Juvenile Justice

Ch. 16

Juvenile Courts

• The first juvenile courts were set up because society believed that the family had failed juveniles and the juvenile courts would take the place of the family.

Juvenile Justice and Delinquency Act of 2002

• Main purpose:– It is important

juvenile offenders be held accountable for their acts and community safety be protected

Status Offender

• Juveniles who commit acts that would not be crimes if committed by adults

Examples

– Underage possession of alcohol

– Truancy– Curfew Violation– Running away

from home

Delinquent Offender

• A youth who has committed an act that would be a crime if committed by an adult.

Juveniles tried as adults

• Juveniles can be charged as an adult after a transfer hearing, when a judge considers– Seriousness of the crime– Age and past record– The likelihood that the

juvenile may be rehabilitated.

– Whether there were co-defendants

• Intake – Officials decide whether to refer a juvenile to juvenile court during this process.

• Today’s “get-tough” philosophy results in more juveniles being transferred to adult courts.

Adult v. Juvenile System

Adult• Crime• Arrest

• File Charges• Not Guilty Plea

• Guilty Plea• Trial

• Found Guilty• Sentencing Hearing

• Sentencing• Parole

Juvenile=Offense=Take into custody=Petition=Denial=Admission=Adjudicatory Hearing=Found delinquent=Dispositional Hearing=Disposition=Aftercare

Juveniles• Do NOT have a right to trial by jury• Who are found delinquent do not have a

criminal record• Who serve time for juvenile offenses cannot

be held beyond a certain set by state law, such as 21 or 23 years

• Some states permit them to expunge their juvenile records when they reach a certain age and have committed no additional delinquent acts.

US Supreme Court

• Has required that states follow no procedures regarding appeals from juvenile cases.