Juvenile JusticeJuvenile Justice

CJ 3650CJ 3650

Professor James J. Drylie Professor James J. Drylie

Chapter 1Chapter 1

Origins of the SystemOrigins of the System

�� Before there was a juvenile justice system Before there was a juvenile justice system

in the United States there was no in the United States there was no

differentiation between adult and juvenile differentiation between adult and juvenile

offenders.offenders.

�� By the midBy the mid--1800s separate systems for 1800s separate systems for

confining juvenile offenders emergesconfining juvenile offenders emerges

�� 1899 1899 –– the first juvenile court is the first juvenile court is

established established

�� Changes in handling juveniles at this time Changes in handling juveniles at this time

was rooted in the following assumptions:was rooted in the following assumptions:

�� Juveniles were less mature than adultsJuveniles were less mature than adults

�� They were incapable of forming the same They were incapable of forming the same

level of intentlevel of intent

�� They are more easily rehabilitated They are more easily rehabilitated

�� The juvenile justice system was founded on The juvenile justice system was founded on

the belief of the belief of parens parens patriaepatriae

�� Latin for Latin for father of the peoplefather of the people

�� The state is the parent The state is the parent

�� Rooted in English common lawRooted in English common law

�� The King is responsible for the people The King is responsible for the people

Jurisdiction Jurisdiction

�� Jurisdiction is the authority to hear a caseJurisdiction is the authority to hear a case�� CriminalCriminal

�� LimitedLimited

�� GeneralGeneral

�� Civil Civil

�� Juvenile court is specified by state lawJuvenile court is specified by state law

�� The concept of jurisdiction involves the The concept of jurisdiction involves the answers to two questions:answers to two questions:�� What acts committed by juveniles are coveredWhat acts committed by juveniles are covered

�� What is the age of offendersWhat is the age of offenders

Delinquency or Status OffenseDelinquency or Status Offense

�� Delinquency Delinquency is any behavior that is is any behavior that is

prohibited by juvenile law, which is prohibited by juvenile law, which is

established by the state established by the state

�� Generally consists of two categories:Generally consists of two categories:

�� Criminal Criminal

�� Acts if committed by an adult or a juvenile that are Acts if committed by an adult or a juvenile that are

in violation of the penal code of the statein violation of the penal code of the state

�� Status offenses Status offenses

�� Would not be a crime if committed by an adultWould not be a crime if committed by an adult

Common Status Offenses Common Status Offenses

�� Running awayRunning away

�� TruancyTruancy

�� Curfew violationsCurfew violations

�� Incorrigibility/Incorrigibility/ungovernabilityungovernability

�� Illegal purchase of alcohol/tobacco Illegal purchase of alcohol/tobacco

Classifying Status Offenders Classifying Status Offenders

�� CHINSCHINS�� Children in need of supervision Children in need of supervision

�� PINSPINS�� Persons in need of supervisionPersons in need of supervision

�� JINSJINS�� Juveniles in need of supervision Juveniles in need of supervision

�� MINS MINS �� Minors in need of supervision Minors in need of supervision

�� Two reasons for separating juvenile Two reasons for separating juvenile

delinquents from status offensesdelinquents from status offenses

�� Remove the stigma of classification as a Remove the stigma of classification as a

delinquent delinquent

�� Demonstrate that juveniles have special Demonstrate that juveniles have special

problems and needs, but are not criminal in problems and needs, but are not criminal in

nature nature

�� Truancy to murderTruancy to murder

�� A broad range of classification A broad range of classification

�� Juvenile courts have jurisdiction over Juvenile courts have jurisdiction over

several matters:several matters:

�� Child abuseChild abuse

�� NeglectNeglect

�� Adoption Adoption

�� Parental rightsParental rights

�� Child custodyChild custody

�� Child support Child support

Who is a juvenile?Who is a juvenile?

�� The range of age is often the only The range of age is often the only

differentiation between adult and youthful differentiation between adult and youthful

offenders offenders

�� The state legislature determines the range The state legislature determines the range

of ageof age

�� Minimum Minimum

�� Maximum Maximum

�� The most common maximum age of a The most common maximum age of a

juvenile offender is juvenile offender is 1717

�� Every state has a minimum age of juvenile Every state has a minimum age of juvenile

court jurisdiction court jurisdiction

�� Under common law doctrine, individuals Under common law doctrine, individuals

under age under age 7 7

�� Children of this age were presumed to be Children of this age were presumed to be

unable to develop intent unable to develop intent

�� States that do set a minimum age often States that do set a minimum age often

set the age between set the age between 66 and and 1010

Talk the talkTalk the talk

�� One of the goals of the juvenile justice One of the goals of the juvenile justice

system is rehabilitationsystem is rehabilitation

�� The stigma of labels attached to juvenile The stigma of labels attached to juvenile

offenders is considered counterproductive offenders is considered counterproductive

