Law, Justice, and Society:A Sociolegal Introduction

Chapter 8Juvenile Justice

Juvenile Justice

civil lawdelinquents versus status offendersdelinquent—"to leave undone"

reflects rehabilitative nature

What Is Juvenile Delinquency?

Juvenile Justice

juveniles commit a disproportionate percentage of the FBI’s UCR Part 1 index crimes

youths under eighteen account for 13 percent of arrests for violent crime

youths under eighteen are only about 6 percent of the American population

individuals who do not engage in some form of anti-social behavior are statistically abnormal

The Extent of Delinquency

Juvenile Justice

The Extent of Delinquency (cont.)

Juvenile Justice

Developmental Factors and Juvenile Delinquency•New York Academy of Sciences, four key messages in 2003:1. Much of the behavior characterizing adolescence is rooted in biology intermingling with environmental influences to cause teens to conflict with their parents, take more risks, and experience wide swings in emotion2. The lack of synchrony between a physically mature body and a still maturing nervous system may explain these behaviors3. Adolescents' sensitivities to rewards appear to be different than in adults, prompting them to seek higher levels of novelty and stimulation to achieve the same feeling of pleasure 4. With the right dose of guidance and understanding, adolescence can be a relatively smooth transition

Juvenile Justice

almost all juveniles commit anti-social acts (especially males)

only a small percentage (about 15 percent) continue committing crimes

adolescent limited versus life-course persistents

reaffirmed by cohort studies

Developmental Factors and Juvenile Delinquency (cont.)

Juvenile Justice

branch of civil lawyoung children considered to be propertythe idea of not assigning culpability to

young children is relatively new common law, age seven

History and Philosophy of Juvenile Justice

Juvenile Justice

in early Rome, children considered property of father patria potestas

in fourth-century Rome, father’s power was limited paterna pietas

Middle Ages children under seven were not responsible special status for children between seven and fourteen fourteen cut-off age for adulthood (marriable)

History and Philosophy of Juvenile Justice (cont.)

Juvenile Justice

in thirteenth century, courts adopted parens patriae

gave king the right to intercede and act in the best interest of the child

state and not parents had authority over children binding out vagrancy and laziness laws Bridewells

Institutional Control

Juvenile Justice

British youth were sent to the colonies as indentured students

juveniles arrested were placed in jails with adults

Society for the Prevention of Pauperism primary causes of criminal behavior were

economic give children food, shelter, and vocational training New York House of Refuge in 1825

Childhood in the United States

Juvenile Justice

children sent to this facility remained until determined to be rehabilitated

Ex Parte Crouse (1838) parental rights are superseded by the best

interest of the child doctrine

purpose of House of Refuge was to train and care for children, but it acted like Bridewells

Childhood in the United States (cont.)

Juvenile Justice

middle-class discontent with government corruption and inefficiency

progressives sought for professionalization of public service

Child Savers began "ideological attack" on the houses of refuge

believed that juveniles could be molded into better citizens

The Child Savers

Juvenile Justice

placed children in farms in the western United States

motives may have been less than altruistic

many believed the poor to be innately criminal, poverty sign of personal defects

The Child Savers (cont.)

Juvenile Justice

1899, Cook County, Illinoisevery state had a juvenile court by 1945used civil law, preponderance of the

evidencejudges given wide latitude different terms (euphemisms?) than the

adult system

The Beginning of the Juvenile Courts

Juvenile Justice

arrested: taken into custodyindictment/information: petitions the courtdefendant: respondentarraigned: hearingplead: admits or deniesjury trial: adjudicatory hearingguilty: adjudicates respondent delinquent

Terminology

Juvenile Justice

pre-sentence investigation report: predispositional or social inquiry report

incarcerated: detainedprison: training schoolparoled: aftercare

Terminology (cont.)

Juvenile Justice

waiver to adult criminal court lose status as minors; are legally culpable for

alleged crimeage criterion varies from state to statealways an option but regularly used only in

the late 1970sabout 1.5 percent of juvenile cases are

waived

Juvenile Waiver to Criminal Court

Juvenile Justice

judicial waiverprosecutorial discretion/direct filestatutory exclusion/legislative waiverpresumed social benefits have not

materializeddoes not guarantee more punitive

disposition

Juvenile Waiver to Criminal Court (cont.)

Juvenile Justice

Haley v. Ohio, 1948 Fourteenth Amendment prohibits police from

violating due process clause in obtaining confessions from juveniles

illegal confessions are inadmissible in court

Kent v. United States, 1966 waiver decision is a critically important stage juveniles have constitutional rights

Extending Due Process to Juveniles

Juvenile Justice

In Re Gault, 1967 established five basic due process rights for

adjudication hearings:1. Proper notification of charges2. Legal counsel3. Confront witnesses4. Privilege against self-incrimination5. Appellate review

Extending Due Process to Juveniles (cont.)

Juvenile Justice

In Re Winship, 1970 beyond a reasonable doubt standard

necessary when incarceration is a possibilityMcKeiver v. Pennsylvania, 1971

juveniles do not have the right to a jury trialBreed v. Jones, 1975

double jeopardy applies between juvenile and adult courts

Extending Due Process to Juveniles (cont.)

Juvenile Justice

Schall v. Martin, 1977 preventative detention is constitutional

how do these cases both reflect and refute the doctrine of parens patriae?

Extending Due Process to Juveniles (cont.)

Juvenile Justice

1973-2003, twenty-two juvenile offenders executed in United States

thirteen of those in Texasfour USSC cases

The Juvenile Death Penalty

Juvenile Justice

Eddings v. Oklahoma, 1982 court must consider all mitigating factors

Thompson v. Oklahoma, 1988 age of sixteen

Stanford v. Kentucky, 1989 constitutionally permissible to execute

juveniles who committed their crime when they were sixteen or seventeen

The Juvenile Death Penalty (cont.)

Juvenile Justice

Roper v. Simmons, 2005 eighteen is the new age line Eighth Amendment--cruel and unusual

punishment

The Juvenile Death Penalty (cont.)

Juvenile Justice

preceding cases created procedures that mirrored those of adult courts

Megan’s Law and juvenile sex offenders

Eroding Distinctions Between Adult and Juvenile

Juvenile Justice

what is restorative justice?compromise between hard punishment and

soft rehabilitationholds offender accountable while healing

the harm done to the victim and the community

often involves face-to-face contact between victim and criminal

Restorative Justice

Juvenile Justice

balanced approach focuses on three equally important components for sanctioning of juveniles:

1. Hold juveniles accountable2. Protect the community3. Competency development programs VORPS

very successful (97 percent satisfaction among victims)

Restorative Justice (cont.)