The Juvenile Justice System

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• Chapter 15
• The Juvenile Justice System

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Learning Outcomes

• LO1 Describe the child-saving movement and its
  relationship to the doctrine of parens patriae.
• LO2 List the four major differences between
  juvenile courts and adult courts.
• LO3 Describe the four primary stages of the
  pretrial juvenile justice procedure.
• LO4 Explain the distinction between an
  adjudicatory hearing and a disposition hearing.
• LO5 Describe the one variable that always
  correlates with highly juvenile crime rates.

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Describe the child- saving movement and its
relationship to the doctrine of parens patriae.
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Learning Outcome 1

• parens patriae
• The state not only has a right but also a duty to
  care for children who are neglected, delinquent,
  or in some other way disadvantaged.

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Learning Outcome 1

• Child Savers
• Illinois Juvenile Court Act (1899)
• First court created specifically for juveniles
  guided by parens patriae.

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List the four major differences between juvenile
courts and adult courts.
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Learning Outcome 2

• No juries
• Different terminology
• No adversarial relationship
• Confidentiality

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Learning Outcome 2

• Status Offenses
• An act that is considered grounds for
  apprehension and state custody.
• Smoking, drinking, truancy, disobeying teachers,
  running away from home, violating curfew, sexual
  activity, profane language.

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Learning Outcome 2

• Juvenile delinquency
• Conduct that would be criminal if conducted by an
  adult.

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Learning Outcome 2

• Constitutional Protections and the Juvenile
  Court
• Kent v. United States (1966)
• In re Gault (1967)
• In re Winship (1970)
• Breed v. Jones (1975)
• McKeiver v. Pennsylvania (1971)

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Learning Outcome 2

• The Supreme Court decisions from 1966-1975 move
  the juvenile justice system away from parens
  patriae and towards a more formalized system.

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Learning Outcome 2

• Determining Delinquency
• Age
• Culpability

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(No Transcript)
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Describe the four primary stages of pretrial
juvenile justice procedure.
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Learning Outcome 3

• The four primary pretrial stages are
• Intake
• Pretrial diversion
• Waiver to adult court
• Detention

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Learning Outcome 3

• The intake officer has a number of options
• Dismiss the case
• Divert the offender
• File a petition
• Transfer the case to adult court

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Learning Outcome 3

• Categories of pretrial diversion
• Probation
• Treatment and aid
• Diversion

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Learning Outcome 3

• Methods of transfer to adult court
• Judicial waiver
• Automatic transfer
• Prosecutorial waiver

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CAREERPREP

• Juvenile Detention Officer
• Job Description
• Oversee the detention of juvenile offenders being
  held in temporary custody before the adjudicatory
  process begins. Observe the behavior of and, when
  necessary, counsel the juvenile offenders to
  ensure their safety during the detention period.
• Maintain personal relationships with the juvenile
  offenders so as to supervise their progress in
  educational, recreational, and therapeutic
  activities while housed at the detention center.
• What Kind of Training Is Required?
• A high school diploma plus at least three years
  of work experience involving children of school
  age (seven to seventeen years) or one year of
  college education for each year of experience
  lacking.
• Physical agility and strength, as well as a firm
  manner in dealing with juveniles who may present
  severe disciplinary problems.
• Annual Salary Range?
• 23,30033,700
• For additional information, visit www.npjs.org.

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Learning Outcome 3

• Detention
• Justifications for detention
• The child poses a danger to the community
• The child return for adjudication process
• Detention will provide protection for the child
• Schall v. Martin (1985)
• Supreme Court upheld preventive detention

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Explain the distinction between an adjudicatory
hearing and a disposition hearing.
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Learning Outcome 4

• Adjudicatory hearing
• Goal providing the respondent with the
  essentials of due process and fair treatment.
• Respondent has right to notice of charges,
  counsel, confrontation, cross-examination, and
  protection from self-incrimination.

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Learning Outcome 4

• Disposition hearing
• Follows the adjudicatory hearing
• Judge decides what steps will be taken toward
  treatment or punishment

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Learning Outcome 4

• Sentencing Juveniles
• The needs of the child
• Predisposition report
• Judicial discretion

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Learning Outcome 4

• Juvenile corrections is based on the concept of
  graduated sanctions
• Probation (the most common sanction)
• Non-secure confinement
• Secure confinement
• Aftercare

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Learning Outcome 4

• Non-secure confinement
• Foster care
• Group homes
• Family group homes
• Rural programs

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Learning Outcome 4

• Secure Confinement
• Boot camps
• Training schools
• Aftercare
• Focused on reentry

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CAREERPREP

• Youth Worker
• Job Description
• Provide safety, security, custodial care,
  discipline, and guidance for youths held in
  juvenile correctional facilities.
• Play a critical role in the rehabilitation of
  youthful offenders and, as a result, have a
  potentially great impact on their success during
  and after incarceration.
• What Kind of Training Is Required?
• A bachelors degree in human services, behavioral
  science, or a related field.
• Professional and respectful communication skills
  and a commitment and dedication to the needs of
  adolescent offenders and their families.
• Annual Salary Range?
• 33,00052,000
• For additional information, visit
  www.youthtoday.org/template/index.cfm.

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Mastering Concepts
The Juvenile Justice System versus the Criminal
Justice System
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Learning Outcome 4

• Juveniles are responsible for
• 10 percent of all murders
• 13 percent of all aggravated assaults
• 15 percent of all forcible rapes
• 23 percent of all weapons arrests
• 27 percent of all robberies
• 26 percent of all property crimes
• 11 percent of all drug offenses

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Source Office of Juvenile Justice and
Delinquency Prevention, Statistical Briefing
Book, at www.ojjdp.ncjrs.org/ojstatbb/crime/JAR.a
sp.
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Learning Outcome 4

• Reasons for the decline in juvenile arrest rates
• Decline of crack cocaine
• The increase of police action against
  quality-of-life crimes
• zero-tolerance policies

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Learning Outcome 4

• School Violence
• Juveniles are 50x more likely to be murdered away
  from school
• Schools are safer today than they have been in
  the past
• 85 of schools control access during the school
  day

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Describe the one variable that always correlates
highly with juvenile crime rates.
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Learning Outcome 5

• Risk factors for juvenile offending
• Age
• Substance abuse
• Child abuse and neglect
• Gangs
• Guns