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Criminal Justice Today - Chap 15

Criminal Justice Today - Chap 15

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    Cjt chap 15 Cjt chap 15 Presentation Transcript

      • Juvenile Justice
      CHAPTER CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. 15
    • Juveniles in the U.S. CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • In 2002, police arrested 140,000 youths age 12 and younger.
      • These younger offenders represent almost 10% of the total number of juvenile arrestees.
    • Juveniles in the U.S. CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • 2.8 million juveniles are arrested annually in America.
      • Violent crimes by juveniles are decreasing.
      • Female delinquency has increased 76% in last decade.
    • Juveniles in the U.S. CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Minority juveniles are overrepresented in the custody population.
      • Crowding is a serious problem in juvenile facilities.
    • Juvenile Involvement in Crime v. System Totals, 2000 CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Source: Federal Bureau of Investigation, Crime in the United States, 2002 (Washington, D.C.: U.S. Government Printing Office, 2003).
      • History of Juvenile Justice
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Around 753 BCE Roman law - Children had membership in their family, but the father had absolute control over children and they obeyed his wishes. Patria postestas led to the English concept of “ parens patriae. ” patria postestas – The power of father extended to issues of life and death for all members of the family including slaves, spouses, and children.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • “ parens patriae” – Common law principle that allows state to take custody of a child when s/he becomes delinquent, is abandoned, or is in need of care, which the natural parents are unable, or unwilling, to provide.
      • Originally, the king was considered the father of the country and thus had parental rights over all his citizens.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Middle Ages
      • Church strongly influenced conception of children.
      • English Common Law adopted the Church perspective about children under 7 in relation to law violations.
      • At this time, Church view was that children under age 7 had not yet reached the age of reason, therefore, they could not be held liable for spiritual offenses.
      • Under English law, individuals between 7 and 14 were accorded special status as juveniles, while adulthood began at 14.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • United States
      • Puritan influence was dominant during early colonial period. The focus was on obedience and discipline.
      • Laws reflected teachings of the Bible.
      • Juveniles and adults were mixed in both jails and prisons.
      • Punishments were severe to protect colony from the wrath of God.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • European Enlightenment
      • Period - 1600 and 1700’s
      • This period rejected supernatural explanations in favor of scientific ones.
      • During this time, there was growth in the industrial economy and a move away from farming.
      • It reassessed the place of children in society.
      • Children were recognized as heirs to the future and there was concern for that future.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Institutional Era – 1800’s
      • Houses of Refuge
      • First house of refuge in New York City (1824).
      • They were designed to save children from lives of poverty and crime.
      • They housed mostly thieves, vagrants and runaways.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Institutional Era – 1800’s
      • Child Saver Movement
      • mid 1800’s
      • combined Christian principles with strong emphasis on worth of individual
      • guide and protect children
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Institutional Era – 1800’s
      • 1860 - Chicago Reform School
      • product of child savers movement
      • focused on predelinquent youth who showed propensity for more serious crimes
      • emphasized traditional values and hard work
      • idealized country living, causing several reform schools to be farms
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Juvenile Court Era 1870 - Massachusetts passed legislation requiring separate hearings for juveniles. 1877 - New York passed law requiring separate hearings and prohibiting contact between juvenile and adult offenders. 1898 - Rhode Island passed juvenile court legislation.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Juvenile Court Era 1899 - Illinois Juvenile Court Act created a juvenile court, separate in form and function from adult criminal courts. It was considered to be the first juvenile court system in the United States. 1938 - federal level - Juvenile Court Act included many features of the Illinois Act. 1945 - By this year, every state had legislation focusing on juveniles.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Juvenile Court based on five principles: a) State is “higher or ultimate parent” for all children. b) The belief that children are worth saving and that non-punitive procedures should be used.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Juvenile Court based on five principles: c) The belief that children should be nurtured while being protected. d) Justice for children should be individualized. e) Non-criminal procedures are necessary, and denial of due process can be justified because intent is to “help” not punish.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Categories of Children
      • 1930’s
      • delinquent - Children who violated the criminal law, and if adults, would be charged with the offense.
      • undisciplined - Children said to be beyond parental control, and therefore, in need of state protection.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Categories of Children
      • 1930’s
      • dependent - Children who typically have no parents to care for them or have been abandoned or placed for adoption.
      • neglected - Children who did not receive proper care from parents or guardians.
    • History of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Categories of Children
      • 1930’s
      • abused - Children who suffered physical abuse at the hands of their custodians. This was expanded to include emotional and sexual abuse.
      • status offenders – A special category which embraces laws written only for children (truancy, curfew, runaway, etc.).
