Chapter 13.pdf

Chapter 13: Juvenile Justice Introduction ? Most chronic juvenile offenders begin their careers before the age of 12, some as early as 10 ? Juveniles: youth at or below the upper age of juvenile court jurisdiction in a particular state ? nearly 16% of all violent crimes and 26% of property crimes are committed by people under 18 ? Juvenile justice system: government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of juvenile court ? Has roots in adult system, but a more uniform philosophical base and relatively clear agreement about the system's purpose ? Not as open as the adult systems Juvenile Justice Throughout History Earliest Times ? Received no preferential treatment because of youth ? Delinquency: Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior ? Court philosophy toward juveniles derived from Roman principle Patria postestas ? Father had absolute control over children ? Led to legal Principle of Parens patriae ? common law principle that allows the state to assume a parental role and to take custody of a child when they become delinquent, is abandoned, or is in need of care that natural parents are unable/unwilling to provide ? Early English institutions placed a large burden of responsibility on the family Juveniles in Early America ? Frequent use of jails and prisons for juveniles and adults ? Severe punishment in response to belief that unacknowledged evils will bring wrath of God ? New beliefs cause society became increasingly concerned about their well being The Institutional Era The House of Refuge ? Save children from lives of crime and poverty ? Cited problems of locking up children with mature adults ? 1824 ? first House of Refuge opened ? only for children who could be ?saved? ? Became overcrowded and conditions deteriorated Chicago Reform School ? Child-savers movement began ? Place for delinquent juveniles that embodied the atmosphere of a Christian home ? Emphasized traditional values and worth of hard work ? Attempted to emulate wholesome family environments ? Grew overcrowded The Juvenile Court Era ? Expanding recognition of Children's needs led to states enacting special juvenile legislations ? Juvenile Court: any court that has jurisdiction over matters involving juveniles ? Applied ?delinquent? over ?criminal? to avoid lasting stigmas on young offenders ? 1938 Juvenile Court Act ? Five Philosophical principles of juvenile court movement ? State is higher/ultimate parent of all children ? Children are worth saving ? Children should be nurtured ? Justice needs to be individualized ? Noncriminal procedures are necessary to give primary consideration to needs of the child Categories of Children in the Juvenile Justice System ? Delinquent child: one who violated criminal law; would be considered a criminal if an adult ? Undisciplined child: beyond parental control, refuses to obey legitimate authorities ? Dependent child: has no parents or guardians or whose parents are not available/unable to care for them ? Neglected child: one who does not receive proper care from parents or has been placed up for adoption ? Abused Child: one who suffers physical, emotional, or sexual abuse ? Status offender: children who violate laws written only for them ? Ex: truancy, vagrancy, running away from home The Legal Environment Kent V. US (1966) ? Ended hands-off era in juvenile justice ? Morris Kent (14) was charged with several home burglaries, robbery, rape ? Case was brought to adult court without reasoning and was found guilty ? Appealed case stating that did not receive adequate hearing ? Importance: recognized need for at least minimal due process in juvenile court hearings In re Gault (1967) ? Gerald Gault and friend make prank phone call, get arrested for lewd remarks, two hearings, boys remanded to State Industrial School ? Appeal focused on six areas (denied due process) ? Notice of charges ? not given enough notice to prepare defense ? Right to Counsel ? not notified of right nor allowed to have an attorney ? Right to confront/cross-examine witness ? complainant not required to be at hearings ? Protection against self-incrimination ? never advised of right to remain silent ? Right to transcript ? in appeal, no transcript of hearings were given to attorney ? Right to appeal ? at time Arizona state did not give juveniles right to appeal ? Court didn't agree with right to appeal (set by state constitution, not US Constitution) nor the right to a transcript (not a Constitutional right nor are they always produced) ? Impact: Juveniles are now guaranteed same procedural rights as adults In re Winship (1970) ? Samuel Winship (12) illegally entered a locker and stole $112 ? Importance: In delinquency matter,s sate must prove its case beyond a reasonable doubt McKeiver v. Pennsylvania (1971) ? Not all adult procedural rights are extended to juveniles in previous landmark cases ? McKeiver v. Pennsylvania reiterates what earlier decisions had established and legitimized some generally accepted practices of Juvenile court ? Joseph McKeiver (16) charged with robbery, larceny and receiving stolen property (felonies) ? Request to trial by jury denied ? Impact: Didn't set new standards, but reinforced accepted practices of conducting juvenile adjudicatory hearings ? Several states allow for option of jury trials for juveniles Breed V. Jones (1975) ? Jones (17) committed robbery while armed and was declared delinquent, but was later transferred to adult court because he was unfit for treatment as a juvenile ? Appealed on grounds of alleged double jeopardy because he was already adjudicated in juvenile court, but state claims it was natural continuation. ? Jones won because two separate adjudications fall under double jeopardy clause ? Released because was too old to be tried in juvenile court by the time decision was reached ? Importance: restricted conditions under which transfers from juvenile to adult courts may occur Schall V. Martin (1984) ? Gregory Martin (14) arrested, charged with robbery and weapons possession, detained 2 weeks until hearing ? NY law allowed detaining of high risk continued delinquency ? Claimed he was unlawfully held according to 14th amendment rights ? Ruled that pretrial detention doesn't violate fairness required by due process ? Importance: Upheld practices of pretrial detention ? Today can be held without prior notice, an equitable detention hearing and a statement by the judge setting forth the reasons for detention Roper V. Simmons (2005) ? Christopher Simmons (17) planned and committed a capital murder of a woman, was tried at 18 as an adult ? Court stated that juveniles still struggle to define their identity means it is less supoortable to conclude that even heinous crime by a juvenile is evidence of irretrievable depraved character ? Importance: Set minimum age for death penalty at 18\ Legislation Concerning Children and Justice ? 