Chapter 14

Class Name,Instructor Name

Date, Semester

Criminal Justice

CHAPTER 14JUVENILE JUSTICE

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


14.1

14.2

14.3

14.4

14.5

Summarize the problem of juvenile delinquency.

Describe the various types of juveniles in the juvenile justice system.

Outline the history of juvenile justice.

Outline the history and jurisdiction of juvenile courts.

Outline how juveniles are processed through the juvenile justice system.

CHAPTER OBJECTIVES



14.6

14.7

14.8

14.9

14.10

Compare the legal rights of juveniles and adults and their respective justice systems.

Summarize important U.S. Supreme Court decisions that have impacted the handling of juveniles in the

criminal justice system.

Summarize the issues related to the transfer of juveniles to the adult criminal justice system.

Summarize various strategies for reducing delinquency.

Define terms related to juvenile justice.

CHAPTER OBJECTIVES



Summarize the problem of juvenile delinquency.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

14.1


Institutions and Issues5

14.1



Describe the various types of juveniles in the juvenile justice system.


14.2

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved7

14.2

Undisciplined Child

Dependent Child

Delinquent Child

Abused Child

Status Offender

Neglected Child



Outline the history of juvenile justice.


14.3


14.3

Before There Was a Juvenile Justice System

Children Below the Age of 7 Were Presumed to Be Incapable of Criminal IntentCriminal Intent Was a Rebuttal Defense for Children Ages 7–14Young Offenders Over 14 Were Usually Tried and Punished as AdultsOffenders Under Age 7, and Offenders Under Age 14 Who Were Found by the Court Incapable of Criminal Intent, Were Not Subject to Trial or PunishmentThere Was No Juvenile Court for These Offenders; They Were Exempt from Punishment


14.3Juvenile Justice—1800s

Parens Patriae

Juvenile Conduct Was a

Product of Parental Control


14.3

Support for 'Parens Patriae' Is Waning

California and New York Move Toward Concept of Family Courts to Deal with Juvenile Offenders

Concern Is Raised Over Deprivation of Due Process Rights for Juveniles

Every State Had Established Some Form of Juvenile Court, Based Upon Principles of Positivism and Rehabilitation

Establishment of First Juvenile Court in U.S.

1970s 1962 1940s 1920 1899



Outline the history and jurisdiction of juvenile courts.


14.4



Outline how juveniles are processed through the juvenile justice system.


14.5



Current JuvenileJustice Process

Changes in Society

Changes in Laws

Changes in Supreme

Court Decisions

14.5



14.5

Source: Juvenile Offenders and Victims: 1999 National Report (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 1999).

Residential Placement Aftercare

Detention

Criminal Justice System

Probation or Other

Non-Residential

Non-Law Enforcement

Sources

Law Enforcement

ProsecutionJuvenile Court Intake

Formal Processing Adjudication

Revocation

Release

Revocation

Diversion

Diversion

Diversion

Statutory

Exclusion Prosecutori

al Discretion

Judicial Waiver

Informal Processing/Diversi

on

Diversion Release

Transfer to Juvenile

Court


14.5Juvenile Court Processing of Delinquency Cases

1,615,400 Estimated Delinquency Cases

Petitioned 934,900 58%

Not Petitioned680,500 42%

Waived7,100 1%

Adjudicated Delinquent624,500 67%Not Adjudicated Delinquent303,300 19%

Placed144,000 23%

Probation385,400 62%

Other Sanction85,000 14%

Released 10,000 2%

Probation22,900 8%


Dismissed214,000 71%

Probation210,300 31%


Dismissed263,400 39%

Source: Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and Victims: 2006 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2006).



14.5

17

Discretionary

Waiver

Presumptive Waiver

Mandatory Waiver



Compare the legal rights of juveniles and adults and their respective justice systems.


14.6



Summarize important U.S. Supreme Court decisions that have impacted the handling of juveniles in the criminal justice system.


14.7


14.7



Summarize the issues related to the transfer of juveniles to the adult criminal justice system.


14.8


14.8

Juvenile System

Adult Systemvs.


