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Overview of the Juvenile Justice Process

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Overview of the Juvenile Justice Process Initial contact (police, parents, schools, DFS) Discretion to make referral Taken into custody arrest – PowerPoint PPT presentation

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Title: Overview of the Juvenile Justice Process


1
Overview of the Juvenile Justice Process
  • Initial contact (police, parents, schools, DFS)
  • Discretion to make referral
  • Taken into custody arrest
  • Investigation
  • Diversion
  • Detention hearing
  • Pretrial procedures

2
Process
  • File a petition (indictment)
  • Adjudicatory hearing (trial)
  • Agree to a finding or deny petition
  • Adjustment (plea bargain) Adjudication
    (conviction)
  • Disposition (sentence)
  • Bifurcated process
  • Aftercare

3
Process
  • Commitment (incarceration, institutionalized)
  • Youth development center, training school
    (prison)
  • Residential facility (halfway house)

4
Current legislation
  • National advisory commission on criminal justice
    standards and goals (1973)
  • Emphasized
  • Prevention
  • Diversion
  • Dispositional alternatives
  • Due process
  • Controlling the violent and chronic delinquent

5
Legislation
  • Juvenile Justice and Delinquency Prevention Act
    of 1974
  • Office of Juvenile Justice and Delinquency
    Prevention (OJJDP)
  • Removed juveniles from adult jails
  • Separation of status offenders and delinquents
  • Violent crime control and law enforcement act of
    1994

6
Police and Juveniles
  • Role conflicts law enforce or service-oriented
    delinquency prevention
  • Arrests
  • 64 referred to juvenile court
  • 28 informally handled and released
  • 5 referred to criminal court
  • 2 referred to DFS

7
History
  • 19th century increase in number of unemployed
    and homeless youths
  • Wickersham Commission, IACP advocated police
    reform
  • Delinquency control squads
  • Vollmer (Berkeley) prevention programs and
    juvenile aid bureaus, first organized special
    police services for youths

8
History
  • 1960s increased tension between police and
    citizens
  • Civil unrest police seen as oppressors
  • Increase in crime
  • Law Enforcement Assistance Administration (LEAA)
  • Development of role in community awareness and
    crime prevention

9
History
  • Specialized programs for juveniles
  • Police athletic leagues
  • Project DARE
  • Community outreach (crime prevention, Weed Seed
  • School resource officers
  • Gang control

10
Police and the law
  • Law of arrest the same for adults and juveniles
  • Probable cause
  • Misdemeanor police must observe crime
  • Felony probable cause
  • Otherwise must have a warrant
  • Police can arrest youths for status offenses
    such as truancy, running away and alcohol use

11
Police and the law
  • In loco parentis
  • Protective rather than punitive function
  • Once arrested, formal safeguards of the 4th and
    5th amendment attach
  • 4th amendment standards of search and seizure
    have been determined to apply to juveniles

12
Police and the law (exceptions to the warrant
requirement)
  • Same stop and frisk rule (Terry v. Ohio)
  • Search after a legal arrest in the immediate area
    of the subjects control (Robinson v CA)
  • Automobile can be searched if there is probable
    cause
  • Consent to search
  • Abandoned property

13
Law and the police
  • Plain view doctrine
  • What about school officials?
  • Can school officials do searches and turn over
    what they find to police?
  • New Jersey v. T.L.O.
  • What should be the standard?

14
New Jersey v T.L.O.
  • Balance between the students right to privacy
    and schools need to provide a safe environment
  • Teachers do not need to obtain a warrant before
    searching a student
  • Justified if violating the law OR violating
    school rules
  • Legality depends on reasonableness, rather than
    probable cause

15
New Jersey v TLO
  • Considerations are the scope of the search, age
    and sex of the student, and that behavior that
    prompted the search
  • An adult could not be searched by an agent of the
    government under this standard
  • This case is a balance between protections of
    adults and the needs of youths
  • In loco parentis

16
Veronia School district
  • Supreme Court allowed for suspicionless drug
    testing program for those in the athletics
    program
  • Would this case apply to youths who are not in
    such programs, i.e., random testing ? Not clear,
    has not be litigated

17
Custodial interrogations
  • Miranda v. AZ (1966)
  • In re Gault applied Miranda warnings to juveniles
    (1967)
  • Is a childs waiver of those rights valid?
  • People v. Lara whether juvenile can waive
    depends on the totality of the circumstances
  • Age and other factors

18
Interrogations
  • People v Lara also said that other factors could
    be considered education, knowledge, whether
    youth could consult with family or friends,
    method of interrogation, whether youth had
    refused previously to give statements
  • Validity of waiver to be determined on a case by
    case basis

19
Other cases on interrogations
  • Fare v. Michael asking to speak to his
    probation officer not the same as asking for his
    attorney, statements were admissible
  • CA v Prysock Miranda warning worded slightly
    differently (taped), court ruled that it was
    understandable to the juvenile
  • Many jurisdictions require attorney and/or
    parent, just to be sure

20
Police discretion and juveniles
  • Problem of discretion need for flexibility, but
    it can be misused (can result in discrimination,
    especially against the poor and minority groups)
  • Considerable evidence that poor children and
    perceived and treated differently from middle
    class children

21
Studies of police discretion
  • More than ½ of police juvenile encounters are
    handled informally
  • Stationhouse detention
  • Factors affecting decision to handle
    formally/informally
  • Piliavin and Briar other factors being equal,
    the demeanor of the juvenile

22
Studies of police discretion
  • Other factors
  • Type and seriousness of offense
  • Wishes of the complaintant
  • Prior contacts
  • Race, sex and age
  • Perceived willingness of the parents to solve the
    problem

23
Discretion
  • Location
  • Police perception of community alternatives
  • Police department practices
  • Perceived community standards and norms
  • Racial bias? Mixed results
  • Police appear more likely to arrest minorities
    for more minor offenses, makes little difference
    for serious offenses

24
Discretion
  • African Americans more likely to be recommended
    for formal processing
  • However, greater involvement of minorities in
    offenses
  • Factors interact with others indicated above
    (perceived community standards, alternatives,
    etc.)

25
Police and gender bias
  • Paternalism, chivalry hypothesis
  • Police tend to be more lenient toward female
    delinquency, but treated them more harshly
  • Females more likely to be referred for status
    offenses
  • Inconclusive

26
Class bias
  • Youths growing up in poor areas had a
    significantly greater chance of having an arrest
    record than youths in other areas, regardless of
    the crime rates in these areas.
  • Might be a function of departmental policy to
    concentrate on certain areas

27
New directions law enforcement
  • Field interrogations
  • Foot patrol and neighborhood storefront police
    stations
  • Community mobilization programs (block watch,
    weed and seed, Neighborhood Watch, neighborhood
    cleanups, etc)
  • Community policing

28
Should discretion be controlled?
  • Policies?
  • Recording of decisions?
  • Narrowing the scope of the juvenile code?

29
Other directions
  • Mentoring
  • Curfews
  • Afterschool programs
  • School resource officers
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