- Slides: 26
Good morning!! Good afternoon!! 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
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
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?
JUVENILE LAW Adapted/edited from: http: //teachingcivics. org/lesson/juvenile-justice-introduction/
What is the Purpose of Criminal Law? Punishment � � Prevention � � Discourage offender from committing crimes in the future Discourage future offenders Incapacitation � � “Eye for an Eye” Way for society to take revenge 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?
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.
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"
Rights of Juveniles and In Re Gault The 5 th 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. "
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
Why are there different terms for juveniles vs adults?
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
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
Tried as Adults: Cruel and Unusual Punishment? The 8 th 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?
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?
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?
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. https: //www. youtube. com/watch? v=v. Tz. ET hnv-vk&noredirect=1
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?
Should age make a difference?
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
Procedures in a Juvenile court 1) 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 2) Initial or detention hearing - At this hearing the state must prove a crime was committed & reasonable cause that they committed it 3) 4) Adjudicatory hearing- “Fact finding” hearing Dispositional hearing - The judge decides the sentence (or disposition) 5) Post disposition- Serving their sentence, such as probation, juvenile detention, community service, etc. 6) Having a record
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
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)
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
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
Debrief Judges- explain your decision What side of the argument do you support? Why?