a juvenile is a young person not yet an adult 7-18 years of age can be sentenced to life in prison...
TRANSCRIPT
Juvenile JusticeKyley Burd
October 19, 2013History over the years
WHAT IS A JUVENILE?
A juvenile is a young person not yet an adult
7-18 years of age Can be sentenced to life in prison but
not death
EARLY HISTORY 1899 in Cook County, Illinois Juvenile corrections,16th century Europe reform movement Poor children vs. rich children African Americans, Native Americans, and people who
were considered the dangerous class 1825, the Society for the Prevention of Juvenile
Delinquency 1899, Illinois passed the Juvenile Court Act of 1899 Parens patriae (a British doctrine that is literally the state
as the parent)
JUVENILE COURT
JUVENILE COURT VS. ADULT DUE PROCESS WAS DEEMED UNNECESSARY TREATMENT WAS SUPPOSED TO GO UNTIL THE JUVENILE
WAS SAID TO BE “CURED” OR BECOME AN ADULT WHICH WAS SAID TO BE 21
1960’S, THE SUPREME COURT ORDERED THE JUVENILE COURTS BECOME MORE FORMAL
ACCORDING TO THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT OF 1968 STATED THAT CHILDREN CHARGED WITH NONCRIMINAL OFFENSES WILL NOT BE HANDLED IN THE COURT SYSTEM BUT OUTSIDE OF IT
JUVENILE COURT
JUVENILE COURT VS. ADULT DUE PROCESS WAS DEEMED UNNECESSARY TREATMENT WAS SUPPOSED TO GO UNTIL THE JUVENILE
WAS SAID TO BE “CURED” OR BECOME AN ADULT WHICH WAS SAID TO BE 21
1960’S, THE SUPREME COURT ORDERED THE JUVENILE COURTS BECOME MORE FORMAL
ACCORDING TO THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT OF 1968 STATED THAT CHILDREN CHARGED WITH NONCRIMINAL OFFENSES WILL NOT BE HANDLED IN THE COURT SYSTEM BUT OUTSIDE OF IT
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
Amended in the 1980’s Deinstitutionalization of status offenders and
nonoffenders Separation of juvenile delinquents from adult offenders Encouraged community-based programs, diversion,
and deinstitutionalization “Sight and sound separation” (no contact with adult
offenders) “Jail and lockup removal”( juveniles can’t be in adult
lockups) “Disproportionate confinement of minority
youth”(reduce problems in the State)
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
Amended in the 1980’s Deinstitutionalization of status offenders and
nonoffenders Separation of juvenile delinquents from adult offenders Encouraged community-based programs, diversion,
and deinstitutionalization “Sight and sound separation” (no contact with adult
offenders) “Jail and lockup removal”( juveniles can’t be in adult
lockups) “Disproportionate confinement of minority
youth”(reduce problems in the State)
LAWS CHANGED BETWEEN 1992-1997
Transfer provision- easier to transfer juvenile offenders to criminal court
Sentencing authority- gave criminal and juvenile courts to expand on sentencing options
Confidentiality- made juvenile records and proceedings more available
Victim Rights-increase role of victims in juvenile court
Correctional Programming- developing new programs
PURPOSE CLAUSE
Juveniles held accountable for actions Provide effective deterrence Keep criminal activity out of the public Balance all attention Punishment severity = Criminal Act
FACTORS OF JUVENILE CRIMES
Social Cultural Mental environmental Legal factors such as attitude, home
life, education, and parents
1997-2010 Incarceration of Juveniles
COURT CASES
Kent vs. United States 1966 Morris Kent, age 16 Charged with rape and
robbery Confessed, Guilty Sentenced to 30-90 years in
prison Attorney issued a dismissal Judge waived it Counsel should have full
access to records Judge should have provide a
written statement for waiver Due process to transfer in
adult court
In re Gault 1967 Gerald Gault, age 15 Probation for minor
property crimes Prank telephone call to an
adult neighbor Adult punishment- $50
fine and 2 months in jail Right to notice and
counsel, to question witnesses, and to avoid self-incrimination
Encourage States to give these rights but did not apply it to this case
Court Cases
In re Winship 1970 Samuel Winship, age 12 Charged with stealing $112
from a woman’s purse in a store
Seen running from the seen Witnesses stated employee
could not see the incident in the position they were in
Adjudicated delinquent Reasonable Doubt Proof beyond a reasonable
doubt was ruled to be used in Juvenile Court in delinquency cases
“Save” not “punish”
McKeiver vs. Pennsylvania 1971 Joseph McKeiver, age 16 Charged with robbery,
larceny, and receiving stolen goods
20-30 other youths chased 3 other youths and took $.25 from them
Requested a jury trial Adjudicated and put on
probation Supreme Court ruled jury
trials not required for Juvenile Court
Court Cases
Breed vs. Jones 1975 Gary Jones, age 17 Charged with armed robbery Judge waived jurisdiction Violated double jeopardy After adjudication, waivers
can’t be used
Oklahoma Publishing Company vs. District Court in and for Oklahoma City 1977 Press can report name and
photograph of a youth in Juvenile Court
Smith vs. Daily Mail Publishing Company 1979 Can’t stop the press from
publishing a juvenile’s name Free Press
Schall vs. Martin 1984 Gregory Martin, age 14 Charged with robbery, assault,
and possession of a weapon Stole jacket and sneakers from a
boy he hit on the head with a loaded gun while with 2 other youths
Preventive “pretrial” detention of juveniles only allowed on certain issues
REHABILITATION
NO VIOLENT OFFENDER CONTACT = NO NEW TRADES LEARNED
SEEN AS GOOD PEOPLE WHO JUST DID A BAD THING
DIFFERENT PROGRAMS TO FIT INDIVIDUALS NO COMMUNITY, PEER, OR OTHER ABUSE IMPULSIVE BEHAVIOR IN THE BRAIN HAS
DEVELOPED FURTHER THAN DECISION MAKING
CONTINUE TO LIVE LIFE OUTSIDE PRISON WORKING ON ISSUES
PRISON
37 TIMES MORE LIKELY TO COMMIT CRIME IN/OUT JUVENILE DETENTION CENTER
OFFENDERS WHO ARE IN JAIL LONGER DON’T TRY TO “ONE UP” JUVENILES OR VICE VERSA
FEAR OF PUNISHMENT/DETERRENCE SOCIAL CONTROL LESS MONEY TO HOUSE INMATE WHAT IS A GOOD ENVIRONMENT? BALANCE THOSE PEOPLE WHO DON’T GET A SECOND CHANCE
BECAUSE A JUVENILE TOOK THAT AWAY PUNISHMENT FITS THE CRIME NO EASY WAY OUT
Resources
Bilchik, Shay. United States. Department of Justice. 1999 National Report Series. Washington D.C: 1999. Web. <https://www.ncjrs.gov/pdffiles1/ojjdp/178995.pdf>.
Information for this Bulletin was taken from chapter 4 of Juvenile Offenders and Victims: 1999 National
Report. For a full listing of sources for this chapter,see page 109 of the National Report.