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Chapter 14

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Chapter 14

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  1. Chapter 14 Juvenile Justice, Probation, and Parole

  2. Introduction • Although the rate of juvenile crime has declined, juvenile arrests still account for 17% of all violent crimes and 26% of all property crimes each year in the U.S. • The juvenile justice system seeks to do what is best for the welfare and safety of each juvenile’s situation. • On the other hand, the theory of just deserts advocates accountability for youth offenders. LO: 1

  3. In re Gault: The Decline of Parens Patriae • The leading due process case in juvenile justice is In re Gault (1967). • The U.S. Supreme Court said that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone.” • In re Gault is significant because it was the first case decided by the U.S. Supreme Court that gave juveniles due process rights, but it was also the beginning of the decline of the pure parens patriae approach. LO: 2

  4. Significant Legal Cases • Kent v. United States (383 U.S. 541 [1966]): Juveniles must be given due process rights when transferred from juvenile to adult court. • In re Winship (397 U.S. 358 [1970]): Proof beyond a reasonable doubt, not simply a preponderance of the evidence, is required in juvenile adjudication hearings in cases where the act would have been a crime if committed by an adult. LO: 4

  5. Significant Legal Cases, Con’t. • Breed v. Jones (421 U.S. 517 [1975]): Juveniles are entitled to the constitutional right against double jeopardy in juvenile proceedings. • Schall v. Martin (467 U.S. 253 [1984]): Preventive detention of juveniles is constitutional. • New Jersey v. T.L.O (469 U.S. 325 [1985]): Public school officials need reasonable grounds to search students; they do not need a warrant or probable cause. • McKeiver v. Pennsylvania (403 U.S. 528 [1971]): Juveniles have no constitutional right to trial by jury even in juvenile delinquency cases where the juvenile faces a possible incarceration. LO: 4

  6. Gault’s Due Process • Reasonable notice of the charges • Counsel, appointed by the state if the juvenile is indigent • The ability to confront and cross-examine witnesses • The privilege against self-incrimination LO: 2

  7. Juvenile and Adult Systems • Despite the growing similarity between juvenile and adult criminal proceedings, some differences persist: • The role of the juvenile court judge • The severity of the punishment imposed • The imposition of the death penalty as an ultimate sanction LO: 3

  8. Differences in Systems • Terminological differences are more symbolic than substantive. • The terms have minimal impact on the process because the procedures are similar regardless of the language used. • For example, sentencing and disposition both subject the offender to lawfully prescribed sanctions, including incarceration. LO: 3

  9. Jurisdiction of Juvenile Courts • The jurisdiction of juvenile courts varies from state to state and is based on: • Age - most states have a youngest age of 10 and an oldest age of 17 years at the time the act was committed. • Acts committed are based on 2 types: • Juvenile delinquency - acts punishable under the state’s penal code. • Conduct in need of supervision (CINS) - acts that would not be punishable if committed by adults. LO: 5

  10. Transfer Provisions • All states provide the means for the transfer of jurisdiction from juvenile to adult courts by 1 of the following: • A Judicial Waiver, in which the judge has the authority to transfer the case. • Concurrent Jurisdiction, where jurisdiction is shared by both courts and the discretion lies with the prosecutor. • Statutory Exclusion, in which the legislature excludes certain juveniles from juvenile court jurisdiction. LO: 4

  11. Overview of the Juvenile Justice Process • Procedure before Adjudication • Juvenile behavior is brought to the attention of the government by diverse sources. • Juvenile cases are handled formally or informally. • The Intake Stage • The intake process - usually a probation officer screens the juvenile to determine if the case should proceed further. LO: 4

  12. Juvenile Justice Process • The Adjudication Stage • Adjudication is the equivalent of a trial in adult court. • The Disposition Stage • Disposition is the equivalent of sentencing in adult court, but the judge has more discretion. • Blended Sentences • As of 2004, 15 states authorized juvenile courts to impose adult criminal sanctions on certain juvenile offenders. • Release from an Institution • If confined to an institution, release is left to the discretion of institutional officials. LO: 4

  13. Juvenile Probation • As it is with adults, probation is the disposition most often used by judges when formally adjudicating juvenile delinquency cases. • Juvenile court judges have wide discretion to set conditions typically designed to control as well as rehabilitate. • Juvenile probation conditions are both mandatory and discretionary. LO: 5

  14. Change/Superheroes • Changing attitudes and behaviors is a difficult and sometimes painstaking process. The change process is the essence of juvenile probation, and its most effective tool for rehabilitation. • Termed by Jacobs as modern day “superheroes” the creativity and sacrifice the officers make in their jobs despite the system barriers is noteworthy (Jacobs 1990). LO: 1

  15. ISP and School Based Probation • Intensive Supervision Probation (ISP) provides intensive surveillance and contact aimed at reducing criminal conduct. • School-based probation places probation officers in middle, junior high and high school buildings, and has been found to be effective. • Benefits of school-based probation are: more contact, better monitoring, and focus on school success. LO: 4

  16. Fare v. Michael C. • In Fare v. Michael C. (1985), the Supreme Court determined that: • Communications between a juvenile and his probation officer are not privileged. • A probation officer’s loyalty is to the state, not the probationer. LO: 2

  17. Juvenile Records • One traditional characteristic of juvenile proceedings is confidentiality. • A member of the public does not have access to the probation record of a juvenile. • The exception is in cases where such records are made public by state law. • The fact that a juvenile is on probation is a matter of public record. LO: 4

  18. Juvenile Parole Aftercare • Often termed “aftercare,” juvenile parole is concerned with creating a smooth transition from the institution to the community. • While functioning much the same as juvenile probation, juvenile parole is an act of the executive branch rather than the judicial branch. • 6 states have separate juvenile parole boards. LO: 5

  19. Parole Officers • Juvenile parole officers are responsible for: • PDRs and other investigations, report writing • Supervising caseloads • Processing violations, coordinating community resources and agencies • Providing family-centered intervention to families, • Coordinating placement, managing case plan • Evaluation of juvenile parole programs reflect the necessity of parallel services in the corrections facility as well as following release. LO: 5

  20. Revocation • Revocation can result in the juvenile probationer or parolee going to an institution for juveniles. • Unlike adult probationers who must serve the originally imposed jail or prison term (subject to parole law), juveniles are kept in state institutions only until they reach the age of majority (adulthood). LO: 4

  21. Evaluation • Research conducted on parole success is mixed. • Recommendations are that aftercare programs “must be preceded by parallel services in the corrections facility and must include careful preparation for the aftercare to follow,” and that these programs should be funded and staffed at levels that enable them to provide enhanced service delivery. LO: 5

  22. Future • The juvenile justice system is over 100 years old, and in that time, it has undergone a huge transformation into the system we have today. • While the future of the juvenile court as a separate entity from the adult system is still debated, the juvenile system we have now seems to be more balanced with elements of both rehabilitation and punishment. • The authors believe that the future looks bright. LO: 1

  23. Selected Summary Points • Juvenile justice in the United States is heavily influenced by parens patriae and the concept of diminished mens rea. • Juvenile courts are an American creation and have jurisdiction based on age and acts committed. • Juvenile delinquency refers to acts that, if committed by adults, are punishable under the state’s penal code. Conduct in need of supervision comprises acts committed by juveniles that, if committed by adults, would not be punishable at all. LO: 2