Introduction to Criminal Justice Juvenile Justice Chapter Thirteen Bohm and Haley
Parens Patriae The legal philosophy justifying state intervention in the lives of children when their parents are unable or unwilling to protect them. (Ex parte Crouse – 1838)
Juvenile Court Act of 1899 established the first juvenile court in Chicago, IL. By 1925 all but two states had juvenile courts. The primary interest of these informal courts was to “serve the best interests of children.” Major Issues Little concern for due process Informal procedures A special judge exercises wide discretion, ranging from giving a warning to placing children in institutions. Juvenile Courts
In re Gault (1967) A Supreme Court case which gave a number of due processprotections to juveniles: The right against self-incrimination A right to adequate notice of charges against them. A right to confront and to cross-examine their accusers. The right to assistance of counsel. The right to sworn testimony and appeal. Legal Reform and Due Process
In re Winship (1970) A Supreme Court case which held that charges must be proven beyond a reasonable doubt where there is a possibility that a youth could be confined in a locked facility. Legal Reform and Due Process
Legal Reform and Due Process The Court’s rulings in Gault and Winship not only increased procedural formality in juvenile court cases but also shifted the traditional focus from the “whole child” to the child’s act. In other words, in the 1960’s and 1970’s a legal reform process developed in juvenile court cases that favored offense-basedsentencing and a punitive orientation.
Mckeiver v. Pennsylvania (1971) A Supreme Court case which held that juveniles were not entitled to a trial by jury, a decision aimed at maintaining the mission of the juvenile court as treatment. Legal Reform and Due Process
The Juvenile Process The police are the formal gatekeepers to the formal juvenile justice process. (Approximately 84% of delinquency cases were referred to juvenile courts by police in 2000). Status Offenses Acts that are not crimes when committed by adults but are illegal for children (truancy, running away from home, tobacco and liquor laws, and ungovernability).
The Police Response to Juveniles Typical responses that police officers employ in handling juvenile cases are: • Warn and release, or, • Take into custody and possibly detain and transport to a juvenile facility or adult facility, or, • Refer to parents, or, • Refer to a diversionary program operated by the police or another community agency, or, • Refer to court.
The Juvenile Court Process Adjudication The juvenile court equivalent ofa trial in criminal court or the process of rendering a judicial decision regarding the truth of the facts alleged in a petition. Petition A legal form of the police complaint that specifies the charges to be heard at the adjudication.
The Juvenile Court Process Diversion The goal of juvenile diversion programs is to respond to youths in ways that avoid formal juvenile processing. (Diversion usually occurs before adjudication)
The Juvenile Court Process Transfer, Waiver, or Certification to Criminal Court The act or process by which juveniles who meet specific age, offense, and (in some jurisdictions) prior-record criteria are transferred to criminal court for trial.
The Juvenile Court Process The judicial transfer (waiver or certification) process varies from state to state, but typically prosecutors must show: • Probable cause. • The youth presents a threat to the community. • Existing juvenile treatment programs would not be appropriate. • Programs within the adult system would be more appropriate.
The Juvenile Court Process Disposition Disposition is the juvenile court equivalent of sentencing in criminal court. An order of the court specifying what is to be done with a juvenile who has been adjudicated delinquent. A disposition hearing is similar to a sentencing hearing in a criminal court.
The Juvenile Court Process Some of the disposition options available are: • Probation (The most frequent correctional response for youths). • Placement in a diversion program. • Restitution. • Community service. • Detention. • Placement in foster care. • Placement in long-term or short-term residential treatment programs. • Placement with a relative.
Recent Trends in Juvenile Incarceration Recent trends in juvenile incarceration are: • Its increased use (approximately 104,000 held in residential placement in 2001; 95% for delinquency offenses, 5% status offenses). • The use of both public and private facilities. • The disproportionately large percentage of males and racialor ethnic minorities that are incarcerated (85% male, 60% minority). • The increasing number of juveniles being incarcerated in local adult jails and state prisons (7,083 juveniles held in adult jails in 2004 and 2,477 juveniles held in adult prisons in 2004).