Juvenile Justice Chapter 9

1
Juvenile Justice Chapter 9

• The Juvenile Court and Alternatives at Intake

2
Juvenile Court

• Has jurisdiction over minors
• Basically a Civil System
• Underlying philosophy is Parens Patriae
• Offers juveniles individualized treatment rather
  than punishment

3
Juvenile Court

• Purpose Statements
• Balanced and Restorative justice
• Advocates that juvenile courts give balanced
  attention to Public Safety, individual
  accountability to victims and the community,
  development in offenders of the skills necessary
  to live a low-abiding and productive life.
• Stand Juvenile Court Act Clauses (1925)
• Care, guidance and control that will be conducive
  to his welfare and the best interest of the state

4
Juvenile Court

• Purpose Statements (continued)
• Legislative Clauses
• To provide for the care, protection and wholesome
  mental and physical development of children
• To remove children committing delinquent the
  consequences of criminal behavior and toi
  substitute a program of supervision, care and
  rehabilitation
• To remove a child from the home only when
  necessary for his welfare or in the interests of
  society

5
Juvenile Court

• Purpose Statements (continued)
• Clauses emphasizing punishment, deterrence,
  accountability and/or public safety
• Stresses community protection, offender
  accountability, crime reduction through
  deterrence or punishment
• Clauses with Traditional Child Welfare Emphasis
• Treat not as criminals, but as children needing
  aid, encouragement or guidance
• Justice Model vs the Welfare model
• Paren Patriae best interest of the child
• Justice model youth held accountable and punished

6
Juvenile Court Jurisdiction

• Types of cases heard in JC
• Those who are neglected, ldependant or abused due
  to guardians
• Those who are incorrigible, ungovernable or staus
  offenders
• Those who violate laws, ordinances and codes
  classified as penal or criminal
• Criticisms of JC
• One-pot jurisdictional approach

7
Juvenile Court Jurisdiction

• Determined by offenders age and conduct
• See page 297
• No specific age for Hawaii (discretion by court
• Youths who violate Federal laws are considered
  delinquent and subject to JC
• Other Cases
• Adoptions, paternity and guadianship
• State is the higher parent of all children
  within its borders
• Wardship abused or neglected or committed a
  status or criminal act

8
Juvenile Court Jurisdiction

• Excluded from juvenile court
• Concurrent jurisdiction
• JC and CC UCR Part I offenses
• Venue usually takes place where the youth lives
• Types of Juvenile Court (3 types)
• Independent and separate
• Other judges preside over courts (CT, UT, RI)
• Part of Family Court
• Trial Court
• M
• o

9
Juvenile Court Characteristics

• Separate hearings for childrens cases
• Informal
• Regular probation
• Separate detention
• Special court and probation records
• Provisions for mental physical examinations
• Acts on behalf of neglected and abused children
• May be criminal or non-criminal

10
Juvenile Court Characteristics

• Coercive intervention
• Out of home placement, detainment or mandated
  therapy or counseling
• Therapeutic Intervention recommends treatment
• Child exhibiting violent behavior or sexually
  abused
• Treatment for children is long-term
• Corporal punishment doesn't work
• Early intervention

11
Juvenile Court Overview

• Juveniles typically enter JC through contact with
  police
• Delinquent can be detained
• Licensed foster home
• Facility operated by CWS
• Detention Home under direction of JC or public
  authority
• Other facility designated by JC
• Intake
• Conducted by intake officer who can
• Make recommendations to JC
• Release with lecture
• Recommend Prosecution
• Recommend dismissal, transfer to adult court,
  diversion or referral for adjudication