1974 ? Juvenile Justice Delinquent Prevention (JJDP) act provided federal grants to states and cities seeking to improve handling and disposition of delinquents and status offenders ? Had to meet 2 conditions in 5 years ? Agree to Sight and sound separation mandate ? juveniles and adults must be separated ? Status offenders had to be deinstitutionalized ? places in community or foster homes ? Several reinstatements and modifications were made as time went on ? AMBER Alert law ? federal funding to Missing children's network, set uniform standards for AMBER Alert usage, and also allowed the federal prosecution of US citizens who travel to engage in child sex tourism The Legal Rights of Juveniles ? Most jurisdictions extend the Miranda rights to juveniles ? Unclear if they can waive them ? One important area is investigation procedures ? Search is reasonable if it is based on a logical suspicion of rule-breaking actions, required to maintain order, disciplie and safety among students, does not exceed scope of original suspicion The Juvenile Justice Process Today: ? Varying defining age for adult jurisdiction ? some 18, 16, or even 17 ? Exclusive jurisdiction applies when juvenile court has the statutory authority ? Juveniles that commite violent crimes or have prior records are likely to be tried in adult court ? Where Juvenile court is not exclusive, jursidiction may be original or concurrent ? Original jurisdiction means an offense must originate with juvenile courts ? Concurrent jurisdiction wexists where courts have equal statutory authority to originate Adult and Juvenile Justice Compared ? All turn on due process guarantees specified by the Bill of Rights ? Juvenile court philosophy brings other differences ? Reduced concern with legal issues of guilt/innocence and emphasis on child's best interests ? Emphasis on treatment rather than punishment ? Privacy/Protection from public scrutiny ? Use of techniques of social science in dispositional decision making ? No long term confinement ? Separte facilities for juveniles The Way the System Works ? Intake, adjudication, disposition, postadjudication review Intake ? May come to attention of police or authorities by arrest of filing of juvenile petition ? a document filed in juvenile court alleging that a juvenile is a delinquent, status offender or dependent and asking the court to assume jurisdiction over the juvenile ? Many Police departments have special juvenile officers ? Real Justice Conferencing (RJC) ? diversionary program ? Even those diverted from the system may spend some time in custody ? Intake: first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause juvenile court to assume jurisdiction ? Detention Hearing ? conducted by a juvenile court judge or officer of the court regarding intake of a juvenile. Can chose diversion or outright dismissal of the charge(s) ? Diverted may be sent to job-training, treatment centers, counseling ? If caring parents are present, may be released into their custody providing they seek treatment ? Preliminary Hearing ? may be held in conjunction with detention hearing. Purpose is to determine if there is probable cause, advise juvenile of his or her rights, may still be offered diversionary options ? Transfer Hearing ? case transfer to adult court if statues apply and whether juvenile is amendable to treatments in juvenile justice system Adjudication ? Adjudicatory hearings: fact finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegation in a petition ? Emphasis on privacy, informality, speed, evidentiary standard, philosophy of court, no jury ? Teen court: alternative approach to juvenile justice in which alleged offenders are judged and or sentenced by a jury of their peers Disposition ? Dispositional hearing: decision Is made on the form of treatment or penalty that should be imposed on the children ? may be a presentence investigation ? Juvenile disposition: decision of juvenile court that a juvenile be commited to a juvenile correctional facility, be placed in a juvenile residence/shelter/care/treatment program, be required to meet certain standards of conduct, or be released ? Most judges chose not to confine juveniles and chose an alternative such as probational ? Secure institutions for juveniles ? Juveniles who demonstrate potential for serious new ofenses may be ordered to rehabilitative programs ? most confined juveniles are held in facilities that look like residential high schools ? Overcrowding in juvenile facilities much like adult facilities Postadjudicatory Review ? Federal court has yet to establish clear right to appeal in juvenile courts The Post-Juvenile Court Era ? Five significant developments that have taken place in the past decade: ? Transfer provisions ? easier to move juvenile offenders from juvenile justice system to criminal justice system ? Sentencing authority ? expanded sentencing options such as blended sentence (the combination of a juvenile disposition followed by a suspended adult sentences) ? Confidentiality Changes ? juvenile records and proceedings more open ? Victims' rights ? increased role of victims ? Correctional Programming ? new programs in adult & juvenile facilities developed to handle juvenile sentenced as adults or as violent juvenile offenders ? Juveniles receiving less distinguished special consideration from the legal system ? Slowly dismantling the jurisdictional border between juvenile and criminal justice.