      • Explanation of Delinquency
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • social ecology (1920’s and 1930’s)
      • delinquent boys (1955)
      • techniques of neutralization (1957)
      • opportunity theory (1960)
      • cohort analysis (1960’s)
      • drift (1964)
      Explanation of Delinquency CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Clifford Shaw and Henry McKay (1930’s)
      • social ecology focused on misbehavior of lower class youths, primarily as the result of social disorganization.
      • social disorganization – A condition that exists when a group is faced with social change, conflict, and lack of consensus. Weakened influence of family, church, jobs and schools.
      Social Ecology CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Chicago Area Project (1930’s)
      • first large scale delinquency prevention program
      • created self-help centers
        • staffed by community volunteers
        • offered variety of counseling services, educational programs, camps, recreational activities, and discussion groups
      Social Ecology CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Lloyd E. Ohlin and
      • Richard A. Cloward
      • Delinquency & Opportunity: A Theory of Delinquent Gangs (1960)
      • Delinquency is a result of a lack of legitimate opportunities for lower class youth.
      • Lower class youth alienated from middle-class institutions.
      Opportunity Theory CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Mobilization for Youth
      • federally funded program
      • based on theory of Ohlin and Cloward
      • designed to increase legitimate opportunities for lower-class youth
      • provided:
        • job placement services
        • skill training
        • hired youth to work on community projects
        • midnight basketball – keeping schools open in evening for study sessions
      Opportunity Theory CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Albert K. Cohen (1955)
      • Delinquent Boys, the Culture of the Gang
      • Delinquency, especially gang related, is a response to frustrations of the lower class when they find they cannot share in the rewards of the middle-class lifestyle.
      Delinquent Boys CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Gresham Sykes and David Matza (1957)
      • They recognized the role of choice in delinquent behavior.
      • The delinquent typically drifts between conformity and law violation and will choose the latter when social norms can be denied or explained away.
      Techniques of Neutralization CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Marvin Wolfgang
      • cohort - A group of individuals sharing similarities of age, place, or birth and residence.
      • cohort analysis - A social science technique by which cohorts are tracked over time in order to identify unique and observable behavioral traits which characterize them.
      Cohort Analysis CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Marvin Wolfgang
      • Wolfgang’s 1960 study of a Philadelphia cohort found:
      • A small group of individuals committed majority of the crime (“chronic few”).
      • 18% of cohort accounted for 52% of all arrests.
      Cohort Analysis CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Pathways to Delinquency
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Monitoring the Future
      • The survey annually measures drug abuse among high school and college students.
      • In 2000, the survey found that, overall, illicit drug use remains widespread.
      • Self reports.
      Drug and Alcohol Abuse CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Monitoring the Future
      • Over half (54%) have tried an illicit drug by the time they finish high school.
      • Marijuana is the most widely used illicit drug.
      • Largest increase is for “ecstasy.”
      • Juvenile arrests for drugs have doubled since 1970s.
      Drug and Alcohol Abuse CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • Drug-Related Arrests of Juveniles, 1960-2002 CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. Source: Federal Bureau of Investigation, Crime in the United States , (Washington, D.C.: U.S. Government Printing Office, various years).
      • Approximately 800 homicides are committed by juveniles annually.
      • In 2002, there was an average of
      • 3 homicides per day.
      • Older juvenile victims tend to be male and African American.
      • Younger victims are killed by family members.
      Violence CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • National Youth Gang Survey - 2000
      • 50% of gang members were ages 18-24.
      • Race/ethnicity:
      • Hispanic 47%,
      • African American 31%,
      • Caucasian 13%,
      • Asian 7%,
      • Other 2%
      Gangs CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Males are more involved in gang activity than females.
      • Gang members are more likely to have sold crack cocaine and be involved in organized drug dealing.
      • Nationally, the average age for joining a gang is 12.8 years of age.
      Gangs CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • Runaways CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • 1,800,000 children are missing each year. Approximately 583,000 are runaways.
      • 1/3 of all runaways leave home because of sexual abuse.
      • 1/2 leave because of beatings.
      • 1/5 of runaways come into contact with the police or social service agencies.
      • Child Abuse
      • Children “who had been abused or neglected…were more likely to be arrested as juveniles, as adults, and for violent crime.”
      Forms of Abuse CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • Reports of Child Abuse and Neglect, 1976-2000 CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • Teen Suicide CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. 1960 - Only 475 teen suicides recorded. 1991 - 1,899 teen suicides reported. 1997 - Suicide has become the 6th major cause of death among 5-14 year old children. 1998 - Upwards of 10,000 teen suicides reported.
