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0138020272 ppt13

  1. 1. Criminal Justice: A Brief Introduction Ninth Edition By Frank SchmallegerPearson Education, Inc.
  2. 2. Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Chapter 13 Juvenile JusticePearson Education, Inc.
  3. 3. Introduction • Juveniles – A youth at or below the upper age of juvenile court jurisdiction in a particular state • The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is a primary source of information on juvenile justice in the United States – About 1.6 million juveniles are arrested each year – Violent crime by juveniles is decreasing – Female delinquency has grown substantially, increasing 76% in the last decade – Minority juveniles are greatly overrepresented in the custody population – Crowding is a serious problem in juvenile facilitiesCriminal Justice: A Brief Introduction, 9/e 3 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  4. 4. Juvenile Justice throughout History • Earliest times – Before the modern era, children who committed crimes in the Western world received no preferential treatment – They were adjudicated and punished alongside adults • Delinquency – Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehaviorCriminal Justice: A Brief Introduction, 9/e 4 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  5. 5. Juvenile Justice throughout History • Early philosophy in dealing with juveniles derived from a Roman principle called patria potesta – Children were members of the family but the father had absolute control over them • Parens Patriae – A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquentCriminal Justice: A Brief Introduction, 9/e 5 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  6. 6. Juvenile Justice throughout History • By the end of the eighteenth century, the Enlightenment emphasized human potential • By the middle of the nineteenth century “houses of refuge” were developed to save children from lives of crime and poverty • Not long afterward, the American child-savers movement began – Reform school – Led to the creation of the Chicago Reform School – Focused on predelinquent youthCriminal Justice: A Brief Introduction, 9/e 6 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  7. 7. The Juvenile Court Era • 1899 codification of Illinois juvenile law became the model for juvenile court statutes throughout the nation • Illinois Juvenile Court Act created a juvenile court – Applied the term delinquent rather than criminal to avoid lasting stigma – Judges were to serve as advocates for juveniles – Determination of guilt or innocence took second place to the betterment of the childCriminal Justice: A Brief Introduction, 9/e 7 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  8. 8. The Juvenile Court Era • In 1938, the federal government passed the Juvenile Court Act • Juvenile court movement based on five philosophical principles – The state is the “higher or ultimate parent” – Children are worth saving, and nonpunitive procedures should be used to save them – Children should be nurtured – Justice needs to be individualized – Noncriminal procedures are necessaryCriminal Justice: A Brief Introduction, 9/e 8 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  9. 9. Categories of Children in the Juvenile Justice System • Delinquent children • Undisciplined children • Dependent children • Neglected children • Abused children • Status offenderCriminal Justice: A Brief Introduction, 9/e 9 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  10. 10. Categories of Children in the Juvenile Justice System • Status Offenses – An act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court • Status offenses were a natural outgrowth of juvenile court philosophyCriminal Justice: A Brief Introduction, 9/e 10 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  11. 11. The Legal Environment • Throughout the first half of the twentieth century, the U. S. Supreme Court followed a hands-off approach to juvenile justice • Kent v. U. S. (1966) • In re Gault (1967) • In re Winship (1970) • McKeiver v. Pennsylvania (1971) • Breed v. Jones (1975) • Schall v. Martin (1984)Criminal Justice: A Brief Introduction, 9/e 11 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  12. 12. The Legal Environment • Preventive detention cannot be imposed without – Prior notice – An equitable detention hearing – A statement by the judge setting forth the reasons for detention • Thompson v. Oklahoma (1988) • Roper v. Simmons (2005) • Graham v. Florida (2010)Criminal Justice: A Brief Introduction, 9/e 12 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  13. 13. Legislation Concerning Children and Justice • Omnibus Crime Control and Safe Streets Act of 1968 – Provided money and technical assistance to states and municipalities seeking to modernize their justice systems • Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 – Provided federal grants to states and cities seeking to improve their handling and disposition of delinquents and status offendersCriminal Justice: A Brief Introduction, 9/e 13 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  14. 14. Legislation Concerning Children and Justice • Participating states had to meet two conditions – Agree to a “sight and sound separation mandate” – Status offenders had to be deinstitutionalized • Reauthorized funding of JJDP in 1980 – Separation mandate was expanded to require that separate juvenile jails be constructed by the states – By 1988, nearly half of the states had failed to come into “substantial compliance” with the new jail and lockup removal mandate • Disproportionate minority confinement (DMC)Criminal Justice: A Brief Introduction, 9/e 14 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  15. 15. The Legal Rights of Juveniles • Today, most jurisdictions have statutes designed to extend the Miranda provisions to juveniles • It is unclear whether juveniles can legally waive their Miranda rights • New Jersey v. T.L.O. (1985) – Prohibited school officials from engaging in unreasonable searches of students or their propertyCriminal Justice: A Brief Introduction, 9/e 15 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  16. 16. The Legal Rights of Juveniles • A search would be considered reasonable – The search is based on a logical suspicion of rule- breaking actions – The search is required to maintain order, discipline, and safety among students – The search does not exceed the scope of the original suspicionCriminal Justice: A Brief Introduction, 9/e 16 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  17. 