Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Juvenile Justice
• Chapter Thirteen
• Bohm and Haley

2
Parens Patriae

• The legal philosophy justifying
• state intervention in the lives of children
• when their parents are unable
• or unwilling to protect them.
• (Ex parte Crouse 1838)

3
Juvenile Courts

• Juvenile Court Act of 1899 established the
• first juvenile court in
• Chicago, IL.
• By 1925 all but two states had juvenile courts.
  The primary interest of these
• informal courts was to
• serve the best interests of children.

• Major Issues
• Little concern for due process
• Informal procedures
• A special judge exercises wide discretion,
  ranging from giving a warning to placing children
  in institutions.

4
Legal Reform and Due Process

• A Supreme Court case which gave a number of due
  process protections to juveniles
• The right against self-incrimination
• A right to adequate notice of charges against
  them.
• A right to confront and to cross-examine their
  accusers.
• The right to assistance of counsel.
• The right to sworn testimony and appeal.

• In re Gault
• (1967)

5
Legal Reform and Due Process

• A Supreme Court case
• which held that
• charges must be proven
• beyond a reasonable doubt where there is a
  possibility that a youth could be confined in a
  locked facility.

• In re Winship
• (1970)

6
Legal Reform and Due Process

• The Courts rulings in Gault and Winship not only
  increased procedural formality in juvenile court
  cases but also shifted the traditional focus from
  the whole child to the childs act.
• In other words, in the 1960s and 1970s a
• legal reform process developed in
• juvenile court cases that favored
• offense-based sentencing and a punitive
  orientation.

7
Legal Reform and Due Process

• A Supreme Court case which held that juveniles
• were not entitled to
• a trial by jury,
• a decision aimed at maintaining the mission of
  the juvenile court
• as treatment.

• Mckeiver v. Pennsylvania
• (1971)

8
The Juvenile Process

• The police are the formal gatekeepers to the
• formal juvenile justice process.
• (Approximately 84 of delinquency cases were
  referred to juvenile courts by police in 2000).
• Status Offenses
• Acts that are not crimes when committed by adults
  but are illegal for children (truancy, running
  away from home, tobacco and liquor laws, and
  ungovernability).

9
The Police Response to Juveniles

• Typical responses that police officers employ
• in handling juvenile cases are
• Warn and release, or,
• Take into custody and possibly detain and
  transport to a juvenile facility or adult
  facility, or,
• Refer to parents, or,
• Refer to a diversionary program operated by the
  police or another community agency, or,
• Refer to court.

10
The Juvenile Court Process

• Adjudication
• The juvenile court equivalent of a trial in
• criminal court or the process of rendering
• a judicial decision regarding the truth of the
  facts alleged in a petition.
• Petition
• A legal form of the police complaint that
  specifies the charges to be heard at the
  adjudication.

11
The Juvenile Court Process

• Diversion
• The goal of juvenile diversion programs is to
  respond to youths in ways that avoid formal
  juvenile processing.
• (Diversion usually occurs before adjudication)

12
The Juvenile Court Process

• Transfer, Waiver, or Certification
• to Criminal Court
• The act or process by which juveniles who meet
  specific age, offense, and (in some
  jurisdictions) prior-record criteria are
  transferred to criminal court for trial.

13
The Juvenile Court Process

• The judicial transfer (waiver or certification)
  process varies from state to state, but typically
  prosecutors must show
• Probable cause.
• The youth presents a threat to the community.
• Existing juvenile treatment programs would not be
  appropriate.
• Programs within the adult system would be more
  appropriate.

14
The Juvenile Court Process

• Disposition
• Disposition is the juvenile court equivalent of
  sentencing in criminal court.
• An order of the court specifying what is to be
  done with a juvenile who has been adjudicated
  delinquent. A disposition hearing is similar to
  a sentencing hearing in a criminal court.

15
The Juvenile Court Process

• Some of the disposition options available are
• Probation (The most frequent correctional
  response for youths).
• Placement in a diversion program.
• Restitution.
• Community service.
• Detention.
• Placement in foster care.
• Placement in long-term or short-term residential
  treatment programs.
• Placement with a relative.

16
Recent Trends in Juvenile Incarceration

• Recent trends in juvenile incarceration are
• Its increased use (approximately 104,000 held in
  residential placement in 2001 95 for
  delinquency offenses, 5 status offenses).
• The use of both public and private facilities.
• The disproportionately large percentage of males
  and racial or ethnic minorities that are
  incarcerated (85 male, 60 minority).
• The increasing number of juveniles being
  incarcerated in local adult jails and state
  prisons (7,083 juveniles held in adult jails in
  2004 and 2,477 juveniles held in adult prisons in
  2004).