Juvenile vs. Adult Justice Systems
Overview: Juvenile vs. Adult Criminal Justice Systems
- The session relates the juvenile system to the adult system, highlighting how procedures and aims differ between them.
- In class, the discussion mirrors an indictment but notes that juveniles experience more diversion before formal processing.
- In the adult system, diversion is less common; trials are rare, and plea bargains are the dominant resolution.
- Key contrast: adult system emphasizes punishment and financial penalties, with less emphasis on social factors like family, poverty, or background; juvenile system emphasizes rehabilitation and addressing underlying social factors.
- The instructor mentions an upcoming in-class activity that mirrors how an adult indictment works, but within a juvenile context to examine why a juvenile is detained or adjudicated as delinquent.
- The 10th edition of the textbook is no longer printed; ecopies are available through the bookstore for students who need digital access for exam preparation.
- A petition for adjudication of delinquency is the formal mechanism used in the juvenile system to identify the juvenile, their residence, whether they are in detention or custody, and why the disposition is in the juvenile’s best interests.
Key Differences in Plea, Trials, and Sentencing
- In adults: trials are less common; the vast majority end with a guilty plea in exchange for lighter sentences or lesser charges (a typical figure: 90\%-95\% of cases end with pleas).
- In juveniles: there is more emphasis on diversion and less immediate reliance on formal trial outcomes.
- In adults: trials tend to focus on the facts of the case, with less attention to social factors such as family background or poverty; adults are assumed to make their own choices.
- In juveniles: there is a stronger focus on social context and rehabilitation, aiming to fix underlying issues before or instead of formal punishment.
- The juvenile system has more flexibility to divert cases out of formal processing to protect the juvenile's future prospects.
Petition for Adjudication and Detention
- The petition for adjudication of delinquency is the formal process to determine the identity of the juvenile and where they live.
- It includes details such as whether the juvenile is in detention or custody and why the disposition aligns with the juvenile's best interests.
- This process is the precursor to juvenile adjudication and potential disposition.
Trial Types and Burden of Proof
- Juvenile trials: quasi civil; they are not criminal trials and may be closed to the public (similar to many family cases).
- Right to a jury trial in juvenile court: not always guaranteed.
- Burden of proof in juvenile adjudication: preponderance of the evidence. \text{preponderance of the evidence}
- If a juvenile is being treated in the adult system, the process resembles the adult system with its own standards.
- Adult system: trials are more open, the right to a jury trial exists in many cases where the punishment could be at least 1\text{ year} of incarceration, and there are ordinarily open proceedings with some exceptions (e.g., TV cameras, press access).
- Standard of proof in adult criminal trials: beyond a reasonable doubt (a higher standard than in the juvenile system).
- Reasons for the difference: juvenile punishments and consequences are often less severe, which allows for a lower standard of proof.
Why Some Might Prefer the Juvenile System
- Perceived as less harsh; more opportunities for rehabilitation and diversion.
- Some individuals might prefer the added rights of the adult system (e.g., jury trial, openness) if they believe they can be acquitted or if they want the higher standard of proof.
- The choice between systems reflects a balance between accountability, public safety, and rehabilitation.
In-Class Activities and Exam Preparation
- The instructor plans a juvenile defense attorney activity during class.
- Students should review relevant slides before the exam; slides are posted on eCampus with the updated material.
- The textbook edition: a tenth edition is available; the bookstore provides ecopies for students via benefits programs (textbook or athletics, student loans, etc.).
- Students can use the eCopy to prepare before (or during) class activities and review sessions.
Status Offenses and Juvenile Jurisdiction
- About 20% of juvenile arrests involve status offenses (offenses that are offenses only for juveniles).
- Examples: running away from home, curfew violations, truancy (missing school for extended periods), and possession of tobacco products by minors.
- Truancy is highlighted as a major issue and is treated differently across jurisdictions by region.
- Underage alcohol or tobacco offenses can also be status offenses; vaping (nicotine or THC) is a growing status offense in modern contexts.
