juvenile justice: unit two larned juvenile facility
TRANSCRIPT
Juvenile Justice: Unit Juvenile Justice: Unit TwoTwo
Larned Juvenile Facility
Who is a Juvenile? 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?Juveniles charged with serious
felonies- robbery, assault, rape, murder- can be tried as an adult
Certain conditions sometimes automatically transfer status
Judges can determine statusProsecutors can determine status
Who is a Juvenile?
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
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
mid-19th century reformers began to argue that the failure of the family was the cause of delinquent behavior
Parents failed to teach their children proper values and respect for authority
Prior to the 1900’s children were sent through the adult system
History of the Juvenile system
Separate juvenile court system established to assume the responsibility that had been the parents’ job
Courts then shifted to being called “Child Saver Reforms”– Designed to rehabilitate and keep
identity– Learn community/moralistic values
History of the Juvenile system
First juvenile court set up in Cook County, Illinois in 1899
Court to be informal – act as a parent or guardian for the child
Parens patriae (parent of the country)- right of the state to intervene in the life of a child
court allowed to do whatever was necessary to help the child
History of the Juvenile system
Hearings were closed to the public so identity would be private
Used different terms from adult court…
Term Comparison
Offense Taken into custody Petition Denial Admission Adjudicatory hearing Found delinquent Detention Aftercare
Crime Arrest File charges Not guilty plea Guilty plea Trial Found guilty Jail Parole
Juvenile Adult
(3) Categories of Juveniles
1. Delinquent offenders1. Delinquent offenders–The crimes that were
committed would have sent an adult to jail or prison
Categories continued…
2. Status offenders2. 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…
3. Neglected and Abused3. 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
UnfairArrest on less than probable causeNot informed of Miranda rightsCould not contact family or
attorneyNot informed of nature of hearingCould not confront witnessReceiving a harsh punishment Appeal nearly impossible
FairParents were informed of the
hearing Gault given opportunity to
prove innocence
Rights adults have
BailTrial by juryRight to a trial record for
appeal
Supreme Court rulings on Juveniles
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…
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…
McKeiver v. Pennsylvania (1971)Supreme Court decided that jury
trials were not required in juvenile cases
Reforms to the system in Kansas since 1995
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
Court can order the entire family into counseling
Reforms continued…
Parents’ health insurance policies may be billed for the juveniles time in custody, drug and medical care
1998 Sentencing Matrix established
This was to stop the random sentencing by judges
Parent Responsibility Laws
Parent responsibility laws are sweeping the U.S. because people want parents to be held responsible
Knowing or should know that your kid is selling or using drugs
Pro: makes parents accountable for raising their children
Con: any kid can hide certain activities from parents
Host Law: KS House Bill No. 2319
Juvenile Investigations
Confessions: Miranda rights apply the same for juveniles as adults– Under 14 must have parent or a lawyer
present to waive (deny) Miranda rights 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
Complaint: information found in the police report.
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… 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
District Attorney (DA): files against all juveniles from 10yrs. old to 17yrs. – Exceptions: Traffic offenses, smoking
tickets, hunting/fishing offenses go through local courts
Court Procedures cont…
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 Sentencing: diversions, probation,
treatment plans or house arrest. – Expunge record 2 years after successfully
completing program.
Court Procedures cont…
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)
Presumption Waiver: automatic waiver no hearing or request– Serious person felonies, 2nd drug felony or
possession of a firearm while committing a felony
Trials and Procedures
Juveniles have the right to a jury trial and other rights of the adult system
Burden of proof is placed on the state (they must prove guilt)
Judge will determine the sentence the offender will receive.
Question of the Day
Is the death penalty cruel and unusual?
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Cruel and Unusual
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
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
7th Felony conviction
Death Penalty
Furman v. Georgia 1972, the Supreme Court ruled that the death penalty in its present form was cruel and unusual
Arguments:– 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
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
8th and 14th Amendments did not bar the death penalty
Georgia’s new procedure for imposing the death penalty made it acceptable– Trial to see if the death penalty should be imposed– Defendant’s past record– The way that the killing was carried out
Death Penalty
So… Is the death penalty cruel and unusual punishment?
Justices reject Death Penalty for Child Rapists
What was the majority’s overriding message?
What are the exceptions? What states had the death penalty for
child rapists? What arguments were used in
opposition?