Juvenile Courts

Juvenile Courts 100 Years Ago

Mainly a 20th century development due to the rethinking of “youth”

Industrialization, Cities, and Crime

During the 19th century, the US was transforming from a country of farmers to city dwellers

Most factory workers wanted to escape farming, or immigrants who escaped for political freedom

Rapid increase in US population

Cities were diverse (different languages, foot, clothes, different religions/churches)

The White Anglo-Saxon Protestants did not welcome the new immigrants

• They associated immigrants with poverty, social disorder and crime

• Society needed protecting from the “dangerous poor”

The Child Savers and the Progressive Movement

in 1890s, the progressive movement argued for political, economic, and social reforms, such as economic disparity, social disorder, the excesses of industrialization and the effects these have on children.

Fought against child labor, violent conditions of reform schools

• Orphans were put there simply because they had no parents

Argued that the children were not bad, but were simply corrupted by the environment

The progressives were mostly middle class, and wanted to secure their place in society.

Children of the poor were put into the system, but the wealthy kids were handled informally and with care

Parens Patriae

Originally, kids were seen as little adults

Under 7, kids were thought to be incapable of criminal intent

8 or above, kids were seen as adults in the eyes of the law

End of 19th century, kids were beginning to be seen as not fully formed adults, and they did not have fully developed moral or cognitive abilities

Parens patriae - The state as parents; the state as guardian and protector of all citizens (such as juveniles) who are unable to protect themselves)

If the parent was not able to raise a child, the state would intervene to protect the child’s welfare

How Juvenile Courts Differ from Adult Courts

Because parens patriae is the new norm, juvenile courts are different than adult courts in their proceedings

Juvenile Court - Any court that has jurisdiction over matters involving juveniles

Emphasis on Helping the Child

Focus on benevolence, guidance, and rehabilitation, not punishment

The state should deal with a kid who broke the law like a parent would deal with a wayward kid

Progressives wanted to save kids from a life of crime

Provides flexible procedures for the treatments of underlying social problems

Informal Proceedings

Adult criminal prosecutions are adversarial

Juvenile court proceedings are informal

• due process has been introduced over the years

The rules of evidence and procedure are not relevant

• Fear that a legal technicality would prevent a kid from getting help

Proceedings Based on Civil Law

This is why the legal terminology differs from adult to Juvenile court so much (criminal vs civil)

Keeps the focus on rehabilitation, not punishment

• Why juvenile court records are not admissible in adult court

• Once you are an adult, you start over in the eyes of the law

Some procedural due processes have entered juvenile courts over the years

View the proceedings as “quasi-criminal” (blend of civil and criminal law)

Secret Proceedings

Adult criminal proceedings are open to the public

Juvenile court proceedings are keep secret

• This is changing is some states

It is illegal for law enforcement or court officials to release the names of juveniles to the public

Used to prevent any future criminal behavior

Absence of Jury Trials

Adults have the right to a trial by jury

Juveniles do not have this opportunity

Strengthens the informality of Juvenile proceedings and gives more control to court personnel

The Organization of Juvenile Court

All states have juvenile courts

Like state courts, juvenile courts have variations

Three different organizations

Juvenile Court as a Separate Court

Completely separate from other judiciary bodies

Connecticut, Rhode Island, Utah

Has its own admin, judges, probation officers, clerks, etc.

Some large cities (Boston) has separate juvenile courts

Juvenile Court as Part of Family Court

Family Court has broad responsibility over family matters

• Divorce, child custody, child support, alimony, property settlement, paternity, adoption

• delinquency, status offenses, child-victim cases

Six states and DC has this set up

Juvenile Court as a Unit of Trial Court

Part of the jurisdiction of major trial court

• sometimes minor trial court

Happens when case volume is important

Rural areas with few cases, they do not take up enough time to need one specific judge for Juvenile cases

Law in Action: The Impact of Structure

Where should this new judicial body be placed in the higherarchy

Court reformers wanted it to be in Family Court

Evidence suggests that if the judge is a juvenile court specialist, they will handed the case informally rather than procedurally

