Chapter 13 The Juvenile Justice System Juveniles were not always considered a separate group of individuals for the criminal justice system to address. Historically, it has been the family’s responsibility to control and punish children. Eventually, the development of parens patriae took hold, which meant in the best interest of the child. This allowed the states to step in to control delinquent, unruly children when the family was unable to do so. Beginning in the 1960s, the U.S. Supreme Court started to address juveniles’ rights in the criminal justice system. The court established that juveniles were entitled to many of the same rights as adults were. The court did decide that juveniles were not entitled to a trial by jury, since that would make the system too adversarial. The main focus and goal of the juvenile system was rehabilitation and treatment. · Introduction: Juvenile Justice System · Built in part, on the approach that youth need protection and understanding · Distinct from the adult CJS in that it reflects this perspective and has its own special terms and procedures · Focuses on rehabilitation and the best interests of the child · Juvenile Justice: A Brief History · Grounded in English common law as jurists began to formally recognize and pass established standards related to a child’s inability to form intent · Certain people were incapable of forming the intent or action of committing a crime and identified “infants” as children too young to understand their actions and consequences · Children under the age of 7 were considered infants and viewed as incapable of forming the intent necessary for serious criminal offenses · Older children, those over 14, were treated as adults · Accountability for the in-between ages depended on the ability to distinguish between right and wrong · Development of a Different System for Juveniles · In the 18th century, children who engaged in wrongdoing were treated like adults in the penal system · In the home, parents were responsible for controlling behavior · Patria postestas established the father’s right to use strict discipline for unruly children · By 19th century, increased birth rates, immigration, and industrialization resulted in high numbers of dependent and destitute children · During 19th and 20th centuries, the child savers emerged as progressive reformers determined to improve treatment of juveniles · Believed children were not inherently bad or evil but a product of their environments · Initiated efforts to build institutions designed to rehabilitate juveniles · Houses of Refuge, controlled by the state, provided shelter and structure for dependent, neglected, and delinquent children · True age of reform began in 1899 with the creation of the juvenile court · 1899, Illinois passed the Juvenile Court Act designed to “regulate the treatment and control of dependent, neglected, and delinquent children” and opened the first juvenile-specific court in Cook County · By 1945, all s.

1. Chapter 13 The Juvenile Justice System
Juveniles were not always considered a separate group of
individuals for the criminal justice system to address.
Historically, it has been the family’s responsibility to control
and punish children. Eventually, the development of parens
patriae took hold, which meant in the best interest of the child.
This allowed the states to step in to control delinquent, unruly
children when the family was unable to do so.
Beginning in the 1960s, the U.S. Supreme Court started to
address juveniles’ rights in the criminal justice system. The
court established that juveniles were entitled to many of the
same rights as adults were. The court did decide that juveniles
were not entitled to a trial by jury, since that would make the
system too adversarial. The main focus and goal of the juvenile
system was rehabilitation and treatment.
· Introduction: Juvenile Justice System
· Built in part, on the approach that youth need protection and
understanding
· Distinct from the adult CJS in that it reflects this perspective
and has its own special terms and procedures
· Focuses on rehabilitation and the best interests of the child
· Juvenile Justice: A Brief History
· Grounded in English common law as jurists began to formally
recognize and pass established standards related to a child’s
inability to form intent
· Certain people were incapable of forming the intent or action
of committing a crime and identified “infants” as children too
young to understand their actions and consequences
· Children under the age of 7 were considered infants and
viewed as incapable of forming the intent necessary for serious
criminal offenses

