds
• Whats the procedure?

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Trends in Waiver Law

• Laws lowering age can be tried as adult
• Laws expanding number of offenses can be tried
  in adult court
• Legislative and prosecutorial waiver statutes
  increasing

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How Effective is Waiver?

• What are they charged with?
• Who gets the harsher sentence?
• Punishment gap
• Public attitude towards waiver

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Juveniles in Adult Court

• History1970s and 1980s
• Went to adult court as repeat offenders NOT
  violent offenders
• Were handled more leniently in criminal court
• Current statistics
• Juveniles now more likely to be convicted of
  violent offense
• More likely than adults to be sentenced to prison
  for burglary and weapons charges
• Sentences are longer than for adults on weapons
  charges

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Send to Adult Prisons for Serious Property Crimes
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Send to Adult Prisons for Selling Large Amount of
Drugs
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Send to Adult Prisons for Serious Violent Crimes
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Blended Sentencing

• Traditional setup
• Keep in juvenile court and get juvenile sanctions
  OR
• Waive to adult court and get adult penalties
• How could just having these two choices be
  unfair?
• Blended sentencing
• Used for serious and violent juvenile offenders
• Juvenile or adult sanctions regardless of where
  case is processed

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Types of Blended Sentencing

• Juvenile-exclusive blend
• Juvenile-inclusive blend
• Juvenile-contiguous blend
• Criminal-exclusive blend
• Criminal-inclusive blend

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Types of Blended Sentencing

• Juvenile-exclusive blend
• Processed in juvenile court
• Juvenile sentence OR adult sentence
• Juvenile-inclusive blend
• Processed juvenile court
• Both juvenile and adult sentence
• Juvenile-contiguous blend
• Processed in juvenile court
• Sentence starts in juvenile facility and
  continues in adult corrections

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Types of Blended Sentencing (contd)

• Criminal-exclusive blend
• Processed in adult court
• Juvenile sentence OR adult sentence
• Criminal-inclusive blend
• Processed in adult court
• Both juvenile and adult sentence

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Juveniles in Adult Prison

• Types of incarceration
• Straight adult incarceration
• Segregated incarceration
• lt 1 of state prisoners are lt 17

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Juveniles in Adult Prison

• Are there more or less African American juveniles
  in prison?
• What types of crimes have they been convicted of?
• How many are in adult prison on any given day?
• Has that amount increased?

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Juveniles in Adult Prison (1985-1997)
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Juveniles in Adult Prison

• What is the suicide rate like?
• Are juveniles victimized?
• What types of victimization?

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Death Penalty

• 23 states have the death penalty for juveniles
• Thomas Graunger1642 for bestiality
• 365 juvenile executions
• Supreme Court cases
• Thompson v. Oklahoma
• Stanford v. Kentucky
• October 21, 2002would not hear the case

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Death Penalty

• How many executions between 1973 and 2002?
• How long are they on death row?
• How many are now on death row?
• What are their genders?
• Which state has 1/3 of juveniles on death row?

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Arguments for Juvenile Death Penalty

• Violent juvenile crime much worse in US than
  other countries
• Juvenile homicide has increased substantially
• Juvenile homicides particularly brutal
• Politicians want harsher penalties
• Cannot correct the social conditions that breed
  violent juveniles

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Arguments Against Juvenile Death Penalty

• Most had terrible childhoods
• Have not had opportunity to overcome effects of
  these traumas
• Does not deter teens
• Doesnt really address the social conditions that
  cause such violent juveniles

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Studies of Death Row Juveniles

• All had head injuries as children
• 10 had serious psychiatric problems
• 10 were psychotic and had been since childhood
• Almost all with below average IQs
• 25 had been brutally abused as a child either
  physically or sexually
• 33 were heavy drug abusers

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International statistics

• What about the rest of the world?
• U.N. convention on the Rights of the Child

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Hope for Capital Offenders

• Texas Capital Offender Program
• Study of 200 intervention programs geared towards
  serious and chronic offenders

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Review

• What are the 3 components of the 1980s get
  tough policy on juvenile crime?
• What is waiver, and what are the trends?
• Who is waived?
• What are the 3 types of waiver?
• What does Kent v. US stand for?
• What are the due process rights at waiver?

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Review

• What are the 2 types of judicial waiver?
• What factors are most important in deciding
  whether to waive a case?
• Know how legislative and prosecutorial waiver
  work.
• What is the NY system of waiver?
• What are the statistics as to who goes to
  juvenile court, and how has that changed from the
  1970s and 80s?
• What are the 6 types of blended sentencing?

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Review

• What are the characteristics of juveniles in
  adult prisons?
• What are the 2 types of incarceration for
  juveniles in adult prison?
• What are the serious issues for juveniles in
  adult prison?
• Who was the first juvenile executed?
• What do Thompson v. Oklahoma and Stanford v.
  Kentucky stand for?

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Review

• Know the statistics of who, how many, the gender
  and from what state regarding juveniles on death
  row.
• What are the arguments for and against the
  juvenile death penalty?
• What do the studies of death row inmates tell us?

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JUVENILES IN THE CRIMINAL JUSTICE SYSTEM

• END CHAPTER NINE