Juvenile Justice

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Juvenile Justice

• Youth and crime
• The development of juvenile justice
• The system of juvenile justice
• Juvenile justice operations
• Important juvenile justice cases

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Youth Crime
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Juvenile Arrest Rates per 100k Over Time
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What Offenses are Committed By Juvenile Defendants
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Juvenile Offenses as a Percent of All Arrests
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Parens Patriae

• Philosophic basis for juvenile courts in America
  at the turn of the century.
• It meant that the state was to act on behalf of
  the parent in the interests of the child.

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Juvenile Justice in the U.S.The Refuge Period
(1824-1899)
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Juvenile Justice in the U.S.Juvenile Court
Period (1899-1960)
Major Developments Establishment of a separate
legal system for juveniles. Illinois Juvenile
Court Act (1899).
Causes and Influences a) Reformism and
rehabilitative ideology and b)
increased immigration, urbanization,
industrialization.
Juvenile Justice System Juvenile
court institutionalized legal irresponsibility
of child.
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Juvenile Justice in the U.S.Juvenile Rights
Period (1960-1980)
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Juvenile Justice in the U.S.Crime Control Period
(1980-present)
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System of Juvenile Justice

• Age
• Up to 16 or 18
• Transfer discretion

• Categories
• Delinquency
• Status
• Neglect and dependency

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Juvenile Justice Operations

• Overall goal is to help juvenile and prevent
  future misconduct
• Less adversarial than adult proceedings
• More discretion used
• Primary junctures
• Police interface and intake
• Adjudication
• Corrections

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Police Interface

• How most case arise
• Extraordinary discretion
• Factors affecting disposal of case
• Seriousness
• Parental attitude
• Local norms

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Police Intake

• Formal action
• Review of case
• Screening for disposition
• Diversion
• Transfer to adult court
• Judicial waiver
• Legislative exclusion
• Prosecutor discretion

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Juvenile Adjudication

• More adversarial than in past
• Most cases settled
• Adjudication
• Delinquent or not
• Disposition what to do
• Judges options
• Dismiss
• Alternative arrangements
• Probation/Intermediate
• Institutional care

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Juvenile Corrections

• Alternative corrections
• Probation
• Better funded
• More enthusiasm
• Community Treatment
• Institutional Care
• Statistics
• Rehabilitation emphasis

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Constitutional Rightsof Juveniles
Juvenile rights and adult rights are not always
the same.
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Juvenile Trials
Require Do not require

• Due process
• Fair notice of charges
• Legal representation
• Confrontation of witnesses
• Proof beyond a reasonable doubt

• Trial by jury is not a constitutional right

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Important Juvenile Justice Cases

• In re Gault (1967)
• The Supreme Court ruled that to satisfy due
  process requirements in a juvenile proceeding
  that resulted in commitment to a correctional
  facility, the juvenile must receive adequate
  written notice that a hearing was scheduled and
  advice about the right to counsel and the right
  to confront and cross-examine witnesses.

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Important Juvenile Justice Cases

• In re Winship (1970)
• The Court ruled that the due process clause
  required that juvenile proceedings provide proof
  beyond a reasonable doubt in order to classify
  juveniles as delinquent in juvenile court
  proceedings.

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Important Juvenile Justice Cases

• Schall v. Martin (1984)
• The Court reaffirmed the parens patriae rationale
  for the juvenile court differences and held that
  juveniles may be detained before trial if they
  are deemed a risk to the community.

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