chapter 1 student

Chapter 1

An Overview of the Juvenile Justice System in the United

States

The Juvenile Justice System, 6th ed.Dean J. Champion

Presented by: D. Romeo

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The Juvenile Justice System

The Juvenile Justice System is an analog to the criminal justice system.

It consists of an __________ network of agencies, institutions, organizations, and personnel who process juvenile offenders.

This __________ is comprised of law enforcement, the courts, corrections, and probation/parole.

There is ______ national juvenile justice system, only local agencies and organizations.



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The Juvenile Justice System

Core principles that distinguish juvenile courts from criminal courts include: ___________ jurisdiction (up to age 17 in most states)

__________ legal proceedings Focus on ____________, not their crimes

Intermediate _______________ ________________ of proceedings



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The Criminal Justice System

Legislatures Criminal laws originate as the result of legislative ______________

__________________ is the power of courts to hear cases

Congress ___________ criminal laws that are enforced by federal agencies

At the community level, city and county governments determine laws



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Law Enforcement 2008—24,000 police and sheriff’s departments in the United States

Over 1,500,000 officers with arrest ____________

Law enforcement officers are most likely to have direct contact with juveniles

Police _______________ important in juvenile justice



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Prosecution and the Courts ________________—obtaining descriptive information on those arrested

Initial appearance—advising defendants of charges against them

______________—a surety in the form of money or property to ensure appearance of defendant at trial

Plea bargains—________-conviction agreements where defendants enter guilty pleas in exchange for concessions



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Juvenile and Criminal Courts Distinguished Juvenile courts are _____________ proceedings.

Juvenile proceedings are more informal. In 39 states juveniles are __________ entitled to trial by jury.

_______________ are adversarial proceedings.

Criminal courts are courts of _____________.

Difference in standard of proof. Range of penalties in juvenile court are ___________.



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Parens Patriae

Originated with the King of England in the 12th century.

Literally, it means the _________________________

Applied to juvenile matters, it means that the king is in charge of, makes decisions about, and has the responsibility for all matters involving juveniles In English common law, parental authority was in the early upbringing of children.

After age 7, children required some responsibility for their own actions.

Accountability to _______ was gradually shifted to the state.



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Parens Patriae

Chancellors for the various districts, in the name of the king, adjudicated matters involving juveniles.

Juveniles had _____ legal rights or standing in any court.

They were the sole ____________ of the king.

Children were therefore wards of the court and the court had the responsibility to safeguard their ____________________.



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Modern Interpretations of Parens Patriae Since the mid-1960s, juveniles have acquired greater ___________________ rights similar to those enjoyed by adults in criminal courts.

Some believe that as juveniles acquire more constitutional rights, the juvenile court is transforming into one of greater criminalization.

As juveniles obtain a greater range of constitutional rights, they become less subject to the influence of Parens patriae.



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Juvenile Delinquents and DelinquencyJuvenile Delinquency: Any criminal act committed by an infant or someone who has ________ reached his/her age of majority.

Ages of majority vary among jurisdictions; many states use “under age 18” or “under age 21”; federal government defines juveniles as those who have committed crimes and have not reached their 18th birthday.

Under common law, the minimum age of accountability is age __________.



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Juvenile Delinquency and Status OffensesJuvenile Delinquents differ from status offenders.

Status offenders do ________ commit crimes.

Status offenses are acts committed by juveniles that would _________ be considered crimes if adults committed them. Examples are: Truancy Runaway behavior Curfew violation



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Truancy

Truancy is ___________ from school without permission or excuse.

There are _______________ or more truants in the United States each school day.

The actual number of truants is _______________, although that it is believed that truancy leads to more serious offending including drug and alcohol use/abuse.

School truant officers are responsible for locating truants and bringing them to school authorities for official action.



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Runaways

In 2008 there were at least 250,000 runaways in the United States.

Fewer than ______ percent of all offenses charged against juveniles include runaway behavior.

