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Juvenile Justice Chapter 9

Juvenile Justice Chapter 9

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Juvenile Justice Chapter 9

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  1. Juvenile Justice Chapter 9 The Juvenile Court and Alternatives at Intake

  2. Juvenile Court • Has jurisdiction over minors • Basically a Civil System • Underlying philosophy is Parens Patriae • Offers juveniles individualized treatment rather than punishment

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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