JuvenileJuvenile JusticeJustice

Categories in Juvenile Categories in Juvenile JusticeJustice

• Delinquent children (Calif. W & I 602) Delinquent children (Calif. W & I 602) – Violate criminal lawViolate criminal law

• Undisciplined children (“Out of Control”) Undisciplined children (“Out of Control”) – Beyond control of parents. Beyond control of parents.

• Dependent childrenDependent children– Have no guardiansHave no guardians

• Neglected childrenNeglected children– Do not receive proper care Do not receive proper care (malnutrition)(malnutrition)

• Abused childrenAbused children– Suffered physical abuse (also includes emotional and Suffered physical abuse (also includes emotional and

sexual)sexual)• Status offenders (Calif. W & I 601) Status offenders (Calif. W & I 601)

– Children that violate laws specifically written for Children that violate laws specifically written for children (truancy, buying cigarettes)children (truancy, buying cigarettes)

Problems Today for Problems Today for JuvenilesJuveniles

• What are some of the problems juveniles face What are some of the problems juveniles face today?today?

• Drugs and AlcoholDrugs and Alcohol– What is the most widely used drug among H.S. What is the most widely used drug among H.S.

students?students?– Marijuana Marijuana

• ViolenceViolence• GangsGangs

– 50% of gang members are between 18-2450% of gang members are between 18-24• RunawaysRunaways

– Only about 20% have contact with police or social servicesOnly about 20% have contact with police or social services• Sexual AbuseSexual Abuse• OtherOther

– Physical, emotional, neglect, medical neglectPhysical, emotional, neglect, medical neglect

LegalLegal• Kent v.Kent v. U.S. U.S. (1966) (1966)

– Need for minimal due Need for minimal due processprocess

• In re GaultIn re Gault (1967) (1967)– Gave juveniles Gave juveniles many many of of

the rights that adults the rights that adults havehave

– Notice of chargesNotice of charges– Right to counselRight to counsel– Right to confront and Right to confront and

cross examinecross examine– Protection from self-Protection from self-

incriminationincrimination• In re WinshipIn re Winship (1970) (1970)

– Delinquency must be Delinquency must be proved “beyond a proved “beyond a reasonable doubt”reasonable doubt”

• McKeiver v. McKeiver v. PennsylvaniaPennsylvania (1971) (1971)– Maintained existing Maintained existing

practice of no trial by jury, practice of no trial by jury, but does not prohibit itbut does not prohibit it

• Breed v. JonesBreed v. Jones (1975) (1975)– Restricted conditions Restricted conditions

for transfers from for transfers from juvenile to adult courtsjuvenile to adult courts

– Must be made before Must be made before adjudicationadjudication

• Schall v. MartinSchall v. Martin (1984) (1984)– Upheld preventive Upheld preventive

detention (non punitive)detention (non punitive)– Must haveMust have

• Prior noticePrior notice• Detention hearingDetention hearing• Statement from judge Statement from judge

stating reasonsstating reasons• Illinois v. Montanez Illinois v. Montanez

(1996)(1996)– Let stand a ruling that Let stand a ruling that

made voluntary made voluntary confessions inadmissible confessions inadmissible if made without the if made without the presence of a “concerned presence of a “concerned adult”adult”

Juvenile Court Juvenile Court PhilosophyPhilosophy• Emphasis on Emphasis on child’s best interestchild’s best interest rather

than guilt or innocence guilt or innocence• Emphasis on “treatment” rather than Emphasis on “treatment” rather than

punishmentpunishment• Protection from public scrutiny (sealed Protection from public scrutiny (sealed

records)records)- Labeling Theory- Labeling Theory

• Use of social science (rather than need Use of social science (rather than need for punishment)for punishment)

• No long term confinementNo long term confinement• Juvenile facilities Juvenile facilities • Discretionary alternativesDiscretionary alternatives

The Four Stages of the J.J. The Four Stages of the J.J. SystemSystem• IntakeIntake

– Arrest or juvenile petition (complaint filed by Arrest or juvenile petition (complaint filed by teachers, neighbors, etc)teachers, neighbors, etc)

– Probation Officer reviewProbation Officer review– Detention hearing, diversion, or dismissalDetention hearing, diversion, or dismissal– Preliminary hearing can be held in conjunction Preliminary hearing can be held in conjunction

with detention hearing – probable causewith detention hearing – probable cause• AdjudicationAdjudication

– Focus on privacy, speed, informality, evidentiary Focus on privacy, speed, informality, evidentiary standard, philosophy of the court, no right to trial standard, philosophy of the court, no right to trial by juryby jury

• DispositionDisposition– Decision – confine or not confineDecision – confine or not confine

• Post adjudicatory reviewPost adjudicatory review– appealsappeals

Class DiscussionsClass Discussions

What problems do What problems do juveniles face today?juveniles face today?

Solutions?Solutions?

How do you feel How do you feel about parental about parental

accountability and accountability and the possibility of the possibility of

parents being subject parents being subject to punishment for the to punishment for the

crimes of their crimes of their children?children?

What should the What should the “disposition” be?“disposition” be?

• Jerry Owen is a 17 year old HS drop out. Jerry Owen is a 17 year old HS drop out. He has recently been convicted of two He has recently been convicted of two burglaries. His criminal record includes burglaries. His criminal record includes three other crimes: two shoplifting three other crimes: two shoplifting incidents and a theft. incidents and a theft.

• His parents are frustrated with his His parents are frustrated with his behavior and admit to having trouble behavior and admit to having trouble controlling him. controlling him.

• Jerry’s two brothers are well behaved and Jerry’s two brothers are well behaved and have no criminal record.have no criminal record.

Anne Yeerns is 15 years old and was Anne Yeerns is 15 years old and was convicted of attempted GTA. This was convicted of attempted GTA. This was her first offense. However, she is also her first offense. However, she is also a runaway. On two prior occasions, she a runaway. On two prior occasions, she has run away from her father. has run away from her father.

The first time, she went back home, The first time, she went back home, after three days; the second time, the after three days; the second time, the police brought her back, after one police brought her back, after one week; and this time, she claims she week; and this time, she claims she was stealing the car to get as far away was stealing the car to get as far away as possible. as possible.

Anne’s father did not attend the Anne’s father did not attend the dispositional hearing. dispositional hearing.

• Patrick Darvy is 12 years old and was Patrick Darvy is 12 years old and was recently initiated in to a juvenile gang. recently initiated in to a juvenile gang.

• He was caught selling drugs; it was his He was caught selling drugs; it was his first offense. first offense.

• Patrick lives with his mother, who is Patrick lives with his mother, who is divorced. Ms. Darvy is very concerned divorced. Ms. Darvy is very concerned about recent changes in his behavior about recent changes in his behavior and would like the court’s help in and would like the court’s help in changing his behavior.changing his behavior.