Law, Justice, and Society: A Sociolegal Introduction

1. Law, Justice, and Society:A Sociolegal Introduction Chapter 8 Juvenile Justice

2. Juvenile Justice What Is Juvenile Delinquency? • Civil law • Delinquents versus status offenders • Delinquents—“to leave undone” • reflects rehabilitative nature

3. Juvenile Justice The Extent of Delinquency • Juveniles commit a disproportionate percentage of the FBI’s UCR Part 1 index crimes • Youths under 18 account for 13 percent of arrests for violent crime • Youths under 18 are only about 6 percent of the American population • Individuals who do not engage in some form of antisocial behavior are statistically abnormal

4. Juvenile Justice The Extent of Delinquency

5. Juvenile Justice Developmental Factors and Juvenile Delinquency • New York Academy of Sciences, four key messages in 2003: • 1. Much of the behavior characterizing adolescence is rooted in biology intermingling with environmental influences to cause teens to conflict with their parents, take more risks, and experience wide swings in emotion. • 2. The lack of synchrony between a physically mature body and a still maturing nervous system may explain these behaviors. • 3. Adolescents' sensitivities to rewards appear to be different than in adults, prompting them to seek higher levels of novelty and stimulation to achieve the same feeling of pleasure. • 4. With the right dose of guidance and understanding, adolescence can be a relatively smooth transition.

6. Juvenile Justice Biological Factors • Puberty is followed by a 10-to-20-fold rise in testosterone • Testosterone linked to aggression • Adolescent brain is immature and this is reflected in common behavior

7. Juvenile Justice Developmental Factors and Juvenile Delinquency • Almost all juveniles commit antisocial acts (esp. males) • Only a small percent (about 15 percent) continuing committing crimes • Adolescent limited versus life-course persistents • Across history and culture, juvenile delinquency widespread • Individuals (especially males) who do not engage in some form of antisocial behavior are statistically abnormal (Moffitt and Walsh 2003)

8. Juvenile Justice History and Philosophy of Juvenile Justice • Branch of civil law • Young children considered to be property • The idea of not assigning culpability to young children is relatively new • common law, age 7

9. Juvenile Justice History and Philosophy of Juvenile Justice • Early Rome, Children considered property of father • patria potestas • Fourth-century Rome, Father’s power was limited • paterna pietas • Middle Ages, • children under 7 were not responsible • special status for children 7-14 • 14 cut-off age for adulthood (marry-able)

10. Juvenile Justice Institutional Control • Thirteenth century, courts adopted parens patriae • Gave king the right to intercede and act in the best interest of the child • State and not parents had authority over children • binding out • vagrancy and laziness laws • brideswells

11. Juvenile Justice Childhood in the United States • British youth were sent to the colonies as indentured students • Juveniles arrested were placed in jails with adults • Society for the Prevention of Pauperism • primary causes of criminal behavior were economic • give children food, shelter, and vocational training • New York House of Refuge in 1825

12. Juvenile Justice Childhood in the United States • Children sent to this facility remained until determined to be rehabilitated • Ex Parte Crouse (1838) • parental rights are superseded by the best interest of the child doctrine • Purpose of House of Refuge was to train and care for children; but acted like Brideswells

13. Juvenile Justice The Child Savers • Middle class discontent with government corruption and inefficiency • Progressives sought for professionalization of public service • Child Savers began ‘ideological attack’ on the houses of refuge • Believed that juveniles could be molded into better citizens

14. Juvenile Justice The Child Savers (cont.) • Placed children in arms in the western US • Motives may have been less than altruistic • Many believed the poor to be innately criminal, poverty sign of personal defects

15. Juvenile Justice The Beginning of the Juvenile Courts • 1899 Cook County, IL • Every state had one by 1945 • Used civil law, preponderance of the evidence • Judges given wide latitude • Different terms (euphemisms?) than the adult system

16. Juvenile Justice Terminology • Arrested = taken into custody • Indictment/information = petitions the corut • Defendant = respondent • Arraigned = hearing • Plead = admits or denies • Jury trial = adjudicatory hearing • Guilty = adjudicates respondent delinquent

17. Juvenile Justice Terminology (cont.) • Presentence investigation report = predispositional or social inquiry report • Incarcerated = detained • Prison = training school • Paroled = aftercare

18. Juvenile Justice Juvenile Waiver to Criminal Court • Waiver to adult criminal court • Lose status as minors; are legally culpable for alleged crime • Age criterion varies from state to state • Always an option, but only regularly used in the late 1970s • About 1.5 percent of juvenile cases are waived

19. Juvenile Justice Juvenile Waiver to Criminal Court • Judicial waiver • Prosecutorial discretion/direct file • Statutory exclusion/legislative waiver • Presumed social benefits have not materialized • Does not guarantee more punitive disposition

20. Juvenile Justice Extending Due Process to Juveniles • Haley v. Ohio 1948 • Fourteenth Amendment prohibits police from violating due process clause in obtaining confessions from juveniles • illegal confessions are inadmissible in court • Kent v. United States 1966 • waiver decision is a critically important stage • juveniles have constitutional rights

21. Juvenile Justice Extending Due Process to Juveniles (cont.) • In Re Gault 1967 • established five basic due process rights for adjudication hearings • 1. Proper notification of charges • 2. Legal counsel • 3. Confront witnesses • 4. Privilege against self-incrimination • 5. Appellate review

22. Juvenile Justice Extending Due Process to Juveniles (cont.) • In Re Winship 1970 • beyond a reasonable doubt standard necessary when incarceration is a possibility • McKeiver v. Pennsylvania 1971 • juveniles do not have the right to a jury trial • Breed v. Jones 1975 • double jeopardy applies between juvenile and adult courts

23. Juvenile Justice Extending Due Process to Juveniles (cont.) • Schall v. Martin 1977 • preventative detention is constitutional • How do these cases both reflect and refute the doctrine of parens patriae?

24. Juvenile Justice The Juvenile Death Penalty • 1973-2003, 22 juvenile offenders executed in United States • 13 of those in Texas • Four USSC cases

25. Juvenile Justice The Juvenile Death Penalty (cont.) • Eddings v. Oklahoma 1982 • court must consider all mitigating factors • Thompson v. Oklahoma 1988 • age of 16 • Stanford v. Kentucky 1989 • constitutionally permissible to execute juveniles who committed their crime when they were 16, or 17.

26. Juvenile Justice The Juvenile Death Penalty (cont.) • Roper v. Simmons 2005 • age of 18 is the new age line • Eighth Amendment—cruel and unusual punishment • this case brought amicus curiae(“friend of the court”)briefs to argue one way or the other

27. Juvenile Justice Eroding Distinctions Between Adult and Juvenile • Preceding cases created procedures which mirrored adult courts • Megan’s Law and juvenile sex offenders

28. Juvenile Justice Restorative Justice • What is restorative justice? • Compromise between hard punishment and soft rehabilitation • Holds offender accountable while healing the harm done to the victim and the community • Often involves face to face contact between victim and criminal

29. Juvenile Justice Restorative Justice (cont.) • Balanced Approach - focuses on three equally important components for sanctioning of juveniles • 1. Hold juveniles accountable • 2. Protect the community • 3. Competency development programs • VORPS • very successful (97 percent satisfaction among victims)