Chapter 15 The Juvenile Justice System

1. Chapter 15 The Juvenile Justice System

2. 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.

3. Describe the child- saving movement and its relationship to the doctrine of parens patriae.

4. 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.

5. Learning Outcome 1 Child Savers: • Illinois Juvenile Court Act (1899) • First court created specifically for juveniles guided by parens patriae.

6. List the four major differences between juvenile courts and adult courts.

7. Learning Outcome 2 • No juries • Different terminology • No adversarial relationship • Confidentiality

8. 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.

9. Learning Outcome 2 Juvenile delinquency • Conduct that would be criminal if conducted by an adult.

10. 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)

11. 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.

12. Learning Outcome 2 Determining Delinquency • Age • Culpability

14. Describe the four primary stages of pretrial juvenile justice procedure.

15. Learning Outcome 3 The four primary pretrial stages are: • Intake • Pretrial diversion • Waiver to adult court • Detention

16. 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

17. Learning Outcome 3 Categories of pretrial diversion: • Probation • Treatment and aid • Diversion

18. Learning Outcome 3 Methods of transfer to adult court: • Judicial waiver • Automatic transfer • Prosecutorial waiver

19. 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? $23,300–$33,700 For additional information, visit: www.npjs.org.

20. 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

21. Explain the distinction between an adjudicatory hearing and a disposition hearing.

22. 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.

23. Learning Outcome 4 Disposition hearing: • Follows the adjudicatory hearing • Judge decides what steps will be taken toward treatment or punishment

24. Learning Outcome 4 Sentencing Juveniles: • The needs of the child • Predisposition report • Judicial discretion

25. Learning Outcome 4 Juvenile corrections is based on the concept of graduated sanctions: • Probation (the most common sanction) • Non-secure confinement • Secure confinement • Aftercare

26. Learning Outcome 4 Non-secure confinement: • Foster care • Group homes • Family group homes • Rural programs

27. Learning Outcome 4 Secure Confinement: • Boot camps • Training schools Aftercare: • Focused on reentry

28. 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 bachelor’s 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? $33,000–$52,000 For additional information, visit: www.youthtoday.org/template/index.cfm.

29. The Juvenile Justice System versus the Criminal Justice System Mastering Concepts

30. 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

31. Source: Office of Juvenile Justice and Delinquency Prevention, Statistical Briefing Book, at www.ojjdp.ncjrs.org/ojstatbb/crime/JAR.asp.

32. 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

33. 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

34. Describe the one variable that always correlates highly with juvenile crime rates.

35. Learning Outcome 5 Risk factors for juvenile offending: • Age • Substance abuse • Child abuse and neglect • Gangs • Guns