14.8

Procedure Juvenile AdultAct Delinquency CrimeApprehension Custody

PetitionArrest Indictment

Preadjudication DetentionAgree to findingDeny the petition

JailPlead GuiltyPlead not guilty

Adjudication Adjudicatory hearingAdjudicatedDelinquent

TrialConvictedCriminal

Corrections DispositionCommitment

SentenceIncarceration

Adult and Juvenile Justice System Terminology


14.8

Juvenile Justice System Philosophy



14.8 Processing of Youthful Offenders

Juveniles Who Commit Violent Crimes More Accountable for Their Actions

Adult System

Juvenile System


14.8

Juvenile Sanctions

Adult Sanctions

About 25 States Have Adopted a

Blended Sentencing

Option to Create a

"Middle Ground"



Juvenile Blended Sentencing Options

Source: Juvenile Offenders and Victims: 1999 National Report (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 1999).

14.8

Juvenile-Exclusive

BlendJuvenile

Court

AdultJuvenile

or

Juvenile-Inclusive

BlendJuvenile

Court

AdultJuvenile

and

Criminal-Exclusive

BlendCriminal

Court

AdultJuvenile

or

Criminal-Inclusive

BlendCriminal

Court

AdultJuvenile

and

Juvenile-Contiguou

s BlendJuvenile

Court

Adult

Juvenile



Summarize various strategies for reducing delinquency.


14.9


14.9


14.9Strategies for Safe Schools

Paying for Informatio

n

Reducing Weapons on School Property

Increasing Police

PresenceReducing Bullying



Define key terms related to juvenile justice.


14.10



14.1

14.2

14.3

A total of 10.7 million arrests were made in the United States in 2009. Of these, 14.1 percent involved juveniles (those

under age eighteen).Forty years earlier, however, more than 25 percent of all those arrested were under age eighteen. Table 14.2 makes it clear that a drop occurred in the proportion of juveniles arrested

from 1970 to 2009.The most commonly used indicator of delinquency is the rate

of juvenile arrests. Most of these arrests are for property crimes, although the proportion of juveniles arrested for

those crimes has decreased in the last two decades. Younger juveniles are arrested significantly less often than older juveniles, and the majority of those arrested are male.

When the first juvenile court was established in 1899, the emphasis of the juvenile justice process changed from

deterrence and incapacitation to rehabilitation. Objections to the parens patriae philosophy centered on the lack of legal counsel and basic due process protections, as well as the

failure of the state to reform delinquents. In the 1960s, these concerns were addressed through various modifications of

the juvenile justice system.

CHAPTER SUMMARY



14.4

14.5

The juvenile court was a significant innovation in that the concept of juvenile justice was altered from adjudication of guilt to diagnosis of a condition. The emphasis of the justice process

was changed from deterrence and incapacitation to rehabilitation, in order to assist, rather than punish, the juvenile.

Behavior patterns were seen as more important than specific acts because the acts were considered to be symptoms of some underlying problem. Also, juvenile court proceedings were civil rather than criminal proceedings, on the assumption that the

interests of the child were best served through informal adjudication involving no stigma of criminality.

The juvenile justice system has been an evolution. The current juvenile justice process has evolved as a result of changes in

society, laws, and Supreme Court decisions Jurisdiction of juveniles is related to the juvenile's age.

14.6

The Supreme Court has ruled that juvenile offenders and their parents must be notified of the charges early and in writing and that juveniles have a right to counsel and the right of protection

against self-incrimination. During the adjudicatory stage of a delinquency proceeding the charges must be proved beyond a reasonable doubt. The Supreme Court has ruled that juveniles have the same protection against double jeopardy as adults. In

ruling on preventive detention, the Court has placed the protection of the community above the needs of the child.

CHAPTER SUMMARY



14.7

14.8

14.9

14.10

See Table 14.6 on page 463 for Major Supreme Court Cases Involving Juveniles.

Recent statistics show that fewer juveniles are released and more are being sent to court; an increasing number are being

tried as adults. An increasing number of delinquents are being placed in institutions or other residential facilities for

juveniles. Recent legislation reflects the national trend toward punitive treatment of juveniles in a manner similar to

the treatment of adults.

To reduce the number of serious delinquents, action must be taken to address the conditions in which they live.

See page 473 for Key Terms.

CHAPTER SUMMARY