Juvenile Justice

1. Juvenile Justice

2. History • The first juvenile court was created in 1899 in Cook County, IL • It was founded on the idea that juvenile offenders don’t just need punishment – they also need protection and rehabilitation. • Sometimes parents cannot (or will not) take care or control of their children, so the government must step in and take over • Parenspatriae: • Literally means “parent of the country” in Latin • It is interpreted to mean that the court can assume the role of a parent in teaching the child • Juvenile courts were designed to be informal • Moralistic approach • Teach them community values

3. History • Before 1967, juveniles did not have the same Due Process rights that adults did. • Due Process rights are spelled out by the Constitution • In re Gault: In 1967, the Supreme Court decided In re Gaultand held that juveniles deserve the same rights to Due Process, including: • The right to notification of the charges against them • The right to an attorney • The right to confront and cross-examine witnesses • The right to remain silent

4. Procedures of juvenile court (Green stands for the term that would be used in adult court) Commits offense (crime)  Taken into custody (arrested)  Intake: Interview to consider the seriousness of the offense  Initial or Detention hearing: State proves that an offense was committed and that there is reasonable cause to believe that the accused committed it

5. Procedures of juvenile court Adjudicatory hearing (trial): Fact-finding hearing to determine the facts of the case. Closed to the public (unlike adult trials)  Dispositional hearing: Judge decides what sentence, or disposition, the offender should receive. The sentence is based on the predisposition report, which is a result of an investigation of the juvenile’s background

6. Procedures of juvenile court  Probation OR Juvenile institution (jail)

7. Probation • Probation is the most common disposition • On probation, a juvenile must follow a set of conditions and meet regularly with a probation officer to make sure they are meeting their conditions. • The juvenile may be ordered to: • Attend school regularly • Hold a steady job • Attend counseling sessions • Take weekly drug tests • Be home by 8:00 pm • Stay away from certain people

8. Types of juvenile cases • Delinquent offenders: Youths who have committed acts that would be considered crimes if committed by adults under federal, state, and local law. • For example, the 12-year-old in In re Winshipstole $112 from a woman, which would be considered larceny had he been an adult.

9. Types of juvenile cases: Status offenders • Status offenders: Youth who have committed acts that would not be crimes if committed by adults • For example: • Running away from home • Skipping school • Violating curfew • Refusing to obey parents • Underage consumption of alcohol

10. Status offenders continued • Status offenders may be emotionally troubled, consistently disobedient, or have alcohol and drug problems. • Other offenders may be trying to escape abusive or difficult home situations. • However, a single act of unruly behavior is not enough to say that a juvenile is in need of court supervision. • Most states require proof that the young person is “out of control” • Status offenders make up 20% of all juvenile arrests

11. Types of juvenile cases • Neglected or abused children: These children need the court’s protection from a parent or guardian. • Case of neglect: Parent/guardian is charged with failing to provide adequate food, clothing, shelter, education, or medical care • Case of abuse: Child has been sexually, physically, or emotionally abused • In either case, the court has to decide if the child should stay with the family, with other relatives, or in foster care.

12. Transferring juveniles to adult court • Juvenile court jurisdiction extends through age 17 • Juvenile waiver: Allows juvenile court judges to “waive” juveniles to adult court for prosecution (after a hearing) • Statutory exclusion: This is an automatic transfer. A state law requires certain offenses committed by juveniles to be prosecuted in adult court • Direct File: Gives prosecutors discretion to file charges against juveniles in adult criminal court

13. Should juveniles be tried as adults? • Young offenders who are convicted in the adult criminal system almost always face harsher sentences • They are in jail with adult criminals • They don’t always receive rehabilitation programs like they would in juvenile correctional facilities • Their criminal records are permanent and public • Juvenile records, though, are usually sealed from the public

14. Should juveniles be tried as adults? • In 2005, the Supreme Court ruled that states may not impose the death penalty on offenders who were under the age of 18 when they committed their crimes • In 2010, they ruled that juveniles who commit crimes in which no one was killed may not be sentenced to life in prison without the chance of parole • They thought that would be “cruel and unusual punishment,” which is prohibited by the Eighth Amendment of the Constitution

15. Illinois law • In Illinois, someone as young as 13 can be sent to the adult court if he/she is accused of murder, armed robbery, unlawful use of weapons on school grounds, and other serious offenses (see handout) • In Mexico and most Latin American countries, juveniles can never be sent to the adult criminal system

16. Arguments FOR punishing young offenders as adults • Retribution: Offenders should be punished in proportion to the offense they committed • Violent offenders deserve the most punishment possible under the law • This gives the victims (or family of the victims) a sense of justice • “They got what they deserved”

17. Arguments FOR punishing young offenders as adults • Deterrence: Youth who know they could be sent to an adult prison may be deterred (or discouraged) from committing those crimes • It is sometimes believed that gang members and drug lords recruit young people to commit crimes for them, knowing that they will receive less serious punishments • Therefore, adult-level punishment would deter this from happening

18. Arguments FOR punishing young offenders as adults • Keeping society safe • Violent people should be behind bars so they cannot commit more crimes • If they are in the juvenile system, they are free once they become adults

19. Example: El Ponchis • Mexican authorities recently arrested “El Ponchis,” a 14-year-old who is accused of beheading 4 people and pushing their bodies off a bridge. • Why did he commit such a heinous crime? • His father says he was told to do so by older members of a drug cartel • Under Mexican law, he would be tried in the juvenile system and would serve a maximum of only 3 years in juvenile detention

20. Arguments AGAINST punishing young offenders as adults • Young delinquents become worse criminals when they are exposed to adult prisoners • Research shows that youth punished in the adults are TWICE as likely to re-offend • Therefore, punishing youth as adults does not reduce crime

21. Arguments AGAINST punishing young offenders as adults • Most juvenile facilities provide better education programs than adult prisons • Is this true? • http://video.pbs.org/video/2328669166/

22. Arguments AGAINST punishing young offenders as adults • Brain development: Scientists have generated new evidence about human brain development • Brains do not fully mature until the age of about 25 • The parts of the brain that control anger and allow people to anticipate consequences are particularly slow to develop • Therefore, adolescents are not fully capable of controlling their impulses or actions

23. Arguments AGAINST punishing young offenders as adults • Young people are not considered adults until they are 18 in all other aspects • Voting • Military • Taking out loans

24. What do you think?