CJ © 2011 Cengage Learning Chapter 15 The Juvenile Justice System.

CJ

© 2011 Cengage Learning

Chapter 15Chapter 15

The Juvenile Justice The Juvenile Justice SystemSystem


Learning Outcomes

LO1: Describe the child-saving movement and its relationship to the doctrine of parens patriae.

LO2: List the four major differences between juvenile courts and adult courts.

LO3: Describe the four primary stages of the pretrial juvenile justice procedure.

LO4: Explain the distinction between an adjudicatory hearing and a disposition hearing.

LO5: Describe the one variable that always correlates with highly juvenile crime rates.

1LO


Describe the child- saving movement and its

relationship to the doctrine of parens

patriae.


Learning Outcome 1

parens patriae:• The state not only has a right but

also a duty to care for children who are neglected, delinquent, or in some other way disadvantaged.


Learning Outcome 1

Child Savers:• Illinois Juvenile Court Act (1899)

– First court created specifically for juveniles guided by parens patriae.

2LO


List the four major differences between

juvenile courts and adult courts.


Learning Outcome 2

•No juries•Different terminology•No adversarial relationship•Confidentiality


Learning Outcome 2

Status Offenses•An act that is considered grounds for

apprehension and state custody.•Smoking, drinking, truancy,

disobeying teachers, running away from home, violating curfew, sexual activity, profane language.


Learning Outcome 2

Juvenile delinquency•Conduct that would be criminal if

conducted by an adult.


Learning Outcome 2

Constitutional Protections and the Juvenile Court:

• Kent v. United States (1966)• In re Gault (1967)• In re Winship (1970)• Breed v. Jones (1975) • McKeiver v. Pennsylvania (1971)


Learning Outcome 2

• The Supreme Court decisions from 1966-1975 move the juvenile justice system away from parens patriae and towards a more formalized system.


Learning Outcome 2Determining Delinquency• Age• Culpability


3LO


Describe the four primary stages of pretrial

juvenile justice procedure.


Learning Outcome 3

The four primary pretrial stages are:• Intake• Pretrial diversion• Waiver to adult court• Detention


Learning Outcome 3

The intake officer has a number of options:

• Dismiss the case• Divert the offender• File a petition• Transfer the case to adult court


Learning Outcome 3

Categories of pretrial diversion:• Probation• Treatment and aid• Diversion


Learning Outcome 3

Methods of transfer to adult court:• Judicial waiver• Automatic transfer• Prosecutorial waiver


CAREERPREPJuvenile Detention Officer

Job Description:• Oversee the detention of juvenile offenders being held in temporary

custody before the adjudicatory process begins. Observe the behavior of and, when necessary, counsel the juvenile offenders to ensure their safety during the detention period.

• Maintain personal relationships with the juvenile offenders so as to supervise their progress in educational, recreational, and therapeutic activities while housed at the detention center.

What Kind of Training Is Required?• A high school diploma plus at least three years of work experience

involving children of school age (seven to seventeen years) or one year of college education for each year of experience lacking.

• Physical agility and strength, as well as a firm manner in dealing with juveniles who may present severe disciplinary problems.

Annual Salary Range?$23,300–$33,700

For additional information, visit: www.npjs.org.


Learning Outcome 3

Detention: • Justifications for detention:

– The child poses a danger to the community– The child return for adjudication process– Detention will provide protection for the child

• Schall v. Martin (1985) – Supreme Court upheld preventive detention

4LO

© 2011 Cengage Learning © 2011 Cengage Learning

Explain the distinction between an adjudicatory

hearing and a disposition hearing.


Learning Outcome 4

Adjudicatory hearing:• Goal – providing the respondent with

“the essentials of due process and fair treatment.”

• Respondent has right to notice of charges, counsel, confrontation, cross-examination, and protection from self-incrimination.


Learning Outcome 4

Disposition hearing:• Follows the adjudicatory hearing• Judge decides what steps will be taken

toward treatment or punishment


Learning Outcome 4

Sentencing Juveniles:• The needs of the child• Predisposition report• Judicial discretion


Learning Outcome 4Juvenile corrections is based on the

concept of graduated sanctions:• Probation (the most common

sanction)• Non-secure confinement• Secure confinement• Aftercare


Learning Outcome 4

Non-secure confinement:• Foster care• Group homes• Family group homes• Rural programs


Learning Outcome 4

Secure Confinement:• Boot camps• Training schools

Aftercare:• Focused on reentry


CAREERPREPYouth Worker

Job Description:• Provide safety, security, custodial care, discipline, and

guidance for youths held in juvenile correctional facilities.• Play a critical role in the rehabilitation of youthful offenders

and, as a result, have a potentially great impact on their success during and after incarceration.

What Kind of Training Is Required?• A bachelor’s degree in human services, behavioral science, or

a related field.• Professional and respectful communication skills and a

commitment and dedication to the needs of adolescent offenders and their families.

Annual Salary Range?$33,000–$52,000

For additional information, visit: www.youthtoday.org/template/index.cfm.


Mastering Concepts

The Juvenile Justice System versus the Criminal Justice System


Learning Outcome 4Juveniles are responsible for:• 10 percent of all murders• 13 percent of all aggravated assaults• 15 percent of all forcible rapes• 23 percent of all weapons arrests• 27 percent of all robberies• 26 percent of all property crimes• 11 percent of all drug offenses


Source: Office of Juvenile Justice and Delinquency Prevention, Statistical Briefing Book, at www.ojjdp.ncjrs.org/ojstatbb/crime/JAR.asp.


Learning Outcome 4Reasons for the decline in juvenile

arrest rates:• Decline of crack cocaine• The increase of police action

against “quality-of-life” crimes• “zero-tolerance” policies


Learning Outcome 4

School Violence:• Juveniles are 50x more likely to be

murdered away from school• Schools are safer today than they

have been in the past• 85% of schools control access

during the school day

5LO


Describe the one variable that always correlates

highly with juvenile crime rates.


Learning Outcome 5

Risk factors for juvenile offending:• Age• Substance abuse • Child abuse and neglect• Gangs • Guns

CJ © 2011 Cengage Learning Chapter 15 The Juvenile Justice System.

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