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Chapter 8 power point
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- 2. What Is Juvenile Delinquency? –Falls under umbrella of civil law – Delinquent – Latin for “to leave undone” – Reflects rehabilitative nature – Juveniles historically subject to laws that make some actions illegal for them that are legal for adults – Status offenses – Constitute largest proportion of juvenile offenses – CHINS – PINS
- 3. The Extent ofDelinquency – Public image fueled by sensationalized media accounts of atypical cases – Juveniles commit disproportionate percentage of FBI’s UCR Part I index crimes – Youths under 18 accounted for 16 percent of Part I index crimes in 2009 – Youth only comprised about 6 percent of American population – Individuals who do not engage in some form of antisocial behavior are statistically abnormal
- 4. New York Academyof Sciences Conference (2003) – Key messages: – Much of behavior characterizing adolescence is rooted in biology intermingling with environmental influences to cause teens to conflict with parents, take more risks, and experience wide mood swings in emotion – Lack of synchrony between physically mature body and still maturing nervous system may explain behaviors – Adolescent sensitivities to rewards appear to be different than in adults, prompting them to seek higher levels of novelty and stimulation to achieve same feeling of pleasure
- 5. Developmental Factors and JuvenileDelinquency – Puberty marks onset of transition from childhood to adulthood – Neurotransmitters increase during this period – Inhibitory transmitters decrease – Brain undergoes period of physical reorganization – Adolescent brain is immature – In context of justice philosophy, best treatment is simply growing older – Adolescent limited offenders versus life-course persistent offenders – Reaffirmed by cohort studies
- 6. History and Philosophyof Juvenile Justice – Historically, youth considered to be property – Idea of not assigning culpability to young children is relatively new – Age seven under common law – Jurisdictions vary – Early Rome – Children considered property of father – Patria potestas – Fourth century Rome – Father’s power limited – Paterna pietas
- 7. History and Philosophyof Juvenile Justice – Middle Ages – Gradual lessening of brutal nature of treatment – Children under seven not responsible – Special status for children between seven and fourteen – Fourteen cut-off age for adulthood (marriable)
- 8. Institutional Control – Thirteenthcentury – Courts adopted parens patriae – Gave king right to intercede – State, not parents, had authority over children – Binding out – Vagrancy and laziness laws – Bridewells
- 9. Childhood in theUnited States – Delinquent British youth sent to colonies as indentured servants – Usually four-year sentences – Considered legal property of “owners” – Juveniles arrested were placed in jails and prisons – Economic downturn in 1800 in United States limited opportunities – Caused vagrancy and begging to increase
- 10. Childhood in theUnited States – Society for the Prevention of Pauperism – Known later as Society for the Reformation of Juvenile Delinquents (SRJD) – Primary causes of criminal behavior were economic – Give children food, shelter, and vocational training – New York House of Refuge in 1825 – Children assigned remained until determined to be reformed – Criteria for admission often arbitrary – Parents could place children there for such offenses as being idle and disorderly
- 11. Childhood in theUnited States – Ex Parte Crouse (1838) – Parental rights superseded by best interest of child doctrine – Purpose of House of Refuge was to train and care for children – Acted like Bridewells – Indeterminate nature of children’s residence allowed institutions great deal of latitude in their treatment
- 12. The Child Savers –Middle-class discontent with government corruption and inefficiency – Progressives – Sought for professionalization of public service – Began “ideological attack” on houses of refuge – Believed juveniles could be molded into better citizens – Placed children in farms in western United States – Motives may have been less than altruistic – Many believed poor to be innately criminal – Poverty a sign of personal defects
- 13. The Beginning ofthe Juvenile Courts – Cook County, Illinois (1899) – Every state had a juvenile court by 1945 – Used civil law standards – Preponderance of the evidence – Judges given wide latitude – Different terms used than in adult system – Reflect rehabilitative nature of system
- 14. Terminology of Juvenile System AdultSystem – Arrested – Indictment/information – Defendant – Arraigned – Plead – Jury trial – Guilty Juvenile System – Taken into custody – Petitions the court – Respondent – Hearing – Admits or denies – Adjudicatory hearing – Adjudicates respondent delinquent
- 15. Terminology of Juvenile System AdultSystem – Pre-sentence investigation report – Incarcerated – Prison – Paroled Juvenile System – Predispositional or social inquiry report – Detained – Training school – Aftercare