- The juvenile system also covers dependent or neglected juveniles who lack a capable parent or guardian, or whose basic needs (food, shelter) are unmet due to poverty, homelessness, or other factors.
- A chart referenced in the lecture shows referrals for status/unruly offenses (truancy, unruly behavior, curfew, runaway, etc.).
Age Criteria for Juvenile Court Jurisdiction
- Most states: the juvenile system handles offenses for those who are 17 or younger; some states extend to 16 or 15; a few states have higher minimums or specific rules.
- West Virginia (the state referenced in the course): most states set the upper age limit at 17; in WV, the upper limit is 17 as well.
- Minimum age to be dealt with in the juvenile system varies by state; most states have no minimum age in WV's context, but other states may set a minimum (e.g., 10 in some states).
- Upper age limits vary: most states cap juvenile jurisdiction at 16 or 15; WV’s cap is 17.
- Some states enact a minimum age to subject a child to juvenile jurisdiction (e.g., 10), while WV may have no minimum age.
How We Define Juvenile Offenses: Legal vs Behavioral Perspectives
- Legal definition of crime: a crime is something that leads to an arrest or an official report; it is the subset of acts that trigger formal legal action.
- Behavioral definition of crime: includes all actions that are illegal in practice, whether or not they lead to arrest or official reports; this definition captures a broader swath of conduct.
- Implications of the two definitions:
- Behavioral data suggests a large amount of illegal activity occurs without official action, which may indicate vast under-policing or covert delinquency.
- Legal data shows racial disparities more strongly, because the legal definition captures only those acts that come to official attention; thus, disparities may appear more pronounced in arrest data than in actual behavior.
- The contrast between behavioral and legal definitions helps explain why race and class disparities appear in crime statistics and how measurement affects interpretations of crime rates.
Connections to Broader Concepts and Real-World Relevance
- Ethical implications: balancing rehabilitation with accountability; ensuring juvenile offenders receive fair treatment while protecting public safety.
- Philosophical considerations: whether youth should be treated as future adults or as individuals in need of structured support and rehabilitation.
- Practical implications: policy decisions on when to divert versus pursue formal adjudication, how to implement status offenses, and how to set age thresholds in the juvenile system.
- Foundational principles: due process, proportionality of punishment, and the role of social determinants (family, poverty) in juvenile justice.
- Real-world relevance: ongoing debates about juvenile justice reform, the role of rehabilitation programs, and how to address disparities in enforcement and outcomes.
Quick Recap: Pivotal Numbers and Definitions to Remember
- Plea outcomes in adults: 90\%-95\% end with guilty pleas in exchange for lighter sentences or charges.
- Status offenses affecting juveniles: approximately 20\% of juvenile arrests.
- Age thresholds (general): most states allow juvenile jurisdiction up to 17 (in WV, upper limit is also 17).
- Minimum age to be subject to juvenile system varies; some states have 10 as a minimum; WV currently has no explicit minimum age.
- Burden of proof:
- Juvenile adjudication: \text{preponderance of the evidence}
- Adult criminal trials: \text{beyond a reasonable doubt}
- Trial openness and jury rights:
- Juvenile trials are often closed to the public with limited or no right to a jury trial.
- Adult trials are typically open with a jury right when the potential sentence is \ge 1\ \text{year} of incarceration.
- Distinctive terms:
- Petition for adjudication of delinquency: formal document initiating the juvenile adjudication process.
- Status offenses: offenses that apply only to juveniles (running away, curfew, truancy, underage consumption, etc.).
- Unruly offenses: categories that describe behavior deemed inappropriate for juveniles in certain jurisdictions (could include truancy and curfew violations).
- Dependency and neglect: juvenile cases involving juveniles lacking parental or guardian support or basic needs.
Final Prompt for Group Work
- Return to your groups and discuss: what are the key trade-offs between diverting a case early versus moving toward adjudication? how do social factors influence outcomes in the juvenile system? how might the definitions of crime affect perceptions of racial disparities and policy decisions? Prepare a short list of questions to review on the slides before the exam.