ADJ 100 13

1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
Juvenile Justice
13

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Juvenile Justice ThroughoutJuvenile Justice Throughout
HistoryHistory
• Delinquency
 Juvenile actions or conduct in violation
of criminal law, juvenile status offenses,
and other juvenile misbehavior
• Before the modern era, children who
committed crimes in the Western world
received no preferential treatment.
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Juvenile Justice ThroughoutJuvenile Justice Throughout
HistoryHistory
• They were adjudicated and punished
alongside adults.
• Early philosophy in dealing with
juveniles derived from an ancient
Roman principle called patria potesta.
 Children were members of the family,
but the father had absolute control over
them.
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
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Juvenile Justice ThroughoutJuvenile Justice Throughout
HistoryHistory
• 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 delinquent
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
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Juvenile Justice ThroughoutJuvenile Justice Throughout
HistoryHistory
• By the end of the 18th 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.
• The American "Child-Savers" Movement
 Reform school

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Juvenile Court EraThe Juvenile Court Era
• In 1899, codification of Illinois juvenile
law became the model for juvenile
court statutes throughout the nation.
• The Illinois Juvenile Court Act created a
juvenile court.
 Applied the term "delinquent" rather
than "criminal" to avoid lasting stigma
• In 1938, the federal government
passed the Juvenile Court Act.
continued on next slide

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Frank Schmalleger
The Juvenile Court EraThe Juvenile Court Era
• Juvenile court movement
 Judges were to serve as advocates for
juveniles.
 Determination of guilt or innocence took
second place to the betterment of the
child.
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Juvenile Court EraThe Juvenile Court Era
• The juvenile court movement was
based on five philosophical principles.
1. The state is the "higher or ultimate
parent" of all the children within its
borders.
2. Children are worth saving, and
nonpunitive procedures should be used
to save them.
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Juvenile Court EraThe Juvenile Court Era
• The juvenile court movement was
based on five philosophical principles.
3. Children should be nurtured and
protected from the stigmatizing impact
of formal adjudicatory procedures.
4. Each child is different, and the needs,
aspirations, living conditions, etc., of
each child must be known if the court
is to be helpful.
continued on next slide

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The Juvenile Court EraThe Juvenile Court Era
• The juvenile court movement was
based on five philosophical principles.
5. Noncriminal procedures are necessary
to give primary consideration to the
needs of the child.

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Categories of Children in theCategories of Children in the
Juvenile Justice SystemJuvenile Justice System
• Status Offense
 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 philosophy.

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The Legal EnvironmentThe 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

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Legislation Concerning ChildrenLegislation Concerning Children
and Justiceand 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
continued on next slide

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Legislation Concerning ChildrenLegislation Concerning Children
and Justiceand Justice
• 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 offenders
continued on next slide

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Legislation Concerning ChildrenLegislation Concerning Children
and Justiceand Justice
• Participating states had to meet two
conditions:
1. Agree to a "sight and sound separation
mandate"
2. Status offenders had to be
deinstitutionalized
continued on next slide

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Legislation Concerning ChildrenLegislation Concerning Children
and Justiceand Justice
• Reauthorized funding of JJDP in 1980
• Separation mandate was expanded to
require that separate juvenile jails be
constructed by the states.
continued on next slide

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Legislation Concerning ChildrenLegislation Concerning Children
and Justiceand Justice
• 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)

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The Legal Rights of JuvenilesThe 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 property
continued on next slide

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The Legal Rights of JuvenilesThe Legal Rights of Juveniles
• A search would be considered
reasonable if:
 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 suspicion.

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The Juvenile Justice Process TodayThe 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 court.
continued on next slide

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The Juvenile Justice Process TodayThe 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.
continued on next slide

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The Juvenile Justice Process TodayThe Juvenile Justice Process Today
• Where juvenile court authority is not
exclusive, the jurisdiction of the court
may be original or concurrent.
 Concurrent jurisdiction exists where
other courts have equal statutory
authority to originate proceedings.

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Adult and Juvenile JusticeAdult and Juvenile Justice
ComparedCompared
• Juvenile court philosophy differs 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, etc. continued on next slide

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Adult and Juvenile JusticeAdult and Juvenile Justice
ComparedCompared
• Juvenile court philosophy differs from
the adult system.
 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 process

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How the System WorksHow the System Works
• Intake
 The first step in decision-making
regarding a juvenile whose behavior (or
alleged behavior) is in violation of the
law
continued on next slide

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How the System WorksHow the System Works
• Juvenile Petition
 A document filed in juvenile court
alleging that the juvenile is a delinquent
and asking that the court assume
jurisdiction
• Preliminary Hearing
 To determine if there is probable cause
to believe that the juvenile committed
the alleged act
continued on next slide

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How the System WorksHow the System Works
• 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 system
continued on next slide

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How the System WorksHow the System Works
• Adjudicatory Hearing
 The fact-finding process wherein the
juvenile court determines whether there
is sufficient evidence to sustain the
allegations in a petition
continued on next slide

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How the System WorksHow the System Works
• 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
continued on next slide

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How the System WorksHow the System Works
• 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 country.
continued on next slide

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How the System WorksHow the System Works
• Juvenile Disposition
 The decision of a juvenile court that
concludes a dispositional hearing
• Most judges decide not to confine
juveniles.
continued on next slide

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How the System WorksHow the System Works
• 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 counseling.

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Secure Institutions for JuvenilesSecure Institutions for Juveniles
• Most confined juveniles are held in
semi-secure 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
continued on next slide

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Secure Institutions for JuvenilesSecure Institutions for Juveniles
• The operative philosophy of custodial
programs for juveniles focuses squarely
on the rehabilitative ideal.
• Juveniles are usually committed to
secure facilities for indeterminate
periods of time.
• Typical stay is less than one year
continued on next slide

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Secure Institutions for JuvenilesSecure Institutions for Juveniles
• 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
fewer.

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Characteristics of Juveniles inCharacteristics of Juveniles in
ConfinementConfinement
• 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.

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Overcrowding in Juvenile FacilitiesOvercrowding in Juvenile Facilities
• Overcrowding exists in many juvenile
institutions.
• Problems occur with living space,
health care, security, and control of
suicidal behavior.
continued on next slide

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Overcrowding in Juvenile FacilitiesOvercrowding in Juvenile Facilities
• Drug/alcohol offenders is the fastest-
growing category of detained juveniles.
• Juvenile corrections has become
increasingly privatized, and a number
of states use private facilities.

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The Post-Juvenile-Court EraThe Post-Juvenile-Court Era
• Transfer provisions
• Blended Sentence
 A juvenile court disposition that imposes
both a juvenile sanction and an adult
criminal sentence
• Confidentiality changes
• Victims' rights