DO NOW What is the most serious problem

DO NOW What is the most serious problem facing teenagers today? Explain your answer!

Chapter 17 Juvenile Justice Department Survey – most serious problem facing teenagers is crime. Gangs are a problem today.

Chapter 17 Juvenile Justice

Youth Crime in the U. S. There about 1. 5 million juvenile arrests each year ¡ 96, 000 of those arrests are for violent offenses ¡ The juvenile violent crime rate has dropped by half since 1994 ¡

Youth Crime in the U. S. (contd. ) ¡ Criminologists have tried to explain the rise of violent youth crime that occurred in the mid-1980 s l Two explanations seem most promising: The “cohort” approach ¡ Environmental factors ¡ ¡ Epidemic of youth violence in the US occurred simultaneously with an increase in drugs.

Development of Juvenile Justice The idea that juveniles should be treated differently originated in the common law and in the chancery courts of England. ¡ Common law prescribed that children under the age of seven were not capable of felonious intent and were therefore not criminally responsible. ¡

Development of Juvenile Justice (contd. ) Under the doctrine of parens patriae, the chancery courts exercised protective jurisdiction over all children ¡ The doctrine of parens patriae laid the groundwork for the formation of juvenile justice. ¡

Juvenile Justice in the U. S. ¡ The Puritan Period (1646 -1824) l l Major Developments: Massachusetts Stubborn Child Law (1646) Causes and Influences: a) b) l Puritan view of problem children as evil Economically marginal agrarian society Juvenile Justice System: Law provides a symbolic standard of maturity and support for family as economic unit

Juvenile Justice in the U. S. (contd. ) ¡ The Refuge Period (1824 -1899) l l Major Developments: Institutionalization of deviants, House of Refuge developed in New York Causes and Influences: a) enlightenment b) immigration and industrialization l Juvenile Justice System: Child is seen as helpless and in need of state intervention

Parens Patriae Philosophic basis for juvenile courts in America at the turn of the century ¡ It meant that the state was to act on behalf of the parent in the interests of the child ¡ Beginning in the 1960 s the emphasis began to focus on a due process approach for juveniles ¡ Juveniles have not always retained due process rights in the US ¡

Juvenile Justice in the U. S. (contd. ) ¡ Juvenile Court Period (1899 -1960) l l l Major Developments: Establishment of a separate legal system for juveniles. Illinois Juvenile Court Act (1899) Causes and Influences: a) Reformism and rehabilitative ideology b) increased immigration, urbanization, industrialization Juvenile Justice System: Juvenile court institutionalized legal irresponsibility of child

Illinois Juvenile Court Act of 1899 Established the first comprehensive system of juvenile justice ¡ Four major elements: ¡ l l Separate court for delinquent, dependent, and neglected children Special legal procedures that were less adversarial than those in the adult system Separation of children from adults in all parts of the justice system Programs of probation to assist the courts in deciding what is best

Juvenile Justice in the U. S. (contd. ) ¡ Juvenile Rights Period (1960 -1980) l l l Major Developments: Increased legalization of the juvenile law; the Gault decision and the Delinquency Prevention Act Causes and Influences: a) criticizes system on humane grounds b) civil rights movement by disadvantaged groups Juvenile Justice System: Movement to define and protect rights as well as to provide services to children

U. S. Supreme Court Decisions Expanding the Rights of Juveniles- juveniles only have some of the due process rights of adults – no jury, no bail ¡ Kent v. United States (1966) l ¡ Juveniles have the right to counsel at a hearing at which a juvenile judge may waive the case to adult court In re Gault (1967) l A child in a delinquency hearing must be afforded: notice of the charges, right to counsel, right to confront and crossexamine witnesses, and protection against self-incrimination.

U. S. Supreme Court Decisions Expanding the Rights of Juveniles (contd. ) ¡ Mc. Keiver v. Pennsylvania (1971) l ¡ Breed v. Jones (1975) l ¡ Juveniles do not have a constitutional right to trial by jury Juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer. To do so violates the protection against double jeopardy. In re Winship (1970) l Burden of proof is to be “beyond a reasonable doubt” l NJ v TLO – can search students and lockers

Juvenile Justice in the U. S. (contd. ) ¡ Crime Control Period (1980 -present) l l l Major Developments: Concern for victims, punishment orientation, transfer to adult court, protection from abuses Causes and Influences: a) More conservative public attitudes and policies b) focus on serious crime by recidivists Juvenile Justice System: More formal, restrictive and punitive. More police referral to court and longer sentences. Incarcerated youth stay longer periods.