      • American Academy of Child and Adolescent Psychiatry
      • reports the following may be indicators of a suicidal teenager:
      • change in eating habits
      • change in sleeping patterns
      • withdrawal from friends, family members and school activities
      • rebellious or violent behavior
      Teen Suicide CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • “ A healthy home environment, one in which parents and children share affection, cohesion, and environment, reduces the risk of delinquency.” study by the OJJPD
      What Can Be Done? CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Legal Decisions in Juvenile Justice
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Morris Kent (14 years old) was arrested in Washington D.C. in 1959 and charged with several burglaries and attempted purse snatching.
      • Kent was placed on probation and released.
      • In September, 1961, a person entered a woman’s apartment in Washington D.C., raped the woman, and took her wallet.
      Kent v. U.S. (1966) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Fingerprints matching Kent were left behind.
      • Kent, still under court jurisdiction, was taken into custody and interrogated.
      • Kent spoke about the crime and other offenses.
      • After interrogation, Kent’s mother employed legal counsel.
      • The case ended “hands-off” era in juvenile justice.
      Kent v. U.S. (1966) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Kent was transferred to adult criminal court, without discussion with Kent’s attorney or Kent’s mother, based on psychological and psychiatric exams given to Kent.
      • Kent was tried and found guilty in adult court and sentenced to 5-15 years on each of eight counts of robbery and burglary.
      • Kent’s attorneys appealed, based on lack of hearing regarding the transfer.
      Kent v. U.S. (1966) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Supreme Court Decision:
      • Court upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court.
      • Juveniles are entitled to representation by attorneys at such hearings.
      Kent v. U.S. (1966) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Importance of Case:
      • This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings.
      Kent v. U.S. (1966) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Gerald Gault and a friend, Ronald Lewis, were taken into custody on June 8, 1964, based on a neighbor’s complaint that the boys had made lewd telephone calls.
      • Gault was already on probation when he was taken into custody.
      • Gault’s parents were at work when he was picked up, and no notification was provided to them about the arrest.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Gault’s parents learned from another neighbor that Gerald had been taken into custody.
      • Gault’s family appealed.
      • Gault’s parents were informed about a hearing that was to be held, but not the nature of the complaint, nor who the complainant was, who was not present at the hearing.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • At the hearing, Gault was not represented by counsel.
      • Gault admitted dialing the phone, but not to making the lewd comments.
      • After the hearing, Gault was adjudicated delinquent and sentenced until his 21 st birthday.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Appeal based on six points
      • notice of charges - Gault was not given notice to prepare a reasonable defense.
      • right to counsel - Gault was not notified of his right to counsel or to have an attorney present at hearing.
      • right to confront/cross-examine witnesses - Complainant can be required to be present at hearing.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Appeal based on six points
      • Protection against self-incrimination - Gault was never advised he had the right to remain silent, nor that his testimony could be used against him.
      • right to transcript - Gault’s attorney was not provided with a copy of the transcript to file an appeal.
      • right to appeal - At time of Gault’s case, Arizona did not provide right to appeal.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Supreme Court Decision:
      • U.S. Supreme Court held for Gault based on four of six issues related to due process:
      • notice of charges
      • right to counsel
      • right to confront/cross-examine witnesses
      • protection against self-incrimination
      • Court rejected the other two issues:
      • right to transcript
      • right to appeal
      • *Juveniles now have many of same rights as adults.
      In re Gault (1967) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Winship, age 12, was charged with illegally entering a locker and stealing $112 from a pocketbook.
      • New York judge found Winship delinquent.
      • Judge acknowledged that the evidence might not have been sufficient to establish Winship’s guilt beyond a reasonable doubt (New York law only required a preponderance of the evidence).
      In re Winship (1970) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Winship was sent to a training school for 18 months.
      • Winship’s attorney appealed based on the standard of evidence used.
      • U.S. Supreme Court upheld appeal establishing proof beyond a reasonable doubt as standard in juvenile proceedings of delinquency.
      • Court still allows a preponderance of evidence in juvenile cases where the juvenile is charged with a status offense.
      In re Winship (1970) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Joseph McKeiver, age 16, was charged with robbery, larceny, and receiving stolen property – all felonies in Pennsylvania.
      • McKeiver had been involved with 20-30 boys who chased three other juveniles and took 25 cents from them.
      McKeiver v. Pennsylvania (1971) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • McKeiver had no prior arrests.
      • His attorney requested a jury trial but was denied.
      • McKeiver was adjudicated a delinquent.
      • Attorney appealed the adjudication.
      McKeiver v. Pennsylvania (1971) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Supreme Court Decision:
      • U.S. Supreme Court denied the appeal, holding that trials for juveniles were not mandated by the Constitution.
      • Today, approximately 12 states voluntarily provide jury trials for juveniles.
