Chapter 15The Juvenile System

CHILD SAVERSChild Savers:

Wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children

Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents

Instrumental in opening the House of Refuge in 1825

Juvenile Offenders required treatment not punishment

JUVENILE COURTThe Illinois Juvenile Court:

Established in 1899

Different from adult court

No juries

Different terminology

No adversarial relationship

Confidentiality

All states have juvenile courts by 1945

JUVENILE DELINQUENCY

Status Offenders – behavior that is illegal

under a specified age

Crimes if committed by adult

Most states the age is 18 (not New York)

COURT CASESIn re Gault

The court held that juveniles are entitled to many of the same due process rights granted to adult offenders

Kent v. U.S.

Due process rights to children in juvenile court

Winship ( 1970 )

Burden of proof – beyond a reasonable doubt

COURT CASESIn re Gault

The court held that juveniles are entitled to many of the same due process rights granted to adult offenders

Breed v. Jones (1975

No double jeopardy

McKeever v. PA

Juveniles don’t have a right to a jury trial

Learning Objective 4Describe the one variable that

always correlates highly with juvenile crime rates

TRENDS - 2010Juveniles account for 13.7% of violent

crimes and 12.6% of criminal activity

9% of murders

11% of aggravated assaults

14% of forcible rapes

20% weapons offenses

23% robberies and 24% property crimes

10% drug offenses

TRENDSDecline in Juvenile Offenders:

Slowing of crack/cocaine

Quality of Life Enforcement

Zero Tolerance

Girls in Juvenile Justice System

More visible

Chivalry effect/ Past – allowed girls to go home

Crime of Assault/ Family Disputes

SCHOOL VIOLENCEMost feel that schools are safe

50 x more likely to be killed away from

school

Decline in non – fatal victimization

Significant increase in school safety

85% of schools control access during the school

day

Bullying and cyberbullying

RISK FACTORSRisk factors for juvenile offending:

Age

Substance abuse

Child abuse and neglect

Gangs

Guns

YOUTH GANGSWhy do youths join gangs:

Status

Protection

Excitement

Fear

Gangs and guns

Gang members 3 x more likely to own a handgun

Access to guns and homicides correlation

Members believe they need it for protection

Learning Objective 6List the factors that normally

determine what police do with juvenile offenders

POLICE AND JUVENILE OFFENDERS

Police exercise low-visibility decision making when working with juveniles.

Factors that impact discretion:Nature of the offensePast criminal historyAttitude of the offenderRole of the parentsRace and gender of offender Setting of offense

PRETRIAL JUVENILE JUSTICE PROCEDURES

The four primary pretrial stages are:

1. Intake – screening process

2. Pretrial diversion ( probation; treatment/aid and/or restitution )

3. Waiver to adult court

4. Detention – until disposition process begins

DUE PROCESS DURING DETENTION HEARING

Due Process

Right to counsel

Right against self incrimination

Right to cross – examine and confront witnesses

Proof beyond a reasonable doubt

ADJUDICATED vs. DETENTION HEARING

A Bifurcated Process:

Adjudication Hearing

The process by which the court determines whether there is sufficient evidence to support the petition.

Essentially a trial

Detention Hearing

The hearing in which the appropriate sanctions for the delinquent or status offender is determined.

Determines the needs of the child

INTAKE PROCEEDINGSPolice Officer decides if offender warrants

Juvenile Court and refer

Case in Juvenile Court begins in intake

Screening Official has several options:

Dismiss the case

Divert the offender to social services

File a petition for a formal court hearing

Transfer the case to adult court

SANCTIONS – TREATMENT PROGRAMSJuvenile corrections is based on the

concept of graduated sanctions:

Probation (the most common sanction)

Non-secure confinement ( foster care, group homes, family group homes, rural programs)

Secure confinement ( Boot camp and Training schools)

Aftercare