Runaways are those who leave home ____________ parental permission.

Runaway behavior is also associated with sexual exploitation, illicit drug use, and alcohol abuse.



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Curfew Violators

Curfews are imposed on juveniles in many jurisdictions.

Law enforcement officers enforce curfew laws and can arrest juveniles who violate curfews.

It is _________________ how many curfew violators there are.

Curfew laws are important because juveniles have a high likelihood of getting into ___________________ curfew hours.



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Juvenile Court Interest in Status Offenders Courts are interested in chronic and persistent status offenders because of their potential for more ______________ criminality.

Chronicity of offending among youths seems to be related to ___________ contact with the courts.

Greater court contact is said to stigmatize youths and induce self-definitions as criminals.



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Deinstitutionalization of Status Offenses (DSO) The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) was established by the Office of Juvenile Justice and Delinquency Prevention.

Courts are interested in status offenders because: Status offenders are believed to benefit more from treatment than punishment.

Greater court contact stigmatizes youths and criminalizes their conduct.

Self-definitions of status offenders as criminals may lead to offense escalation, where juveniles may progress to more serious offenses.



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Deinstitutionalization of Status Offenses The JJDPA has changed and modified its focus over the years toward status offenders: _________: status offenders should be separated by sight and sound from adult offenders in jails

_________: status offenders should be removed from jails and lockups and treated by social services

_________: Congress withholds money from states unwilling to remove juveniles from secure confinement.



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Deinstitutionalization of Status Offenses DSO has three general meanings:

_________________: removal of status offenders from jails and lockups

Divestiture of jurisdiction, where juvenile court judges relinquish their control over status offenders.

Diversion of status offenders to social services where they can be treated and ________ punished.



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Potential Outcomes of DSO

Reduction in number of status offenders held in adult jails and other secure confinement facilities

_______________-widening _____________ impact of recidivism rates

Creation of service delivery problems

Public views of juvenile justice system as _____________ on crime



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Ambiguity of Adolescence and Adulthood Police have broad __________________ power

Police arrest is main way for juvenile to _______________ juvenile justice system

________________ from parents, neighbors, and victims are other methods of entry



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Taken Into Custody

When youths are taken into custody they are __________ necessarily arrested.

Some youths are taken into custody as a _________________ measure.

Being arrested is a _____________ serious police action.



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Juveniles Held in Jails

2008—7,200 juveniles under 18 being held in jails

Many youth are jailed for ___________ time periods

Supreme Court authorized ________________ detention of juveniles (Schall v. Martin, 1984)



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Referrals

__________________ made to juvenile court authorities that a juvenile requires the court’s attention

Referrals can be made by _______________

Ninety percent are made by ___________________________



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Intake

Screening procedure where one or more actions against a juvenile are recommended

Some jurisdictions require intake hearings Results:

__________________ Remand youth to parental custody _____________ youth to parental custody with provisions

____________ Divert youth to alternative dispute resolution

___________ youth to juvenile prosecutor for further action



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Adjudicatory Proceedings

______________ by jurisdiction Less than 50 percent of juveniles in most jurisdictions have assistance of counsel

Most jurisdictions juvenile judges have absolute __________________

Adjudication Judgment or action on the _______________

If hearing supports allegations in the petition, the judge disposes or punishes the juvenile



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Juvenile Court Dispositions

Disposing equivalent to sentencing of adult offenders

____________________ dispositions Verbal warnings or reprimands

____________________ dispositions Probationary options

____________________ dispositions Nonsecure custody or secure custody



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Juvenile Corrections

2008—62,000 juveniles in residential and nonresidential correctional programs

Juvenile corrections range as _____________ as in adult system

Probations, intermediate punishments, incarceration



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Juvenile Parole

When portion of incarceration is served juveniles may be _____________________

____________________ aftercare 2008—estimated 101,000 juveniles on parole

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