2. · Older children, those over 14, were treated as adults
· Accountability for the in-between ages depended on the ability
to distinguish between right and wrong
· Development of a Different System for Juveniles
· In the 18th century, children who engaged in wrongdoing were
treated like adults in the penal system
· In the home, parents were responsible for controlling behavior
· Patria postestas established the father’s right to use strict
discipline for unruly children
· By 19th century, increased birth rates, immigration, and
industrialization resulted in high numbers of dependent and
destitute children
· During 19th and 20th centuries, the child savers emerged as
progressive reformers determined to improve treatment of
juveniles
· Believed children were not inherently bad or evil but a product
of their environments
· Initiated efforts to build institutions designed to rehabilitate
juveniles
· Houses of Refuge, controlled by the state, provided shelter
and structure for dependent, neglected, and delinquent children
· True age of reform began in 1899 with the creation of the
juvenile court
· 1899, Illinois passed the Juvenile Court Act designed to
“regulate the treatment and control of dependent, neglected, and
delinquent children” and opened the first juvenile-specific court
in Cook County
· By 1945, all states had implemented some type of juvenile
court
· Parens Patriae: In the Best Interest of the Child
· Latin for “parent of his country”
· Gives the state the power to act as a child’s parent; represents
an important aspect of juvenile system, although the idea of the
state assuming care of children is not without controversy
· The case of Ex Parte Crouse, decided in 1838 by the
Pennsylvania Supreme Court, expanded and reinforced the

3. importance of parens patriae
· Court determined that the state has a right and obligation to
remove children from questionable households lacking in
appropriate parental supervision
· Establishing Juvenile Rights
· In 1960s, several U.S. Supreme Court decisions changed the
treatment of juveniles in the system and granted them many of
the same due process rights outlined in the Bill Rights
· Kent v. U.S. (1966): established procedural safeguards for
juveniles charged with a serious offense
· The court ruling set the stage for informal hearings, which
entitled a child to counsel before the case was transferred to an
adult court
· In re Gault (1967): Supreme Court determined Gault was
denied due process and overturned his sentence
· Established rights for juveniles:
· Notice of the charges, legal representation, confrontation,
cross-examination of witnesses, and protection against self-
incrimination
· In re Winship (1970): changed the standard of evidence for
juvenile court
· Guilt was based on a preponderance of evidence, and many of
involved parties believed such a lengthy and punitive sentence
should be based on stricter standards of reasonable doubt
· McKeiver v. Pennsylvania (1971): Court held that juveniles
brought to trial had no right to a jury trial
· Majority opinion ruled the jury trials would create an
adversarial system, ignoring one basic premise of the juvenile
courts and adding substantial costs, delays, and unnecessary
formality
· Roper v. Simmons (2005): addressed the use of capital
punishment for juvenile offenders
· Simmons was tried as an adult and sentenced to death
· 5–4 decision, Court ruled that based on standards of decency,
the execution of minors violated the 8th Amendment
· Graham v. Florida (2010): addressed the question about

4. juveniles serving life sentences without parole
· Life sentence without parole for a juvenile who did not
commit a homicide is cruel and unusual punishment
· Eliminated sentences with life without parole for nonhomicide
cases
· The Contemporary Juvenile Justice System
· Youthful offenders are typically considered an individual who
is 18 years old or younger (can vary by state)
· Juvenile delinquency refers to youthful offenders who engage
in illegal acts (theft, burglary, robbery, property damage)
· Status offenses: acts illegal only for juveniles (running away,
truancy, possession of alcohol)
· Juvenile Justice and Delinquency Prevention Act in 1974:
· Designed to prevent delinquency and improve the juvenile
justice system
· As a result, the Office of Juvenile Justice and Delinquency
Prevention was established to support community efforts to
provide treatment and rehabilitation programs
· Rates of Juvenile Delinquency
· In 1980s and early 1990s, juvenile offending rates increased
substantially
· Urban areas showed the highest arrest rates of juveniles
· Superpredators
· During 1990s, members of the public and politicians believed
the country was headed into a never-ending wave of juvenile
violence that would spin out of control
· Fear of juvenile violence was further promulgated by the
introduction of the juvenile superpredator by John Dilulio
· Called attention to juveniles who recklessly engaged in
violent, impulsive acts of murder, assault, robbery, and burglary
· Despite his research, the wave of crime by superpredators was
untrue
· Females: Juvenile Arrests and Serious Violence
· In 2010, 29% of juvenile arrests involved female offenders
· Juvenile females are not committing more violent offenses but
are getting arrested for minor and status offenses