- 16. Juvenile Waiver toCriminal Court – Under certain circumstances, juveniles can be transferred to adult court – Lose status as minors – Are legally culpable for alleged crime – Age criterion varies from state to state – About 1.5 percent of juvenile cases are waived – Three primary ways
- 17. Juvenile Waiver toCriminal Court – Judicial waiver – Judges given discretion after “full inquiry” – Forty-eight states allow for this type – Some have mandatory waiver but judges must determine if criteria is met – Some also have presumptive waiver – Prosecutorial discretion/direct file – Allows prosecutors to file some cases in either juvenile or adult court – Fourteen states and District of Columbia allow for this type
- 18. Juvenile Waiver toCriminal Court – Statutory exclusion/legislative waiver – State legislatures statutorily exclude certain offenses (most serious) from juvenile courts for those over certain age – Vary from state to state – Thirty-one states allow for this type – Presumed social benefits have not materialized – Does not guarantee more punitive disposition
- 19. Extending Due Processto Juveniles – Critics argued parens patriae doctrine allowed too much latitude for courts to restrict rights of juveniles – Argued similarities to adult correctional practices made it more punitive – Juveniles should be afforded same due process protections as adults – Courts maintained hands-off policy with regard to juveniles until 1948
- 20. Extending Due Processto Juveniles – Haley v. Ohio (1948) – Fourteenth Amendment prohibits police from violating due process clause in obtaining confessions from juveniles – Illegal confessions are inadmissible in court – Kent v. United States (1966) – Waiver decision is a critically important stage – Juveniles have constitutional rights
- 21. Extending Due Processto Juveniles – In re Gault (1967) – Established five basic due process rights for adjudication hearings: 1. Proper notification of charges 2. Legal counsel 3. Confront witnesses 4. Privilege against self-incrimination 5. Appellate review
- 22. Extending Due Processto Juveniles – In re Winship (1970) – Beyond reasonable doubt standard necessary when incarceration is a possibility – McKeiver v. Pennsylvania (1971) – Juveniles do not have the right to a trial – Breed v. Jones (1975) – Double jeopardy applies between juvenile and adult courts
- 23. Extending Due Processto Juveniles – Schall v. Martin (1984) – Preventive detention is constitutional – Graham v. Florida (2010) – Imposition of life sentences without possibility of parole for juvenile is unconstitutional unless given for sentence of murder – Miller v. Alabama (2012) – Mandatory life without parole for juveniles violates Eighth Amendment’s prohibition on cruel and unusual punishment
- 24. The Juvenile DeathPenalty – Greatest moral issue associated with juvenile justice – Between 1973-2003, twenty-two juvenile offenders executed in United States – Thirteen of those in Texas – Issue has gone before Supreme Court on four occasions – Eddings v. Oklahoma (1982) – Court must consider all mitigating factors in deciding whether to impose the death sentence
- 25. The Juvenile DeathPenalty – Thompson v. Oklahoma (1988) – Court drew the line for death penalty at age sixteen – Stanford v. Kentucky (1989) – Constitutionally permissible to execute juveniles who committed their crimes at age sixteen or seventeen – Reaffirmed minimum age set in Thompson – Roper v. Simmons (2005) – Court drew new line at age eighteen – Violation of Eighth Amendment’s prohibition on cruel and unusual punishment
- 26. Eroding the Distinctionbetween Adult and Juvenile Court Systems – Preceding cases created procedures that mirrored those of adult courts – Juveniles have given up some benefits to gain others – Interesting example is application of Megan’s Law provisions to juveniles – Megan’s Law – Requires adjudicated delinquent sex offenders as well as convicted adult sex offenders to register with law enforcement agencies for rest of their lives
- 27. Restorative Justice – Onemajor innovation in juvenile justice was based off of a Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant – Called for strategic development of juvenile justice policies and models based on philosophy of juvenile crime as a social problem – Result was restorative justice in juvenile corrections
- 28. Restorative Justice – Restorativejustice defined – Compromise between hard punishment and soft rehabilitation – Holds offenders accountable while healing harm done to victim and community – Often involves face-to-face contact between victim and criminal – All previous models were “offender driven”
- 29. Restorative Justice – Balancedapproach focuses on three equally important components for sanctioning of juveniles: 1. Hold juveniles accountable 2. Protect the community 3. Competency development programs – VORPS – Very successful – 97 percent satisfaction among victims
- 30. Restorative Justice – OJJDPhas embraced balanced approach to restorative justice – Not meant to replace traditional methods of dealing with delinquents and criminals – How well does it work? – Depends on what we want to accomplish