Juvenile Justice Overview Written by Written by Dale Herren, Deputy Probation Officer II.

Juvenile Justice Juvenile Justice OverviewOverview

Written byWritten by

Dale Herren, Deputy Probation Dale Herren, Deputy Probation Officer IIOfficer II

Historical PerspectiveHistorical Perspective**

Roots of probation can be traced to 16th century Europe and French educational and religious reform movements Changed the public view of children from

“miniature adults” to persons whose moral and cognitive capacities are not fully developed.

This led to the development of boarding schools with rigid requirements that would form the mentality and morality of the child.

The British doctrine of parens patriae (literally – parent of the country)* The right of the state to intervene in the

life of a child differently from the life of an adult.

Interpreted as the right of the King (state) to provide protection for persons who were not of full legal capacity.

Generally applied in cases of neglect and abuse and on behalf of insane and incompetent persons.

Emphasis on the welfare of the child.

The English Court of Chancery dealt with neglected, dependent, or destitute children. Any child over 9 years of age might be found guilty and punished for a felony, and even younger children were tried and sentenced for less serious offenses.

In 1796, a Quaker-led reform movement in New York City led to legislation which replaced whipping and death with confinement in newly built prisons for many offenses.

1823 – the Society for the Prevention of Pauperism in New York City report Focused on plight of the horde of “dirty-

mouthed children who thronged the city streets and subsisted on picking pockets and other crimes.”

Recommended erecting a house of refuge for vagrant and deprived young people and declared that the contamination of children by locking them up with mature criminals had been one of the worst consequences of the prison reform.

1824 – the New York Legislature granted the Society’s successor the authority to build a house of refuge for the reformation of juvenile delinquency.

The early houses of refuge in New York, Pennsylvania, Massachusetts, and Ohio were founded on the principles of education and religion.

By the 1850’s – a new type developed, exemplified by rural cottage institutions in Massachusetts and Ohio.

John Augustus – Father of Probation

Boston shoemaker 1841 – bailed a drunkard out of jail, took

him into his home in effort to reform him. 1847 – bailed 19 boys aged 7 – 15 years

Court understood and agreed that cases should be continued from term to term for several months as a season of probation.

Boys appeared monthly before the Court for five or six months.

1869 – Massachusetts legislature required a state agent to be present at any trial that might result in a child’s being placed in a reformatory.

Tasks of this agent: Alternative placement Protect child’s interest Investigate case before trial Supervise Court’s plan for child after

disposition.

1870 – Suffolk County, Massachusetts – children were tried separately from adults

1872 – State-wide

1878 – Massachusetts Probation became mandatory state-wide Salaried Probation Officers required for

each Court jurisdiction

By 1900 – Vermont, Rhode Island, New Jersey, New York, Minnesota, and Illinois had passed similar laws

1892 – New York, Indiana, and Rhode Island also passed laws to try children separately from adults.

1899 – Illinois Juvenile Court Act – Cook County – the first of its kind, not only in the US, but in the world.*

1900 – 1910 – Thirty two more states passed legislation establishing juvenile probation services.

By 1930 – Juvenile probation was legislatively authorized in every state except Wyoming.

The definition of delinquency was broadened shortly after the Illinois Juvenile Court Act to embrace both the list of peculiarly juvenile offenses, such as frequenting places where any gaming device was operated and the apparently all-encompassing “status offenses” of incorrigibility and growing up in idleness or crime.

1907 – the definition was again broadened to include: Running away from home Loitering Using profanity

Crime by juveniles was not seen as crime in the sense that it was for adults, but as evidence of delinquency.

Juvenile errors and omissions were not to be held against an offender in later life.

Court’s task was not to punish juvenile crime, but to guide delinquents to responsible and productive adulthood.

Juvenile Cases

Kent v U.S. 1966 Dealt with Transferring juveniles to adult

court; representation by attorney; access to juvenile records.