5. · Racial Disparities: Juvenile Arrests and Serious Violence
· Minorities represent a disproportionate number of arrested
juvenile offenders
· Law enforcement efforts to detect delinquent acts often focus
on poor, minority neighborhoods where crime rates tend to be
higher
· Steps in the Juvenile Justice System
· Police: first point of contact for juveniles, like adults
· In most departments, a juvenile officer or specialized unit is
available to handle the case after a patrol officer makes an
apprehension
· Police hold a great deal of discretion when dealing with
juveniles
· Loco parentis, a cornerstone concept in the juvenile justice
system, means an institution or an agent of an institution can act
in the best interest of the youth
· Problems between police and juveniles occur because
juveniles often show little respect for authority
· Juveniles with hostile or aggressive attitudes toward officers
are more likely to be arrested, which may also contribute to the
relatively high number of minorities in the juvenile justice
system
· Law enforcement efforts to build community relationships
have emerged in several popular programs
· Drug Awareness Resistance Education (D.A.R.E.): designed to
educate schoolchildren about the dangers of drugs
· School resource officers assigned to one school to interact
with administrators, teachers, and students as part of community
policing efforts
· Schools have adopted zero-tolerance approach
· Court: roughly mirrors the adult system but takes a more
informal path
· Diversion decisions are generally based on information
gathered from the victim of the act, the parents of the juvenile,
and the juvenile, as well as a review of previous contacts
· Goal of diversion is to keep youth low-risk offenders from

6. entering into the more formal processing of the juvenile system
· First step is intake
· Similar to an initial hearing for adults
· When they are taken to a detention center by law enforcement,
they meet with an intake officer, juvenile probation officer or
prosecutor
· Several options available:
· Divert juvenile from the system and dismiss the case (20% of
all cases are dismissed at intake)
· Deferred status or informal probation: requires s/he stay out of
trouble for a certain length of time in order for the charges to be
dismissed
· Terms of the conditions of deferred status are outlined in a
document known as a consent decree
· File for a petition for a court hearing
· Delinquency petition is issued if the intake officer believes the
behavior of the juvenile warrants a more formal hearing and
adjudication
· Filing a waiver petition to transfer youth to adult criminal
court
· When juveniles are not released to their parents before the
adjudication by a judge, they may be detained in a secure
facility
· Detention hearing is held to ensure due process rights of the
juvenile are followed
· Adjudication is like a criminal court trial in the adult system,
but proceedings are less formal
· Ensures juveniles’ due process rights have not been violated
· Currently provides no right to a jury trial for juveniles
· Disposition: after adjudication, a judge will decide on the best
placement of a delinquent youth during disposition hearing
· Probation department gathers background and current
information on the juvenile and presents the material in a
predisposition report
· Includes:
· Previous offenses, gang involvement, school performance,

7. psychological evaluations, and/or interviews with parents,
teachers, and school counselors
· Judge determines whether the juvenile becomes a ward of the
state and then assumes responsibility of the child
· Wide array of dispositions are available:
· Restitution/fines
· Therapy
· Psychiatric treatment
· Residential treatment facilities
· House arrest and electronic monitoring
· Probation
· Day treatment/reporting centers
· Secure confinement
· Probation is most widely used but least effective disposition
· Boot camps: military training model with regimented
programming including physical drills, hard labor, and job
skills training
· Aftercare: after a juvenile is released, either early or upon
completing the disposition sentence, placed on aftercare
· Equivalent to adults being placed on parole
· Designed to reduce recidivism by offering support and
monitoring juveniles through supervision
· Aftercare is the final phase of completing a sentence
· Intensive aftercare programs (IAP) are designed to use both
surveillance and treatment to facilitate the transition of high-
risk youth from confinement back into the community
· Five guiding principles:
· Preparing youth for increasing responsibility and freedom in
the community
· Facilitating interaction and involvement between the juvenile
and the community
· Working with the youth and community support systems
required for the youth’s successful return to the community
· Developing new resources and support for juveniles as needed
· Monitoring and investigating the ability of the youth and the
community to work productively together

