Chapter 16:

Juvenile Justice

• Failure of family a cause of delinquent behavior.

• Families had failed to teach proper values and respect for authority.

• Solution to failure of familySolution to failure of family::• Separate juvenile court to assume Separate juvenile court to assume

the responsibility that had been the responsibility that had been the family’s job. the family’s job.

• Instead of punishing young Instead of punishing young people through adult system, a people through adult system, a separate juvenile court would separate juvenile court would seek to seek to REHABILITATEREHABILITATE juveniles juveniles by teaching morals and learning by teaching morals and learning community values. community values.

• First Juvenile Court:First Juvenile Court:

• Cook County, Illinois, 1899Cook County, Illinois, 1899

• Juvenile courts were Juvenile courts were designed to be informal, designed to be informal, allowing the court to act allowing the court to act as parent/guardian of as parent/guardian of child. child.

• Parens PatriaeParens Patriae::

• ““Parent of the country.”Parent of the country.”

• Courts assumes role of a Courts assumes role of a parent and was permitted parent and was permitted to do whatever it thought to do whatever it thought necessary to help the necessary to help the child. child.

• Three groups of juvenilesThree groups of juveniles::

1.1.Delinquent offendersDelinquent offenders: youths : youths who have committed acts that who have committed acts that would be crimes if committed would be crimes if committed by adults.by adults.

2.2.Status offendersStatus offenders: youths who : youths who committed acts that would not committed acts that would not be crimes if committed by be crimes if committed by adults (CURFEW)adults (CURFEW)

3.3. Neglected and abused childrenNeglected and abused children: : need the courts protection from need the courts protection from parent or guardian.parent or guardian.

Neglect CaseNeglect Case: occurs when a : occurs when a parent or guardian is charged parent or guardian is charged with failing to provide adequate with failing to provide adequate food, clothing, shelter, education food, clothing, shelter, education and medical care.and medical care.

•An An abuse caseabuse case, , occurs when a child occurs when a child has been sexually, has been sexually, physically, or physically, or emotionally abused. emotionally abused.

• In both, In both, neglect and abuse neglect and abuse casescases, a judge must decide , a judge must decide whether the child needs the whether the child needs the protection of the courts.protection of the courts.

• Courts must determine Courts must determine whether the child should whether the child should remain with the family while remain with the family while under court protectionunder court protection

• In both neglect and abuse casesIn both neglect and abuse cases::

• Judge works closely with social Judge works closely with social service agencies.service agencies.

• Judge usually sets certain conditions Judge usually sets certain conditions for the child to remain with his or her for the child to remain with his or her family, such as participation by the family, such as participation by the parents in a counseling program or a parents in a counseling program or a later hearing to monitor the progress later hearing to monitor the progress of the case.of the case.

• Judge may also decide to place the Judge may also decide to place the child with relatives or in foster care.child with relatives or in foster care.

• Juvenile age of Juvenile age of maturitymaturity: Can prosecute : Can prosecute in adult court:in adult court:

• Most states is 18.Most states is 18.• Some states is 16 or 17Some states is 16 or 17• Illinois: 18 years oldIllinois: 18 years old

• Humanitarian philosophyHumanitarian philosophy -Emphasizes -Emphasizes rehabilitating the rehabilitating the offenderoffender

• Control philosophy Control philosophy – – emphasizes punishing emphasizes punishing the defender. the defender.

• Status OffendersStatus Offenders:• Youths who commit crimes which Youths who commit crimes which

are not crimes for adults – are not crimes for adults – drinking alcohol under age 21drinking alcohol under age 21

• Most are runaways or have drug Most are runaways or have drug problems (alcohol/drugs)problems (alcohol/drugs)

• Face charges such asFace charges such as: “beyond : “beyond control” and “habitually control” and “habitually disobedient,” or truant from disobedient,” or truant from school.school.

•Status Offenders Status Offenders (Continued)(Continued)

•Some are trying to Some are trying to escape abusive or escape abusive or difficult home difficult home situations. situations.

