Ch.13 - criminal justice

Chapter 13: The Juvenile Justice System

Juvenile Justice: A Brief History

  • Treatment of Children Before Juvenile Justice

    • Harsh punishments were common for juveniles in 18th and 19th century England.

    • Many children forced into petty crimes for survival on the streets.

  • Foundation of American Juvenile Justice

    • Based on English common law principles.

    • Sir William Blackstone: Advocated that infants are too young to comprehend actions and consequences (late 1760s).

  • Development of a Different System for Juveniles

    • 18th century: Children treated as adults under the law.

    • 19th century: Emergence of the U.S. juvenile justice system.

  • Child Savers Movement

    • A group of advocates known as "Child Savers" sought to reform the brutal systems existing for juvenile offenders.

  • Creation of Juvenile Courts

    • True reform began with the establishment of juvenile courts in 1899, addressing needs specific to juvenile offenders.

  • Parens Patriae Principle

    • The philosophy underpinning the juvenile justice system focused on the "best interest of the child."

    • Ex parte Crouse (1838): Established state's right to remove children from harmful environments.

    • Emphasis on protection and rehabilitation as core principles.

Establishing Juvenile Rights

  • Judicial Actions

    • Initial "hands-off" approach by judges and legislatures.

    • Kent v. United States (1966): Introduced procedural safeguards for charged juveniles.

    • In re Gault (1967): Changed adjudication process, establishing due process rights for juveniles.

    • In re Winship (1970): Altered the standard of evidence in juvenile courts.

    • McKeiver v. Pennsylvania (1971): Determined no right to a jury trial for juveniles.

  • Significant Supreme Court Cases

    • Roper v. Simmons (2005): Ruled execution of minors unconstitutional under the Eighth Amendment.

    • Graham v. Florida (2010): Ban on life without parole for non-homicide juvenile cases.

    • Miller v. Alabama (2012): Eliminated mandatory life sentences without parole for juveniles.

    • Montgomery v. Louisiana (2016): Determined Miller ruling applies retroactively.

The Contemporary Juvenile Justice System

  • Definitions and Age Considerations

    • Youthful offenders are generally defined as individuals under 18 years.

    • Variations exist by state regarding the age of juvenile jurisdiction, sometimes extending to 20-24.

  • Delinquency Jurisdiction

    • Juvenile courts can maintain jurisdiction over delinquency regardless of age, ensuring continued oversight for young adults.

  • Status Offenses

    • Actions deemed illegal only for juveniles, such as curfew violations and smoking.

  • Juvenile Justice and Delinquency Protection Act (1974)

    • Aimed at preventing juvenile delinquency through supportive measures.

  • Trends in Juvenile Delinquency

    • Notable increase in juvenile offenses during the 1980s and 1990s, followed by a significant decline from the early 1990s onwards.

  • Demographics of Offenders

    • In 2018, 29% of juvenile arrests involved female offenders, with trends suggesting less engagement in serious offenses among female juveniles compared to males.

  • Racial Disparities in Arrests

    • Minorities account for a disproportionate number of juvenile arrests, largely due to focused law enforcement efforts in minority neighborhoods.

    • Analysis of arrest data reveals disparities in violent and property crime arrests among different racial groups.

Steps in the Juvenile Justice System

  • Law Enforcement Interaction

    • Police act as the first point of contact in the juvenile justice system, facing unique challenges in dealing with young individuals.

    • In loco parentis concept used when police act in place of parents during juvenile encounters.

    • For minor offenses, juveniles are often taken to police stations and may be released to parents.

  • Court Interactions

    • The juvenile justice process mirrors that of adults but is less formal.

    • Diversion Programs: Aim to keep low-risk youth out of the formal justice system.

    • Intake Phase: Initial step assessing the juvenile case, leading to outcomes based on risk and circumstances.

    • Detention Hearing: Procedures established to evaluate the transfer of juvenile cases to adult courts.

    • Adjudication: A hearing to ensure due process rights of juveniles are upheld.

  • Disposition Phase

    • Involves determining appropriate placements for juvenile offenders post-adjudication, with options including probation and boot camps.

    • Restorative Justice Approaches: Focus on repairing harm and reintegrating the juvenile into society.

  • Aftercare Programs

    • Designed to reduce recidivism, providing support and monitoring to recently released juveniles.

    • Intensive Aftercare Programs (IAPs): Funded by OJJDP to aid juveniles post-release, particularly those who have recently transitioned from detention.

  • Waiving Juveniles to Adult Court

    • Waivers can occur, but are controversial due to concerns about undermining the parens patriae doctrine.

    • Judicial waivers may lead to significantly harsher penalties for juveniles.

  • Victims’ Rights

    • Victims of juvenile delinquency hold rights similar to those for adult crime victims, including restitution from delinquent youths and their parents.

    • The integration of victim needs into the juvenile justice process creates tensions between rehabilitation of the juvenile and the justice owed to the victim.