- Slides: 41
Juvenile Justice: Unit Two Larned Juvenile Facility
Who is a Juvenile? n n n A person not yet considered an adult for the purposes of determining either criminal or civil liability A minor Before the establishment of juvenile courts, children under the age of 7 were never held responsible for criminal acts Also assumed that between ages 7 -14, children were incapable of committing a criminal act Children over 14 could be charged as an adult
Who is a Juvenile? n Juveniles charged with serious felonies- robbery, assault, rape, murder- can be tried as an adult n Certain conditions sometimes automatically transfer status n Judges can determine status n Prosecutors can determine status
Who is a Juvenile? n Today, almost all states have age limits to determine whether a person accused of a crime will be handled in a juvenile or adult court n Most states - <18
You Be the Judge p. 190 Street Law Read: Determining Juvenile Status with a partner and write down your responses
History of the Juvenile system n mid-19 th century reformers began to argue that the failure of the family was the cause of delinquent behavior n Parents failed to teach their children proper values and respect for authority n Prior to the 1900’s children were sent through the adult system
History of the Juvenile system n Separate juvenile court system established to assume the responsibility that had been the parents’ job n Courts then shifted to being called “Child Saver Reforms” – Designed to rehabilitate and keep identity – Learn community/moralistic values
History of the Juvenile system n First juvenile court set up in Cook County, Illinois in 1899 n Court to be informal – act as a parent or guardian for the child n Parens patriae (parent of the country)right of the state to intervene in the life of a child n court allowed to do whatever was necessary to help the child
History of the Juvenile system n Hearings were closed to the public so identity would be private n Used different terms from adult court…
Term Comparison Juvenile n n n n n Offense Taken into custody Petition Denial Admission Adjudicatory hearing Found delinquent Detention Aftercare Adult n n n n n Crime Arrest File charges Not guilty plea Guilty plea Trial Found guilty Jail Parole
(3) Categories of Juveniles n 1. Delinquent offenders –The crimes that were committed would have sent an adult to jail or prison
Categories continued… n 2. Status offenders – Crimes only associated with being a juvenile. Skipping school, running away from home, refusing to obey parents, MIP – These acts have to be classified beyond the parents control. – (PIN) – Parents in need or (CHINC) Child in Need of Care
Categories continued… n 3. Neglected and Abused – Children needing protection from parents, guardians or siblings – Failing to provide adequate food, clothing and shelter – Court determines where child should be placed – Parental Responsibility Laws – knowing or should know children are selling or using drugs…i. e. contributing to the delinquency of a minor (more on this later)
Read Gault Case p. 194 Do a. , c. , d. , with a partner
1967 Gault Case
Unfair n Arrest on less than probable cause n Not informed of Miranda rights n Could not contact family or attorney n Not informed of nature of hearing n Could not confront witness n Receiving a harsh punishment n Appeal nearly impossible
Fair n Parents were informed of the hearing n Gault given opportunity to prove innocence
Rights adults have n Bail n Trial by jury n Right to a trial record for appeal
Supreme Court rulings on Juveniles n Kent v. U. S. stated that if a child was going to be waived to adult status (moved from the juvenile system to the adult system) that they deserved the same rights as adults – have access to their records – an attorney – the right to have a lawyer cross-examine witnesses
Supreme Court rulings continued… n Gault case established basic rights for the juvenile p. 194 – The right to remain silent – The right to an attorney – The right to confront witnesses – The right to be notified of the charges against them
Supreme Court rulings continued… n Mc. Keiver v. Pennsylvania (1971) n Supreme Court decided that jury trials were not required in juvenile cases
Reforms to the system in Kansas since 1995 n Parents of juvenile offenders may be assessed the cost of certain services – Probation and the time spent at a correctional facility, as much as $150 a day n Court can order the entire family into counseling
Reforms continued… n Parents’ health insurance policies may be billed for the juveniles time in custody, drug and medical care n 1998 Sentencing Matrix established n This was to stop the random sentencing by judges
Parent Responsibility Laws n Parent responsibility laws are sweeping the U. S. because people want parents to be held responsible n Knowing or should know that your kid is selling or using drugs n Pro: makes parents accountable for raising their children n Con: any kid can hide certain activities from parents
Host Law: KS House Bill No. 2319
Juvenile Investigations n Confessions: Miranda rights apply the same for juveniles as adults – Under 14 must have parent or a lawyer present to waive (deny) Miranda rights n Investigations: School officials only need “reasonable suspicion” to conduct searches on lockers, purses and backpacks
“You have the right to remain silent; anything you do or say can be used against you in a court of law; you have a right to consult a lawyer and/or have the lawyer present during questioning; if you can’t afford a lawyer, one will be provided for you; and should you choose to talk to a lawyer, you have the right to stop the interview at any time. ”
Court Procedures n Complaint: information found in the police report. n Statute of limitations: generally, the case must be filed within two years of the act – EXCEPTIONS: extension of five years for felony sex crimes when the victim is less than 16 years old. Murder has NO statute of limitations.