Four problems were seen Lack of hearing Lack of effective assistance of counsel Access to records Lack of statement of reasons for transfer

Miranda v Arizona - 1966

Recognized the need to impose strict constitutional limits upon custodial interrogation.

Requires a clear foundation for the waiver of the fundamental right against self-incrimination. Waiver must be both knowledgeable and voluntary.

Independent of any rights of the parents. Protects the child against the authority of

the state and against any conflicting interest or attitude of the parents.

In re Gault 1967* Adjudicatory Hearing; Notice of

charges; right to counsel; rights of confrontation at hearing

No “due process” rights or fundamental fairness standards made applicable.

Arizona case

1968 – the Juvenile Delinquency Prevention and Control Act was passed by Congress

In re Winship 1969 Standard of proof: beyond a reasonable

doubt - was the same standard as in civil cases

By a preponderance of the evidence = more than 50%

Reasonable doubt = the evidence, taken as a whole, tends to exclude every other reasonable explanation, except as charged, with a moral certainty.

1974 – the Juvenile Justice and Delinquency Prevention Act Created the Office of Juvenile Justice and

Delinquency Prevention within the U.S. Department of Justice

Deinstitutionalization of status offenders and non-offenders

Separation of incarcerated juveniles from adults

1984 – Schall v Martin – preventive pre-trial detention of juveniles; “fundamental fairness” standard of due process clause

1988 – Thompson v Oklahoma – did not authorize death penalty for 15 year olds

1989 – Wilkins v Missouri – death penalty ruled not cruel and unusual for 16 or 17 year olds

Other Cases

1971 – McKeiver v Pennsylvania – no right to trial by jury

1975 – Breed v Jones – double jeopardy: juvenile adjudication equated to criminal conviction

1978 – Swisher v Brady – no double jeopardy: in de novo (new) hearing or supplemental findings by judge after trial before a master

Definition of Delinquency

Includes offenses committed by juveniles that are in violation of federal, state, and local laws, which breaches of the law by adults would be punishable by fines or imprisonment;

Certain forms of behavior peculiar to youth, such as running away from home, excessive truancy from school, incorrigibility, and similar forms of deviant behavior;

And being in places or living in surroundings that are regarded as harmful to youth, and that lawfully may be interpreted as requiring official action.*

Delinquent/Incorrigible Acts* Parent, School or other notifies Law

Enforcement Law Enforcement issues

Citation Status Offenses – Acts by juveniles which constitute

a public offense only because committed by children Date set for appearance in Municipal or Justice

Court Juvenile placed on Summary Probation and given

consequences If copy received at Probation, entered into JOLTS

as Information Only – no further action. If juvenile fails to comply, lower courts forward to

Probation and a Petition may be filed in Superior Court for Interfering With Judicial Proceedings.

Referral/Complaint “Delinquent Act”: Offenses that would be a

“crime” if committed by an adult. Felony Misdemeanor

Runaway Juvenile (only Status offense handled directly by Probation rather than lower court)

Sent to Probation Diversion/Adjustment Send to County Attorney

Diversion/Adjustment File Petition

Diversion Program

County Attorney designates certain offenses for Diversion (a method of avoiding prosecution of juvenile offender) without additional review. First or Second offenses – most misdemeanors,

Possession of Drug Paraphernalia All Runaway Juvenile referrals

Third referral and beyond must go to County Attorney except Info Only and RAJ. If the juvenile was placed on probation - all additional referrals go to the County Attorney except Info Only and RAJ.