Specialists are less likely to find a kid delinquent

The social environment also plays into a factor on how the court operates

Juvenile Court Jurisdiction: Subject Matter

There is massive variation in the types of juvenile cases

• Felons, misdemeanants, petty offenders, truants

Some kids are brought to juvenile court due to neglect or parental abuse

Court matters fall int three catagories

1. Delinquency

2. Status offense

3. Children in need of supervision

Juvenile Delinquency

Delinquency - An act committed by a juvenile that would require an adult to be prosecuted in a criminal court. Because the act is committed by a juvenile, it falls within the jurisdiction of the juvenile court. Delinquent acts include crimes against persons or property, drug offenses, and crimes against public order

Theft, burglary, sale/possession of drugs,

No age difference in the substance of criminal law

The procedures are different

Juvenile Delinquent could be put on probation, or committed to a juvenile institution.

55% of all juvenile cases

Status Offenses

Status Offense - Behavior that is considered an offense only when committed by a juvenile (running away from home)

13% percent of all juvenile court cases

Traditionally, they would be sent to the same correction institutions as delinquent

In recent years, some states have decriminalized this behavior

Treated as dependent children

Child protective services are given the primary responsibility

Children in Need of Supervision

Children in need of supervision - A type of juvenile court case involving a child who has been abused and/or neglected by parents or legal guardians. Sometimes called Child-Victims

Kids who are in court through no fault of their own

Child Abandonment, abuse, neglect,

The kids are not placed in juvenile detention facilities

the courts order social services, foster home, group home care, medial/mental health services

Law in Action: One-Pot Jurisdiction

Due to the braod subject matter, court officials are dealing with many different cases at the same time

Kids who commit serious crimes, status offences, and child-victims are placed in the “same pot”

Juvenile Court Jurisdiction: Age

Juveniles - Youth at or below the upper age of juvenile court jurisdiction

States have different criteria relating to what age the courts have jurisdiction over

Age Limits for Original Jurisdiction over Delinquency Matters

In most states, JC has original jurisdiction with all kids charged with violation criminal law who are younger than 18

Upper Age of Jurisdiction - The oldest age at which a juvenile court has original jurisdiction over an individual for behavior that violates the law

• The age a kid becomes an adult

At some states, it is 15, 16, or 17

Lower Age of Jurisdiction - Minimum age at which a youth may be transferred to adult court

• Most states rely on case law or common law tradition

• PA says it is 10

Age Limits Beyond Original Jurisdiction

Once original jurisdiction over kids has been established, the JC courts may retain jurisdiction over kids who have reached the age at which the JC jurisdiction ends. '

More than 2/3 of states permit JC to continue exercising jurisdiction over young adults to provide “sanctions and services” in the best interest of “the youth and the public

Only for certain offenses

Transfers to Adult Court

It is far less uniform when regarding lower age limits with serious offenses

Transfer to Criminal Court - A case moved to a criminal court because of a waiver or transfer hearing in the juvenile court. (certification or waiver)

Juvenile court → adult court

Types of Transfers

Four different types

Judicial Waivers

Judicial Waivers - Laws that permit - and sometimes even require - juvenile court judges to transfer jurisdiction over a juvenile delinquency case to adult court for criminal prosecution

At a special transfer hearing, JC judges can waive jurisdiction, transferring the case to criminal court

The oldest form of transfers, and the most common type of waiver

Transfers to adult court are discretionary, and is guided by certain standards in statutory law

in 15 states, judicial waivers are presumptive for certain offenses

• The burden of proof to show exceptional circumstances to stop the transfer is placed on the kid (through council)

in 14 states, JC Judges do not have the discretion to wave certain cases due to waivers being mandatory for certain offenses

Prosecutorial Waivers

in 14 states, prosecutors can file delinquency petitions in JC or filing criminal charges in adult court

Prosecutorial Waivers - Laws granting prosecutors the discretion to file delinquency petitions in juvenile court or file criminal charges in adult court

The jurisdiction is vested within the prosecutor, and there are no hearing held for this decision

Statutory Exclusion/Legislative Waivers

30 states have laws that grant jurisdiction over certain crimes being in adult court regardless of age

