Schmalleger ch13 lecture

Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction

CHAPTER

Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved

Criminal Justice: A Brief Introduction, 11eFrank Schmalleger

ELEVENTH EDITION

Juvenile Justice

13



Juvenile Justice Throughout HistoryJuvenile Justice Throughout History

• Delinquency Juvenile actions or conduct in violation

of criminal law, juvenile status offenses, and other juvenile misbehavior

• Before the modern era, children who committed crimes in the Western world received no preferential treatment.

continued on next slide




• They were adjudicated and punished alongside adults.

• Early philosophy in dealing with juveniles derived from an ancient Roman principle called patria potesta. Children were members of the family,

but the father had absolute control over them.





• Parens Patriae A common law principle that allows the

state to assume a parental role and to take custody of a child when he or she becomes delinquent





• By the end of the 18th century, the Enlightenment emphasized human potential.

• By the middle of the nineteenth century "houses of refuge" were developed to save children from lives of crime and poverty.

• The American "Child-Savers" Movement Reform school



The Juvenile Court EraThe Juvenile Court Era

• In 1899, codification of Illinois juvenile law became the model for juvenile court statutes throughout the nation.

• The Illinois Juvenile Court Act created a juvenile court. Applied the term "delinquent" rather

than "criminal" to avoid lasting stigma

• In 1938, the federal government passed the Juvenile Court Act.





• Juvenile court movement Judges were to serve as advocates for

juveniles. Determination of guilt or innocence took

second place to the betterment of the child.





• The juvenile court movement was based on five philosophical principles.1. The state is the "higher or ultimate

parent" of all the children within its borders.

2. Children are worth saving, and nonpunitive procedures should be used to save them.





• The juvenile court movement was based on five philosophical principles.3. Children should be nurtured and

protected from the stigmatizing impact of formal adjudicatory procedures.

4. Each child is different, and the needs, aspirations, living conditions, etc., of each child must be known if the court is to be helpful.





• The juvenile court movement was based on five philosophical principles.5. Noncriminal procedures are necessary

to give primary consideration to the needs of the child.



Categories of Children in the Categories of Children in the Juvenile Justice SystemJuvenile Justice System

• Status Offense An act or conduct that is declared by

statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court

• Status offenses were a natural outgrowth of juvenile court philosophy.



The Legal EnvironmentThe Legal Environment

• Preventive detention cannot be imposed without: Prior notice An equitable detention hearing A statement by the judge setting forth

the reasons for detention



Legislation Concerning Children Legislation Concerning Children and Justiceand Justice

• Omnibus Crime Control and Safe Streets Act of 1968 Provided money and technical

assistance to states and municipalities seeking to modernize their justice systems





• Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 Provided federal grants to states and

cities seeking to improve their handling and disposition of delinquents and status offenders





• Participating states had to meet two conditions:1. Agree to a "sight and sound separation

mandate"2. Status offenders had to be

deinstitutionalized





• Reauthorized funding of JJDP in 1980• Separation mandate was expanded to

require that separate juvenile jails be constructed by the states.





• By 1988, nearly half of the states had failed to come into "substantial compliance" with the new jail and lockup removal mandate.

• Disproportionate minority confinement (DMC)



The Legal Rights of JuvenilesThe Legal Rights of Juveniles

• Today, most jurisdictions have statutes designed to extend the Miranda provisions to juveniles.

• It is unclear whether juveniles can legally waive their Miranda rights.

• New Jersey v. T.L.O. (1985) Prohibited school officials from engaging

in unreasonable searches of students or their property




The Legal Rights of JuvenilesThe Legal Rights of Juveniles

• A search would be considered reasonable if: The search is based on a logical

suspicion of rule-breaking actions. The search is required to maintain

order, discipline, and safety among students.

The search does not exceed the scope of the original suspicion.



The Juvenile Justice Process TodayThe Juvenile Justice Process Today

• A few states have set the age at 16 or 17 for juvenile court jurisdiction.

• Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority.

• All 50 states have provisions that allow juveniles who commit serious crimes to be bound over to criminal court.





• Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent. Original jurisdiction means that a

particular offense must originate with juvenile court authorities, and juvenile courts have original jurisdiction over most delinquency petitions and all status offenses.





• Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent. Concurrent jurisdiction exists where

other courts have equal statutory authority to originate proceedings.



Adult and Juvenile Justice Adult and Juvenile Justice ComparedCompared

• Juvenile court philosophy differs from the adult system. Reduced concern with legal issues of

guilt or innocence and an emphasis on the child's best interest

Emphasis on treatment rather than punishment

Privacy and protection from public scrutiny through the use of sealed records, etc.




Adult and Juvenile Justice Adult and Juvenile Justice ComparedCompared

• Juvenile court philosophy differs from the adult system. Use of the techniques of social science

in dispositional decision-making No long-term confinement Separate facilities for juveniles Broad discretionary alternatives at all

points in the process



How the System WorksHow the System Works

• Intake The first step in decision-making

regarding a juvenile whose behavior (or alleged behavior) is in violation of the law





• Juvenile Petition A document filed in juvenile court

alleging that the juvenile is a delinquent and asking that the court assume jurisdiction

• Preliminary Hearing To determine if there is probable cause

to believe that the juvenile committed the alleged act





• Transfer Hearing Focus on whether transfer statutes

apply to the case under consideration, whether the juvenile is amenable to treatment through the resources available to the juvenile justice system





• Adjudicatory Hearing The fact-finding process wherein the

juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition





• Dispositional Hearing The final stage in the processing of

adjudicated juveniles, in which a decision is made on the form of treatment or penalty that should be imposed on the child





• Teen Court An alternative to juvenile justice in

which alleged offenders are judged and/or sentenced by a jury of their peers• Hundreds of teen courts are in operation

across the country.





• Juvenile Disposition The decision of a juvenile court that

concludes a dispositional hearing

• Most judges decide not to confine juveniles.





• Probationary disposition usually means that juveniles will be released into the custody of a parent or guardian and ordered to undergo some form of training, education, or counseling.



Secure Institutions for JuvenilesSecure Institutions for Juveniles

• Most confined juveniles are held in semi-secure facilities. Designed to look less like prison and

more like residential high school campuses

Halfway houses, "boot camps," ranches, forestry camps, wilderness programs, group homes





• The operative philosophy of custodial programs for juveniles focuses squarely on the rehabilitative ideal.

• Juveniles are usually committed to secure facilities for indeterminate periods of time.

• Typical stay is less than one year





• Release is often timed to coincide with the beginning or the end of the school year.

• Most juvenile facilities are small, with 80% designed to hold 40 residents or fewer.



Characteristics of Juveniles in Characteristics of Juveniles in ConfinementConfinement

• The majority (85.5%) were male.• 39.4% Caucasian, 38.9% African

American, 17.3% Hispanic• About 6.5% institutionalized for

committing a status offense• Less than half (42.4%) were in

residential facilities for a serious personal or property crime.



Overcrowding in Juvenile FacilitiesOvercrowding in Juvenile Facilities

• Overcrowding exists in many juvenile institutions.

• Problems occur with living space, health care, security, and control of suicidal behavior.




Overcrowding in Juvenile FacilitiesOvercrowding in Juvenile Facilities

• Drug/alcohol offenders is the fastest-growing category of detained juveniles.

• Juvenile corrections has become increasingly privatized, and a number of states use private facilities.



The Post-Juvenile-Court EraThe Post-Juvenile-Court Era

• Transfer provisions• Blended Sentence

A juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence

• Confidentiality changes• Victims' rights

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