Chapter 13 Juvenile Corrections

First Juvenile Court appeared in 1899 in

Cook County - Chicago, IL

What was the court established to do?

Provide for both the care and control of juveniles

Parens patriae

Court is the ultimate parent of all minors, and therefore has final responsibility for its younger citizens.

Why would the court need control over children?

Dependence, neglect, and abuse

What is the federal legislation that provides guidance for child abuse and neglect?

The Federal Child Abuse Prevention and Treatment Act

Emancipated minor

Legally declared an adult by a court in their residence and is no longer under the care and control of their parents. 

How can a minor become emancipated?

Parents give their express consent to the court to terminate their parental rights

Parents give their implied consent by allowing them to live on their own and support themselves.

How are emancipated minors taken through the court system?

Processed through the adult court system

Can get a harsher sentence compared to non-emancipated minor

Mandatory separation

Requires that anyone under 18 must be housed separately from adults.

Sight and sound separation

Outside of a separate housing unit or direct staff supervision to prevent contact with adult inmates.

What is the purpose of separation?

The separation requirement is in place to protect minors from harm that occur in adult facilities.

What is the requirement for child abuse to be reported?

Reasonable cause that a child has been or may be subjected to abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect

Abuse

Any physical injury, sexual abuse or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody and control, expect that discipline, including spanking, shall not be construed to be abuse.

Neglect

Failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary support, education as required by law, nutrition, medical, surgical or any other care necessary for the child’s well-being.

What are reasons that juveniles are coming to juvenile court?

Been neglected, abused, exploited, or mistreated.

Committed a status offense

Committed a delinquency offense

Status offense

Misbehavior that is considered wrong only because society does not consider the juvenile old enough for certain kinds of activities

Delinquency offense

Actions that would be criminal if done by an adult, ranging from shoplifting to murder

What is the age of juveniles in court?

Can vary by court jurisdiction

Oldest age would be 17

Non-petitioned Juvenile Offender

Without a formal legal petition

Handled with mandatory counseling, community service, or informal probation.

Aimed at rehabilitation

Juvenile informal probation

Voluntary, temporary agreement for minor offenses that helps a juvenile avoid a formal court process

Formal Petitioning

Involves filing a petition requesting an adjudicatory hearing

In re Gault

Juvenile delinquency proceeding have the right to counsel and other due process protections

Judicial waiver

A legal process in which a juvenile court judge transfers a case involving a minor from the juvenile system to the adult system.

Direct file

When a prosecutor has the discretion to file charges directly in adult court, 

Statutory exclusion

A law that automatically sends a juvenile to adult criminal court for certain offenses

Juvenile blended sentence

Legal sentencing option that allows a judge to impose both a juvenile and an adult sentence on a young offender.

Straight adult incarceration

the process where a juvenile is charged as an adult for a serious crime and sent to an adult correctional facility.

Graduated incarceration

Juveniles are sentenced as adults but imprisoned in juvenile or separate adult correctional facilities until they reach a certain age.

Segregated incarceration

Juveniles are sentenced as adults but housed in separate facilities for younger adult offenders.

In re Winship

Protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged.

Majority of juveniles in custody are being held for delinquency offenses…

are usually against persons.

Institutional Programs

Support mental health issues

behavioral management or family counseling

CBT

aggression replacement training

Miller v. Alabama

Consider the individual characteristics of juvenile offenders before imposing life without parole

Montgomery v. Louisiana

Only the permanently incorrigible offender can receive life without parole.