Juvenile justice chapter 9
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Juvenile Justice Chapter 9. The Juvenile Court and Alternatives at Intake. Juvenile Court. Has jurisdiction over minors Basically a Civil System Underlying philosophy is Parens Patriae Offers juveniles individualized treatment rather than punishment. Juvenile Court. Purpose Statements

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Juvenile justice chapter 9

Juvenile Justice Chapter 9

The Juvenile Court and Alternatives at Intake

Juvenile court
Juvenile Court

  • Has jurisdiction over minors

  • Basically a Civil System

  • Underlying philosophy is Parens Patriae

  • Offers juveniles individualized treatment rather than punishment

Juvenile court1
Juvenile Court

  • Purpose Statements

    • Balanced and Restorative justice

      • Advocates that juvenile courts give balanced attention to Public Safety, individual accountability to victims and the community, development in offenders of the skills necessary to live a low-abiding and productive life.

    • Stand Juvenile Court Act Clauses (1925)

      • Care, guidance and control that will be conducive to his welfare and the best interest of the state

Juvenile court2
Juvenile Court

  • Purpose Statements (continued)

  • Legislative Clauses

    • To provide for the care, protection and wholesome mental and physical development of children

    • To remove children committing delinquent the consequences of criminal behavior and toi substitute a program of supervision, care and rehabilitation

    • To remove a child from the home “only when necessary for his welfare or in the interests of society

Juvenile court3
Juvenile Court

  • Purpose Statements (continued)

  • Clauses emphasizing punishment, deterrence, accountability and/or public safety

    • Stresses community protection, offender accountability, crime reduction through deterrence or punishment

  • Clauses with Traditional Child Welfare Emphasis

    • Treat not as criminals, but as children needing aid, encouragement or guidance

  • Justice Model vs the Welfare model

    • Paren Patriae “best interest of the child”

    • Justice model: youth held accountable and punished

Juvenile court jurisdiction
Juvenile Court Jurisdiction

  • Types of cases heard in JC

    • Those who are neglected, ldependant or abused due to guardians

    • Those who are incorrigible, ungovernable or staus offenders

    • Those who violate laws, ordinances and codes classified as penal or criminal

  • Criticisms of JC

    • “One-pot” jurisdictional approach

Juvenile court jurisdiction1
Juvenile Court Jurisdiction

  • Determined by offenders age and conduct

  • See page 297

  • No specific age for Hawaii (discretion by court

  • Youths who violate Federal laws are considered delinquent and subject to JC

  • Other Cases

    • Adoptions, paternity and guadianship

    • State is the “higher parent” of all children within its borders

    • Wardship: abused or neglected or committed a status or criminal act

Juvenile court jurisdiction2
Juvenile Court Jurisdiction

  • Excluded from juvenile court

    • Concurrent jurisdiction

      • JC and CC UCR Part I offenses

      • Venue: usually takes place where the youth lives

  • Types of Juvenile Court (3 types)

    • Independent and separate

      • Other judges preside over courts (CT, UT, RI)

      • Part of Family Court

      • Trial Court

      • M

      • o

Juvenile court characteristics
Juvenile Court Characteristics

  • Separate hearings for children’s cases

  • Informal

  • Regular probation

  • Separate detention

  • Special court and probation records

  • Provisions for mental & physical examinations

  • Acts on behalf of neglected and abused children

  • May be criminal or non-criminal

Juvenile court characteristics1
Juvenile Court Characteristics

  • Coercive intervention:

    • Out of home placement, detainment or mandated therapy or counseling

    • Therapeutic Intervention: recommends treatment

      • Child exhibiting violent behavior or sexually abused

      • Treatment for children is long-term

      • Corporal punishment doesn't work

      • Early intervention

Juvenile court overview
Juvenile Court Overview

  • Juveniles typically enter JC through contact with police

  • Delinquent can be detained

    • Licensed foster home

    • Facility operated by CWS

    • Detention Home under direction of JC or public authority

    • Other facility designated by JC

  • Intake

    • Conducted by intake officer who can:

      • Make recommendations to JC

      • Release with lecture

      • Recommend Prosecution

      • Recommend dismissal, transfer to adult court, diversion or referral for adjudication