17. The Juvenile Justice Process Today • A few states have set the age at 16 or 17 for juvenile court jurisdiction • Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority • All 50 states have provisions that allow juveniles who commit serious crimes to be bound over to criminal courtCriminal Justice: A Brief Introduction, 9/e 17 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  18. 18. The Juvenile Justice Process Today • Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent – Original jurisdiction means that a particular offense must originate with juvenile court authorities, and juvenile courts have original jurisdiction over most delinquency petitions and all status offenses – Concurrent jurisdiction exists where other courts have equal statutory authority to originate proceedingsCriminal Justice: A Brief Introduction, 9/e 18 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  19. 19. Adult and Juvenile Justice Compared • Juvenile court philosophy brings with it differences from the adult system – Reduced concern with legal issues of guilt or innocence and an emphasis on the child’s best interest – Emphasis on treatment rather than punishment – Privacy and protection from public scrutiny through the use of sealed records, and so forthCriminal Justice: A Brief Introduction, 9/e 19 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  20. 20. Adult and Juvenile Justice Compared • Use of the techniques of social science in dispositional decision making • No long-term confinement • Separate facilities for juveniles • Broad discretionary alternatives at all points in the processCriminal Justice: A Brief Introduction, 9/e 20 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  21. 21. The Way the System Works • Intake – The first step in decision making regarding a juvenile whose behavior or alleged behvaior is in violation of the law • Juvenile Petition – A document filed in juvenile court alleging that juvenile is a delinquent and asking that the court assume jurisdiction • Detention hearingCriminal Justice: A Brief Introduction, 9/e 21 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  22. 22. The Way the System Works • Preliminary hearing – To determine if there is probable cause to believe that the juvenile committed the alleged act • Transfer hearing – Focus on whether transfer statutes apply to the case under consideration – Whether the juvenile is amenable to treatment through the resources available to the juvenile justice systemCriminal Justice: A Brief Introduction, 9/e 22 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  23. 23. The Way the System Works • Adjudication • Adjudicatory Hearings – The fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition • Differences between adjudicatory hearings and adult trials – Emphasis on privacy – Informality – SpeedCriminal Justice: A Brief Introduction, 9/e 23 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  24. 24. The Way the System Works – Evidentiary standard – Philosophy of the court – No right to trial by jury • Teen Court – An alternative to juvenile justice in which alleged offenders are judged and/or sentenced by a jury of their peers – Hundreds of teen courts are in operation across the countryCriminal Justice: A Brief Introduction, 9/e 24 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  25. 25. The Way the System Works • Disposition • Dispositional Hearing – The final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child • Juvenile Disposition – The decision of a juvenile court that concludes a dispositional hearingCriminal Justice: A Brief Introduction, 9/e 25 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  26. 26. The Way the System Works • Most judges decide not to confine juveniles • Probationary disposition usually means that juveniles will be released into the custody of a parent or guardian – And ordered to undergo some form of training, education, or counselingCriminal Justice: A Brief Introduction, 9/e 26 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  27. 27. Secure Institutions for Juveniles • Most confined juveniles are held in semisecure facilities – Designed to look less like prison and more like residential high school campuses • Halfway houses, “boot camps,” ranches, forestry camps, wilderness programs, group homes • The operative philosophy of custodial programs for juveniles focuses squarely on the rehabilitative idealCriminal Justice: A Brief Introduction, 9/e 27 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  28. 28. Secure Institutions for Juveniles • Juveniles are usually committed to secure facilities for indeterminate periods of time • Typical stay is less than one year • Release is often timed to coincide with the beginning or the end of the school year • Most juvenile facilities are small, with 80% designed to hold 40 residents or fewerCriminal Justice: A Brief Introduction, 9/e 28 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  29. 29. Characteristics of Juveniles in Confinement • The majority (85.5%) were male • 39.4% Caucasian, 38.9% African American, 17.3% Hispanic • About 6.5% institutionalized for committing a status offense • Less than half (42.4%) were in residential facilities for a serious personal or property crime • Only 1% were charged with homicideCriminal Justice: A Brief Introduction, 9/e 29 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  30. 30. Overcrowding in Juvenile Facilities • Overcrowding exists in many juvenile institutions • Problems with living space, health care, security, and control of suicidal behavior • A number of states use private facilities • Fastest-growing category of detained juveniles comprises drug and alcohol offenders • Juvenile corrections has become increasingly privatizedCriminal Justice: A Brief Introduction, 9/e 30 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  31. 31. The Post-Juvenile Court Era • Significant developments during the past decade • Transfer provisions • Sentencing authority – Blended Sentence • A juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence • Confidentiality changes • Victims’ rights • Correctional programmingCriminal Justice: A Brief Introduction, 9/e 31 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved

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