8. · Waiving Juveniles to Adult Courts
· Waivers are controversial because they undermine the doctrine
of parens patriae
· Jurisdictional transfers are punitive in nature and result in
harsher punishment
· Two groups of juveniles are identified as more likely to be
transferred to adult criminal court:
· Those who are beyond rehabilitation
· Those worthy of greater punishment
· Four types of waivers may be used in legal proceedings:
· Judicial waiver: may occur when the offense is serious or the
youth has a long history of involvement in the system
· Prosecutorial direct files: prosecutors have the discretion to
transfer a juvenile if they believe the offense and the offender
warrant harsher punishment
· Automatic waivers: determined by legislative action and
transfer juveniles of certain ages designated in statues for
offenses like murder
· Reverse transfer: allows a judge or prosecutor to send the case
back to the juvenile court
· Victims
· Today, most states provide victims of juvenile delinquency
some or all of the rights afforded those victimized by adults
Introduction to Criminal Justice
Fayetteville Tech Custom Edition
Chapter 7
Juvenile Justice
Callie Rennison & Mary Dodge
Learning Objectives

9. After finishing this Chapter, you should be able to:
Discuss why the doctrine of parens patriae shapes and maintains
the juvenile justice system.
List the major differences between juvenile courts and adult
courts.
Summarize the important Supreme Court cases with respect to
juvenile rights.
Identify the various placement and treatment options for
adjudicated juveniles.
Explain the process and reasons for transferring juvenile to
adult court.
Juvenile Justice System
Built, in part, on the approach that youth need protection and
understanding
Distinct from the adult CJS in that it reflects this perspective
and has its own special terms and procedures
Focuses on rehabilitation and the best interests of the child
Brief History
Grounded in English common law as jurists began to formally
recognize and pass established standards related to a child’s
inability to form intent
Children under the age of 7 were infants and viewed as
incapable of forming the intent necessary for serious criminal
offenses
Older children, those over 14, were treated as adults
Accountability for the in-between ages depended on the ability
to distinguish between right and wrong
Brief History
Development of a different system

10. In 18th century, children who engaged in wrongdoing were
treated like adults
Patra Postetas established the father’s right to use strict
discipline for unruly children
By 19th century, increased birthrates, immigration, and
industrialization resulted in high numbers of dependent and
destitute children
Brief History
Development of different system:
During 19th and 20th centuries, the child savers emerged as
progressive reformers determined to improve treatment of
juveniles
Believed children were not inherently bar or evil, but a product
of their environments
Initiated efforts to build institutions designed to rehabilitate
juveniles
House of Refuge provided shelter and structure dependent,
neglected, and delinquent children
Brief History
True age of reform began in 1889 with the creation of the
Juvenile Court
1899, Illinois passed the Juvenile Court Act designed to
“regulate the treatment and control of dependent, neglected, and
delinquent children” and opened the first juvenile specific court
in Cook County
By 1945, all states have implemented some type of juvenile
court
Brief History
Parens Partiae: In the best interest of the child
Latin for “parent of his country”

