Transcript Chapter 16: Juvenile Justice



Developed in the mid
1800’s
Parens patriae:
“parent of the
country”, the court
assumes the role of the
parent for children who
cannot take care of
themselves
 YOU
ARE….well…only those of you
under 18…
 What
are the goals of the criminal justice
system?
 Which one do you think is applied to
juveniles? Retribution, Deterrence,
Revenge, or Rehabilitation?
 In
OH anyone under the age of 18 is a
juvenile to the court system.
 Juveniles charged with a serious felony
can be charged as an adult. (transfer
hearing)
• The judge considers: the juvenile’s age and past
record, the seriousness of the crime, the
likelihood that the juvenile would be
rehabilitated
Delinquent
Offenders: youths who
have committed acts
that would be crimes if
committed by adults
 Status Offenders:
youths who have
committed acts that
would not be crimes if
committed by adults
(skipping school,
violating curfew)

 Neglected/Abused
Children: needs the
court’s protection from a parent or
guardian
• Should the child remain with the family?
• Taken into account when looking at the case of a
Juvenile
 Parental
Responsibility Laws: parents
can be held responsible for crimes
committed by their child
 Contributing to the Delinquency of a
Minor: the act, by an adult, of aiding or
encouraging illegal or improper conduct
of a juvenile
 Ex: behavior
is beyond control, truant
from school, habitually disobedient
• Usually emotionally troubled, runaways, drug
problems, in abusive situations
 Because
of problems at home, parents
may file a PINS (Person In Need of
Supervision) petition. (can be retracted
and replaced by a neglect petition
against the parents)
 In
Re Gault: juveniles should receive
many of the same due process rights as
adults
• Notification of charges against them
• Right to an attorney
• Right to confront and cross examine witnesses
• The right to remain silent
 McKeiver
v. Pennsylvania: jury trials
were not required for juvenile cases due
to privacy rights of the juveniles
 Juvenile Justice and Delinquency
Prevention Act of 1974: required the
juvenile court system to change the way
it treats offenders.
• Develop community alternatives to incarceration
 Taking
Into Custody: can be
arrested or taken into custody for
status offenses
• No Bail!
 Minor-Released
 Serious-Detained
 Intake: process
that helps officials
decided if a juvenile should be
referred to the court system, includes
interview and consideration of
previous record, family situation, and
other factors
 1/3
of all complaints in the juvenile
system are dismissed or diverted to
other programs.
• Ex: rehabilitation, law classes, community
service
 Initial
Hearing: the state must prove the
offense was committed and there is
reasonable cause to believe the youth
committed the crime
• The state will only further detain the juvenile if
they are a danger to themselves or others, may
run away, or have a previous record
(Preventative Detention)
• The court can assign a public defender
• Time and date is set for hearing
 Adjudicatory
Hearing: Looks at the facts
of the case. (Closed to public)
• Can question and cross examine witnesses
• Prosecution has to prove guilt beyond a
reasonable doubt
• Judge determines guilt or innocence
 Dispositional
Hearing: the judge
decides the sentence or disposition the
juvenile should receive
• The court’s goal is to rehabilitate the offender!
• Alternatives include probation, placement in a
group home, or state institution
 Probation
is the most common
disposition!
• Ex: attend school, hold a job, attend counseling,
weekly drug tests, curfew, stay away from certain
people/groups, meet with probation officer
• If probation conditions are not met, the juvenile
can go back to court and be sentenced to a
group home or institution
 For
serious offenses, the juvenile will be
sentenced to an institution for indefinite
period of time. Release is determine by
the institution, but it is usually 1-3 years
but can last until the juvenile is an adult.
 Main
Problem: Overcrowding!
 Additional
Problems Include:
• Overrepresentation of Minorities
• Safety and security of facilities
• Health care
• Abuse of juveniles
 Aftercare:
like parole in the adult
system, usually involved supervision by a
parole officer
 In
OH, a juvenile can request to have
their record sealed when they turn 18
(but it will cost them $)
 After their juvenile record has been
expunged, there will no longer be a
public record of their involvement with
the justice system.