Probation and Parole: Theory and Practice CHAPTER Probation and Parole: Theory and Practice, 12e...

Probation and Parole:Probation and Parole:Theory and PracticeTheory and Practice

CHAPTER

Probation and Parole: Theory and Practice, 12eHoward Abadinsky

Copyright © 2015, © 2012 by Pearson Education, Inc.All Rights Reserved

Probation and Parole in Juvenile Justice

11


Copyright © 2015, © 2012 by Pearson Education, Inc.

All Rights Reserved

History of Juvenile CourtHistory of Juvenile Court

• English common law considered children as chattel

• Children in America were exploited• Child labor was an important part of

economic life in the twentieth century• Supreme Court reflected the prevailing

belief in laisse-faire capitalism and would not interfere



All Rights Reserved

Houses of RefugeHouses of Refuge

• First opened in New York in 1825• Provided housing and care for

troublesome children • Parens patriae

Originally provided the Crown with the authority to administer the estates of landed orphans

Became the legal basis for the juvenile court



All Rights Reserved

Houses of RefugeHouses of Refuge

• In the American colonies, parens patriae concept gave almost complete authority over children to the state

• Ex Parte Crouse (1838) The Bill of Rights did not apply to

children

• Concept originally applied only to dependent children, but was identified with the rehabilitation of delinquents



All Rights Reserved

Child-Saving MovementChild-Saving Movement

• Child savers Upper-class, well-educated, women with

access to political and financial resources

• Juvenile court was result of their efforts• Juvenile court movement satisfied the

humanitarian impulses and most self-interested considerations



All Rights Reserved

Emergence of Juvenile CourtEmergence of Juvenile Court

• Illinois Juvenile Court Act of 1899 1st law creating a special comprehensive

court for juveniles Consistent with the concept of parens

patriae Nonpunitive approach over neglected and

dependent children as well as delinquents Due process safeguards were absent in

the juvenile court



All Rights Reserved

Emergence of Juvenile CourtEmergence of Juvenile Court

Adult Criminal Court• Defendant• Charges/indictment• Arraignment• Prosecution/trial• Verdict• Sentence• Imprisonment• Inmate/prisoner• Parole

Juvenile Court• Respondent• Petition• Hearing• Adjudication• Finding• Disposition• Commitment• Resident• Aftercare



All Rights Reserved

Legal DecisionsLegal Decisions

• Juvenile court operated for decades without attention or adherence to due process requirements or scrutiny by the judicial branch of government

• Kent v. United States (1966) Court expressed concern over the lack

of due process in the juvenile court Significant for changing the Supreme

Court’s hands-off policy



All Rights Reserved


• In re Gault (1967) Juvenile is entitled to:

1. Written notice of the charges2. Right to counsel3. Protection against self-incrimination4. Right to confront and cross-examine

witnesses5. Right to have written transcripts and

appellate review



All Rights Reserved


• In re Winship (1970) Applied reasonable doubt standard to

juvenile proceedings

• McKeiver v. Pennsylvania (1971) Juveniles have no right to a jury trial

• Breed v. Jones (1975) Double jeopardy applies to juveniles -

cannot be tired for same offense in adult and juvenile courts



All Rights Reserved


• Schall v. Martin (1984) - Detention cannot be for purposes of

punishment and must be strictly limited in time

When juveniles are given adult-like protections, judges more readily depart from the rehabilitative model



All Rights Reserved

Juvenile Court Procedures Juvenile Court Procedures

• Systems differ from state to state and even within states

• Juvenile court typically handles four types of cases:1. Delinquency• Behavior that, if engaged in by an adult,

would constitute a crime



All Rights Reserved


• Juvenile court typically handles four types of cases:2. Status offenses• Behavior that, if engaged in by an adult,

would not constitute a crime• Provides the basis for governmental

intervention

3. Neglect or abuse• Children who are subjected to neglect or

abuse by parents or guardians



All Rights Reserved


• Juvenile court typically handles four types of cases:4. Dependency• Children who do not have parents or

guardians available to provide proper care

• Situations that come to the attention of authorities are often handled in a manner that does not involve the formal justice apparatus



All Rights Reserved

IntakeIntake

• Juveniles referred to juvenile court are processed through the intake section, which is usually staffed by juvenile court probation officers

• First decision to be made at intake is the custodial status of the youngster



All Rights Reserved

IntakeIntake

• Intake permits the court to screen out cases not only on jurisdictional and legal grounds, but also on social dimensions



All Rights Reserved

IntakeIntake

• At this stage, the probation officer has a dual function:1. Legal function

a. Requires that the PO determine if the juvenile court has jurisdiction

b. Also requires that the child and parents be advised of rights



All Rights Reserved

IntakeIntake

• At this stage, the probation officer has a dual function:2. Social service function• Involves the assessment of the child’s

situation• Can provide the basis for adjusting the

case, handling it informally without the filing of a petition• This happens in about 50% of the cases

reaching the court



All Rights Reserved

IntakeIntake

• Informal processing Juvenile can be placed under

supervision of PO, usually for 90 days Requires an explicit or tacit admission of

guilt If successfully completed, the juvenile

may avoid further court processing If unsuccessful, the PO can file a petition

to juvenile court



All Rights Reserved

Preliminary HearingPreliminary Hearing

• Parties informed of the charges and their rights

• Guardian ad litem, advocate for the child, usually appointed

• Determines whether the child should remain in custody



All Rights Reserved

Preliminary HearingPreliminary Hearing

• 1974 Juvenile Justice and Delinquency Prevention Act “sight and sound” separation for

