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    0131389033 ppt12 0131389033 ppt12 Presentation Transcript

    • CJ 2011 James A. Fagin Chapter 12The Juvenile Justice System: The Youthful Offender
    • After completion of this chapter, students should be able to: Describe the goals of the juvenile criminal justice system Discuss major court cases that shaped due process rights of juvenile offenders Explain why states are beginning to hold juveniles more accountable for crime Detail how juveniles are processed through the juvenile justice system  Talk about strategies being used to reduce violence in schoolsCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 2
    •  The New York House of Refuge juvenile reformatory was established in 1824  In 1865, any child could be sent to the House of Refuge in New York upon the complaint of a guardian  In 1849, 21% of Maryland penitentiary prisoners were between the ages of 10 and 20 % were between 12 and 20, and 21% were between 10 and 20CJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 3
    •  Concept of parens patriae allows state government to act in place of parents. First juvenile court established in 1899 in Cook County, Illinois. Juvenile courts remove the child from authority of adult criminal courtsCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 4
    •  Status offenders: a child who commits an act that if they were adults, the court would not have any authority over them (i.e. runaways)  Delinquents: juveniles who commit an act that is criminal for both adults and juvenilesCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 5
    •  Kent v. United States (1966)  In re Gault (1967)  In re Winship (1970)  McKeiver v. Pennsylvania (1971)CJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 6
    • Juvenile court proceedings are not open for the public to viewSome exceptions: Oklahoma Publishing Company v. District Court in and for Oklahoma City Smith v. Daily Mail Publishing CompanyCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 7
    •  The processing of youthful offenders through the juvenile justice system is quite different from that of the adult system Forces acting on the juvenile justice system make juveniles who commit violent crimes more accountable for their actionsCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 8
    • Does the youthful offender have sufficient mens rea to appreciate the criminality of his or her act? Many argue youthful offenders: Are not fully responsible for their criminal actions s Do not have the same mens rea or criminal intent as adults, due to their youthCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 9
    •  About 25 states have adopted a Blended Sentencing Option to create a ‘middle ground’ between traditional juvenile sanctions and adult sanctions  Blended sentencing can originate with either the juvenile court or the criminal courtCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 10
    • There are more differences among states in the processing of juveniles in the juvenile justice system than there are in the processing of adults in the criminal justice systemCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 11
    •  Intake – the process whereby a juvenile enters the juvenile justice system  Referral – the process where juveniles are referred (by a parent/guardian, school official, social worker, juvenile probation officer, or juvenile court officer) into the juvenile justice systemCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 12
    •  Juvenile Adjudication Hearing  Delinquency Petition  Teen Courts  Juvenile Drug Courts  Detention and Probation (Aftercare)  Residential Placement  Juvenile Probation (Aftercare)  Juvenile Boot Camps  Juvenile Death Penalty  Life Sentence Without ParoleCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 13
    • Much attention is focused on explaining why juveniles commit crimesCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 14
    •  Child delinquents (between 7 and 12) are two to three times more likely to become serious, violent, and chronic offenders than adolescents whose delinquent behavior begins in their teens  Antisocial careers of male juvenile offender start, on average, at age 7  Preschool period is critical in setting a foundation for preventing the development of delinquencyCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 15
    •  Hybrid Youth Gangs  Have younger members  Have more female members  Less involved in drugs/violent crimes than traditional youth gangs  Female Gangs  Females tend to leave the gang around age 20  Commit fewer violent crimes than male gang members  Tend to join gangs because of victimization at homeCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 16
    •  National Youth Anti-Drug Campaign  Drug Abuse Resistance Education (DARE) Growing Problems:  Methamphetamine use  Prescription drug abuseCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 17
    •  Preventing school violence has become an important goal  Attempts are made to reduce weapons on school property  Attempts are made to reduce bullyingCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 18
    •  Reducing weapons on school property  Metal detectors  Paying for information  Reducing bullying  Increasing police presenceCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 19
    •  Banning of cell phones  Transferring troublemakers to the juvenile court  Expelling of disruptive/violent studentsCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 20
    • Children are vulnerable victims to certain crimes, and the public and criminal justice system work to protect them from victimizationCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 21
    •  Violence Against Children  Sexual Exploitation and Child Pornography  Child Pornography and the Internet  Missing ChildrenCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 22
    •  Megan’s Law: requires sex offenders to register with state law enforcement officials, and this registration is available to the public  AMBER Alerts: allows law enforcement officials to alert the public of a missing or abducted childCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 23