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Criminal Justice TodayCriminal Justice Today
CHAPTER
Criminal Justice Today, 13th EditionFrank Schmalleger
Copyright © 2015, © 2013 by Pearson Education, Inc.
All Rights Reserved
BOOK COVER
Juvenile Justice
15
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
Juvenile Justice SystemJuvenile Justice System
• The aggregate of the government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court
Criminal Justice Today, 13th editionFrank Schmalleger
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Juvenile Justice SystemJuvenile Justice System
• Delinquency Juvenile conduct or actions in violation of
criminal law Juvenile status offenses Other juvenile misbehavior
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
History of Juvenile JusticeHistory of Juvenile Justice
• 1800s Conduct was a product of parental
control Parens patriae No distinction between criminal
behavior and delinquency The Enlightenment emphasized human
potential and concern for children's well-being
Criminal Justice Today, 13th editionFrank Schmalleger
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History of Juvenile JusticeHistory of Juvenile Justice
• The Juvenile Court Era, 1870 Massachusetts was the first state to
enact laws requiring separate hearings for juveniles
The Illinois Juvenile Court Act of 1899 became the model for juvenile court statutes• “Delinquent” instead of “Criminal”• Reformation over RetributionJohnson, Introduction to the Juvenile Justice System, p. 3.13 Fox, “Juvenile Justice Reform,” p. 47.
Criminal Justice Today, 13th editionFrank Schmalleger
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History of Juvenile JusticeHistory of Juvenile Justice
• 1938: The federal government passed the Juvenile Court Act
• 1945: All states had enacted special legislation focusing on the handling of juveniles
Fox, “Juvenile Justice Reform,” p. 5.
Criminal Justice Today, 13th editionFrank Schmalleger
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Philosophical PrinciplesPhilosophical Principles
• The state is the “ultimate parent”• Children are worth saving with nonpunitive
procedures• Children should be nurtured and protected
from being stigmatized• Justice and reformation need to be
individualized• Noncriminal procedures are necessary in
order to help the childPrinciples adapted from Robert G. Caldwell, “The Juvenile Court: Its Development and Some Major Problems,” in Rose
Giallombardo, ed., Juvenile Delinquency: A Book of Readings (New York: John Wiley, 1966), p. 358.
Criminal Justice Today, 13th editionFrank Schmalleger
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Categories of ChildrenCategories of Children
• Delinquent child A child who violates criminal laws
• Undisciplined child A child who is beyond parental control
and refuses to obey any type of authority
• Dependent child A child who has no parents or guardians
to care for him or her
Criminal Justice Today, 13th editionFrank Schmalleger
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Categories of ChildrenCategories of Children
• Neglected child A child who does not receive proper care
from his or her parent(s) or guardian
• Abused child A child who suffers physical, emotional, or
sexual abuse from a parent or guardian
• Status offender A child who violates laws written for
children (truancy, running away, vagrancy)
Criminal Justice Today, 13th editionFrank Schmalleger
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Institutions and Issues Related to Institutions and Issues Related to Juvenile DelinquencyJuvenile Delinquency
• Schools• Poverty• Family• Neighborhoods
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OJJDP OverviewOJJDP Overview
• About one million juveniles are arrested annually
• Rates of violent crime by juveniles are decreasing
• Younger juveniles comprise a large portion of arrests and court caseload
• Relative to male rates, female rates have grown substantially
H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), http://ojjdp.ncjrs.org/ojstatbb/ezaucr (accessed November 11, 2012).
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
OJJDP OverviewOJJDP Overview
• Greater percentages of females than males are in placement for status offenses and assaults
• Both sexes usually have problems at home and school that put them at risk
• Minority juveniles are greatly overrepresented in custody
• Crowding is a serious problem in juvenile facilities
H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), http://ojjdp.ncjrs.org/ojstatbb/ezaucr (accessed November 11, 2012).