11. Gives the state the power to act as a child’s parent
Ex Parte Crouse: decided in 1838 by the Pennsylvania Supreme
Court, expanded and reinforced the importance of parens patriae
Court determined that the state has a right and obligation to
remove children from questionable households lacking in
appropriate parental supervision
Juvenile Rights
In 1960s, several Supreme Court decisions changed the
treatment of juveniles in the system and granted them many of
the same due process rights outlined in the Bill of Rights
Kent v. US (1966):
Established procedural safeguards for juveniles charged with a
serious offense
Court ruling set the stage for informal hearings, which entitled
a child to counsel before the case was transferred to an adult
court
Juvenile Rights
In re Gault (1967)
Supreme Court determined Gault was denied due process and
overturned his sentence
Established rights for juveniles:
Notice of charge, legal representation, confrontation, and cross-
examination of witnesses, and protection against self-
incrimination
Juvenile Rights
In re Winship (1970)
Changed the standard of evidence for juvenile court
Guilt was based on preponderance of evidence and many of
involved parties believed such a lengthy and punitive sentence
should be based on stricter standards of reasonable doubt

12. Juvenile Rights
McKeiver v. Pennsylvania (1971)
Court held that juveniles brought to trial had no right to a jury
trial
Majority opinion ruled that jury trials would create an
adversarial system ignoring basic premise of the juvenile court
and add substantial costs, delays, and unnecessary formality
Juvenile Rights
Roper v. Simmons (2005)
Addressed the use of capital punishment for juvenile offenders
5-4 decision, Court ruled that based on standards of decency the
execution of minors violated the 8th amendment
Juvenile Rights
Graham v. Florida (2010)
Addressed the question about juveniles serving life sentences
without parole
Life sentence without parole for a juvenile who did not not
commit a homicide is cruel and unusual punishment
Contemporary Juvenile
Justice System
Youthful offenders are typically considered an individual who
is 18 years old or younger (can vary by state)
Juvenile delinquency refers to youthful offenders who engage in
illegal acts (theft, burglary, robbery, property damage)
Status offenses: acts illegal only for juveniles (running away,

13. truancy, possession of alcohol)
Contemporary Juvenile
Justice System
Juvenile Justice and Delinquency Prevention Act of 1974
Designed to prevent delinquency and improve the juvenile
justice system
As a result, the Office of Juvenile Justice and Delinquency
Prevention was established to support community efforts to
provide treatment and rehabilitation programs
Contemporary Juvenile
Justice System
Rates of Juvenile Delinquency
In 1980s and early 1990s, juvenile offending rates increased
substantially
Urban areas showed the highest arrest rates of juveniles
Contemporary Juvenile
Justice System
Superpredators:
During 1990s, members of the public and politicians believed
the country was headed into a never-ending wave of juvenile
violence that would soon spin out of control
Fear of juvenile violence was further promulgated by the
introduction of the juvenile superpredator by John Dilulio
Contemporary Juvenile
Justice System
Superpredator:
Called attention to juveniles who recklessly engaged in violent,

14. impulsive acts of murder, assault, robbery, and burglary
Despite Dilulio’s research, the wave of crime by superpredators
was untrue
Contemporary Juvenile
Justice System
Females: Juvenile Arrests and Serious Violence
In 2010, 29% of juveniles arrests involve female offenders
Juveniles females are not committing more violent offenses, but
getting arrested for minor and status offenses
Contemporary Juvenile
Justice System
Racial Disparities: Juveniles Arrests and Serious Violence:
Minorities represent a disproportionate number of arrested
juvenile offenders
Law enforcement efforts to detect delinquent acts often focus on
poor, minority neighborhoods where crime rates tend to be
higher
Steps in the Juvenile
Justice System
Police: first point of contact for juveniles, like adults
In most departments a juvenile officer or specialized unit is
available to handle the case after a patrol officer makes an
apprehension
Police hold a great deal of discretion when dealing with
juveniles
Steps in the Juvenile
Justice System

