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Juvenile Justice

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Chapter 13 Juvenile Justice Chapter 13 Juvenile Justice Disposition Because of recent heightened concerns about violent juvenile offenders, many states have ... – PowerPoint PPT presentation

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Title: Juvenile Justice


1
  • Chapter 13
  • Juvenile Justice

2
Historical Development of Juvenile Justice
  • From a historical perspective, juvenile
    delinquency and a separate justice process for
    juveniles are recent concepts.

3
juvenile delinquency
A special category of offense created for
youthsthat is, in most U.S. jurisdictions,
persons between the ages of 7 and 18.
4
The Development of Institutions for Youth
In the beginning of the 19th century, American
cities were seeing tremendous growth,
particularly because of immigration and, in later
years, industrialization.
5
The Houses of Refuge
Houses of refuge were designed to be institutions
where children could be reformed and turned into
hard-working members of the community.
A child could be committed to a house of refuge
by a constable, by a parent, or on the order of a
city alderman.
6
houses of refuge
The first specialized correctional institutions
for youths in the United States.
7
The Houses of Refuge
Children in houses of refuge engaged in a daily
regimen of hard work, military drills, and
enforced silence, as well as religious and
academic training.
After reformation, boys were frequently
indentured to masters on farms or to tradesmen,
and girls were placed in domestic service.
8
Probation
Boston shoemaker John Augustus, the father of
probation, volunteered in 1841 to provide bail
for and to supervise minor offenders.
9
The Development of the Juvenile Court
During the late 1800s, a new groups of reformers,
the child savers, began to advocate a new
institution to deal with youth problems
The juvenile court.
10
The Legal Context of the Juvenile Court
By the late 1800s, legal mechanisms for treating
children differently and separately from adults
were being put in place.
The first juvenile court was established in 1899
in Cook County Illinois
11
The Legal Context of the Juvenile Court
  • The doctrine of parens patriae served as the
    foundation for the juvenile court

12
parens patriae
The legal philosophy justifying state
intervention in the lives of children when their
parents are unable or unwilling to protect them.
13
The Legal Reform Years In re Gault
In the landmark case, In re Gault (1967), the
U.S. Supreme Court gave juveniles a number of due
process protections
  • The right against self-incrimination
  • A right to adequate notice of charges against
    them
  • A right to confront and to cross-examine their
    accusers

continued
14
The Legal Reform Years In re Gault
  • The right to assistance of counsel
  • The right to sworn testimony and appeal

15
The Legal Reform Years The Juvenile Court After
Gault
The courts ruling in Gault and other cases not
only increased procedural formality in juvenile
court cases, but also shifted the traditional
focus from the whole child to the childs act.
From there, it was a short step to offense-based
sentencing and punitive orientation.
16
The Legal Reform Years The Juvenile Court After
Gault
Juvenile court procedures are still characterized
by an informality that most people would find
unacceptable if it were applied to adults in
criminal court.
17
The Formal Juvenile Justice Process
The police represent the primary gatekeepers to
the formal juvenile justice process.
  • 85 percent of delinquency cases referred to the
    juvenile courts come from police agencies.
  • Status offenses are often referred by others.

18
status offenses
Acts that are not crimes when committed by adults
but are illegal for children (for example,
truancy or running away from home).
19
The Police Response to Juveniles
Typical responses that police officers employ in
handling juvenile cases are
  • Warn and release
  • Refer to parents
  • Refer to a diversionary program operated by the
    police or another community agency
  • Refer to court

20
Trends in Police Processing of Juveniles
In recent years, there has been a trend toward
more formal processing of juveniles taken into
police custody, particularly
  • Referring more youths to juvenile court
  • Handling fewer cases within police departments
  • Referring more cases to criminal courts

21
Diversion
The goal of juvenile diversion programs is to
respond to youths in ways that avoid formal
juvenile justice processing.
Diversion usually occurs before adjudication.
22
Diversion
Diversion programs are based on the understanding
that formal responses to youths who violate the
law do not always protect the best interests of
children or the community.
23
Detention
Sometimes a youth is held in secure detention
facility during processing. There are three
primary reasons for this practice
  1. To protect the community from the juveniles
  2. To ensure that the juvenile appears at a
    subsequent stage of processing
  3. To secure the juveniles own safety