Statutory/legislative waivers - Laws that grant exclusive jurisdiction over certain offenses to adult criminal courts regardless of the age of the offender

JC has no power to hear these cases

Even the preliminary aspects are handled in criminal court

Automatic Waivers

34 states have this

Automatic Waivers - Premised on the notion of “one an adult, always an adult”, automatic waiver laws require adult criminal courts to handle all subsequent offenses allegedly committed by a juvenile after an initial transfer to adult court

After a juvenile has transferred to adult court once, any future criminal conduct is in adult court

Corrective Mechanisms

These different waivers can seem harsh, and now different states can try to fix this by enacting mechanisms

Reverse Waivers - A process that allows a juvenile to petition a criminal court to transfer jurisdiction over an offense to a juvenile court B

Blended Sentencing - A sentencing scheme that allows criminal court judges to impose juvenile disposition on youthful offenders transferred to criminal court under certain circumstances, rather than imposing standard criminal sentences. 20 different states have this

• Juvenile defenders “can be held accountable for the serious offenses they have committed, but are also offered the possibility of rehabilitation and redemption”

Use of Waivers

Only a small amount of juveniles are transferred to adult court (around 1%)

Cases that do transfer are typically murder, armed robbery, other violent felony

Black and Hispanic kids are 3 times more likely to be transferred

Number of transferers peaked at 1994 at 13,700 cases

• declined to 4,000 cases

Caused by the decrease in violent crime by Juvenile

Center for Children’s Law and Policy says that young people of color are overrepresented and states do not know how to address these racial disparities

Juveniles who are transferred receive longer sentences than those who were sentenced in JC for similar crimes

The Office of Juvenile Justice and Delinquency Prevention highlights some lessons:

• A disconnect exists between legislative intent and the actual implement

• The new sentencing laws encourage plea bargaining

• Judicial and prosecutorial discretion expand

• Local application of new laws varies widely

• New sentencing laws have a disproportionate impact on minorities

Due Process in Juvenile Courts

JC has two standards for deciding disposition for a kid: The best interest of a child and the best interest of the community

• The focus of JC is to help the kid, not punish

Key Court Decisions

in 1960s, the court changed the nature of JCs

• The Warren court scrutinized adult criminal courts

• in In re gault said that the the due process clause of the 14th amendment applied to juvenile court proceedings

stated that Juveniles have

1. the right to notice

2. the right to counsel

3. the right to confront the witness

4. Privilege against self-incrimination

Court ruled that a juvenile is charged with a crime, then every element must be proven beyond a reasonable doubt

These point to the tension within the juvenile courts who think kids should get due process and those who think kids should be handled with less adversarial, treatment-oriented manner

Gault and Winship said that JC should become a real court with its procedures along with constitutional requirements

McKeiver v Pennsylvania stated that Juvenile delinquents have no constitutional right to a trial by jury

Schall v Martin preventative detention is allowed for juveniles

Appropriate punishment for juveniles who commit serious crimes?

• Roper v Simmons said death penalty cannot be imposed on offenders younger than 18

• Graham v Florida said that life without parole violated the 8th amendment band on cruel and unusual punishment

Important Congressional Acts

The Juvenile Justice and Delinquency Prevention Act of 1974 - mandated deinstitutionalization of status offenders by stating that juveniles not charged with acts that would be crimes for adults shall not be jailed. Kids should not be detained in any institution that holds adults

Juvenile courts have become more formal

the Kansas supreme court ruled that juveniles have a constitutional right to trail by jury not only under their state constitution but the 6 and 14th amendment of the US constitution

Courtroom Work Group

Members of Juvenile Courtrooms are similar to those found in adult courtrooms

Juvenile courts grant judges and other officials unusually wide latitude in making discretionary decisions intended to “individualize justice”

Incorporate the severity of the offense and the prior record of the offender.

Traditions of individualized treatment, encourages the importance of family

• Parents have control over the youth

• Youths in a dysfunctional family are likely to receive out-of-home placement

Legally trained members of courtroom rely of professional judgement of non-lawyers

• Lawyers are secondary importance in judicial courts

• Social workers, psychologist, and councilors are trained to asses the kids problems and make a treatment plan

Judges

Central authority in JC system

They have wide discretion over detention, adjudicatory hearing, deposition, etc.

