The Juvenile Justice System

Status Offenses

An activity that is considered a crime only because of the offender’s age (under 18). If the offender were over 18 (an adult), the offense would not be considered a crime

Criminal Offenses

Any offenses defined by jurisdiction (penal code) as being illegal. Basically all other criminal offenses

Dependent Children

Committed no offense; may be without family support

Delinquent Children

Committed an act that would be considered criminal if committed by an adult

Neglected Children

May have a family but are not receiving proper care

Statutory Exclusion

Places a youth under the original jurisdiction of the adult criminal court

Concurrent Jurisdiction

Places a youth under the original jurisdiction of both the juvenile and adult courts. At 18, they have a review, and they determine what is best for the juvenile

What are the two waivers to adult court?

1. Discretionary. Case by Case Basis

2. Mandatory. Due to the type of crime

Age of Original Jurisdiction

the oldest age at which a juvenile court has jurisdiction over an offender. The age is determined at the time of the Crime

Parents Patriae

Parents of the Nation. The idea that the government should care for people who don’t get care. (at what point is the care complete? Is the GOV the appropriate entity to give the care?) Doctrine allows the court to act in Lieu of parents who are unwilling or unable to support their child. The care is temporary

In Loco Parentis

allows the government to legally act as/replace the parents

House of Refuge

A training school where kids who broke the law were sent. First one was built in NYC. An alternative to housing juveniles with adults in the same building.

Besides houses of refuge, where else were juveniles held?

To send them to the country and live with a farm family to work. This is a burden on the farm family?

Visiting Agent?

A court advocate that helps the kid when they are in court. They talk about the kid’s home life, focus on helping the kid

Child Savers?

Rich, progressive Chicago women. They presented the idea of a separate court system for kids at a charity conference. Fits with parens patriae in that neglected or impoverished children that had little parenting could be protected by the state

Where was the first Juvenile Court established?

Cook Country, Illinois in 1899 with an emphasis on rehabilitation and treatments, not punishment

Kent v United States

SCOTUS ruled that juveniles should not receive less due process just because the juvenile court was founded on the principle of their best interest. Juveniles must have due process

In Re Gault

SOCTUS noted that there is a reason to have separate courts but Juvenile courts have too much power and discretion. This prevents Juveniles from having true due process. This ends Parens Patriae

Eddings V Oklahoma

Age should be a mitigating factor when deciding capital punishment cases

Thompson v Oklahoma

SCOTUS ruled 16 is the minimum age for capital punishment

Stanford v Kentucky

SCOTUS rules that 17 is adult enough due to disparities in what age is ‘adult enough’

In Re Stanford

SCOTUS refuses to hear any further issues of age and capital punishment (SCOTUS is happy with where juvenile justice is at)

Roper V Simmons

1. Juveniles are inherently immature and lack a sense of responsibility

2. Juveniles (under 18) are more susceptible to peer influences, especially negative peer influences

3. Juvenile personality traits are not as well formed as adult personality traits (especially foresight)

For these reasons, SCOTUS says we are not allowed to execute juveniles

Miller v Alabama

Juveniles should not face life in prison

Montgomery v Louisiana

The Miller ruling that said no juvenile can be sentenced to life in prison must be applied retroactively to juveniles who were sentenced and are now adults.