�� The juvenile justice system incorporates a The juvenile justice system incorporates a

different set of terms different set of terms

�� Adjudicated delinquent Adjudicated delinquent

�� Adjudication hearingAdjudication hearing

�� Aftercare Aftercare

�� Commitment Commitment

�� Delinquent actDelinquent act

�� DelinquentDelinquent

�� Detention Detention

�� Detention centerDetention center

�� DispositionDisposition

�� Disposition hearing Disposition hearing

�� Institution Institution

�� Petition Petition

�� Custody Custody

�� ConvictionConviction

�� TrialTrial

�� ParoleParole

�� Sentence Sentence

�� CrimeCrime

�� CriminalCriminal

�� Confinement Confinement

�� JailJail

�� Sentence Sentence

�� Sentencing hearing Sentencing hearing

�� Prison Prison

�� IndictmentIndictment

�� Arrest Arrest

System OverviewSystem Overview

�� Two main sources of referral to juvenile Two main sources of referral to juvenile court:court:�� Law enforcement agenciesLaw enforcement agencies

�� Vast majority originate here Vast majority originate here

�� OthersOthers�� ParentsParents

�� SchoolsSchools

�� VictimsVictims

�� Probation officers Probation officers

Juvenile CourtJuvenile Court

�� Approximately 20% of cases involving the Approximately 20% of cases involving the

police are handled locally through the police are handled locally through the

policepolice

�� Diversion Diversion is used by police agencies in is used by police agencies in

many casesmany cases

�� A procedure by which juveniles are A procedure by which juveniles are

removed from the juvenile justice removed from the juvenile justice

process and provided with treatment process and provided with treatment

�� INTAKE INTAKE after a case is referred to after a case is referred to

juvenile court, it is sent to intakejuvenile court, it is sent to intake

�� Intake requires important decisions be Intake requires important decisions be

made. Usually involves 3 alternatives:made. Usually involves 3 alternatives:

�� DismissalDismissal

�� Informal handlingInformal handling

�� Refer for formal intervention by the Refer for formal intervention by the

court court

�� Cases that are dismissed at intake usually Cases that are dismissed at intake usually

involve minor offenses and firstinvolve minor offenses and first--time time

offenders offenders

�� Roughly 42% of the cases referred to Roughly 42% of the cases referred to

juvenile court are handled at intake.juvenile court are handled at intake.

�� In many cases the juvenile will agree to:In many cases the juvenile will agree to:

�� Victim restitutionVictim restitution

�� Drug counseling Drug counseling

�� Attend and complete schoolAttend and complete school

�� Community service Community service

�� Informal probationInformal probation

�� The juvenile is likely to be detained if:The juvenile is likely to be detained if:

�� They are determined to be a threat to the They are determined to be a threat to the

communitycommunity

�� They would be in danger in the communityThey would be in danger in the community

�� They are considered to be a flight risk They are considered to be a flight risk

�� In 2000, juveniles were detained inIn 2000, juveniles were detained in

�� 1 in 5 cases1 in 5 cases

Prosecution Prosecution

�� The prosecutor decides whether to file a The prosecutor decides whether to file a petition in juvenile courtpetition in juvenile court

�� The petition states the allegation and The petition states the allegation and requests the court requests the court adjudicate adjudicate the the juvenile as a delinquentjuvenile as a delinquent

�� The prosecutor has the option to waive The prosecutor has the option to waive the juvenile to the criminal justice systemthe juvenile to the criminal justice system�� Waiver to adult court Waiver to adult court

Adjudication Adjudication

�� If the prosecutor files a petition against If the prosecutor files a petition against the juvenile alleging delinquent conduct, the juvenile alleging delinquent conduct, the next step in the process is the next step in the process is adjudication.adjudication.

�� This is a hearing to determine if the This is a hearing to determine if the juvenile committed the offense.juvenile committed the offense.

�� This is the trial stage in the juvenile justice This is the trial stage in the juvenile justice system. system.

Disposition Disposition

�� The third step in the process.The third step in the process.

�� After a juvenile has been deemed After a juvenile has been deemed

delinquent.delinquent.

�� Frequently involves probation or Frequently involves probation or

residential placement.residential placement.

Probation Probation

�� A disposition imposed by the court A disposition imposed by the court

allowing the adjudicated offender to allowing the adjudicated offender to

remain in the community as long as the remain in the community as long as the

offender abides by certain conditions.offender abides by certain conditions.

�� Counseling servicesCounseling services

�� Community serviceCommunity service

�� Restitution Restitution

Residential placement Residential placement

�� The juvenile is sent to The juvenile is sent to

�� An institutionAn institution

�� A campA camp

�� Group homeGroup home

�� Placement may be indeterminate Placement may be indeterminate

�� In 2000 24% of adjudicated juveniles were In 2000 24% of adjudicated juveniles were

placed in some sort of facility.placed in some sort of facility.

�� Two circumstances in which the juvenile in Two circumstances in which the juvenile in

a residential placement may be sent to the a residential placement may be sent to the

criminal justice system for confinement:criminal justice system for confinement:

�� The offender commits a crime while in the The offender commits a crime while in the

facility and is an adult at that time;facility and is an adult at that time;

�� Blended sentencingBlended sentencing

�� Involves the imposition of juvenile and/or Involves the imposition of juvenile and/or

correctional sanctions for serious and violent correctional sanctions for serious and violent

juvenile offenders who have been processed in the juvenile offenders who have been processed in the

juvenile or adult court.juvenile or adult court.

�� An 16 year old is waived to adult court for murder. The An 16 year old is waived to adult court for murder. The

juvenile is convicted at age 17 and sent to a juvenile juvenile is convicted at age 17 and sent to a juvenile

placement for 1 year. At age 18 the juvenile is placement for 1 year. At age 18 the juvenile is

transferred to adult prison. transferred to adult prison.