Depending on court room, judges can spend lots or little time in JC

Some judges like the challenge of JC, others see it as a dead-end assignment

Hearing Officers

AKA: Referees, masters, commissioners

full or part time

enter findings and recommendations that require the judge to confirm it to be an order

Prosecutors

Prosecutor power has grown in several decades

Prosecutors have increasingly become the chief decision maker

The ones who negotiate the disposition of all but most serious JC cases

• Judges do the most serious ones

Increased role in JC

Not a sought after role

Defense Attorneys

Studies reveal that great disparities in the number of juveniles who are actually represented by a lawyer range from 15% to 95%

Kids who are represented by a lawyer actually receive a harsher disposition than those without

Being underrepresented may compromise the due process rights guaranteed

Lack of representation reflects the nature of caseloads

Most cases receive probation, supervision, and reinstitution weather or not lawyer is present

the informality of JC courts leads to defense attorney being limited

• JC courts have little emphasis on privilege against self-incrimination

• Juveniles are urged to tell the truth, fewer than 10% of kids assert their right to remain silent

Defense Attorneys are involved after their client has cooperated with police and prosecutor

In cases with weak evidence, defense strategy is to dismiss

Strong evidence → negotiate

Probation Officers

Probation Officers - Employee of probation agency, responsible for supervision of convicted offenders who have been released to the community under certain conditions of good behavior

Several Forms

• in some state they are part of judicial branch

• In other states they are part of executive branch

In adult court, Probation officers start when defender has pled or been found guilty

In JC, They become involved much earlier

• Often the first person who has contact with the child

• Often the person who recommends a informal disposition to the case

• In Serious cases, they work with the social worker

Steps of the Juvenile Court Process

Steps of JC resembles the adult court steps (with different terminology)

The big difference is the emphasis on informal decision making

Delinquency (Crime)

Impossible to determine the amount of crimes committed by juveniles

• Crimes against juveniles are less likely to be reported

• Juveniles are 2.2 times as likely as adults to be victims of serious crimes

Summons (Arrest)

Summons - A legal document ordering an individual to appear in court at a certain time on a certain date. Informally called an arrest

Juveniles were involved with 10.3% of all violent crime and 14.2% of property crime

30% of all juvenile arrests were female (female proportion of arrests are increasing)

¼ of all juvenile arrests are under 15

Juvenile arrests disproportionally involve minorities (especially violent crime)

Intake (Initial Hearing)

Referral - A request by law enforcement agency, governmental agency, parent, or individual that a juvenile court take jurisdiction of a youth. A referral initiates court processing

4/5 of referrals are by law enforcement

Some court cases start from petitions from teachers, neighbors, merchants, or parents

• Mainly follow after the kid has been arrested.

1.4 million JC cases every year

• 55% involve delinquency

• 28% involve dependency

• 13% involve status offenses

JC cases have decreased even though the juvenile population has increased

Initial Hearing - In juvenile court, an often informal hearing during which an intake decision is made

Detention Hearing

Detention - Holding a youth in custody before case disposition

Typically the police release the kid to custody of his guardians

In serious crimes, the police may detain the kid in police lockup or jail

• Federal law says juveniles be held in facilities separated by sight and sound from detention facilities for adults

• If space is limited, juveniles may be released to parents custody, even if crime was serious

Intake personnel review the case and determine if the kid should be released or detained

• Detained if they are a danger to themselves or others

One out of five juveniles are detained prior to the adjudicatory hearing

Petition

Should the case be tried formally or informally

Intake Decision - A decision made by a juvenile court that results in the case being handled either informally at the intake level or more formally by petition and scheduled for an adjudicatory or transfer hearing

About 46% of juvenile cases are handled informally (nonpartitioned cases)

• Used when the court decision makers believe that accountability and rehabilitation are possible without formal court intervention

• Informal sanctions are voluntary

Petition - a document filed in juvenile court alleging that a juvenile is a delinquent or a status offender and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to criminal court for prosecution as an adult

