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Chapter 1 Student Chapter 1 Student Presentation Transcript

  • Chapter 1 An Overview of the Juvenile Justice System in the United States
  • The Juvenile Justice System
    • The Juvenile Justice System is an analog to the criminal justice system.
    • It consists of an __________ network of agencies, institutions, organizations, and personnel who process juvenile offenders.
    • This __________ is comprised of law enforcement, the courts, corrections, and probation/parole.
    • There is ______ national juvenile justice system, only local agencies and organizations.
  • The Juvenile Justice System
    • Core principles that distinguish juvenile courts from criminal courts include:
      • ___________ jurisdiction (up to age 17 in most states)
      • __________ legal proceedings
      • Focus on ____________, not their crimes
      • Intermediate _______________
      • ________________ of proceedings
  • The Criminal Justice System
    • Legislatures
      • Criminal laws originate as the result of legislative ______________
      • __________________ is the power of courts to hear cases
      • Congress ___________ criminal laws that are enforced by federal agencies
      • At the community level, city and county governments determine laws
  • The Criminal Justice System
    • Law Enforcement
    • 2008—24,000 police and sheriff’s departments in the United States
    • Over 1,500,000 officers with arrest ____________
    • Law enforcement officers are most likely to have direct contact with juveniles
    • Police _______________ important in juvenile justice
  • The Criminal Justice System
    • Prosecution and the Courts
      • ________________—obtaining descriptive information on those arrested
      • Initial appearance—advising defendants of charges against them
      • ______________—a surety in the form of money or property to ensure appearance of defendant at trial
      • Plea bargains—________-conviction agreements where defendants enter guilty pleas in exchange for concessions
  • Juvenile and Criminal Courts Distinguished
    • Juvenile courts are _____________ proceedings.
    • Juvenile proceedings are more informal.
    • In 39 states juveniles are __________ entitled to trial by jury.
    • _______________ are adversarial proceedings.
    • Criminal courts are courts of _____________.
    • Difference in standard of proof.
    • Range of penalties in juvenile court are ___________.
  • Parens Patriae
    • Originated with the King of England in the 12 th century.
    • Literally, it means the _________________________
    • Applied to juvenile matters, it means that the king is in charge of, makes decisions about, and has the responsibility for all matters involving juveniles
      • In English common law, parental authority was in the early upbringing of children.
      • After age 7, children required some responsibility for their own actions.
      • Accountability to _______ was gradually shifted to the state.
  • Parens Patriae
    • Chancellors for the various districts, in the name of the king, adjudicated matters involving juveniles.
    • Juveniles had _____ legal rights or standing in any court.
    • They were the sole ____________ of the king.
    • Children were therefore wards of the court and the court had the responsibility to safeguard their ____________________.
  • Modern Interpretations of Parens Patriae
    • Since the mid-1960s, juveniles have acquired greater ___________________ rights similar to those enjoyed by adults in criminal courts.
      • Some believe that as juveniles acquire more constitutional rights, the juvenile court is transforming into one of greater criminalization.
      • As juveniles obtain a greater range of constitutional rights, they become less subject to the influence of Parens patriae .
  • Juvenile Delinquents and Delinquency
    • Juvenile Delinquency: Any criminal act committed by an infant or someone who has ________ reached his/her age of majority.
    • Ages of majority vary among jurisdictions; many states use “under age 18” or “under age 21”; federal government defines juveniles as those who have committed crimes and have not reached their 18 th birthday.
    • Under common law, the minimum age of accountability is age __________.
  • Juvenile Delinquency and Status Offenses
    • Juvenile Delinquents differ from status offenders.
    • Status offenders do ________ commit crimes.
    • Status offenses are acts committed by juveniles that would _________ be considered crimes if adults committed them. Examples are:
      • Truancy
      • Runaway behavior
      • Curfew violation
  • Truancy
    • Truancy is ___________ from school without permission or excuse.
    • There are _______________ or more truants in the United States each school day.
    • The actual number of truants is _______________, although that it is believed that truancy leads to more serious offending including drug and alcohol use/abuse.
    • School truant officers are responsible for locating truants and bringing them to school authorities for official action.
  • Runaways
    • In 2008 there were at least 250,000 runaways in the United States.
    • Fewer than ______ percent of all offenses charged against juveniles include runaway behavior.