juveniles under juvenile court jurisdiction



All Rights Reserved

Adjudicatory HearingAdjudicatory Hearing

• Juvenile Trial Juvenile may offer plea to petition Evidence must prove beyond a

reasonable doubt that the delinquent act occurred

Status offenses are proved by a preponderance of the evidence



All Rights Reserved

Adjudicatory HearingAdjudicatory Hearing

• Juvenile Trial If sustained, the judge sets a date for a

dispositional hearing and orders a predisposition report



All Rights Reserved

Predisposition ReportPredisposition Report

• Conducted by the PO• Similar to a presentence report• May include:

Reviews of court, school, police records Interviews with child, family members,

teachers, employers, police, etc. Results of any psychological or

psychiatric examinations Recommendations



All Rights Reserved

Disposition HearingDisposition Hearing

• Disposition refers to the sentence• Traditionally, this stage had been based

on the concept of parens patriae• Dispositions were not based on justice

but on rehabilitation• Moving more toward a justice model

(what the child deserves) rather than a social service model (what the child needs)



All Rights Reserved

Status OffendersStatus Offenders

• Juvenile court involvement has been the subject of controversy

• Those in support of court involvement argue that status offenders are not essentially different from delinquents

• Opponents argue that the court involvement stigmatizes the juvenile (negatively labeling the offender)



All Rights Reserved

Status OffendersStatus Offenders

• Research does not support the labeling argument

• Majority of status offenders did not become more serious delinquents

• Juveniles adjudicated in juvenile court on their first referral were less likely to have criminal records as adults than those whose referrals were delayed until further misbehavior



All Rights Reserved

Juvenile Court JudgesJuvenile Court Judges

• National Council of Juvenile Court Judges - provides training

• Some jurisdictions use referees or masters Specialized attorneys who represent the

judge and hold certain juvenile court hearings



All Rights Reserved

DispositionsDispositions

• Juveniles sometimes released to the custody of their parents

• Others placed in various private facilities



All Rights Reserved

DispositionsDispositions

• Basic to disposition in juvenile court is concept of least restrictive alternative (disposition should not be more restrictive than that which will adequately serves the needs of the child)



All Rights Reserved

Probation SupervisionProbation Supervision

• For those not seriously delinquent• Juveniles will have to follow specified

conditions • PO will involve the family and meet with

the young person on a regular basis• Many orders of probation require

restitution or community service



All Rights Reserved

Group HomeGroup Home

• Residential treatment for non-serious juvenile offenders Can be publicly or privately operated Typical home – approximates large-single

family dwelling Each resident has daily chores, attends

local school Usually located in residential areas, but

often meet resistance from the communities



All Rights Reserved

Residential Treatment CenterResidential Treatment Center

• Private and public institutions that provide residential care for youngsters, with or without intervention of the court and devoid of coercive elements associated with correctional facilities

• Provide a wide variety of enriched services



All Rights Reserved

Residential Treatment CenterResidential Treatment Center

• Private centers can mix adjudicated delinquents, status offenders, and voluntary clients



All Rights Reserved

Secure Facilities/Training SchoolSecure Facilities/Training School

• Public institution that accepts all youngsters committed by the courts

• Committed based on four criteria1. Finding of fact2. Parents unable to control the child3. No other child welfare 4. Child needs services available at the

training school



All Rights Reserved

Aftercare and ParoleAftercare and Parole

• Aftercare planned release of a juvenile from a

residential placement to supportive services in the community

• Aftercare supervision is similar to probation supervision

• Services usually provided by the same state agency that administers the juvenile training schools



All Rights Reserved

Juveniles in Criminal CourtJuveniles in Criminal Court

• All states have transfer laws that allow or require criminal prosecution of some young offenders, even though they have not reached jurisdictional age

• Annually 20,000 juvenile cases are transferred to criminal court



All Rights Reserved

Juveniles in Criminal CourtJuveniles in Criminal Court

• Three basic ways to transfer cases:1. Legislative exclusion2. Judicial waiver3. Prosecutorial discretion

• Only about 1.5 percent of petitioned delinquency cases are transferred to criminal court



All Rights Reserved

Blended SentenceBlended Sentence

• Tried as a juvenile with full rights• If convicted, they are given an adult

sentence, which is applied only if they do not satisfactorily complete the juvenile court disposition

• Depending on the state, youth tried in adult criminal court, may be sent to an adult or a juvenile institution



All Rights Reserved

Key TermsKey Terms

• House of refuge• Parens patriae• Legal function• Status offenders• Informal probation• Guardian ad litem• Petition• Aftercare



All Rights Reserved

Key TermsKey Terms

• Training school• Justice model• Adjudicatory hearing• Predisposition report• Social service model• Least restrictive alternative• Residential treatment center• “Sight and sound” separation



All Rights Reserved

Key TermsKey Terms

• Child saving movement• Social service function

Date post:	29-Dec-2015
Category:	Documents
Upload:	gerald-tucker
View:	221 times
Download:	1 times

Probation and Parole: Theory and Practice CHAPTER Probation and Parole: Theory and Practice, 12e...

Documents