Schall v. Martin (1984) ¡ The Supreme Court significantly departed from the trend toward increased juvenile rights l Court confirmed the basis for the juvenile court as parens patriae and that this was equal to the Court’s desire to protect the community from crime l This case reflects the Court’s ambivalence permeating the juvenile justice system

The Juvenile Justice System juvenile courts are complex institutions Age limit varies between states ¡ Statutory provisions exist in each state which allow a juvenile to be tried in an adult criminal court ¡ Four types of cases fall under its jurisdiction: ¡ l l Delinquency – conduct that would be criminal if it was done by an adult Status offenses – not criminal if done by adult (i. e. ) smoking cigarettes, truancy Neglect – deprived of love, shelter, food, care. Dependency

Age Juveniles May Be Waivered to Adult Criminal Court - not all states handle juvenile cases in the same way ¡ The waiver provisions of states vary greatly, and no clear regional or other factor explains the differences. Youngest – age 10, upper age 16 -18

Juvenile Justice Process ¡ Underpinning the process are thoughts that: l l Interests of the child should be primary Proceedings should be conducted in a non-adversarial environment The bureaucracy should be primarily staffed by persons from the helping professions Exchange relationships are necessary to make the system work

The Juvenile Justice System ¡ Decision makers have more options for the disposition of juvenile offenders, compared with options in the criminal justice system for adults.

Major Police Decisions Regarding Processing Juveniles ¡ ¡ Whether to take the child into custody Whether to request that the child be detained following apprehension Whether to refer the child to court ¡ Many police departments have special juvenile units. ¡ Police exercise a great deal of discretion in these decisions ¡

Factors Influencing Police Actions ¡ ¡ ¡ The seriousness of the offense Willingness of parents to cooperate and discipline the child Child’s behavioral history as reflected in school and police records The extent to which the child and the parents insist on a formal court hearing The local political and social norms concerning dispositions in such cases The officer’s beliefs and attitudes

Intake ¡ ¡ Once the juvenile has been referred to the juvenile court through the use of a petition (not an arrest), an intake hearing is held The hearing officer determines whether the alleged facts are sufficient for the juvenile court to take jurisdiction

Intake (contd. ) ¡ ¡ ¡ May screen out cases not deemed serious enough for court’s attention Opportunity exists to place child in informal programs Cases are generally resolved by some sort of settlement or deal

Pretrial Procedures If the case is to be referred to the court, the court holds an initial hearing ¡ Juveniles are informed of their rights and told that a plea must be voluntary ¡

Pretrial Procedures (contd. ) ¡ If the youth is to be detained (imprisoned) pending trial, most states require a detention hearing that will determine if the youth is to be released to a guardian or to be held in a detention facility until adjudication ¡ For many who are detained, the detention itself is punishment due to the poor conditions.

Arguments For Trying Serious Juvenile Offenders in Adult Court ¡ ¡ Violence by juveniles is serious and must be handled swiftly and with certainty Juvenile courts have not reduced violent behavior Procedures for waiving juvenile jurisdiction are cumbersome in some states Justice demands that heinous crimes, regardless of their age, must be dealt with to the fullest extent of the law

Adjudication ¡ ¡ ¡ Adjudication is the trial stage of the juvenile justice process. Contemporary juvenile proceedings are more formal than in the past, although still more informal than adult proceedings Juveniles still lack many of the protections given to adult offenders

Disposition ¡ If the juvenile is found to be delinquent, then the judge will schedule a dispositional hearing to decide what action should be taken ¡ Judge receives a predisposition report prior to the hearing ¡ There are five choices available for disposing of the case: dismissal, probation, alternative dispositions, custodial care, and community treatment

Juvenile Corrections ¡ One of the major goals of juvenile corrections is to avoid unnecessary incarceration. l l l Labeling effects Abandoning only environment they know Treatment believed to be more effective when child is living in a normal, supportive home environment

Juvenile Dispositional Options The main dispositional options for judges are probation and commitment to an institution ¡ Institutions are classified as either nonsecure or secure placements ¡ l l Nonsecure – foster homes, group homes, camps, ranches Secure – reform schools and training schools ¡ Used for the most serious offenders

Aftercare ¡ The juvenile equivalent to parole is aftercare ¡ The offender is placed under the supervision of a juvenile parole officer who assists with educational, counseling, and treatment services ¡ Community-based treatment has become much more common l l Foster homes Group homes

Problems and Perspectives ¡ ¡ Criticism emphasizes the disparity between the treatment ideal and the institutionalized practices of a bureaucratic system Other criticisms focus on how the system does not control juvenile crime

Problems and Perspectives (contd. ) ¡ Conservative crime control policies have also influenced juvenile justice. New policies have led to: l l l Overcrowding Litigation challenging abuse in secure facilities Higher rates of minority youth incarceration