M4: Juvenile Court

Comparison of Adult and Juvenile Court Systems

• Every state in the United States maintains a separate court system for juveniles, distinct from the adult criminal court system.

• Definition of a juvenile: Typically defined as a person who commits a crime before reaching the age of $18$.

• Philosophical shift from adult court:

  • Adult criminal dispositions focus primarily on retribution, deterrence, and incapacitation.

  • In the adult system, rehabilitation is traditionally considered an afterthought.

  • Conversely, juvenile courts were founded with a primary focus on rehabilitation.

• Historical Context: Juvenile courts originated in the late nineteenth century as a mechanism to protect young people from the perceived harshness of the adult legal system.

The Progenitors and Original Philosophy of Juvenile Justice

• Role of Jane Adams: A social worker and one of the key progenitors of the juvenile court system.

• Jane Adams' Vision: She sought to, as she stated, "absolutely eliminate all notion of punishment" from the proceedings involving young people.

• The "Benevolent Attitude": This perspective justified the use of informal courtroom procedures.

• Broad Original Jurisdiction: Originally, juvenile courts had jurisdiction that extended far beyond adult criminal acts to include behaviors considered non-criminal for adults, such as:

  • Truancy.

  • General disobedience.

  • The use of profane language.

Procedural Formalization and the Shift in the 20th Century

• Transition Period: By the last third of the twentieth century, the nature of juvenile courts changed significantly.

• Impact of the Supreme Court (1960s): Through a series of decisions in the $1960s$, the Supreme Court required juvenile court procedures to more closely resemble the formal processes found in adult court.

• Modern Adversarial Process:

  • The juvenile process became much more formal than its original informal conception.

  • Many states instituted a highly adversarial court process.

• Elimination of Status Offenses: Many jurisdictions moved away from what was euphemistically called "jurisdiction over children in need of supervision."

  • This led to the elimination of court jurisdiction over non-adult crimes like truancy or profane language, as these individuals had not committed adult-level offenses.

The Expansion of Transfer to Adult Court

• Evolution of Transfer Mechanisms:

  • Early $20th$ Century: Transfers to adult court occurred when a judge specifically determined a juvenile was not "amenable to treatment" within the juvenile system.

  • Late $20th$ Century: The ability to transfer juvenile offenders to adult court expanded significantly, aligning with more punitive attitudes in the general criminal justice system.

• Age Thresholds for Adult Trials:

  • During the last quarter of the $20th$ century, many states allowed juveniles as young as $14$ to be tried as adults.

  • In extreme cases (one or two states), children as young as $11$ could be tried as adults.

• Criteria for Transfer:

  • Serious crimes warranting transfer include homicide, sexual assault, and robbery.

  • In many states, the transfer to adult court is automatic for these specific serious offenses.

Current State of the Juvenile Court: Rehabilitation vs. Retribution

• A Mixed System: Today, the juvenile court exists as an "uneasy mix" of rehabilitation and retribution, though the focus remains predominantly on rehabilitation.

• Benefits of Juvenile Jurisdiction (for those not transferred):

  • Offenders are more likely to be housed in better facilities than adults.

  • They are provided with more treatment resources.

  • They may be diverted out of the system entirely.

• Age Limits on Jurisdiction: In many jurisdictions, juvenile court authority ends at or around age $21$, at which point the offender must be released from the system.

• Juveniles in Adult Court:

  • Even when transferred to adult court, juveniles often receive less harsh sentences than adults convicted of the same offenses.

  • They may still be permitted to be housed in juvenile facilities rather than adult prisons.

Neurological and Behavioral Research in Juvenile Justice

• Recent Trends: There has been a contemporary trend back toward the rehabilitative model, driven by scientific research.

• Neurological Research: Brain imaging and studies show that the part of the brain responsible for controlling behavior does not reach full maturity until approximately age $25$.

• Behavioral Findings Regarding Adolescents:

  • Adolescents are statistically less likely to think before they act.

  • Adolescents are more susceptible to peer influence.

  • Adolescents generally lack "stakes in life" that stabilize behavior, such as a steady job or children.

  • Adolescents are more malleable and therefore more treatable/rehabilitatable than adults.

Supreme Court Rulings on Juvenile Punishment

• Protections for Juveniles: The Supreme Court has recognized the inherent differences between adults and juveniles by prohibiting specific punishments:

  • Imposition of the death penalty on juvenile offenders.

  • Mandatory life sentences for juvenile offenders.

• The "Incorrigible" Exception: The Supreme Court has upheld the sentence of life without parole for a juvenile offender only if the judge makes a specific finding that the individual juvenile is "incorrigible."