Criminal Justice Today, 13th editionFrank Schmalleger
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The Legal EnvironmentThe Legal Environment
• Throughout the first half of the twentieth century, the U.S. Supreme Court followed a hands-off approach to juvenile justice, much like its early approach to prisons
• After many landmark cases starting in the late 1960s, juveniles are now guaranteed many of the same procedural rights as adults
Criminal Justice Today, 13th editionFrank Schmalleger
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Supreme Court Cases Related to Supreme Court Cases Related to Juvenile JusticeJuvenile Justice
• Kent v. United States (1966) • In re Gault (1967) • In re Winship (1970)• McKeiver v. Pennsylvania (1971)• Schall v. Martin (1984)• Roper v. Simmons (2005) • Graham v. Florida (2010)
Criminal Justice Today, 13th editionFrank Schmalleger
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Court JurisdictionCourt Jurisdiction
• Exclusive jurisdiction When the juvenile court is the only court
that has statutory authority to deal with children for specified infractions
• Original jurisdiction An offense must originate with juvenile
court authorities
• Concurrent jurisdiction Other courts have equal statutory authority
to originate proceedingsNational Center for Juvenile Justice, “State Juvenile Justice Profiles,” http://www.ncjj.org/stateprofiles (accessed August 10,
2011).
Criminal Justice Today, 13th editionFrank Schmalleger
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Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
Adult and Juvenile Justice System Adult and Juvenile Justice System TerminologyTerminology
Procedure Juvenile Adult
Act Delinquency Crime
Apprehension Custody Petition Arrest Indictment
Preadjudication DetentionAgree to Finding
Deny Petition
JailPlead Guilty
Plead not Guilty
Adjudication Adjudicatory Hearing
AdjudicatedDelinquent
TrialConvictedCriminal
Corrections DispositionCommitment
SentenceIncarceration
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Juvenile Justice System PhilosophyJuvenile Justice System Philosophy
• Reduced concern with legal issues of guilt or innocence
• Emphasis on the child’s best interests• Privacy and protection from public scrutiny
Sealed records• Use of social science in dispositional
decisions rather than sentencing by a perceived need for punishment
• Separate facilities for juvenilesAdapted from Peter Greenwood, Juvenile Offenders, National Institute of Justice Crime File Series Study Guide (Washington, DC: NIJ,
n.d.).
Criminal Justice Today, 13th editionFrank Schmalleger
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Delinquency CasesDelinquency Cases
• Intake Detention hearing Preliminary hearing Transfer hearings
• Adjudication hearing• Disposition hearing
Juvenile disposition
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The Processing of Youthful The Processing of Youthful OffendersOffenders
• Different from that of the adult system Juveniles who commit violent crimes
more accountable for their actions
• Blended sentence A juvenile court disposition that imposes
both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent
See Cheryl Andrews and Lynn Marble, “Changes to OJJDP’s Juvenile Accountability Program,” Juvenile Justice Bulletin
Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2003). Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and Victims: 2006 National Report (Washington, DC: Office of
Juvenile Justice and Delinquency Prevention, 2006).
Criminal Justice Today, 13th editionFrank Schmalleger
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Characteristics of Juveniles in Characteristics of Juveniles in ConfinementConfinement
• 87.8% male• 41.1% black, 34.8% white, 21.1%
Hispanic• 4% in confinement for status offenses• 61% in residential facilities for serious
personal or property offense• 1.3% charged with homicide
M. Sickmund, T. J. Sladky, W. Kang, and C. Puzzanchera, “Easy Access to the Census of Juveniles in Residential Placement,” 2011, http://www.ojjdp.gov/ojstatbb/ezacjrp/
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
Significant Developments 1990-Significant Developments 1990-20052005
• Transfer provisions• Sentencing authority• Confidentiality changes• Victims’ rights• Correctional programming
Snyder and Sickmund, Juvenile Offenders and Victims: 2006 National Report, pp. 96–97.
Criminal Justice Today, 13th editionFrank Schmalleger
Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved
Bullying in SchoolsBullying in Schools
• Preventing school violence has become an important goal
• New laws are being created to protect students and require school administrators, teachers, and staff to document and report incidents to the proper authorities
• Bullying is “sufficiently severe, persistent or pervasive that it creates a hostile environment” that “deprives a student of substantial educational opportunities”
“Schools, Parents Try to Keep Pace with Cyber-bullying Tactics,” Baltimore Sun, April 22 2012, http://articles.baltimoresun.com/2012-04-22/news/bs-md-ho-cyberreader-20120422_1_cyber-bullying-anti-bullying-laws-rutgers-university-freshman; “Analysis of State Bullying Laws and Policies,” U.S. Department of Education, December 2011, http://www2.ed.gov/rschstat/eval/bullying/state-bullying-laws/state-bullying-laws.pdf; and “Law Firmer against Bullies,” Atlanta Journal-Constitution, N ovember 20, 2010, http://www.ajc.com/news/atlanta/law-firmer-against-bullies-748057.html.