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Juvenile Justice

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  1. Juvenile Justice Kyley Burd October 19, 2013 History over the years

  2. What is a Juvenile? • A juvenile is a young person not yet an adult • 7-18 years of age • can be sentenced to life in prison but not death

  3. Early History • 1899 in Cook County, Illinois • Juvenile corrections,16th century • Europe reform movement • poor children vs. rich children • African Americans, Native Americans, and people who were considered the dangerous class • 1825, the Society for the Prevention of Juvenile Delinquency • 1899, Illinois passed the Juvenile Court Act of 1899 • parenspatriae (a British doctrine that is literally the state as the parent)

  4. Juvenile Court • Juvenile court vs. adult • Due Process was deemed unnecessary • Treatment was supposed to go until the juvenile was said to be “cured” or become an adult which was said to be 21 • 1960’s, the Supreme Court ordered the juvenile courts become more formal • According to the Juvenile Delinquency Prevention and Control act of 1968 stated that children charged with noncriminal offenses will not be handled in the court system but outside of it

  5. Juvenile Justice and Delinquency Prevention Act of 1974 • Amended in the 1980’s • Deinstitutionalization of status offenders and nonoffenders • Separation of juvenile delinquents from adult offenders • Encouraged community-based programs, diversion, and deinstitutionalization • “Sight and sound separation” (no contact with adult offenders) • “Jail and lockup removal”( juveniles can’t be in adult lockups) • “Disproportionate confinement of minority youth”(reduce problems in the State)

  6. Laws Changed between 1992-1997 • Transfer provision- easier to transfer juvenile offenders to criminal court • Sentencing authority- gave criminal and juvenile courts to expand on sentencing options • Confidentiality- made juvenile records and proceedings more available • Victim Rights-increase role of victims in juvenile court • Correctional Programming- developing new programs

  7. Purpose Clause • Juveniles held accountable for actions • Provide effective deterrence • Keep criminal activity out of the public • Balance all attention • Punishment severity = Criminal Act

  8. Factors of Juvenile Crimes • Social • Cultural • Mental • environmental • Legal factors such as attitude, home life, education, and parents

  9. 1997-2010 Incarceration of Juveniles

  10. Court Cases Kent vs. United States • 1966 • Morris Kent, age 16 • Charged with rape and robbery • Confessed, Guilty • Sentenced to 30-90 years in prison • Attorney issued a dismissal • Judge waived it • Counsel should have full access to records • Judge should have provide a written statement for waiver • Due process to transfer in adult court In re Gault • 1967 • Gerald Gault, age 15 • Probation for minor property crimes • Prank telephone call to an adult neighbor • Adult punishment- $50 fine and 2 months in jail • Right to notice and counsel, to question witnesses, and to avoid self-incrimination • Encourage States to give these rights but did not apply it to this case

  11. Court Cases In re Winship • 1970 • Samuel Winship, age 12 • Charged with stealing $112 from a woman’s purse in a store • Seen running from the seen • Witnesses stated employee could not see the incident in the position they were in • Adjudicated delinquent • Reasonable Doubt • Proof beyond a reasonable doubt was ruled to be used in Juvenile Court in delinquency cases • “Save” not “punish” McKeiver vs. Pennsylvania • 1971 • Joseph McKeiver, age 16 • Charged with robbery, larceny, and receiving stolen goods • 20-30 other youths chased 3 other youths and took $.25 from them • Requested a jury trial • Adjudicated and put on probation • Supreme Court ruled jury trials not required for Juvenile Court

  12. Court Cases Breed vs. Jones • 1975 • Gary Jones, age 17 • Charged with armed robbery • Judge waived jurisdiction • Violated double jeopardy • After adjudication, waivers can’t be used Oklahoma Publishing Company vs. District Court in and for Oklahoma City • 1977 • Press can report name and photograph of a youth in Juvenile Court Smith vs. Daily Mail Publishing Company • 1979 • Can’t stop the press from publishing a juvenile’s name • Free Press Schallvs. Martin • 1984 • Gregory Martin, age 14 • Charged with robbery, assault, and possession of a weapon • Stole jacket and sneakers from a boy he hit on the head with a loaded gun while with 2 other youths • Preventive “pretrial” detention of juveniles only allowed on certain issues

  13. Rehabilitation • No violent offender contact = no new trades learned • Seen as good people who just did a bad thing • Different programs to fit individuals • No community, peer, or other abuse • Impulsive behavior in the brain has developed further than decision making • Continue to live life outside prison working on issues

  14. Prison • 37 times more likely to commit crime in/out Juvenile Detention Center • Offenders who are in jail longer don’t try to “one up” juveniles or vice versa • Fear of punishment/deterrence • Social Control • Less money to house inmate • What is a good environment? • Balance • Those people who don’t get a second chance because a juvenile took that away • Punishment fits the crime • No easy way out

  15. Resources • Bilchik, Shay. United States. Department of Justice. 1999 National Report Series. Washington D.C: 1999. Web. <https://www.ncjrs.gov/pdffiles1/ojjdp/178995.pdf>. • Information for this Bulletin was taken from chapter 4 • of Juvenile Offenders and Victims: 1999 National • Report. For a full listing of sources for this chapter, • see page 109 of the National Report.