The Juvenile Justice System

The Juvenile Justice SystemWhen first created was viewed as quasi-

social welfare agencyParens patriae – system acts as a

surrogate parent in the interests of the child

The interest of the child are the primary concern and can be protected by many policies, not all criminal justice

Critic argue that the juvenile justice system is outdated and should be focused on punishment.

The History of Juvenile JusticeSeparating juveniles from adults can be

traced back to two developments in English custom and law:The development of poor laws – 1535 English

passed statutes called “poor laws” that mandated appointment of overseers to place neglected children with families

The chancery court – concerned primarily with protecting property rights and welfare of more affluent minor children who could not care for themselves

The History of Juvenile Justice (cont.) Care of children in early America

Youth who committed serious crime were treated as adults

Almshouses, poorhouses, workhousesChild savers began developing organizations to

help alleviate the burdens of the poor

The History of Juvenile Justice (cont.) The child-saving movement

Created programs for indigent youthsNew York House of RefugeBoston House of ReformationChildren’s Aid Society

The History of Juvenile Justice (cont.) 1899 – First comprehensive juvenile court

created in IllinoisBest interest of the childPaternalistic rather than adversarialProbation department to monitor youths in the

communityReform schools

Juvenile Justice TodayHas jurisdiction over two categories of

offendersDelinquents – violate the law, commit an

offense in violation of penal codeStatus offenders – truants and habitually

disobedientPINS – Persons in Need of SupervisionCHINS – Children in Need of Supervision

Status Offenses

Volume and Age of Status Offenses

Juvenile Justice Today (cont.)States have set different maximum ages

below which children fall under the jurisdiction of the juvenile court

Some states exclude certain classes of offenders or offenses

Those that commit serious violent offenses may be automatically excluded, ‘waivered’ to adult courts

Creation of family courts

The Juvenile Justice System

Police Processing of the Juvenile OffenderAccording to UCR, police arrest more than

1.5 million juveniles under age 18 each yearMost police departments have separate

juvenile detectivesMost police may arrest for status offenses

Police Processing of the Juvenile Offender (cont.)Use of discretion

Decision to release or detain and refer to juvenile court

Decision based on offense, police attitudes, and child’s social and personal conditions

Factors significant to police decision making Type and seriousness of child’s offense Ability of parents to be of assistance in disciplining

child Child’s past contacts with police Degree of cooperation Denial of offense

Police Processing of the Juvenile Offender (cont.)Legal rights

Same 4th Amendment rights as adultsAfforded greater 5th Amendment protection

The Juvenile Court ProcessJuvenile court plays major role in controlling

juvenile behavior and delivering social services to children

Juvenile cases increased between 1960 – 1995

Since 1995 number has declined reflecting the overall decline in crime rate

The Juvenile Court Process (cont.)The intake process

Court officers screen child to determine if needs to be handled formally or whether the case can be settled without formal intervention

Opportunity to place child in a community program

More than half of referrals to juvenile courts never go beyond this stage

Police Processing of the Juvenile Offender (cont.)The detention process

Juvenile Justice Act of 1974Use of detention increased 41% between 1985

and 2000.Majority of those detained are whiteDisproportionate number of African-Americans

detained before trial

The Juvenile Court Process (cont.) Detention process (cont.)

Detention hearing required in most statesRight to counselProcedural due process rightsCriteria to support a decision to detain

Need to protect the child Decide if child a danger to the public Determine likelihood juvenile will return to court

for adjudication

The Juvenile Court Process (cont.) Reforming detention

Remove status offenders from lockupsDetention of youths in adult jailsOJJDP Grants

The Juvenile Court Process (cont.) Bail

Federal courts have not ruled on juvenile’s constitutional right to bail

Relatively few states use monetary bailRelease of child to parent or guardian viewed

as an acceptable substitute

The Juvenile Court Process (cont.) Plea bargaining

Exists for the same reasons as in adult courtsWhen child makes admission, courts require

the following procedural safeguards Child knows of the right to a trial Plea or admission is voluntary Child understands the charges and consequences

The Juvenile Court Process (cont.) Waiver of jurisdiction

Most jurisdictions provide by statute a waiver of offenders to the criminal courts

Factors considered are the child’s age and nature of the offense

Some states allow waivers only in felony cases

The Juvenile Court Process (cont.) Waiver of jurisdiction (cont.)

Kent v. United States (1966) – Court held that at the waiver proceeding juveniles must be afforded minimum requirements of due process of law, including right to counsel.

Breed v. Jones (1975) – Court held that prosecution of juveniles as adults in California Superior Court violated the double jeopardy clause of 5th Amendment.

The Juvenile Court Process (cont.)Waiver of jurisdiction (cont.)

Concurrent jurisdictionExcluded offensesJudicial waiverReverse Waiver

Effect of the waiver

The Juvenile Court Process (cont.) The trial

Initial appearance – similar to arraignment in adult court

Fact-finding hearingIn re Gault (1967)

Notice of the charges Right to counsel Right to confront and cross-examine witnesses Privilege against self-incrimination Right to transcript of trial record

The Juvenile Court Process (cont.) Disposition and treatment

Juvenile court judge imposes a sentence on the juvenile offender based on offense, prior record, and family background.

Bifurcated hearing processTypical juvenile court dispositions

Suspended judgment Probation Placement in a community treatment program Commitment to the state agency responsible for

juvenile institutional care Work camp

The Juvenile Court Process (cont.) Juvenile sentencing reform

Push for harsher sentencesMandatory and determinate incarceration

sentencesEffort to remove status offenders from juvenile

justice systemEffort to standardize dispositions in juvenile

courtsJuvenile drug courts

The Juvenile Correctional ProcessProbation

Most common sentence for juvenilesPlace under supervision in the communityGeneral conditions of supervision, control and

rehabilitative conditions

The Juvenile Correctional Process (cont.)Deinstitutionalization

Large institutions too costlySmall residential facilitiesPublic support for community-based programs

still exists in some areas

The Juvenile Correctional Process (cont.)Aftercare

Help youths make the transition from residential or institutional settings

ParoleProcedural protections in probation and parole

revocations

The Juvenile Correctional Process (cont.) Preventing delinquency

Designed to intervene before delinquent actsIn past was responsibility of treatment oriented

agenciesToday community treatment involves

combination of juvenile justice and treatment agencies Fast Track Program CAR/CASASTART Program