Taylor2 ppt ch8

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Taylor2 ppt ch8

  1. 1. Chapter 8 Juvenile Law and Procedure
  2. 2. Chapter Outline <ul><li>The Development of Juvenile Law and Procedures </li></ul><ul><li>Early Juvenile Law </li></ul><ul><li>Landmark U.S. Supreme Court Cases in Juvenile Justice </li></ul><ul><ul><li>Kent v. United States </li></ul></ul><ul><ul><li>In re Gault </li></ul></ul><ul><ul><li>In re Winship </li></ul></ul><ul><ul><li>McKeiver v. Pennsylvania </li></ul></ul><ul><ul><li>Impact of the Landmark Cases </li></ul></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  3. 3. Chapter Outline Continued <ul><li>Issues in Juvenile Law </li></ul><ul><ul><li>Juvenile Waiver of Rights </li></ul></ul><ul><ul><li>Juvenile Right to counsel </li></ul></ul><ul><ul><li>Search and Seizure </li></ul></ul><ul><ul><li>Interrogations and Confessions </li></ul></ul><ul><ul><li>Juvenile Proceedings </li></ul></ul><ul><ul><li>Juvenile Records </li></ul></ul><ul><ul><li>Bail </li></ul></ul><ul><ul><li>Detention </li></ul></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  4. 4. Chapter Outline Continued <ul><ul><li>Juvenile Right to Jury Trial </li></ul></ul><ul><ul><li>Juvenile Correctional Law </li></ul></ul><ul><ul><li>Right to Treatment </li></ul></ul><ul><ul><li>Juvenile Rights at School </li></ul></ul><ul><ul><li>Victims’ Rights in Juvenile Justice </li></ul></ul><ul><ul><li>Curfew Laws </li></ul></ul><ul><li>Adult Criminal Trials versus Juvenile Adjudicatory Proceedings </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  5. 5. Development of Juvenile Law and Procedures <ul><li>Hands-off approach – the idea that day-to-day operations of the juvenile justice system should be left up to the professionals working in the system without court review or intervention. </li></ul><ul><li>Due process revolution – period of time during the 1960s and early 1970s when the Supreme Court made several rulings that created or applied additional due process protections to criminal justice. </li></ul><ul><li>Medical Model – the basic philosophy behind the creation of the juvenile court, which involved treatment of the offender. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  6. 6. Development of Juvenile Law and Procedures Continued <ul><li>Civil nature of juvenile proceedings – the juvenile court was operated and proceeded similarly to a civil court rather than a criminal court. </li></ul><ul><li>Procedural Rights – rights that govern the process by which a hearing or court action will proceed. </li></ul><ul><li>Substantive Rights – rights that protect an individual against arbitrary and unreasonable actions. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  7. 7. Early Juvenile Law <ul><li>Juveniles were: </li></ul><ul><li>Arrested without warrant or cause </li></ul><ul><li>Interrogated by police at length without parental notification or legal counsel </li></ul><ul><li>Were not advised of any rights </li></ul><ul><li>Were incarcerated for lengthy periods at the whim of a juvenile court judge </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  8. 8. Kent v. U.S. <ul><li>Arrested for burglary, robbery, and rape. </li></ul><ul><li>Waived to adult court. </li></ul><ul><li>Issue: was Kent entitled to due process in the criminal justice system? </li></ul><ul><li>Decision: First U.S. Supreme Court case to rule that juveniles facing waiver to adult court are entitled to due process rights. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  9. 9. In re Gault <ul><li>Issue: Does a juvenile have due process rights during the adjudication stage of a delinquency proceeding? </li></ul><ul><li>Decision: Gault was granted rights to </li></ul><ul><ul><li>Reasonable notice of the charges </li></ul></ul><ul><ul><li>Counsel as well as appointed counsel if indigent </li></ul></ul><ul><ul><li>Confront and cross examine witnesses </li></ul></ul><ul><ul><li>Against self-incrimination, including the right to remain silent </li></ul></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  10. 10. In re Winship <ul><li>Supreme Court decided the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt. </li></ul><ul><li>Proof beyond a reasonable doubt – the facts and evidence are entirely convincing and satisfy that the person committed the act beyond any reasonable doubt. </li></ul><ul><li>Preponderance of the evidence – evidence that is of greater weight or more convincing than evidence that is offered in opposition to it. Sometimes referred to as more than 50%. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  11. 11. McKeiver v. Pennsylvania <ul><li>U.S. Supreme Court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings. </li></ul><ul><li>Reasons to deny the right to a jury trial: </li></ul><ul><ul><li>Juveniles are already protected enough through prior decisions </li></ul></ul><ul><ul><li>Jury trials would end informal, protective proceedings </li></ul></ul><ul><ul><li>Jury trials would not strengthen the fact-finding function of the juvenile court </li></ul></ul><ul><ul><li>Jury trials would end the distinction between the criminal and juvenile systems </li></ul></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  12. 12. Breed v. Jones <ul><li>The U.S. Supreme Court ruled that juveniles are protected against double jeopardy by the 6 th Amendment to the U.S. Constitution. </li></ul><ul><li>This means that a juvenile could not be tried in a juvenile court and then tried again in an adult court for the same offense. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  13. 13. Fare v. Michael C. <ul><li>The Supreme Court case that established ground rules for determining whether a juvenile has knowingly and voluntarily waived his or her rights. </li></ul><ul><li>The Court had to decide under what circumstances a juvenile, without consulting a parent, attorney, or other interested adult, can make an intelligent, understanding, and voluntary waiver of his rights. </li></ul><ul><li>The Court applied the totality of circumstances approach as the standard applicable to juveniles. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  14. 14. Problems Facing Public Defenders in Juvenile Court <ul><li>Annual caseloads of more than 500 cases. </li></ul><ul><li>Lack of resources for independent evaluations, expert witnesses, and investigatory support. </li></ul><ul><li>Lack of computers, telephones, files, and adequate office space. </li></ul><ul><li>Inexperience, lack of training, low morale, and low salaries. </li></ul><ul><li>Inability to keep up with rapidly changing juvenile codes. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
  15. 15. New Jersey v. T.L.O. <ul><li>The Supreme Court decision that school officials only need reasonable grounds, not probable cause, to search a student when they suspect that the search will turn up illegal evidence. </li></ul><ul><li>The Court ruled that school officials do not have to have a warrant to justify a search. </li></ul>Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

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