Juvenile Law and Society

Juvenile and juvenile delinquency defined by U.S. Code 5013 and Texas Civil Practices and Remedies Code

Defines juveniles as being under 18 and when they are a delinquent if they commit a crime before their 18th birthday

Juvenile according to the Texas Family Code

Juveniles are ages 10-16 OR 17 if you’ve committed delinquent acts in the past

Common law

21 is the age for full legal capacity, but at 14 you can be held criminally responsible for your actions

Modern statutes

right to vote at 18 and legal drinking at 21 (there are many others)

Individualized standards

Mature minor and wavers of jurisdictions

Mature minor

Used when making medical decisions including birth control

Wavers of Jurisdiction

Moving a juvenile to adult criminal court

Brain development

Frontal cortex develops later, which is why adolecence are more likely to partisipate in risky behavior (more emotion driven because the amygdela develps before frontal cortex).

Impacts of abuse

Response to situations (e.g. high alert) and ability to grow and learn; physical, cognitive, psychological, behavioral, and social

Parham V. J.R. (1979; protectionist/paternalistic)

Due Process Clause doesn’t afford minors committed to state mental hospitals by their parents the right to adversarial hearing before admission because parents act in the best interest of their children

Fare V. Michael C. (1979; personhood/autonomous)

Juvenile’s request for probation officers doesn’t invoke the Fifth Amendment protection against self-incrimination (take in the totality of the circumstances

Protectionist Theory

Rights of protection for youth should include receiving care affection, discipline, guidance, etc.

Parens Patriae

The state intervenes to act as the parent

Personhood Theory

Autonomous person (free from paternalistic/state decisions)

Personhood + Protection

Semi-autonomous person (give some rights)

State Interventions

Parens patriae and limiting parental authority or actions against parents

Types of abuse

Physical, sexual, emotional/psychological, and neglect (want to know if needs are met).

Foster Care

Putting a child temporarily with another guardian with the ultimate goal of family reunification

Termination of Parental Rights

Clear and convincing evidence is required to terminate and reinstate rights

Adoption and Safe Families Act

Expidite adoption for abused and neglected youth

Adverse Childhood Questionare

Is good for a baseline, but can’t get at everything

1960s Cycle of Violence Theory

Abused becomes the abuser (was criticized in the 80s); is now accepted and recognized as correlational relationship

Six Investigations into the Cycle of Violence

Showed abuse/neglect impacts both genders (with slight differences)

Social Learning Theory

Children learn behavior from social interactions

Coersion Theory

Coresive behavior/interaction reinforce aggressive behavior

Maslow’s Hierarchy

Basic needs need to be met before self-fullfillment needs

Attachment Theory

attachment bond is insecure/avoident and can lead to reactive attachment disorder (missing stable attachment); impacts relationships with other and coping skills

Sever physical harm

Can lead to biased/deficient social information processing

Victimization

dammaged self-image

Abuse/neglect effects

Maladaptive coping styles (running away or drugs) and alteration of neurological systems (constant stress)

Genetic Variables

Interplay of genetics and childhood can change behavior (promote or discourage anti-social behavior)

Response from CPS

Can exasterbate the trauma and have negative effects on the child

Gender prevelent differences

In supervision, risk taking, peer networks, and interpersonal relationships

Solutions to cycle of crime

Reform (second chance courts), PEARLS and EAGLEs Courts in Bexar County (get mentor and give back, but is expensive)

19th Century

Kids had same criminal justice system (minors did have infancy defence)

20th Centry

Juvenile courts developed and evolved (have status offenses)

Status offence

An offense that doesn’t apply to certain people (adults)

Infancy defense

You were free from punishment from age 7-14 (you were held responsible if they could prove you knew the consequences)

Reforms

House of Refuge, First Juvenile Court system (1899), and All states have juvenile justice system in 1945

Goals of Juvenile Courts

Rehabilitation; does that by using different terminology

Texas JCs

The juvenile courts usually have jurisdiction if the act was committed when under 17

Problem Solving Courts

For people with drug addictions or mental health issues

Kent v. United States (1966)

Waiving jurisdiction was unjust without holding a hearing

In re Gault (1967)

14th amendment due process protections apply to juveniles (notice of charges, council, etc.)

