Juvenile Courts and Cases

Juvenile courts were established in

1899 in Chicago

By 1950

all states had implemented some type of separate juvenile criminal court system for children 16 and younger

based on the medical model, goal was treatment and rehabilitation no punishment

Parens Patriae

the state is the father

doctrine that gives the state the power to act as a child’s parent or in the child best interest

Delinquent

used instead of criminal to avoid lasting stigma

Kent V United States

determined that juveniles have rights like adults

6th amendment right to counsel and hearing before transfer to adult court

In Re Gualt

Violated 5th + 6th amendment

every court recognized children deserved their rights

In Re Winship

must find a delinquent beyond a reasonable doubt

same standard as adult

Mckeiver v Pennsylvania

Juveniles are not entitled to a jury trial, unless the state chooses

6th amendment does not demand a juvenile right to jury trial

Roper v Simmons

USSC ruled execution of a minor violated 8th amendment

manslaughter above 15yrs old, tried as an adult

10 years old

can be arrested in PA

14 years old

make decisions that affect your life

medical, dental, treatment, seek or refuse

16

drive, age of concent

18

officially an adult

21

no longer in the juvenile system

During colonial times

children at age 7 could be banished, sentenced to death, or receive other harsh punishments

By the 1800

children were recognized as less culpable for their actions until age 12

House of Refuge

intended to assist with reform movement in 1825

state run until 1899, largely failed

Patria Potestas

father right to use harsh punishment and discipline on their children because children were jailed with adults

Child Savers

first known social workers

the New York Society for the Prevention of cruelty to children was founded in 1874 because of the case of Mary Ellen Wilson

Grahm v Florida

USSC ruled no life without parole for juveniles unless they have commited murder

Miller v Alabama

USSC ruled that there will be no life without parole for juveniles under age 16, even for murder

Mongomery v Luisiana

USSC ruled that all inmates sentenced as juveniles must be retroactively resentenced

grandfather clause to the miller v Alabama ruling

Juvenile delinquency

refers to juvenile offenders who engage in illegal acts that would be crimes for adults

Status Offences

acts illegal only for juveniles such as running away, truancy, possession of alcohol

Juvenile Justice and Delinquency Prevention Act of 1974

designed to prevent delinquency and improve the juvenile justice system

as a result, the office of juvenile Justice and delinquency prevention was established to support community efforts to provide treatment and rehabilitation programs

Rates of juvenile delinquency in the 80-90

increased because gangs recruited kids because they could only be held until 21

Special rules for juveniles

separated by sight and sound from adults

cannot be held more than 6 hours

no interviews without parental concent

no secure holding

SRO

school resource officer

officer employed by a local police agency and assigned to a school

Delinquent child

a child who violates the criminal law

undisciplined child

a child who is beyond parental control, as shown by a refusal to obey legitimate authorities

Dependent child; abandoned/neglected

a child who has no parent or guardians to care for him or her OR a child who is without proper parental care and control necessary for their safety and well being

Go to children and youth services

Mary Ellen Wilson

Neglected Child

a child who does not receive proper care from parents or guardians

NOT someone living in poverty

Abused Child

a child who has been physically, emotionally, or sexually abused

Status Offender

a child who violates laws written only for them

curfew, underaged drinking

Juvenile courts

non-adversarial, informal, safe

Diversion

decision to divert or keep juvenile out of court room by assigning them to a community-based program, drug and alcohol treatment, mental health treatment, etc

How long does the juvenile system take

33 days

Intake

the process for a juvenile where the probation officer collects all demographic information

equivalent to booking

Deferred Status

result of intake

charges are deferred, held to a later time

held over their head for good behavior, potential to go away

Blue sheet

NOT DIVERGENCE

Consent Decree

the juvenile takes responsibility for actions

officer has to agree, sometimes the victim

Equivalent to a plea bargain

Detention Hearing

parents must immediately be called

probation officer has the discretion to decide if they go home with no hearing or if they are detained until the hearing

Equivalent to the preliminary hearing-10days

If a juvenile is detained, a hearing must happen in

72 hours after being taken into custody

Adjudication Hearing

happens whether detained or not

either adjudicated delinquent or not

Only a bench trial in PA

Equivalent to a trial in the adult system

adjudication hearing must take place after

10 days of detention hearing, compared to adults at 180

Disposition Hearing

held within 20 days of adjudication hearing

exact equivalent to sentencing

Predisposition report

equivalent to pre-sentencing report

done by specialized probation officer

come up with a plan, look at every piece of information, makes recommendation in the interest of the juvenile

Aftercare

after the release from treatment

remains on probation, officer gives services to the juvenile and family

adult equivalence to parole

Judicial waivers

how a juvenile gets transferred to the adult court

4 types of judicial waivers

direct files, automatic files, discretionary waiver, reverse transfer

Kent v US

Direct files

22 states, PA included

occurs if a child 15 or older commits a felony with a weapon

only exception to the weapon is kidnapping

Statutory exclusion

prescribed by our legislators, the law

juvenile act of 1974

Discretionary waivers

begin at age 14

judges choice whether to transfer to adult or stay in juvenile

most times occur when the child has gone through all treatment options

Has to be in writing the reason for transfer

Kent v US

Reverse transfer

sent back to juvenile court

ex. 8 year old committed murder, sent back to juvenile for treatment until 21