    • Runaways are those who leave home ____________ parental permission.
    • Runaway behavior is also associated with sexual exploitation, illicit drug use, and alcohol abuse.
  • Curfew Violators
    • Curfews are imposed on juveniles in many jurisdictions.
    • Law enforcement officers enforce curfew laws and can arrest juveniles who violate curfews.
    • It is _________________ how many curfew violators there are.
    • Curfew laws are important because juveniles have a high likelihood of getting into ___________________ curfew hours.
  • Juvenile Court Interest in Status Offenders
    • Courts are interested in chronic and persistent status offenders because of their potential for more ______________ criminality.
    • Chronicity of offending among youths seems to be related to ___________ contact with the courts.
    • Greater court contact is said to stigmatize youths and induce self-definitions as criminals.
  • Deinstitutionalization of Status Offenses (DSO)
    • The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) was established by the Office of Juvenile Justice and Delinquency Prevention.
    • Courts are interested in status offenders because:
      • Status offenders are believed to benefit more from treatment than punishment.
      • Greater court contact stigmatizes youths and criminalizes their conduct.
      • Self-definitions of status offenders as criminals may lead to offense escalation, where juveniles may progress to more serious offenses.
  • Deinstitutionalization of Status Offenses
    • The JJDPA has changed and modified its focus over the years toward status offenders:
      • _________: status offenders should be separated by sight and sound from adult offenders in jails
      • _________: status offenders should be removed from jails and lockups and treated by social services
      • _________: Congress withholds money from states unwilling to remove juveniles from secure confinement.
  • Deinstitutionalization of Status Offenses
    • DSO has three general meanings:
      • _________________: removal of status offenders from jails and lockups
      • Divestiture of jurisdiction, where juvenile court judges relinquish their control over status offenders.
      • Diversion of status offenders to social services where they can be treated and ________ punished.
  • Potential Outcomes of DSO
    • Reduction in number of status offenders held in adult jails and other secure confinement facilities
    • _______________-widening
    • _____________ impact of recidivism rates
    • Creation of service delivery problems
    • Public views of juvenile justice system as _____________ on crime
  • Ambiguity of Adolescence and Adulthood
    • Police have broad __________________ power
    • Police arrest is main way for juvenile to _______________ juvenile justice system
    • ________________ from parents, neighbors, and victims are other methods of entry
  • Taken Into Custody
    • When youths are taken into custody they are __________ necessarily arrested.
    • Some youths are taken into custody as a _________________ measure.
    • Being arrested is a _____________ serious police action.
  • Juveniles Held in Jails
    • 2008—7,200 juveniles under 18 being held in jails
    • Many youth are jailed for ___________ time periods
    • Supreme Court authorized ________________ detention of juveniles ( Schall v. Martin , 1984)
  • Referrals
    • __________________ made to juvenile court authorities that a juvenile requires the court’s attention
    • Referrals can be made by _______________
    • Ninety percent are made by ___________________________
  • Intake
    • Screening procedure where one or more actions against a juvenile are recommended
    • Some jurisdictions require intake hearings
    • Results:
      • __________________
      • Remand youth to parental custody
      • _____________ youth to parental custody with provisions
      • ____________ Divert youth to alternative dispute resolution
      • ___________ youth to juvenile prosecutor for further action
  • Adjudicatory Proceedings
    • ______________ by jurisdiction
    • Less than 50 percent of juveniles in most jurisdictions have assistance of counsel
    • Most jurisdictions juvenile judges have absolute __________________
    • Adjudication
      • Judgment or action on the _______________
      • If hearing supports allegations in the petition, the judge disposes or punishes the juvenile
  • Juvenile Court Dispositions
    • Disposing equivalent to sentencing of adult offenders
    • ____________________ dispositions
      • Verbal warnings or reprimands
    • ____________________ dispositions
      • Probationary options
    • ____________________ dispositions
      • Nonsecure custody or secure custody
  • Juvenile Corrections
    • 2008—62,000 juveniles in residential and nonresidential correctional programs
    • Juvenile corrections range as _____________ as in adult system
    • Probations, intermediate punishments, incarceration
  • Juvenile Parole
    • When portion of incarceration is served juveniles may be _____________________
    • ____________________ aftercare
    • 2008—estimated 101,000 juveniles on parole