15. Problems between police and juveniles occur because juveniles
often show little respect for authority
Law enforcement efforts to build community relationships have
emerged in several programs:
D.A.R.E.
School Resource Officers
Steps in the Juvenile
Justice System
Court: roughly mirror the adult system, but take a more
informal path
Diversion decisions are generally based on information gathered
from the victim of the act, the parts of the juvenile, and the
juvenile, as well as a review of previous contacts
Goal of diversion is to keep youth low risk offenders from
entering the more formal processing of the juvenile system
Steps in the Juvenile
Justice System
Court: first step intake
Similar to an intitial hearing for adults
When they are taken to a detention center by law enforcement
they meet with an intake officers, juvenile probation officer, or
prosecutor
Steps in the Juvenile
Justice System
Court: Intake
Several options:
Divert juvenile from the system and dismiss the case (20% of
all cases are dismissed at intake)
Deferred status or informal probation: requires s/he stays out of
trouble for a certain length of time in order for the charges to be

16. dismissed
File for a petition for a court hearing
Issued If the intake officer believes the behavior of the juvenile
warrants a more formal hearing and adjudication
Filing a waiver petition to transfer youth to adult criminal court
Steps in the Juvenile
Justice System
Court:
When juveniles are not released to their parents before the
adjudication by a judge, they may be detained in a secure
facility
Detention hearing is held to ensure due process rights of
juvenile are followed
Adjudication is like a criminal court trial in the adult system,
proceedings are less formal
Currently provides no right to a jury trial for juveniles
Steps in the Juvenile
Justice System
Disposition: after adjudication, a judge will decide on the best
placement of a delinquent youth during disposition hearing
Probation department gathers background and current
information on the juvenile and presents the material in a
predisposition report
Steps in the Juvenile
Justice System
Disposition:
Predisposition report:
Previous offenses, gang involvement, school performance,
psychological evaluations, and/or interviews with parents,
teachers, and school counselors

17. Steps in the Juvenile
Justice System
Disposition:
Judge determines whether or not the juvenile becomes a ward
of the state and then assumes responsibility of the child
Wide array of dispositions are available:
Restitutions/fines, therapy, psychiatric treatment, residential
treatment facilities, house arrest and electronic monitoring,
probation, day treatment/reporting centers, secure confinement
Steps in the Juvenile
Justice System
Disposition:
Probation is most widely, but least effective, used disposition
Boot camps: military training model with regimented
programming including physical drills, hard labor, and job
skills training
Steps in the Juvenile
Justice System
Aftercare: after a juvenile is released, either early or upon
completing the disposition sentence, placed on aftercare
Equivalent to adults being placed on parole
Final phase of completing a sentence
Intensive Aftercare Programs (IAP) are designed to use both
surveillance and treatment to facilitate the transition to high
risk youth from confinement back into the community
Steps in the Juvenile
Justice System
Intensive Aftercare Programs (IAP)

18. Principles:
Prepare youth for increasing responsibility and freedom in the
community
Facilitating interaction and involvement between the juvenile
and community
Working with the youth and community support systems
required for the youth’s successful return to the community
Developing new resources and support for juveniles as needed
Monitoring and investigating the ability of the youth and the
community to work productively together
Steps in the Juvenile
Justice System
Waiving juveniles to adult courts:
Waivers are controversial because they undermine the doctrine
of parens patriae
Two groups of juveniles are identified as more likely to be
transferred:
Those who are beyond rehabilitation
Those worthy of greater punishment
Steps in the Juvenile
Justice System
Types of waivers:
Judicial waiver: may occur when the offense is serious or the
youth has a long history of involvement in the system
Prosecutorial direct files: prosecutors have the discretion to
transfer a juvenile if they believe the offense and the offender
warrant harsh punishment
Steps in the Juvenile
Justice System
Types of waivers

19. Automatic waivers: determined by legislative action and
transfer juveniles of certain ages designated in statutes for
offenses like murder
Reverse transfer: allows a judge or prosecutor to send the case
back the juvenile court
Victims
Today, most states provide victims of juvenile delinquency
some or all of the rights afforded to those victimized by adults