Programs for runawaysPrograms for runaways:

• Primary resource Primary resource for for runaway and homeless runaway and homeless youth is a national youth is a national network of shelters. (1-network of shelters. (1-800-RUNAWAY) or 800-RUNAWAY) or www.1800RUNAWAY.orgwww.1800RUNAWAY.org

• Status offenses make up Status offenses make up 20%20% of of all juvenile arrests.all juvenile arrests.

• As a As a general rulegeneral rule, a single act of , a single act of unruly behavior is not enough to unruly behavior is not enough to support a finding that a juvenile is support a finding that a juvenile is in need of court supervision; in need of court supervision; rather, juvenile must be habitually rather, juvenile must be habitually disobedient or has repeatedly run disobedient or has repeatedly run away, skipped school, or been out away, skipped school, or been out of controlof control

PINS (person in need of PINS (person in need of supervision)supervision)

•Because of problems at Because of problems at home, parents sometimes home, parents sometimes ask the courts to file a PINS ask the courts to file a PINS – petition against their child.– petition against their child.

PINS (person in need of supervision)PINS (person in need of supervision)

•Children can defend their conduct Children can defend their conduct by showing their act was justified or by showing their act was justified or the parent were unreasonable and at the parent were unreasonable and at fault.fault.

•If child is correct, the PINS petition If child is correct, the PINS petition might be withdrawn by the court and might be withdrawn by the court and replaced by replaced by a neglect petition a neglect petition against the parentagainst the parent

Problems with Juvenile Problems with Juvenile court system in the 1960scourt system in the 1960s..

•Many people argued that Many people argued that the system was providing the system was providing harsher treatment that the harsher treatment that the adult system without the adult system without the constitutional rights constitutional rights provided in adult courts.provided in adult courts.

Solution to problems with Solution to problems with Juvenile Court SystemJuvenile Court System::•In 1966, the U.S. Supreme In 1966, the U.S. Supreme Court handed down several Court handed down several decisions which began to decisions which began to change the theory and change the theory and operation of the juvenile operation of the juvenile justice system.justice system.

The Gault The Gault DecisionDecision

•Gave young people Gave young people many of the same many of the same rights as adultsrights as adults

In re Winship In re Winship (1970)(1970)

•A juvenile charge with a A juvenile charge with a criminal act must be found criminal act must be found “delinquent by proof beyond “delinquent by proof beyond a reasonable doubt,” the a reasonable doubt,” the same standard required in same standard required in adult criminal court.adult criminal court.

• McKeiver v. Pennsylvania McKeiver v. Pennsylvania (1971)(1971)

• The Court decided that jury trials The Court decided that jury trials were not required in juvenile were not required in juvenile cases. cases.

• It expressed concern that jury It expressed concern that jury trials could hurt juveniles by trials could hurt juveniles by destroying the privacy of juvenile destroying the privacy of juvenile hearingshearings.

The Juvenile Justice and The Juvenile Justice and Delinquency Prevention Act of Delinquency Prevention Act of 19741974::

•Requires that the Department Requires that the Department of Justice’ Office of Juvenile of Justice’ Office of Juvenile Justice and Delinquency Justice and Delinquency Prevention (OJJDP) oversee Prevention (OJJDP) oversee changes ordered by Congresschanges ordered by Congress

The Juvenile Justice and Delinquency The Juvenile Justice and Delinquency Prevention Act of 1974Prevention Act of 1974::

•OJJDP OJJDP works as a partner with state works as a partner with state and local units of governments to and local units of governments to improve the juvenile justice system.improve the juvenile justice system.

•The federal act required the juvenile The federal act required the juvenile court system to change the way it court system to change the way it treated both status offenders and treated both status offenders and delinquent offenders.delinquent offenders.

The Juvenile Justice and Delinquency The Juvenile Justice and Delinquency Prevention Act of 1974Prevention Act of 1974::

•Separated from adults

•Develop community alternatives to incarceration and for improving the juvenile justice system (JSS)

• PROBLEM: studies have shown that minority youth are often placed in government-run institutions while white youth are placed in private facilities to meet their special needs.

