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Law, Justice, and Society: A Sociolegal Introduction

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Law, Justice, and Society: A Sociolegal Introduction Chapter 8 Juvenile Justice Juvenile Justice Civil law Delinquents versus status offenders Delinquents to ... – PowerPoint PPT presentation

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Title: Law, Justice, and Society: A Sociolegal Introduction


1
Law, Justice, and Society A Sociolegal
Introduction
  • Chapter 8
  • Juvenile Justice

2
Juvenile Justice
What Is Juvenile Delinquency?
  • Civil law
  • Delinquents versus status offenders
  • Delinquentsto leave undone
  • reflects rehabilitative nature

3
Juvenile Justice
The Extent of Delinquency
  • Juveniles commit a disproportionate percentage of
    the FBIs UCR Part 1 index crimes
  • Youths under 18 account for 13 percent of arrests
    for violent crime
  • Youths under 18 are only about 6 percent of the
    American population
  • Individuals who do not engage in some form of
    antisocial behavior are statistically abnormal

4
Juvenile Justice
The Extent of Delinquency
5
Juvenile Justice
Developmental Factors and Juvenile Delinquency
  • New York Academy of Sciences, four key messages
    in 2003
  • 1. Much of the behavior characterizing
    adolescence is rooted in biology intermingling
    with environmental influences to cause teens to
    conflict with their parents, take more risks, and
    experience wide swings in emotion.
  • 2. The lack of synchrony between a physically
    mature body and a still maturing nervous system
    may explain these behaviors.
  • 3. Adolescents' sensitivities to rewards appear
    to be different than in adults, prompting them to
    seek higher levels of novelty and stimulation to
    achieve the same feeling of pleasure.
  • 4. With the right dose of guidance and
    understanding, adolescence can be a relatively
    smooth transition.

6
Juvenile Justice
Biological Factors
  • Puberty is followed by a 10-to-20-fold rise in
    testosterone
  • Testosterone linked to aggression
  • Adolescent brain is immature and this is
    reflected in common behavior

7
Juvenile Justice
Developmental Factors and Juvenile Delinquency
  • Almost all juveniles commit antisocial acts (esp.
    males)
  • Only a small percent (about 15 percent)
    continuing committing crimes
  • Adolescent limited versus life-course persistents
  • Across history and culture, juvenile delinquency
    widespread
  • Individuals (especially males) who do not engage
    in some form of antisocial behavior are
    statistically abnormal (Moffitt and Walsh 2003)

8
Juvenile Justice
History and Philosophy of Juvenile Justice
  • Branch of civil law
  • Young children considered to be property
  • The idea of not assigning culpability to young
    children is relatively new
  • common law, age 7

9
Juvenile Justice
History and Philosophy of Juvenile Justice
  • Early Rome, Children considered property of
    father
  • patria potestas
  • Fourth-century Rome, Fathers power was limited
  • paterna pietas
  • Middle Ages,
  • children under 7 were not responsible
  • special status for children 7-14
  • 14 cut-off age for adulthood (marry-able)

10
Juvenile Justice
Institutional Control
  • Thirteenth century, courts adopted parens patriae
  • Gave king the right to intercede and act in the
    best interest of the child
  • State and not parents had authority over children
  • binding out
  • vagrancy and laziness laws
  • brideswells

11
Juvenile Justice
Childhood in the United States
  • British youth were sent to the colonies as
    indentured students
  • Juveniles arrested were placed in jails with
    adults
  • Society for the Prevention of Pauperism
  • primary causes of criminal behavior were economic
  • give children food, shelter, and vocational
    training
  • New York House of Refuge in 1825

12
Juvenile Justice
Childhood in the United States
  • Children sent to this facility remained until
    determined to be rehabilitated
  • Ex Parte Crouse (1838)
  • parental rights are superseded by the best
    interest of the child doctrine
  • Purpose of House of Refuge was to train and care
    for children but acted like Brideswells

13
Juvenile Justice
The Child Savers
  • Middle class discontent with government
    corruption and inefficiency
  • Progressives sought for professionalization of
    public service
  • Child Savers began ideological attack on the
    houses of refuge
  • Believed that juveniles could be molded into
    better citizens

