Intro to cj ch 13 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 13: The Juvenile Justice System



13.1

13.2

13.3

13.4

Identify the foundations of the juvenile justice system.

Summarize the jurisdiction of the juvenile justice system

and the classification of juvenile offenders.

Explain how landmark court cases have influenced the due

process rights of juveniles.

Summarize why and in what ways states are changing the

age of accountability.

13.5Describe the juvenile justice system, including post-adjudications options for treatment and punishment

of juveniles.

CHAPTER OUTCOMES



13.6

13.7

13.8

Summarize the contributions of research and theory tounderstanding the causes of juvenile delinquency andoffending, including youth gangs and substance abuse.

Identify the challenges of preventing school violence and

bullying and strategies that have been used to respond to

this problem.Describe the role of the juvenile justice system in

protectingjuveniles from abuse and victimization.

CHAPTER OUTCOMES



13.1 Identify the foundations of the juvenile justice system.

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



Foundations of Juvenile Justice13.1

• Juvenile cases were fairly rare in the founding years of the U.S.

• However, as industrialism and immigration gave rise to swelling populations in cities such as New York and Philadelphia, the public began to see a problem with the "disorderly conduct" of children that was not being contained by parents.

• In a society that had no social safety net to provide for people in need, institutions of confinement often housed all "offenders" together without regard for offense, age, or gender.

• The foundation of the various reform movements was society's acceptance of the premise that there are significant and fundamental differences between adults and juveniles.



New York House of Refuge13.1

• In the early 1800s, various private reform groups provided services to divert young offenders and remove juveniles in need from the criminal justice system.

• The New York House of Refuge was the first privately managed and funded home but it was endorsed and financially supported by the state of New York.

• Children were separated by gender and the main focus was on education, labor, and discipline to reform them.



New York House of Refuge13.1

•The New York House of Refuge had the authority to place those under its charge in private industry through indenture agreements by which employers agreed to supervise the youths in exchange for their labor.

•Other states followed the New York model for juvenile offenders.



13.2Summarize the jurisdiction of the juvenile justice system and the classification of juvenile offenders.




Jurisdiction of the Juvenile Justice System13.2

• Toward the end of the nineteenth century, the concept of parens patriae , or "state as parent and guardian," began to become the predominant theme in structuring state agencies responsible for juveniles.

• Illinois was the first state to use the concept of original jurisdiction, the concept that because juvenile court is the only court that has authority over juveniles, they cannot be tried (for any offense) by a criminal court unless the juvenile court grants permission for an accused juvenile to be waived to criminal court.

• Waiving is granting permission for an accused juvenile to be moved from juvenile court to criminal court.




•The juvenile court was self-contained and had its own probation and parole system and its own correctional system.

•By 1910, 32 states had established juvenile courts and/or probation services.

•The juvenile court removed the child from the authority of the criminal court, but it also assumed greater authority over the child than the criminal court had over accused adults.




•The juvenile court assumed authority over children in three situations:

1. When the welfare of the child was threatened2. When the child was a status offender3. When the child was a delinquent

•Juveniles who committed offenses were classified as status offenders or delinquents.



Two Types of Juvenile Offenders13.2

Status Offenders

•Children who have committed an act or failed to fulfill a responsibility for which, if they were adults, the court would not have any authority over them•Offenses include running away, smoking, drinking alcohol

Delinquents

•Accused of committing an act that is criminal for both adults and juveniles•Crimes are not divided between felony and misdemeanors

vs.



Juvenile Superpredator13.2

A term used by the Office of Juvenile Justice and Delinquency Prevention to describe a juvenile who commits violent felony crimes.



13.3Explain how landmark court cases have influenced the due process rights of juveniles.




Due Process for Juveniles13.3

• In the beginning, unlike the criminal justice system, neither state supreme courts nor the U.S. Supreme Court provided significant review and oversight of juvenile justice courts.

• From the beginning, some were critical of the lack of due process based on the assumption of the benevolent nature of the juvenile court.

• Although there were some abuses of due process, many of the juvenile courts did operate with the intent to promote the best interests of the child.

• During the 1960s, the U.S. Supreme Court abandoned its hands-off doctrine and began to examine the need for due process rights for juveniles.




Kent v. United States

(1966)In re Gault

(1967)In re Winship

(1970)

A Supreme Court case that marked the departure of

the Supreme Court from its

acceptance of the denial of due

process rights to juveniles.

A case in which the Supreme

Court provided due process rights

to juveniles, including

notice of charges, counsel, right to

examine witnesses, and right to remain

silent.

A case in whichthe Supreme

Court ruled that the

reasonable doubt standard, the same used in criminal trials,

should be required in all delinquency

adjudications.




