Chapter13

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Chapter13

  1. 1. T J he uvenileJustice System
  2. 2.  Describe the child-saving movement and its relationship to the doctrine of parens patriae.
  3. 3.  The Child-Saving Movement ◦ Wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children ◦ Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents ◦ Instrumental in opening the House of Refuge in 1825. ◦ Parens Patriae is the doctrine that holds that the state has a responsibility to look after the well-being of child and to assume the role of parent if necessary.
  4. 4.  List the four major differences between juvenile courts and adult courts.
  5. 5.  The Illinois Juvenile Court ◦ Established in 1899 ◦ Differences from adult court:  No juries  Different terminology  No adversarial relationship  Confidentiality ◦ All states have juvenile courts by 1945
  6. 6. Delinquency: Status Offender:Behavior that illegal A juvenile who has beenunder federal or state found to havelaw and is committed by committed behavior deemed unacceptablesomeone who is for persons under aclassified as a minor. certain age.
  7. 7. Constitutional Protections and the JuvenileCourt: Kent vs. United States (1966) In re Gault (1967) In re Winship (1970) McKeiver vs. Pennsylvania (1971) Breed vs. Jones (1975)
  8. 8.  Identify and briefly describe the single most important Supreme Court case with respect to juvenile justice.
  9. 9.  In re Gault: ◦ Juveniles are entitled to many of the same due process rights granted to adult offenders, including notice of charges, the right to counsel, the privilege against self- incrimination, and the right to confront and cross- examine witnesses.
  10. 10.  The Supreme Court decisions from 1966-1975 move the juvenile justice system away from parens patriae and towards a more formalized system. Today, the legal status of children in the United States varies depending on where they live, with each state making its own policy on age limits.
  11. 11.  The Age Question The Culpability Question ◦ Juvenile Behavior ◦ Diminished Guilt
  12. 12.  Delinquency by the Numbers Girls in the Juvenile Justice System ◦ A Growing Presence ◦ Family-Based Delinquency
  13. 13.  Questions: ◦ How do you explain the recent rise of female juvenile delinquency? ◦ How does this story defy typical delinquency trends? How can you explain this?
  14. 14.  Describe the one variable that always correlates highly with juvenile crime rates.
  15. 15.  The older a person is, the less likely s/he will exhibit criminal behavior. Age of onset is a consistent predictor of future criminal behavior. Juvenile justice resources should be concentrated on the youngest offenders, with the goal of preventing crime and reducing the long-term risks for society.
  16. 16.  Substance Abuse – plays a major role in juvenile delinquency and crime Child Abuse and Neglect – 1 in 10 children in the U.S. suffers from mistreatment at the hands of a close family member
  17. 17.  Indicate some of the reasons why youths join gangs.
  18. 18.  Gangs ◦ Who Joins Gangs ◦ Why Do Youths Join Gangs?  Alienation from families and communities  Sense of identity  Necessity in a high-crime neighborhood  Excitement  Economic incentive  Geography ◦ Gangs and Crime
  19. 19.  Questions: ◦ What has the impact of gang violence been on the violent crime rate? ◦ What do you believe can be done to decrease the appeal of gang for juveniles?
  20. 20.  Police arrest about 1.2 million youth under 18 each year. Police can also act in loco parentis, or in the place of the parent, to protect the juvenile. After arrest, a trial is not automatic.
  21. 21.  List the factors that normally determine what police do with juvenile offenders.
  22. 22.  In making discretionary decisions, police usually consider: ◦ The nature of the offense ◦ Offender’s past history with the system ◦ Setting of the offense ◦ Ability/willingness of the child’s parents to take disciplinary action ◦ Attitude of the offender ◦ Offender’s race and gender
  23. 23.  Describe the four primary stages of pretrial juvenile justice procedure.
  24. 24. The intake officer has a number of options: Dismiss the case Divert the offender File a petition Transfer the case to adult court
  25. 25. Low-risk offenders can be removed from theformal juvenile justice system through diversion.Categories of pretrial diversion: Probation Treatment and aid Diversion
  26. 26. Methods of transfer to adult court: Judicial waiver Automatic transfer/Legislative waiver Prosecutorial waiver Less than 1 percent of all cases that reach juvenile court are waived to adult court.
  27. 27. Detention: Reasons to detain a juvenile: ◦ Threat to the community ◦ To ensure attendance in court ◦ Protection of the child
  28. 28.  Explain the distinction between an adjudicatory hearing and a disposition hearing.
  29. 29. Adjudication Hearing The process by which the court determines whether there is sufficient evidence to support the petition.Disposition Hearing The hearing in which the appropriate sanctions for the delinquent or status offender is determined.
  30. 30. Sentencing Juveniles: The best interests of the child Judicial discretion Predisposition report
  31. 31. Juvenile corrections is based on the conceptof graduated sanctions: Probation (the most common sanction) Non-secure confinement ◦ Foster care programs ◦ Group homes ◦ Family group homes ◦ Rural programs Secure confinement (e.g.: boot camp) Aftercare

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