14
Juvenile Justice
The Child Savers (cont.)
  • Placed children in arms in the western US
  • Motives may have been less than altruistic
  • Many believed the poor to be innately criminal,
    poverty sign of personal defects

15
Juvenile Justice
The Beginning of the Juvenile Courts
  • 1899 Cook County, IL
  • Every state had one by 1945
  • Used civil law, preponderance of the evidence
  • Judges given wide latitude
  • Different terms (euphemisms?) than the adult
    system

16
Juvenile Justice
Terminology
  • Arrested taken into custody
  • Indictment/information petitions the corut
  • Defendant respondent
  • Arraigned hearing
  • Plead admits or denies
  • Jury trial adjudicatory hearing
  • Guilty adjudicates respondent delinquent

17
Juvenile Justice
Terminology (cont.)
  • Presentence investigation report
    predispositional or social inquiry report
  • Incarcerated detained
  • Prison training school
  • Paroled aftercare

18
Juvenile Justice
Juvenile Waiver to Criminal Court
  • Waiver to adult criminal court
  • Lose status as minors are legally culpable for
    alleged crime
  • Age criterion varies from state to state
  • Always an option, but only regularly used in the
    late 1970s
  • About 1.5 percent of juvenile cases are waived

19
Juvenile Justice
Juvenile Waiver to Criminal Court
  • Judicial waiver
  • Prosecutorial discretion/direct file
  • Statutory exclusion/legislative waiver
  • Presumed social benefits have not materialized
  • Does not guarantee more punitive disposition

20
Juvenile Justice
Extending Due Process to Juveniles
  • Haley v. Ohio 1948
  • Fourteenth Amendment prohibits police from
    violating due process clause in obtaining
    confessions from juveniles
  • illegal confessions are inadmissible in court
  • Kent v. United States 1966
  • waiver decision is a critically important stage
  • juveniles have constitutional rights

21
Juvenile Justice
Extending Due Process to Juveniles (cont.)
  • In Re Gault 1967
  • established five basic due process rights for
    adjudication hearings
  • 1. Proper notification of charges
  • 2. Legal counsel
  • 3. Confront witnesses
  • 4. Privilege against self-incrimination
  • 5. Appellate review

22
Juvenile Justice
Extending Due Process to Juveniles (cont.)
  • In Re Winship 1970
  • beyond a reasonable doubt standard necessary when
    incarceration is a possibility
  • McKeiver v. Pennsylvania 1971
  • juveniles do not have the right to a jury trial
  • Breed v. Jones 1975
  • double jeopardy applies between juvenile and
    adult courts

23
Juvenile Justice
Extending Due Process to Juveniles (cont.)
  • Schall v. Martin 1977
  • preventative detention is constitutional
  • How do these cases both reflect and refute the
    doctrine of parens patriae?

24
Juvenile Justice
The Juvenile Death Penalty
  • 1973-2003, 22 juvenile offenders executed in
    United States
  • 13 of those in Texas
  • Four USSC cases

25
Juvenile Justice
The Juvenile Death Penalty (cont.)
  • Eddings v. Oklahoma 1982
  • court must consider all mitigating factors
  • Thompson v. Oklahoma 1988
  • age of 16
  • Stanford v. Kentucky 1989
  • constitutionally permissible to execute juveniles
    who committed their crime when they were 16, or
    17.

26
Juvenile Justice
The Juvenile Death Penalty (cont.)
  • Roper v. Simmons 2005
  • age of 18 is the new age line
  • Eighth Amendmentcruel and unusual punishment
  • this case brought amicus curiae (friend of the
    court) briefs to argue one way or the other

27
Juvenile Justice
Eroding Distinctions Between Adult and Juvenile
  • Preceding cases created procedures which mirrored
    adult courts
  • Megans Law and juvenile sex offenders

28
Juvenile Justice
Restorative Justice
  • What is restorative justice?
  • Compromise between hard punishment and soft
    rehabilitation
  • Holds offender accountable while healing the harm
    done to the victim and the community
  • Often involves face to face contact between
    victim and criminal

29
Juvenile Justice
Restorative Justice (cont.)
  • Balanced Approach - focuses on three equally
    important components for sanctioning of juveniles
  • 1. Hold juveniles accountable
  • 2. Protect the community
  • 3. Competency development programs
  • VORPS
  • very successful (97 percent satisfaction among
    victims)
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