McKeiver v. Pennsylvania

(1971)

Breed v. Jones(1975)

Schall v. Martin(1970)

A case in which the Supreme Court denied

juveniles the right to a trial by jury.


Court ruled that once a juvenile

has been adjudicated by a juvenile court, he or she cannot be

waived to criminal court to be tried

for the same charges.


Court upheld the right of juvenile courts to deny

bail to adjudicated juveniles.



Separation of Juveniles and Adults13.3

• Due process rights for juveniles are extensively influenced by the federal Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA), amended in 2001.

• The act provides the major source of federal funding to states for the improvement of their juvenile justice systems, services, and facilities.



Separation of Juveniles and Adults13.3

• The provisions of the JJDPA provide that juveniles may not be detained in adult jails and lockups except for limited times before or after a court hearing.

• When children are placed in an adult jail or lockup, except as provided by the exceptions in the JJDPA, "sight and sound" separation is required between adults and juveniles to keep children safe from verbal or psychological abuse that could occur from being within sight or sound of adult inmates.



13.4Summarize why and in what ways states are changing the age of accountability.




The Juvenile Waiver13.4

• The U.S. Supreme Court has declared that the rights in the Fifth, Sixth, and Seventh Amendments are not restricted by age or the professed intent of the court to "help" the child.

• Juvenile offending peaked in the mid-1990s with about 2.9 million arrests of teenagers younger than 18.

• The public perception of the threat from juvenile crime has continued to exert pressure on the juvenile justice system to change its focus from rehabilitation to punishment.




• Spurred by public concern over violent juvenile crimes, states have abandoned the "great experiment" that juveniles were not responsible for the crimes they commit and have changed the provisions for transferring juveniles to the criminal court.

• The age at which a juvenile has the necessary maturity to form criminal intent and be fully accountable for his or her crime has not been resolved by researchers or state law and varies from state to state.




• Each state has its own name for the process of moving the juvenile from the authority of the juvenile court to the adult criminal justice system.

• Common terms for the process include judicial waiver, certification, remand, bind over for criminal prosecution, transfer, and decline (when waiver is denied).

• Some states have established waiver criteria based on the offense independent of the age of the accused offender.




Statutory Exclusion

The provision that allows juveniles to be transferredto criminal court without

review by and approval of the juvenile court.

Blended Sentencing Option

An option that allows the juvenile or criminal court to impose a sentence that can

include confinement in a juvenile facility and/or in an

adult prison after the offender is beyond the age

of the juvenile court's jurisdiction.



13.5Describe the juvenile justice system, including post-adjudication options for treatment and punishmentof juveniles.




Processing In The Juvenile Justice System13.5

• Although U.S. Supreme Court decisions have provided more commonality in the due process rights of juveniles, the actual processing, the agencies, and the personnel involved in moving a juvenile from intake to rehabilitation differs from state to state.

• In a sense, there is no single juvenile justice system, but a collection of juvenile justice systems.

• How juveniles are processed through the system depends on the state and sometimes the geographical region of the state in which the juvenile court is located.



Three Models of Classifications13.5

Centralized Decentralized Combination

Characterized by a state executive

agency having across-the-board state control of

delinquencyservices,

including state-run juvenile probation services,

institutionalcommitments, and aftercare

Characterized by local control of

the various juvenile services, such as juvenile

courts,child welfare agencies, and

aftercare services

The organization of the juvenile

system is a mixture of state-controlled and

locallyoperated juvenile

services



Detentionand

Probation

The Juvenile Justice System13.5

Adjudication

FormalProcessin

g

JuvenileIntake Officer

Adult orJuvenileJurisdicti

onIntake

Processing the offender



Processing in the Juvenile Justice System13.5

• The intake officer will take a life history, which is an assessment by the juvenile intake/probation officer of the juvenile and his or her past behavior, living conditions, parents/guardians, and school behavior.

• If possible, in lieu of further processing, the juvenile intake officer will refer the juvenile and/or parent(s) or guardian to mental health care, a welfare agency, a diversion program, a counseling program, a school program, or a similar alternative.



Processing in the Juvenile Justice System13.5

• If the intake officer handles the case informally, they will place conditions on the juvenile and the juvenile intake officer will commit these conditions to writing, specify the time frame, and obtain the agreement of the child and/or parent(s) or guardian. These conditions are generally called a consent decree.



Formal Processing of the Juvenile13.5

• Once the case is referred to the juvenile court for formal processing, known as a juvenile adjudication hearing, the juvenile judge becomes the central figure in determining how the case is to be processed.