In re Winship (1970)

Burden of proof is beyond a reasonable doubt

McKeiver v. Pennsylvania (1971)

Juveniles don’t have a right to a jury (can’t have peers, may be bias, and for protection)

Breed v. Jones (1975)

No double jepordy (can’t be tried again as an adult)

Jourisdiction

Ability to hear a case

Subject Matter Jourisdiction

Jourisdiction over the type of case

Personal Jourisdiction

Usually pertains to where the crime was committed

Maximum age

Below they are considered juveniles (generally 17 or 18)

Gender distinctions for age

Male/females used to be treated differently even at the same age

What do courts look at in terms of age?

They look at either the age of the offender when they commit the crime or their age at the time of the proceedings

Minimum age

Texas is 10 years but some states don’t have a minimum age

Juvenile Court Jurisdiction

State law controlled

Exclusive jurisdiction

they only have jurisdiction

Concurrent jurisdiction

two or more courts have jurisdiction (can’t be charged in both)

Waiver of jurisdiction

Transfer to adult court (judge has discression)

Judicial wavers

Texas is 14 or 15 (depends on charge)

Legislative wavers

Restrict what can be heard in juvenile court (some have automatic wavers)

Status offence

Illegal activity because of the age of the offender; usually non-criminal misconduct

Undesireable status condition

Undeciplined

Constitutional issue arguments

Status offense violates protection clause (discriminate), and that being morally depraved was void because it is vague; all were dismissed

Policy implications/ criticisms

Status offenses make them miss more school

Trafficking Victims Protection Act

Defines human trafficking as actions done with means (except for juveniles and mentally disabled) for the purpose of labor or sexual exploitation

Barriers to identification

Fear of not being believed, retaliation, etc.

What can you do for victims

1.) Take action (report, call, etc.)

2.) Talk to people

3.) Address vunerabilities

Three competing interests

State, parent, and child

Myer v. Nebraska

Said that the law had infringed on teacher and student rights to learn

Pierce v. Society of Sisters

Law that required public school interfered with parent/children’s rights

First Amendment

Religious and speech freedoms

Religion clause

has establishment clause and free exercise clause

Establishment Clause

It prevents coersive and forceful religious practices (school wide prayer violated this clause)

Cases related to religious prayer in schools

Engel v. Vitale (1962)
School Dist. Abington v. Schempp (1963)
Wallace v. Jaffree (1985)
Lee v. Wiseman (1992)
Santa Fe Sch. Dist. v. Doe (2000)
Schultz v. Medina Valley (W.D. Tex. 2012)
Kennedy v. Bremerton Sch. Dist. (2022)

Free Exercise Clause

Prince v. Massachusetts (1944) and Wisconsin v. Yoder (1972)
said children can practice religion

What does the Free Exercise Clause mean?

Religious beliefs can be accommodated in hairstyle/dress and personal prayer, but the school can’t sponsor it or have teachers leading it

Free speech

W. Virginia v. Barnette- forcing the saluting of the flag was unconstitutional

Tinker v. Demoines- Allows students to speak up (can’t disrupt)

Bethel v. Fraser- Rights of students are the same as adults in school

Haselwood v. Euhlmeir- the principle had the right to exclude articles

Morse v Fredrick

The school can limit speech if it encourages drug use

Mahoney v. B.L.

The post on social media didn’t interfere with school

Ginsberg v NY

Limits obsene material distributed to miniors

Children’s Internet Protection Act (2000)

Public school libraries have to have filtering devices on computers to protect children

Fourth Amendment 

Protects against unreasonable search and seizures

NJ v TLO

Students have privacy expectations, but has to be reasonable cause

Vernonia v Acton

Required drug testing (they can’t target individual students)

Stafford v Redding

Has to be destinct justification for strip searches

Eight Amendment

No excessive bail or cruel and unusual punishment

Ingraham v Wright

Corporal punishment is allowed, but has to be reasonable

Thompson v Oklahoma

Prohibits execution for 15 year olds

Stanford v Kentucky

Imposition of death on 16 or 17 year olds was constitutional

Roper v Simmons

18 is the age of eligibility for the death penalty 

Grham v Florida

Life is unconstitutional for committing non homicide if they are under 18 (later expanded for homicide)

Jones v Mississippi

Upheld life without parole

Weaver

Sentenced from 9-life (age mattered)

Commonwealth v Shelton Mattis

Life for anyone under 21 is unconstitutional

Substantive due process

What the laws say is illegal

State controlled

Reproductive freedom of minors, corporal punishment, and curfews

San Antonio v Rodriguez

Education is not a right but must give equal access to it

Brown v Board of Education

Racial segragation is unconstitutional

Marriage

Is a constitutional right, but the legal age is determined by the state

Goss v Lopez

Must get noticed of charges and can present their side if they are suspended for more than 10 days from school