      McKeiver v. Pennsylvania (1971) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Jones, age 17, was charged with committing an armed robbery.
      • At adjudicatory hearing, Jones was found delinquent.
      • At “dispositional” hearing, Jones was found unfit for treatment as a juvenile.
      Breed v. Jones (1975) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Jones was transferred to adult criminal court and subsequently found guilty of robbery. He was committed to the California Youth Authority.
      • Jones’s attorney appealed based on issue of double jeopardy because he had already been adjudicated a delinquent.
      Breed v. Jones (1975) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Supreme Court Decision:
      • U.S. Supreme Court upheld appeal of Jones, pointing to the fact that the double jeopardy clause speaks in terms of “potential risk of trial and conviction - not punishment” and concluded that two separate adjudicatory processes were sufficient to warrant a finding of double jeopardy.
      Breed v. Jones (1975) CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • The Juvenile Justice Process
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • The Juvenile Justice Process CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Most jurisdictions today have statutes designed to extend the Miranda provisions to juveniles.
      • Juvenile rights may extend to investigative procedures and searches.
      Legal Aspects of Juvenile Justice CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • Differences Between Juvenile and Adult Systems CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Juvenile
      • focus on delinquency
      • limits rights of
      • juveniles against
      • unreasonable
      • searches
      • provides rights
      • against self-
      • incrimination
      • Adult
      • focus on criminality
      • provides for comprehensive
      • rights against
      • unreasonable searches of
      • person, home, and
      • possession
      • provides rights against self-
      • incrimination
    • Differences Between Juvenile and Adult Systems CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Juvenile
      • focuses on interests of
      • the child
      • helping context
      • petitions or
      • complaints
      • legitimize
      • apprehension
      • Adult
      • assumes innocence until
      • proven guilty
      • adversarial setting
      • arrest warrants – the basis
      • of most arrests
    • Differences Between Juvenile and Adult Systems CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Juvenile
      • provide for right to
      • an attorney
      • closed hearing and no
      • right to jury trial
      • protections and
      • treatment – the
      • goals
      • Adult
      • provide for right to an
      • attorney
      • public trial and right to
      • jury trial
      • punishment and
      • reformation – the goals
    • Differences Between Juvenile and Adult Systems CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Juvenile
      • specific right to
      • treatment
      • sealed records; may
      • be destroyed at a
      • specific age
      • released into parental
      • custody
      • separate facilities at
      • all levels
      • Adult
      • no right to treatment
      • public record of trial and
      • judgment
      • possibility of bail or release
      • on recognizance
      • possible incarceration in
      • adult correctional facility
    • How the System Works
      • Viewed as a process.
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Four Stages:
      • intake
      • adjudication
      • disposition
      • postadjudication review
    • How the System Works
      • Viewed as a process.
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • intake - The first step in decision-making regarding a juvenile whose behavior or alleged behavior is in violation of law or could otherwise cause a juvenile court to assume jurisdiction.
      • detention hearings – These are conducted by a juvenile court judge.
        • 1 in 5 involves detention before adjudication.
    • Limit of Juvenile Court Jurisdiction Over Young Offenders by State CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
    • How the System Works
      • Disposition
      CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • dispositional hearing - The final stage in processing of adjudicated juveniles, in which decision is made on the form of treatment or penalty which should be imposed.
      • Judge typically has wider range of dispositions than do judges in adult criminal cases.
      • Because rehabilitation is the primary objective, the judge is likely to select the “least restrictive alternative.”
    • Secure Institutions CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Characteristics of Juveniles in Confinement
      • 86.5% are male.
      • 58.5% are ethnic minorities or African American.
      • 42.4% are incarcerated for a serious personal or property offense.
      • 2% are charged or adjudicated for homicide or murder.
      • 6.5% are incarcerated for a status offense.
      Source: Bureau of Justice Statistics Report
    • Overcrowding in Facilities CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Overcrowding occurs in many juvenile facilities.
      • Half of all states report overcrowding in juvenile facilities.
      • 22 states are operating facilities at more than 50% over capacity.
    • Overcrowding in Facilities CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc.
      • Fastest growing category involves alcohol and drug offenders.
      • Most juvenile appeals are not as consequential as adult convictions.
      • Most appellate courts do not have the time to hear the case before the juvenile sentence is completed.
    • Post-Juvenile Court Era CRIMINAL JUSTICE TODAY, 8E PRENTICE HALL By Frank Schmalleger ©2005 Pearson Education, Inc. 2000 report by National Institute of Justice claims: “ Changes in juvenile law and juvenile court procedure are slowly dismantling the jurisdictional border between juvenile and criminal justice.”