24
Intake Screening
When the decision to arrest a youth is made, or a
social agency such as a school alleges that an
offense has occurred, the next step in the
juvenile justice process is intake screening.
25
intake screening
The process by which decisions are made about the
continued processing of juvenile cases. Decisions
might include dismissing the case, referring the
youth to a diversion program, or filing a
petition.
26
Transfer, Waiver, or Certification to Criminal
Court
Since the early days of the juvenile court, state
legislatures have given juvenile court judges
statutory authority to transfer certain juvenile
offenders to criminal court.
27
transfer
The act or process by which juveniles who meet
specific age, offense, and (in some
jurisdictions) prior-record criteria are
transferred to criminal court for trial
sometimes called waiver or certification.
28
The Adjudication Hearing
When a petition is filed at intake and the case
is not transferred to criminal court, the next
step is adjudication. Preliminary steps include
  • Filing a petition
  • Setting a hearing date
  • Notifying the necessary partiesthe youth, the
    parents, and witnesses

29
The Adjudication Hearing
When charges specified in the petition are
contested by a juvenile and the juvenile is
represented by an attorney, another critical
event often takes place before adjudication
  • a plea bargain

30
The Adjudication Hearing
There are two types of adjudications
Contested
Uncontested
Similar to a trial. Usually a bench adjudication,
not a jury trial
A brief hearing in which the youth admits the
charges.
31
Disposition
Disposition is the juvenile court equivalent of
sentencing in criminal court.
Disposition
An order of the court specifying what is to be
done with a juvenile who has been adjudicated
delinquent. A disposition hearing is similar to a
sentencing hearing in criminal court.
32
Disposition
  • Some of the options available are
  • Probation
  • Placement in a diversion program
  • Restitution
  • Community service
  • Detention
  • Placement in foster care

continued
33
Disposition
  • Placement in a long-term or short-term
    residential treatment program
  • Placement with a relative
  • Placement with the state for commitment to a
    state facility
  • Or a combination of the above

34
Disposition
Because of recent heightened concerns about
violent juvenile offenders, many states have
legislatively redefined the juvenile courts
mission by deemphasizing the goal of
rehabilitation and stressing the need for public
safety, punishment, and accountability.
35
Disposition
The philosophical focus has also changed from
offender-based dispositions to offense-based
dispositions, including
  • Blended sentencesboth juvenile and adult
    sanctions
  • Mandatory minimum sentences for specific types of
    offenders
  • Extension of juvenile court dispositions beyond
    the offenders age of majority

36
Probation
Probation is the most frequently used
correctional response for youths who are
adjudicated delinquent in juvenile courts.
37
Probation
Probation officers usually perform four important
roles in the juvenile justice process
  • Performing the intake screening
  • Conducting presentence investigations
  • Supervising offenders
  • Providing assistance to youths placed on probation

38
Probation
A recent trend in juvenile probation is the
development of intensive-supervision (probation)
programs, which in some jurisdictions involve
home confinement.
39
Restitution
In practice, there are three types of restitution
  • Monetary restitutionThe youth pays cash to the
    victim for harm done.
  • Victim-service restitutionThe youth provides
    some service to the victim.
  • Community-service restitutionThe youth provides
    assistance to a community organization.

40
Wilderness Probation (Outdoor Adventure) Programs
Wilderness probation programs involve youths in a
physically and sometimes emotionally challenging
outdoor experience intended to help them
  • Develop confidence in themselves
  • Learn to accept responsibility for themselves and
    others
  • Develop a relationship of trust with program staff

41
Day Treatment Programs
Day treatment programs provide treatment or
services during the day and allow youths to
return home at night.
  • It is believed that they are
  • Cost-effective
  • Effective at protecting the community
  • Can provide a range of services

42
Foster Homes
Foster homes are out-of-home placements intended
to resemble, as much as possible, a family
setting. It is usually used by a court when a
youths home life has been particularly chaotic
or harmful.
43
Group Homes
Group homes are open, nonsecure community-based
facilities used either as an alternative to
incarceration or to help youths transition to
home.
Group homes are generally larger than foster
homes, less impersonal than institutions, and
less expensive than institutional placements.
44
Juvenile Correctional Institutions
Institutional programs are the most restrictive
placements available to juvenile courts.
However, juvenile institutions vary in the
extent to which they focus on custody and control.
45
Juvenile Correctional Institutions
Secure facilities employ
  • Open facilities
  • have no perimeter fencing
  • Leave entrances and exits unlocked
  • rely heavily on staff
  • perimeter fencing
  • barbed wire
  • surveillance devices
  • monitoring of residents movements
  • restricting residents access to the community

46
Juvenile Correctional Institutions
Juvenile correctional institutions vary
  • Some are public, some are private
  • Many are small40 residentssome house as many as
    800 residents
  • Some are co-ed
  • Detention centers and diagnostic centers are
    designed for short-term stays

continued
47
Juvenile Correctional Institutions
  • Farms, ranches, forestry camps, and trainings
    schools are for long-term placements
  • Types of programming and quality of care
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