Once it is determined that a referral is qualified for Diversion, an appointment is set. Parent and Juvenile attend Meet with Probation Officer Three conditions to Diversion

Admit Accept Interventions Successfully Complete Interventions

Parent provides information regarding Social history, family School Behavior

Juvenile provides information regarding Drug/alcohol use Treatment by family Employment Friends Factual basis of offense

Juvenile admits responsibility Identifies victims and how they felt –

no victimless offenses What repair is needed Interventions at home Remorse What was learned from the interview

Interventions are assigned based on Type/nature/number of offense Age of juvenile Juvenile’s needs as determined by the

information provided on the parent and juvenile forms

Juvenile’s risk to re-offend Victim’s needs

Interventions are designed to Improve decision/choice making skills Teach empathy Teach skills Repair harm to victim/community Protect the community by keeping the

juvenile busy and re-directing his interests and actions in a positive direction

Examples of Interventions

Community Restitution Hours Teen Court Apology Letter Essay Counseling Teen Law School Tutoring Monetary Assessment

Fees are assessed PAF Victim Rights Fee Surcharge Fees for other programs Monetary assessments

Juvenile has a maximum of 90 days to complete interventions although shorter time frames are usually given. Probation Officer monitors file for the next 45 to 90 days to insure completion.

If the juvenile successfully completes all the interventions, the file is closed Diversion Complete.

If the juvenile fails to complete all the interventions, the referral is sent to the County Attorney with recommendations. Close, sufficient – Diversion Non-Complete Extend time File Petition Other

Delinquency Petitions

When the County Attorney’s office determines that a Petition should be filed: Summons is served with date and time

of first hearing. Advisory Hearing or Initial Appearance – IA Adjudicatory Hearing Contested Adjudicatory Disposition Restitution Transfer

Advisory Hearing or IA

Inform juvenile and parent/guardian of charges.

Advise juvenile of the right to an attorney.

Find probable cause. Advise juvenile of the right to admit or

deny the charge. Determine terms of release. Set date for next hearing.

Adjudicatory Hearing

To prove “beyond a reasonable doubt” that the juvenile committed the offense.

Set time of next hearing if the juvenile is found delinquent.

Set terms of release if the juvenile is found delinquent.

Contested Adjudicatory Hearing

Bench Trial Defense and State can call witnesses Juvenile can testify in his/her own

defense but does not have to and it cannot be held against him/her if he/she chooses not to.

If found innocent – case is closed If found delinquent – proceeds to

Disposition Hearing

Disposition Hearing

Determines custody of delinquent juvenile.

Provides an intervention for all juveniles found delinquent or who admit delinquency at a previous hearing.

Is considered the sentencing hearing.

Fingerprints are taken for all felony offenses

DNA for certain types of offenses

DMV Abstract for certain types of offenses

Grants of Probation Standard Probation

One year See PO 2-3 times per month Curfew Other conditions

Juvenile Intensive Probation Statute 8-352 and Supreme Court

Administrative Order 2000-83 Until 18th birthday/9 month program See PO 4 times a week 32 hour per week requirement House arrest Mandatory for 2nd felony adjudication

Juvenile Detention

Detention of juveniles is addressed in Rule 23 of the Arizona Juvenile Court Rules of Procedure.

Upon admission to the detention facility: Juvenile and parent/guardian must be

notified of the reason for admission and location, date and time of the detention hearing. A written record of the time and manner of the notification must be made.

A determination must be made of the juvenile’s conduct and whether his/her contact with other juveniles must be restricted.

The juvenile must be advised of the right to telephone a parent/guardian and counsel following admission, and the right to visitation in private by the parent/guardian and counsel.

Juveniles must be seen within 24 hours of admission, unless a Delinquency Petition or Criminal Complaint is filed.

When a Petition is filed, the juvenile must be seen within 24 hours of that filing, unless so ordered by the court after a hearing.

If a juvenile is not seen within 24 hours of the filing of a Petition, the juvenile shall be released to parent/guardian or other responsible person, or to DCS if such person cannot be located.

Probable Cause

A juvenile shall be detained only if there is probable cause to believe that the juvenile committed the acts alleged in the referral, petition or complaint, and there is probable cause to believe:

The juvenile will not otherwise be present at any hearing; or

The juvenile is likely to commit an offense injurious to self or others; or

The juvenile must be held for another jurisdiction; or

The interests of the juvenile or the public require custodial protection; or

The juvenile must be held pending the filing of a complaint pursuant to ARS 13-501.