•Prosecuting Prosecuting juveniles in adult juveniles in adult court began in the court began in the 1980s and 1990s1980s and 1990s

Approaches for trying juveniles Approaches for trying juveniles in adult courtin adult court:

1.1.Juvenile WaiverJuvenile Waiver: After a : After a hearing, the judge waives hearing, the judge waives juveniles to adult court – juveniles to adult court – most common approach.most common approach.

2)2) Statutory ExclusionStatutory Exclusion: also : also known as, automatic known as, automatic transfer, is an approach in transfer, is an approach in which the state passes laws which the state passes laws that requires certain juvenile that requires certain juvenile offenses to be prosecuted in offenses to be prosecuted in adult court; this is the adult court; this is the second most common second most common approachapproach

3)3)Direct FileDirect File: at : at prosecutors prosecutors discretion, choice, if discretion, choice, if juvenile should be juvenile should be tried in adult court. tried in adult court.

• StudiesStudies have shown that have shown that youth transferred to youth transferred to adult courtadult court re-offendre-offend at at higher rateshigher rates than those than those treated in juvenile courttreated in juvenile court

• MostMost juvenile cases are juvenile cases are heard in juvenile court.heard in juvenile court.

Critics of prosecuting juveniles Critics of prosecuting juveniles in adult criminal courtin adult criminal court

• Recidivism higher rate among Recidivism higher rate among juveniles who go to adult court juveniles who go to adult court – corrections– corrections

• Brains are developing until 20sBrains are developing until 20s

IntakeIntake::

• the formal process by the formal process by which officials or social which officials or social workers decide if a workers decide if a complaint against a complaint against a juvenile should be juvenile should be referred to juvenile court.referred to juvenile court.

IntakeIntake:

•Decision is made after interviewing the youth and considering the seriousness of the offense, past record, family situation, and other factors

IntakeIntake:•1/3 (33%) of all complaints are 1/3 (33%) of all complaints are disposed of during the intake disposed of during the intake process by: process by: dismissaldismissal, , diversiondiversion, or , or transfertransfer..•Most are Most are dismissed – No chargesdismissed – No charges•DivertedDiverted: receive educational : receive educational services – including involvement in services – including involvement in “Street Law” classes and other “Street Law” classes and other treatment servicestreatment services

IntakeIntake::

•Transfer: go to Transfer: go to adult court. adult court.

Initial hearing/Detention HearingInitial hearing/Detention Hearing

•Check on the validity of their Check on the validity of their arrest and detentionarrest and detention•The state must prove TWO The state must prove TWO thingsthings

1.1.That an offense was That an offense was committed and that there was committed and that there was reasonable cause to believe the reasonable cause to believe the accused committed it. accused committed it.

Initial HearingInitial Hearing/Detention Hearing/Detention Hearing

2)2)If state wants to detain the If state wants to detain the youth, it must prove that the youth, it must prove that the juvenile is a danger to juvenile is a danger to him/herself or others, is him/herself or others, is likely to runaway if released, likely to runaway if released, or has a past record that or has a past record that warrants detention warrants detention

Initial HearingInitial Hearing/Detention /Detention

HearingHearing::•If juvenile does not If juvenile does not have attorney court will have attorney court will usually assign one and usually assign one and sets a date for a hearing sets a date for a hearing on the facts.on the facts.

Initial Hearing/Detention Initial Hearing/Detention HearingHearing::

•U.S. Supreme Court U.S. Supreme Court has held that juveniles has held that juveniles do not have a do not have a constitutional right to constitutional right to bailbail

Initial Hearing/Detention Initial Hearing/Detention HearingHearing::•No money bond is set, No money bond is set, and the juvenile court may and the juvenile court may decide either to release decide either to release juvenile to their parents or juvenile to their parents or other adults until trialother adults until trial

Initial Hearing/Detention HearingInitial Hearing/Detention Hearing::•Preventive DetentionPreventive Detention: better off : better off in detention than at home on the in detention than at home on the grounds that it serves the grounds that it serves the legitimate purpose of protecting legitimate purpose of protecting the community and the juveniles the community and the juveniles themselves from the themselves from the consequences of future crimes.consequences of future crimes.•Based on the Based on the judge’s decision judge’s decision