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CHILD SAVERSChild Savers:
Wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children
Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents
Instrumental in opening the House of Refuge in 1825
Juvenile Offenders required treatment not punishment
JUVENILE COURTThe Illinois Juvenile Court:
Established in 1899
Different from adult court
No juries
Different terminology
No adversarial relationship
Confidentiality
All states have juvenile courts by 1945
JUVENILE DELINQUENCY
Status Offenders – behavior that is illegal
under a specified age
Crimes if committed by adult
Most states the age is 18 (not New York)
COURT CASESIn re Gault
The court held that juveniles are entitled to many of the same due process rights granted to adult offenders
Kent v. U.S.
Due process rights to children in juvenile court
Winship ( 1970 )
Burden of proof – beyond a reasonable doubt
COURT CASESIn re Gault
The court held that juveniles are entitled to many of the same due process rights granted to adult offenders
Breed v. Jones (1975
No double jeopardy
McKeever v. PA
Juveniles don’t have a right to a jury trial
Learning Objective 4Describe the one variable that
always correlates highly with juvenile crime rates
TRENDS - 2010Juveniles account for 13.7% of violent
crimes and 12.6% of criminal activity
9% of murders
11% of aggravated assaults
14% of forcible rapes
20% weapons offenses
23% robberies and 24% property crimes
10% drug offenses
TRENDSDecline in Juvenile Offenders:
Slowing of crack/cocaine
Quality of Life Enforcement
Zero Tolerance
Girls in Juvenile Justice System
More visible
Chivalry effect/ Past – allowed girls to go home
Crime of Assault/ Family Disputes
SCHOOL VIOLENCEMost feel that schools are safe
50 x more likely to be killed away from
school
Decline in non – fatal victimization
Significant increase in school safety
85% of schools control access during the school
day
Bullying and cyberbullying
RISK FACTORSRisk factors for juvenile offending:
Age
Substance abuse
Child abuse and neglect
Gangs
Guns
YOUTH GANGSWhy do youths join gangs:
Status
Protection
Excitement
Fear
Gangs and guns
Gang members 3 x more likely to own a handgun
Access to guns and homicides correlation
Members believe they need it for protection
POLICE AND JUVENILE OFFENDERS
Police exercise low-visibility decision making when working with juveniles.
Factors that impact discretion:Nature of the offensePast criminal historyAttitude of the offenderRole of the parentsRace and gender of offender Setting of offense
PRETRIAL JUVENILE JUSTICE PROCEDURES
The four primary pretrial stages are:
1. Intake – screening process
2. Pretrial diversion ( probation; treatment/aid and/or restitution )
3. Waiver to adult court
4. Detention – until disposition process begins
DUE PROCESS DURING DETENTION HEARING
Due Process
Right to counsel
Right against self incrimination
Right to cross – examine and confront witnesses
Proof beyond a reasonable doubt
ADJUDICATED vs. DETENTION HEARING
A Bifurcated Process:
Adjudication Hearing
The process by which the court determines whether there is sufficient evidence to support the petition.
Essentially a trial
Detention Hearing
The hearing in which the appropriate sanctions for the delinquent or status offender is determined.
Determines the needs of the child
INTAKE PROCEEDINGSPolice Officer decides if offender warrants
Juvenile Court and refer
Case in Juvenile Court begins in intake
Screening Official has several options:
Dismiss the case
Divert the offender to social services
File a petition for a formal court hearing
Transfer the case to adult court