Detention is not an ordinary child care job, not just another means of shelter or custodial care, not a punitive institution or a dumping ground for other agencies, and not for long-time care, study, or treatment purposes.

Provides primarily: physical care and custody under safe and healthful conditions; a place to meet non-physical needs, such as orientation and follow-up interviews, supervision of recreational, educational, and other activities, taking into account the age and developmental levels; and information to the court based on observation and clinical study of the child’s capacities and needs as revealed during detention.

Mohave County Juvenile Detention Facility

Staffed to house 32 juvenile. Houses both males and females. Two holding cells for juveniles whose

access to other juveniles is restricted. Accredited school.

Arizona Department of Juvenile Corrections (ADJC)

Sentenced until 18th birthday Special Programs

Crossroads – for violent offenders Chronic Offenders – chronically aggressive male

offenders Journey – sexualized behavior offenders Triumph – mentally ill males Maya – mentally ill females Recovery – drug abusing male offenders Freedom – additional drug abusing male offenders Recovery – 1999 opened for drug abusing females

Transferred Youth

ARS 8-237 The state requests an order of the

juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court.

The court will hold a transfer hearing prior to the adjudicatory hearing.

Preponderance of the evidence

Transfer Hearing

To determine probable cause that the juvenile committed the offense.

Hear testimony on why the juvenile should not be transferred to adult court to stand trial. Transfer is presumptive and the PO prepares a Transfer Report for/against.

Set terms of release. Set date of next hearing.

Factors which determine transfer

Seriousness of offense Record and previous history of

juvenile, including previous contacts with the courts and law enforcement, previous periods of court ordered probation and the results of that probation.

Any previous commitments of the juvenile to juvenile residential placements and secure institutions.

Continued

Any previous commitments of the juvenile to the department of juvenile corrections for a felony offense

Did the juvenile commit another felony offense while he/she was a ward of the department of corrections.

Did the juvenile commit the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

Continued

What are the views of the victim(s) of the offense(s)?

The degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.

The juvenile’s mental and emotional condition.

Continued

The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.

At the conclusion of the Transfer Hearing, the court makes a written determination to transfer or not. If not, the court sets an Adjudicatory Hearing.

Direct File ARS 13-501 – Persons under 18 years of age;

felony charging Juveniles 15, 16 or 17 years of age who are

accused of: 1st or 2nd degree murder Forcible sexual assault Armed robbery Any other violent felony offense (Aggravated

Assault, including use of deadly weapon; Drive by shooting; discharging a firearm at a structure per statutes)

Any felony offense committed by a chronic felony offender (two prior and separate adjudications)

Any offense that is properly joined to an offense as above.

Juveniles who are at least 14 years of age and are accused of: A Class 1 felony A Class 2 felony A Class 3 felony for:

Preparatory (attempted, solicitation, conspiracy, facilitation)

Homicide □Assault Kidnapping □Sexual Offenses Criminal Trespass and Burglary Criminal Damage □Arson Robbery □Organized Crime,

Fraud and Terrorism

A Class 4, 5, or 6 felony involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument

Any felony offense committed by a chronic felony offender

Any offense that is properly joined to offenses as above

In summary:

Development of Juvenile Justice began with the acknowledgement that juveniles are not “miniature adults”.

Probation had its birth in the 1840’s with John Augustus.

Juveniles are not considered “criminals”. They are “adjudicated delinquent”.

Focus is on rehabilitation first, then community protection.

A grant of probation is a form of disposition made by the court. It is a non-punitive method of treating juveniles, resting on the right of the court to suspend sentence. It is not leniency or mercy, but rather a constructive treatment process.

As applied to juveniles, probation means a judicial guardianship.

Juveniles are granted the same rights as adults.

Probation can handle some offenses through the Diversion Program.

Juveniles are held responsible for their actions and given interventions which can include detention and incarceration in some cases.

The Juvenile Justice System has as its main focus the best interests of the juvenile.