• If the juvenile intake officer deems a formal hearing appropriate, a delinquency petition or waiver petition is forwarded to the juvenile court judge.

• Unlike adult criminal trials that are rigorously scripted as to form and procedure, there is more leeway in juvenile adjudication hearings.

• The court decides if it is legal and appropriate to the adult court. An alternative to formal processing by the juvenile court is to refer the juvenile to an alternative court, such as teen court or drug court.



Detention and Aftercare13.5

• When a juvenile is adjudicated and his or her petition is sustained, the judge then decides whether the delinquent youth should become a ward of the state and be placed in a residential facility or enter a course of rehabilitation such as drug or alcohol counseling, restitution, or community service.

• If the juvenile is declared a ward of the state, it means that the state exercises its right of parens patriae and assumes primary responsibility for the health and well-being of the child.



Detention and Aftercare13.5

• The court can place the juvenile in the following:

1. Residential placement – which have levels of security

2. Foster Care – removal from the home3. Juvenile probation – also called "aftercare"4. Juvenile Boot Camps – Similar to adult camps5. Private Boot Camps – offer a variety of

settings such as wilderness, at sea, and military-style camps



Landmark Juvenile Death Penalty Cases13.5

Thompson v. Oklahoma

Roper, Superintendent

, PotosiCorrectional

Center v.Simmons

Graham v. Florida

Miller v. Alabama

The Supreme Court ruled that

national standards of

decency did notpermit the

execution of any offender under age 16 at the time of the

crime.


Court held thatthe Eighth and

FourteenthAmendments

forbid impositionof the death penalty on offenders

who were under the age of 18

when their crimes were committed.

A case inwhich the U.S. Supreme Court

held that juveniles tried

asadults cannot

be sentenced tolife in prison

without parole for nonhomicide

offenses.

A case inwhich the U.S. Supreme Courtextends the ban on sentences of

life without parole for

juveniles guilty of homicide

offenses.



13.6

Summarize the contributions of research and theory to understanding the causes of juvenile delinquency and offending, including youth gangs and substance abuse.




Sociological Explanations13.6

In general, sociological research and theories focusing on juveniles attempts to identify the following:

• When children first start offending• What influences their decision• What reinforces delinquent behavior• What is the impact of influences such as social

norms, school, culture, self-image, and parenting on juvenile behavior




•Many of the researchers whose theories have been helpful in the clarification of juvenile delinquency tended to focus their research on delinquency in school-aged children.

•Recent research has suggested that the origins of serious and violent juvenile criminality (and later adult criminality) may be found in risk factors that begin early in life.




In 1998, the OJJDP formed a Study Group on Serious and Violent Juvenile Offenders. The Study Group reported the following: •There is a significant relationship between delinquency and persistent disruptive behavior as a young child.•Behavior and influences that place a child at risk for an early career of disruptive behavior and child delinquency can be identified as early as two years of age and include many factors that have been identified by the more popular criminological theories of crime causation.




•In a later study, the major finding was that "incarceration may not be the most appropriate or effective option, even for many of the most serious adolescent offenders."



Youth Gangs13.6

• Youth gangs are difficult-to-define juvenile groups distinct from adult gangs that mimic adult gangs and are significant sources of criminal activity and violence.

• According to a review of the research data by the OJJDP, historically gang members have been primarily young adult males from homogeneous lower-class, inner-city ghetto, or barrio neighborhoods.

• There has been a large increase in female gangs in recent years.



Youth Gangs13.6

Hybrid gangs are a new type of youth gang with distinctive characteristics that differentiate them from traditional gangs. Compared with traditional gangs, they are:

• Frequently school-based• Less organized• Less involved in criminal activity• Less involved in violence



Hybrid Gangs13.6



Juvenile Substance Abuse13.6

• Drug use and addiction are a serious problem in the U.S. and juvenile drug use is a serious problem as well. Various educational programs and initiatives have been created to deal with the problem.

• Drug Abuse Resistance Education (DARE) - A popular in-school antidrug program initiated by the Los Angeles Police Department in 1983 but abandoned when data failed to support its effectiveness.

• There are indicators that juvenile drug use is increasing in some niches.

• Marijuana, prescription drugs, and over-the-counter medications are the most abused drugs used by juveniles.



13.7Identify the challenges of preventing school violence and bullying and strategies that have been used to respond to this problem.




Schools and Juvenile Violence13.7

• Today, school violence is a major concern of society with the recent incidents of school shootings in the last several years.

• The fear and reaction to school violence may be due in part to the media coverage of such incidents and to the historical expectation of relative safety that has characterized schools.