Court Procedures cont… n Jurisdiction: the time the court has control over the juvenile is up to 22 ½ years of age, has been discharged from the court, or is released from juvenile correctional facility n District Attorney (DA): files against all juveniles from 10 yrs. old to 17 yrs. – Exceptions: Traffic offenses, smoking tickets, hunting/fishing offenses go through local courts
Court Procedures cont… n Hearings: open to public unless the court rules otherwise. – Closed for sex offenses. Jury trials not usually granted. – Adjudication: hearing and settling a case, not a conviction of a crime n Sentencing: diversions, probation, treatment plans or house arrest. – Expunge record 2 years after successfully completing program.
Court Procedures cont… n Waivers: moving a juvenile to adult status – Min. age 10 in Johnson County – District Attorney requests the waiver (Factors they consider: priors, seriousness of the offense and their maturity) n Presumption Waiver: automatic waiver no hearing or request – Serious person felonies, 2 nd drug felony or possession of a firearm while committing a felony
Trials and Procedures n Juveniles have the right to a jury trial and other rights of the adult system n Burden of proof is placed on the state (they must prove guilt) n Judge will determine the sentence the offender will receive.
Question of the Day n Is the death penalty cruel and unusual?
th 8 n Excessive Amendment bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Cruel and Unusual n Guidelines set by the Supreme Court – Punishment must not involve the unnecessary infliction of pain – The punishment must not be grossly out of proportion to the severity of the crime • Examples: Dragging a person to their execution, disemboweling, beheading, dissecting, or burning alive
Solem v. Helm 1983 n Helm was sentenced to prison for life without parole for pleading guilty to writing a check for $100, knowing he did not have the money in his account n 7 th Felony conviction
Death Penalty Furman v. Georgia 1972, the Supreme Court ruled that the death penalty in its present form was cruel and unusual n Arguments: n – – – Death penalty is used primarily against minorities Wealthy are never executed Death penalty is a denial of a person’s humanity Death penalty is morally wrong Prison is more effective means of retribution
Georgia v. Furman n Arguments in Favor of death penalty – Used throughout history – Legislature not courts should decide – Proper retribution – It is a deterrent – Founding Fathers did not oppose it
Gregg v. Georgia 1976 Court ruled that the death penalty was not in itself cruel and unusual n 8 th and 14 th Amendments did not bar the death penalty n Georgia’s new procedure for imposing the death penalty made it acceptable n – Trial to see if the death penalty should be imposed – Defendant’s past record – The way that the killing was carried out
Death Penalty n So… Is the death penalty cruel and unusual punishment?
Justices reject Death Penalty for Child Rapists n What was the majority’s overriding message? n What are the exceptions? n What states had the death penalty for child rapists? n What arguments were used in opposition?