Chapter 12 The Juvenile SystemChapter OutlineI. A Changing View of Young OffenderII. Development of the Juvenile Justice System Before There Was a Juvenile Justice System Foundations of the Juvenile Justice SystemIII. The Youthful Offender and the Criminal Justice System Classification of Juvenile Offenders Due Process for Juveniles Privacy of Juvenile Court ProceedingsIV. Juvenile Justice System in the Twenty-First Century Juvenile Justice and Delinquency Prevention Act Judicial Waiver: Abandoning the Great Experiment Mens Rea and Youthful Violent OffendersV. Processing the Youthful Offender through the System Intake Deciding Between Juvenile and Adult Jurisdiction The Juvenile Intake Officer: Gatekeeper and Counselor Formal Processing Adjudication Detention and Probation (Aftercare)
Juvenile Death PenaltyVI. The Juvenile as Offender Sociological Explanations OJJDP’s Study Group on Very Young Offenders Youth Gangs Juvenile Substance AbuseVII. Schools and Juvenile Violence Strategies for Safe Schools Responding to Violence on School Property Reducing Bullying Increasing Police Presence Some School Safety Programs Create New Problems The Juvenile as Victim Innocence Lost?Learning ObjectivesAfter completion of this chapter, students should be able to:1. Describe the goals of the juvenile criminal justice system.2. Discuss major court cases that shaped due process rights of juvenile offenders.3. Explain why states are beginning to hold juveniles more accountable for crime.4. Detail how juveniles are processed through the juvenile justice system.5. Talk about strategies being used to reduce violence in schools.
Key TermsBlended sentencing option (p. 236) an option that allows the juvenile court or the criminal courtto impose a sentence that can include both confinement in a juvenile facility and/or confinementin an adult prison after the offender is beyond the age of the juvenile court’s jurisdiction.Breed v. Jones (p. 234) a case in which the Supreme Court ruled that once a juvenile has beenadjudicated by a juvenile court, he or she cannot be waived to criminal court to be tried for thesame charges.Burden of proof (p. 233) the standard required for adjunction.DARE (p. 249) one of the most popular in-school drug education programsDelinquency petition (p. 240) a request to a judge to hear and judge a juvenile case in a formalhearing for the purpose of determining whether the juvenile is to be declared delinquent.Delinquent (p. 231) a juvenile accused of committing an act that is criminal for both adults andjuveniles.Hybrid gangs (p. 247) a new type of youth gang with distinctive characteristics that differentiatethem from traditional gangs; they are frequently school based, less organized, less involved incriminal activity, and less involved in violence than are traditional gangs.In re Gault (p. 232) a case in which the Supreme Court provided due process rights to juveniles,including notice of charges, counsel, right to examine witnesses, and right to remain silent.In re Winship (p. 233) a case in which the Supreme Court ruled that the reasonable doubtstandard, the same used in criminal trials, should be required in all delinquency adjudications.Intake (p. 238) the process whereby a juvenile enters the juvenile justice system.Juvenile adjudication hearing (p. 240) the formal hearing conducted by a juvenile judge toconduct an inquiry of the facts concerning a case and to decide the disposition of the case andany rehabilitation, supervision, or punishment for the juvenile.Juvenile boot camp (p. 243) a military-style group-oriented rehabilitation program designed toalter the character and values of the juvenile offender.Juvenile court (p. 231) a court that handles juvenile welfare cases and cases involving statusoffenders and delinquents; some juvenile courts may handle additional matters related to thefamily.Juvenile drug court (p. 241) an alternative to the traditional adjudication process for juvenileswith substance abuse problems that focuses on rehabilitation and eliminating drug abuse
Juvenile intake officer (p. 239) a person who is responsible for both processing a juvenile intothe juvenile justice system and for aftercare if the juvenile is adjudicated, and has duties similarto a police officer and a probation and parole officer.Juvenile Justice and Delinquency Prevention Act of 1974 (p. 234) a law that sets federalstandards for the treatment and processing of juveniles in the criminal justice system.Juvenile superpredator (p. 231) OJJDP term used to describe juveniles who commit violentfelony crimes.Kent v. United States (p. 231) a 1961 Supreme Court case that marked the departure of theSupreme Court from its acceptance of the denial of due process rights to juveniles.McKeiver v. Pennsylvania (p. 234) a case in which the Supreme Court denied juveniles the rightto a trial by jury.New York House of Refuge (p. 229) an early juvenile reformatory established by New YorkState in 1824 that was to become the model for most juvenile reformatories.Original jurisdiction (p. 230) the concept that juvenile court is the only court that has authorityover juveniles, so they cannot be tried, for any offense, by a criminal court unless the juvenilecourt grants its permission for the accused juvenile to be waived to criminal court.Parens Patriae (p. 230) the legal assumption that the state has primary responsibility for thesafety and custody of childrenRoper, Superintendent, Potosi Correctional Center v. Simmons (p. 244) a case in which theSupreme Court held that the Eighth and Fourteenth Amendments forbid imposition of the deathpenalty on offenders who were under the age of 18 when their crimes were committed.Schall v. Martin (p. 234) a case in which the Supreme Court upheld the right of juvenile courtsto deny bail to adjudicated juveniles.Status offender (p. 231) a child who has committed an act or failed to fulfill a responsibility forwhich, if he or she were an adult, the court would not have any authority over him or her.Statutory exclusion (p. 236) provisions that allow for the transfer of juveniles to criminal courtwithout review and approval of a juvenile court for certain crimes.Waiver (p. 236) the process of moving a juvenile from the authority of juvenile court to the adultcriminal justice system.
Chapter Summary The goal of the juvenile justice system is to divert youthful offenders away from the criminaljustice system whenever possible. The historic foundation to helping juveniles can be traced tothe New York House of Refuge in the early 1800s. By the end of the Nineteenth century it wasclear that there was a crisis in the criminal justice system with regard to juveniles. Hence, thefirst juvenile court was established in Cook County, Illinois. During the Warren Court Era, the U.S. Supreme court took a more hands-on approach toexamining due process rights for juveniles. During the twenty-first century the Juvenile Justiceand Delinquency Prevention Act became a source of federal funding aimed at improving serviceand facilities for juveniles. A significant number of today’s youthful offenders have mentalhealth issues, as well as disorders related to substance abuse.Media to ExploreThe Office of Juvenile Justice and Delinquency Prevention provides many resources on juvenilejustice. To view OJJDP’s homepage, go to www.ojjdp.ncjrs.orgTo find the complete text of U.S. Supreme Court decisions such as Winship, Gault, and Kent, goto www.findlaw.com/casecode/supreme.htmlYou can view the complete text of the Juvenile Justice and Delinquency Prevention Act atwww.ncjrs.org/txtfiles/ojjjjact.txtInformation about the national drug policy of the White House can be viewed atwww.whitehousedrugpolicy.govThe FBI provides a portal for access to the various state sex offender registry Web sites atwww.fbi.gov/hq/cid/cac/registry.htmFor information about juvenile gangs see the NCJRS resources atwww.ncjrs.gov/app/topics/Topic.aspx?TopicID=147