Schools and Juvenile Violence13.7

• Bullying is making physical and/or psychological threats or abusing or tormenting another person. A large focus to today is on reducing bullying in schools.

• Schools have now been taking a zero tolerance policy which is school disciplinary policies that provide for mandatory disciplinary actions for any and all violations of school rules regardless of the student or circumstance.



Police Response to School Violence13.7

Contain and WaitA law enforcement

strategy for responding to shootings at schools and

colleges in which perimeter security is established and law enforcement officers

negotiate with the shooter.This was the strategy prior

to the Columbine High School Shooting.

Active ShooterA law enforcement

strategy for responding to shootings at schools and colleges in which the first officers on the scene seek and find the shooter and

neutralize him or her. This is the recommended

strategy today.



Strategies to Prevent School Violence13.7

Bans on cellphones

Zero tolerance policies

Reduce bullying

Police officers

in schools

Transfertroublemakers

to juvenilecourts

Expanded use of

expulsion

Increased security measures



13.8Describe the role of the juvenile justice system in protecting juveniles from abuse and victimization.




The Juvenile as a Victim13.8

While law enforcement and the criminal justice system play an important role in protecting children from victimization and promoting the health and welfare of children, other agencies often are central to protecting children from victimization and harm.

•Child protective services (CPS) is a government agency responsible for the health and welfare of children.

•CPS officers are social welfare workers, but they must work closely with law enforcement, as many incidents that threaten the welfare of the child are violations of the law.

•Certain crimes such as sexual intercourse by adults with underage juveniles may be designed as a strict liability crime, which does not require the prosecutor to prove mens rea, or criminal intent, by the perpetrator.



Laws to Protect Children13.8

Federal Kidnapping

Act(Lindbergh

Law)

1996 Federal

Sex Offender Registry

Amber AlertSystem

Caylee's Law

An act that made it a

federal offense to transport a

kidnapping victim across state lines.

A database of convicted sexoffenders who are required toregister with

law enforcement.

The registration data is

available to the public.

A system that provides law enforcement

with the ability to notify the public of a missing or

abducted childthrough media, technology, andsocial networks.

A law that requires

parents and/or guardians to

reporting missing

children in atimely manner.



In the early 1800s, private reform groups attempted to divert young offenders from the criminal justice system. By the mid-1800s, private institutions had

increased in major cities but could not provide adequate services. Eventually, many states found it

necessary to assume control over the various private juvenile reformatories to provide greater financial

support and oversight.

The first juvenile court was established in Cook County, Illinois, in 1899. The juvenile court was

established not as a criminal court, but as a government agency to provide youthful offenders with

a comprehensive and balanced approach to rehabilitation. More focus is placed on the best

interests of the child.

13.1

13.2

CHAPTER SUMMARY



Not until the 1960s did the Supreme Court abandon its hands-off approach to juvenile cases and become more

concerned with examining the need for due process rights for juveniles. The Supreme Court made

significant changes to the very nature of the juvenile justice system, declaring that juveniles do have due

process rights.

13.3

CHAPTER SUMMARY

The age at which a juvenile can be fully accountable for a crime varies by state. Some states have a

statutory exclusion provision that allows transferring juveniles to criminal court without review by and

approval of the juvenile court. A majority of states have adopted statutory exclusion and exclude certain

serious offenses from juvenile court jurisdiction,such as homicide and other serious crimes against

persons.

13.4



13.5

A juvenile intake officer interviews the child and the parent(s) or guardian and gathers a life history of the

child. If a case is referred to the juvenile court for formal processing, it is called a juvenile adjudication hearing. A delinquency petition asks a judge to hear the case in a formal hearing and determine whether

the juvenile is delinquent

Sociological research and theories focus on what influences a juvenile's decision to choose delinquent behavior. Many researchers are especially interested in youth gangs. An interesting emergence has been

hybrid youth gangs. Another area of interest involves female gangs. Juvenile drug use also is a serious

problem, as there appears to be a strong link between substance abuse and delinquent behavior.

13.6

CHAPTER SUMMARY



School violence is a major concern of society. The fear and reaction to school violence may be due in

part to the media coverage of school shootings. School shootings, nonfatal violence, and crime have resulted in significant changes in security. Schools

have adopted the use of metaldetector screening and zero-tolerance policies

prohibiting weapons. Reducing school bullying is another challenge for school administrators in

seeking to reduce violence.

The juvenile justice system is concerned about children who are victims of crime and about the health and welfare of children. A social service

agency that focuses primarily on the welfare of the child is child protective services (CPS). Three major concerns of the criminal justice system in protecting

youth are violence against children, sexual exploitation of children, and missing children.

13.7

13.8

CHAPTER SUMMARY