Chapter 16.3Chapter 16.3

Young People and the CourtsYoung People and the Courts

Causes of Juvenile DelinquencyCauses of Juvenile Delinquency In most states, anyone under age 18 is considered a In most states, anyone under age 18 is considered a

juvenilejuvenile – not yet legally an adult. Our system treats – not yet legally an adult. Our system treats young people who commit crimes – called young people who commit crimes – called juvenile juvenile delinquentsdelinquents – – somewhat differently from adults. somewhat differently from adults. Older juveniles charged with serious crimes, though, Older juveniles charged with serious crimes, though, may be tried as adults.may be tried as adults.

Factors such as abuse, neglect, emotional or mental Factors such as abuse, neglect, emotional or mental problems and poverty contribute to juvenile problems and poverty contribute to juvenile delinquency. However, many children with these risk delinquency. However, many children with these risk factors never have trouble with the law, while factors never have trouble with the law, while children from all backgrounds can become children from all backgrounds can become delinquents.delinquents.

Stages in the Juvenile Justice SystemStages in the Juvenile Justice System

The main goal of juvenile courts is to try to The main goal of juvenile courts is to try to rehabilitaterehabilitate, or correct a person’s behavior, , or correct a person’s behavior, rather than punish.rather than punish.

Cases begin with arrest or petitions to the Cases begin with arrest or petitions to the courts filed by school administrators, store courts filed by school administrators, store managers, or others. Parents may also managers, or others. Parents may also petition. This means that children can be put petition. This means that children can be put into the juvenile justice system without having into the juvenile justice system without having been accused of a crime.been accused of a crime.

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Before reforms in the late 1800s, juvenile offenders Before reforms in the late 1800s, juvenile offenders received the same sentences and were sent to the received the same sentences and were sent to the same prisons as adults. Today, juvenile courts try to same prisons as adults. Today, juvenile courts try to do whatever is best for the young person.do whatever is best for the young person.

In cases of neglect or abuse by caregivers, a court In cases of neglect or abuse by caregivers, a court may place youths in foster homes. Delinquency cases may place youths in foster homes. Delinquency cases involve crimes. Other cases involve actions that are involve crimes. Other cases involve actions that are considered illegal only for juveniles, such as running considered illegal only for juveniles, such as running away or curfew violation.away or curfew violation.

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When a juvenile is arrested, police notify the When a juvenile is arrested, police notify the parents/caregivers. The child may be sent parents/caregivers. The child may be sent home or placed in juvenile detention until time home or placed in juvenile detention until time to appear in court.to appear in court.

In nonviolent cases, juveniles may be diverted In nonviolent cases, juveniles may be diverted away from court and into special programs, away from court and into special programs, such as counseling, job training or drug such as counseling, job training or drug treatment.treatment.

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A judge may hold a detention hearing to A judge may hold a detention hearing to determine whether the juveniles might be determine whether the juveniles might be dangerous to themselves or others. If so, they dangerous to themselves or others. If so, they may remain confined.may remain confined.

The next stage is a preliminary hearing to The next stage is a preliminary hearing to determine probable cause.determine probable cause.

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The trial is less formal than in adult court. The trial is less formal than in adult court. Only parties involved may attend. Both sides Only parties involved may attend. Both sides call and cross-examine witnesses. There is no call and cross-examine witnesses. There is no jury. The judge decides whether the young jury. The judge decides whether the young person is delinquent or nondelinquent.person is delinquent or nondelinquent.

The system tries to protect juveniles by The system tries to protect juveniles by keeping their identities and criminal records keeping their identities and criminal records secret. In some cases, records may be erased secret. In some cases, records may be erased when the offender becomes an adult.when the offender becomes an adult.

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Some states are experimenting with peer juries Some states are experimenting with peer juries for the sentencing stage, if the defendant for the sentencing stage, if the defendant agrees.agrees.

If a juvenile has been found delinquent, the If a juvenile has been found delinquent, the court holds a hearing to decide the sentencing. court holds a hearing to decide the sentencing. Delinquents may be sent home with a stern Delinquents may be sent home with a stern lecture or placed in a special training school, lecture or placed in a special training school, reformatory, treatment center or teen shelter.reformatory, treatment center or teen shelter.

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If the young people attend school and obey If the young people attend school and obey their caregivers during the probationary their caregivers during the probationary period, the charges will be removed from their period, the charges will be removed from their record. Juveniles who were neglected may record. Juveniles who were neglected may become wards of the court until they are become wards of the court until they are adults. Judges may place juveniles with adults. Judges may place juveniles with serious mental or emotional problems in a serious mental or emotional problems in a hospital or institution.hospital or institution.

Supreme Court RulesSupreme Court Rules

Gerald Gault, age 15, had been sentenced to six years Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls in a reformatory for making indecent telephone calls to a neighbor. His parents were not informed of his to a neighbor. His parents were not informed of his arrest. He had no attorney present and the neighbor arrest. He had no attorney present and the neighbor was never questioned.was never questioned.

The Supreme Court overturned the ruling in the 1967 The Supreme Court overturned the ruling in the 1967 case case In re GaultIn re Gault and established rules for juvenile and established rules for juvenile criminal cases. Juveniles have the right to counsel, criminal cases. Juveniles have the right to counsel, the right to confront witnesses and the right not to be the right to confront witnesses and the right not to be forced to incriminate themselves.forced to incriminate themselves.