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Juvenile and the Law

Juvenile and the Law. The Adolescent Dilemma. Adolescent stress Ages 16-18 youth experience life crisis labeled as the struggle between Ego Identity and Role Diffusion Youth in Crisis Problems at home, school and neighborhood place children At Risk 12 million children live in poverty

iphigenie-kadin
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Juvenile and the Law

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  1. Juvenile and the Law

  2. The Adolescent Dilemma • Adolescent stress • Ages 16-18 youth experience life crisis labeled as the struggle between Ego Identity and Role Diffusion • Youth in Crisis • Problems at home, school and neighborhood place children At Risk • 12 million children live in poverty • Many suffer chronic health problems and receive inadequate health care • Approximately 70% of children under 18 live with two parents • Are there reasons for hope? • Teenage birthrates nationwide have declined in last decade • Fewer children with health risks are being born than in 1990

  3. The Study of Juvenile Delinquency • Juvenile Delinquency-criminal behavior committed by minors (under 17 yoa in SC) • Chronic Delinquent Offenders-youth involved in multiple serious acts • Aging Out-most youth law violators do not go on to become adult criminals • Juvenile Justice System-involves law enforcement, court, and correctional agencies designed to treat youthful offenders

  4. The Development of childhood • Childhood in the middles ages • What we know today did not exist • Paternalistic family- father was final authority on all family matters • For peasant children passage into adulthood was rough • Children of nobility assumed adult roles at early age • Primogeniture- required oldest surviving male inherit family land and titles • Dower system- mandated woman's family to bestow money, land or other wealth on potential husband or his family in exchange for marriage

  5. Development of Concern for Children • 17th and 18th Century heralded developments in England towards recognition of children's right • Boarding and grammar schools established • Poor Laws created government action to care for needy children • Apprenticeship of children developed (children trained in various duties) • Chancery courts system became a significant arm of British legal system • Parens Patriae suggested the king assumed role of father-giving the state authority to act on behalf of the children and provide child care and protection

  6. Childhood in America • In 19th Century, apprenticeship gave way to factory system • Factory Act of early 19t century limited hours children were permitted to work and minimum age of workers. Also provided minimum amount of schooling to be provided by factory owners • Child protection laws passed as early as 1639 • “Stubborn child” laws passed in the colonies • The state could act in the best interests of the child

  7. The Concept of Delinquency • In mid 19th century, groups known as child savers were being formed to assist children in need • Juvenile justice operated under the Parens Patriae philosophy-giving the state authority to act in the best interest if the child

  8. The Legal Status of Delinquency • Early English jurisprudence held children under the age of 7 legally incapable of committing crime • Children between ages of 7 and 14 were responsible for their actions, but their age might be used as an excuse or to lighten their punishment • Today, legal status of “juvenile delinquent” refers to minor child who has violated penal code

  9. Legal Responsibility of Youth • Juvenile delinquency concept falls between criminal and civil • Delinquent behavior sanctioned less heavily than criminal because law considers juveniles less responsible for the behavior than adults • Exceptions- waiver transfers legal jurisdiction of most serious case of juvenile offenders to adult for criminal prosecution court

  10. Status Offenders • Status offenses- acts that would not be considered illegal if committed by an adult • History of status offenses • 1646 the Massachusetts Stubborn Child Law was enacted (juveniles referred to as wayward minors) • What is the difference between delinquents, adults criminals, and status offenders • The status of juvenile defenders in the Juvenile justice system • Office of Juvenile Justice and Delinquency Prevention (OJJDP) created to identify needs of youth and fund policy initiatives in Juvenile Justice system

  11. Reforming Status Offense Laws • Since 1990 commissions have called for the reformation of status offense laws • Some states and municipalities have enacted curfew laws • 2/3 of US cities have passed curfew laws • Greenville City Council is considering an ordinance this week 8/21-08 • As a general rule courts have upheld curfew laws

  12. Parental Responsibility • Colorado the first state to pass parental responsibility laws in 1903 • New Hampshire is the only state not to enact parental responsibility laws • Increasing social control • Many states have enacted laws that expand social control over juveniles • Po0licy and Practice: Increasing social control over juveniles and their parents

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