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JUVENILE JUSTICE. In the legal system, there is a distinction between “ Juvenile ” and “ Adult ” a. Distinction not always there throughout history. b. Adults & Children alike could be in the same jail & subject to Corporal Punishment – physical punishment.
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In the legal system, there is a distinction between “Juvenile” and “Adult” a. Distinction not always there throughout history
b. Adults & Children alike could be in the same jail & subject to Corporal Punishment – physical punishment
2. Juveniles have a separate court system • Courts act as parens patriae: court acts as guardians of juveniles b. Focus on rehabilitation and socialization
3. Who counts? a. Age of majority: age at which someone is considered an adult i. Usually 18, but may be as low as 17 or 16 ii. May change based on: 1. Severity of Crime 2. Likelihood of Rehabilitation 3. Past Record
Three types of juveniles in court 1. Delinquent offenders: youths that commit acts that would be considered crimes if committed by adults • Ex: Larceny, Robbery
2. Status offenders: youths that commit acts that would notbe considered crimes if committed by adults • Ex: Underage Drinking
3. Neglected or Abused Children: youth seeking court protection from parent or guardian • Ex: parent is not feeding the child (neglect)
b. Juvenile Courts also deal with parents i. Parental Responsibility Laws: laws that punish parents for the misbehavior of their children
ii. Contributing to the delinquency of a minor: a crime in which an adult aids a youth in committing a crime
4. Procedures in Juvenile Court a. After juvenile is taken into Custody, juvenile can be released or detained
b. Intake – Court Officials / Social Workers decide if matter should be referred to Juvenile Court 1. Youth Interviewed 2. Prior Record Considered 3. Seriousness of Crime Considered
c. Initial (Detention) Hearing – Prosecution must prove an offense was committed & cause to believe the accused committed it
1. Juveniles do not have a Constitutional Right to Bail a. Juvenile can be released toparents or sent to detention
2. USSC justifies Preventative Detention – holding to protect community and accused against future crime
d. Adjudicatory Hearing – To determine the facts of the case (same as Adult Trial) 1. Closed to Public (names kept out of the papers) 2. Juveniles not entitled to a JuryTrial 3. Judge rules whether or not Juvenile is Delinquent (Guilty)
e. Dispositional Hearing – Judge decides the sentence (disposition) if found delinquent
CRIME = OFFENSE
ARREST = TAKE INTO CUSTODY
FILE CHARGES = Petition
NOT GUILTY PLEA = Denial
GUILTY PLEA = Admission
TRIAL = Adjudicatory hearing
FOUND GUILTY = Found delinquent
SENTENCING = Disposition
JAIL = Detention
PAROLE = Aftercare