• Juveniles are old and have longer court histories

• The delinquency is serious (violence)

Conference

Conference - Juvenile court proceedings roughly equivalent to a preliminary hearing, in which the suspect is informed of his or her rights and a disposition decision may be reached

• In minor crimes, the conference will be held at the same time as the initial hearings and detention hearings

• More serious crimes, the conference is likely to be held in a closed court

Judge informs respondent of the charges, constitutional protections, right to council, right to free council, subpoena witnesses for defense, opportunity to cross-examine prosecution witness

Most juveniles admit guilt during the conference (no right to council and no trial)

• some do ask for a lawyer, meet with them, and then admit guilt

Evidence: Gathering and Suppressing

How police get evidence plays a minor role in juvenile cases

Since the assumption is that the Juvenile Delinquency charge is an indicator of trouble, there is little to no challenge around evidence gathering

The informal nature discourages legal challenges to evidence

Plea Bargaining

Is it a plea bargain if it is in JC since it is so informal?

During the intake process, parents kids and probation officers discuss and come to a solution

46% of juvenile delinquency cases that are nonpartitioned would be considered plea bargains if they were in adult court

After the petition is filed, workers still try to create a settlement

Adjudicatory Hearing

Adjudicatory Hearing - Court hearing to determine weather a youth is responsible for an offense and therefore should be adjudicated a delinquent

The allegations must be supported by

• “preponderance of the evidence” for status offense

• “Beyond a legal doubt” for juvenile delinquency

Ever since In re Gault, juveniles have the right to present evidence in favor, cross examining the government’s witness and subpoena defense witnesses

adjudicated - Judicial determination that a youth is a delinquent or a status offender

Adjudicatory hearings are way less formal than adult hearings due to the lack of juries

Disposition

The more serious crime/longer criminal record the more likely that a formal probation report will be prepared by the probation officer

Based on interviews with juvenile, parents, school officials, etc.

Disposition - A court decision about what will happen to a youth who has not been found innocent

Dismissal - Cases terminated (including those warned, counseled and released) with no further disposition anticipated. More likely to happen with the cases handled informally

Probation - Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions

• Gets released into custody of parents/guardian

• Under supervision of juvenile probation officer

• Low level monitoring vs formal court-ordered supervision

Placement - Cases in which youths are placed in a residential facility or otherwise removed from their homes and placed elsewhere

• 24% of cases end like this

• Residential facility for delinquents

• training school, camp, ranch, group home for status offenders

Severity of crime and prior delinquency adjudications affect juvenile placements

Other Dispositions - Miscellaneous dispositions, including fines, restitution, community service, and referrals out-side the court for services, with minimal or no further court involvement anticipated

JC judges focus on offense characteristics and the offenders social characteristics

• in line with the idea that JC are becoming more like adult courts

Appeal

Juveniles have the right to appeal in every state, even though it is not a constitutional requirement

State legislatures have passed laws allowing juveniles to appeal in case it ever became a constitutional right

“give the kids the same rights as adults”

The Future of Juvenile Courts

JC has become a major focus on the “war on crime” and a victim of budget cuts

What will JCs look like in the future?

Crime Control Model: More Adult Penalties

believes that crime is the product of moral breakdown

Supporters blame undue leniancy of JC for violent juvenile crime

Support more adult penalties for juvenile offenders and increasing transfers to adult court

Some want to abolish JC all together

• Says that the JC and Criminal court being seperate stops sharing of info which allows a violent juvenile to become a virgin offender (since Juvenile transcrips are secret)

Think that Juvenile detention facilities are overcrowded and just put them with adults

• the adult prisons are also overcrowded

An overall get tough on crime attitude

Due Process Model: More Youth Crime Prevention

Believes that crime is a reflection of social problems

• therefore, punishment alone is not the answer and can be counterproductive

• It could turn kids into hardened criminals

Argues that crime prevention works, and we should put money into education and prevention

ACLU came up with 3 priorities

1. keep children out of the CJ system

   1. Specially kids of color

2. protect the rights of incarcerated kids

   1. ensure right to council

3. reintegrating children into communities

   1. Juvenile Adjudications can follow kids for decades, preventing education or employment