Juvenile JusticeKyley Burd

October 19, 2013History over the years

WHAT IS A JUVENILE? A juvenile is a young person not yet an

adult 7-18 years of age can be sentenced to life in prison but

not death

EARLY HISTORY 1899 in Cook County, Illinois Juvenile corrections,16th century Europe reform movement poor children vs. rich children African Americans, Native Americans, and people who

were considered the dangerous class 1825, the Society for the Prevention of Juvenile

Delinquency 1899, Illinois passed the Juvenile Court Act of 1899 parens patriae (a British doctrine that is literally the state

as the parent)

JUVENILE COURT JUVENILE COURT VS. ADULT DUE PROCESS WAS DEEMED UNNECESSARY TREATMENT WAS SUPPOSED TO GO UNTIL THE JUVENILE

WAS SAID TO BE “CURED” OR BECOME AN ADULT WHICH WAS SAID TO BE 21

1960’S, THE SUPREME COURT ORDERED THE JUVENILE COURTS BECOME MORE FORMAL

ACCORDING TO THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT OF 1968 STATED THAT CHILDREN CHARGED WITH NONCRIMINAL OFFENSES WILL NOT BE HANDLED IN THE COURT SYSTEM BUT OUTSIDE OF IT

JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

Amended in the 1980’s Deinstitutionalization of status offenders and

nonoffenders Separation of juvenile delinquents from adult offenders Encouraged community-based programs, diversion, and

deinstitutionalization “Sight and sound separation” (no contact with adult

offenders) “Jail and lockup removal”( juveniles can’t be in adult

lockups) “Disproportionate confinement of minority

youth”(reduce problems in the State)

LAWS CHANGED BETWEEN 1992-1997

Transfer provision- easier to transfer juvenile offenders to criminal court

Sentencing authority- gave criminal and juvenile courts to expand on sentencing options

Confidentiality- made juvenile records and proceedings more available

Victim Rights-increase role of victims in juvenile court

Correctional Programming- developing new programs

PURPOSE CLAUSE

Juveniles held accountable for actions Provide effective deterrence Keep criminal activity out of the public Balance all attention Punishment severity = Criminal Act

FACTORS OF JUVENILE CRIMES

Social Cultural Mental environmental Legal factors such as attitude, home

life, education, and parents

1997-2010 Incarceration of Juveniles

COURT CASES

Kent vs. United States 1966 Morris Kent, age 16 Charged with rape and

robbery Confessed, Guilty Sentenced to 30-90 years in

prison Attorney issued a dismissal Judge waived it Counsel should have full

access to records Judge should have provide a

written statement for waiver Due process to transfer in

adult court

In re Gault 1967 Gerald Gault, age 15 Probation for minor

property crimes Prank telephone call to an

adult neighbor Adult punishment- $50 fine

and 2 months in jail Right to notice and counsel,

to question witnesses, and to avoid self-incrimination

Encourage States to give these rights but did not apply it to this case

Court CasesIn re Winship 1970 Samuel Winship, age 12 Charged with stealing $112

from a woman’s purse in a store

Seen running from the seen Witnesses stated employee

could not see the incident in the position they were in

Adjudicated delinquent Reasonable Doubt Proof beyond a reasonable

doubt was ruled to be used in Juvenile Court in delinquency cases

“Save” not “punish”

McKeiver vs. Pennsylvania 1971 Joseph McKeiver, age 16 Charged with robbery,

larceny, and receiving stolen goods

20-30 other youths chased 3 other youths and took $.25 from them

Requested a jury trial Adjudicated and put on

probation Supreme Court ruled jury

trials not required for Juvenile Court

Court CasesBreed vs. Jones 1975 Gary Jones, age 17 Charged with armed robbery Judge waived jurisdiction Violated double jeopardy After adjudication, waivers can’t

be used 

Oklahoma Publishing Company vs. District Court in and for Oklahoma City 1977 Press can report name and

photograph of a youth in Juvenile Court

Smith vs. Daily Mail Publishing Company 1979 Can’t stop the press from

publishing a juvenile’s name Free Press

Schall vs. Martin 1984 Gregory Martin, age 14 Charged with robbery, assault,

and possession of a weapon Stole jacket and sneakers from a

boy he hit on the head with a loaded gun while with 2 other youths

Preventive “pretrial” detention of juveniles only allowed on certain issues

REHABILITATION

NO VIOLENT OFFENDER CONTACT = NO NEW TRADES LEARNED

SEEN AS GOOD PEOPLE WHO JUST DID A BAD THING

DIFFERENT PROGRAMS TO FIT INDIVIDUALS NO COMMUNITY, PEER, OR OTHER ABUSE IMPULSIVE BEHAVIOR IN THE BRAIN HAS

DEVELOPED FURTHER THAN DECISION MAKING CONTINUE TO LIVE LIFE OUTSIDE PRISON

WORKING ON ISSUES

PRISON

37 TIMES MORE LIKELY TO COMMIT CRIME IN/OUT JUVENILE DETENTION CENTER

OFFENDERS WHO ARE IN JAIL LONGER DON’T TRY TO “ONE UP” JUVENILES OR VICE VERSA

FEAR OF PUNISHMENT/DETERRENCE SOCIAL CONTROL LESS MONEY TO HOUSE INMATE WHAT IS A GOOD ENVIRONMENT? BALANCE THOSE PEOPLE WHO DON’T GET A SECOND CHANCE

BECAUSE A JUVENILE TOOK THAT AWAY PUNISHMENT FITS THE CRIME NO EASY WAY OUT

Resources

Bilchik, Shay. United States. Department of Justice. 1999 National Report Series. Washington D.C: 1999. Web. <https://www.ncjrs.gov/pdffiles1/ojjdp/178995.pdf>.

Information for this Bulletin was taken from chapter 4

of Juvenile Offenders and Victims: 1999 National Report. For a full listing of sources for this

chapter, see page 109 of the National Report.