SC CRJU 101 - Juvenile Justice (7 pages)

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Juvenile Justice



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CRJU 101 1st Edition Lecture 19 Outline of Last Lecture I The Ice Man Outline of Current Lecture II What is the juvenile justice system III Who falls under the juvenile justice system a Delinquent children b Undisciplined children c Dependent children d Neglected children e Abused children f Status offenders IV Status offenses a Running away b Truancy c Liquor violations d Incorrigibility V Juvenile delinquency VI Juvenile justice process VII Juvenile dispositions a Nominal b Conditional c Custodial d Waivers to adult court VIII Waivers to adult court Current Lecture What is the Juvenile Justice System Handles youthful offenders and other children subject to the jurisdiction of the juvenile court Limited jurisdiction o Age is the key factor o Become an adult at 17 in the state of SC o Most is 18 These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Based on parens patriae o English court system Father of the country King was the rule and had control of the land and if parents weren t acting in the best interest of the child the king would step in and act on behalf of the parents We have adopted this system in the US State acts in the best First juvenile court o Cook County Illinois 1899 know the date Realized that kids are different than normal adult offenders Rehabilitation in the least restrictive placement kids are young and this is the chance to fix them and rehabilitate them before they continue down a bad path Who falls under the juvenile justice system Delinquent children o Doesn t matter how old the kid is they would be a criminal if they committed this as an adult o A robbery is a robbery o Violate the criminal law o Criminals if adults Undisciplined children o Incorrigible o Doesn t come home at night and doesn t go to school o Ungovernable and has 0 respect for the parents and their rules o The state will step in because this is in the best interest of the child Dependent children o No parents or guardians to care for them o End up in foster care and hopefully get adopted o The state will step in and take care of them Neglected children o Do not receive proper care from guardian o Parents spend rent money on heroin not being fed not access to proper health Abused children o Physical emotional or sexual abuse at the hands of a caregiver Status offenders o Would not be a crime if an adult did it o Only a crime because of their age o Status as a juvenile that make this illegal o Drinking running away from home curfew violations smoking Status Offenses only a crime because they are kids Running away o 2005 200 000 runaways o Over are 15 17 o Reasons for running Abuse girls runaway for boyfriends parents are mean Truancy o Kids who are absent from school without permission o In SC if a kid is absent for 10 days it raises a red flag o Al Paso its 18 days o Correlation to crime when kids are bored and are not in school they get in trouble arson drugs vandalizing break in to cars etc Liquor violations o Most common status offense Incorrigibility o Beyond parental control o Ungovernable Juvenile Delinquency 2010 arrests Juveniles accounted for 12 6 of all arrests High categories know these top three don t need to know o Arson 41 o Vandalism 31 o Disorderly conduct 25 o Curfew loitering 100 Juvenile Justice Process Juvenile comes to attention of the court o By law enforcement DSS parents teachers and schools Intake o First step in deciding if a law was broken Detention hearings o Should the juvenile be detained The offense committed how many offenses they have committed o Preliminary hearing probable cause Is there probable cause this is the person that committed the crime Transfer hearing o Adjudication Transfer to a different court based on the nature of the crime and how many offenses etc o Did the juvenile commit the crime o Much more informal and relaxed o Determine innocence or adjudicated delinquent instead of guilty Disposition evidence this kid did in fact commit this crime o What do we do with them o Set by the judge o Sentencing phase judge can do creative things based on what s available in the state o Try to keep kids out of secure facilities Juvenile Dispositions Nominal o Verbal warnings or stern reprimands o Juvenile released to parent guardian o This is usually enough to get a kid on a better path Conditional o Probationary options o Youth must comply with certain conditions o Parents have to be as actively involved o In some states parents can get fined if the child doesn t comply Custodial o Non secure Alternative school o Secure o Last resort for serious offenders o Can bring them out in the wilderness for camps and try to build their confidence and teach them life skills Waivers to adult court o Process that determines this Waivers to Adult Court Transferred to adult court Who should be transferred o Chronic o Persistent o Violent Your sentence can be different blended sentences Minimum age of transfer varies across nation o In SC there is no minimum age o 22 states have no minimum age o 14 the most popular minimum age o SC minimum age None Why transfer o Harsher punishment to be imposed Armed robbery at 16 will be waived to adult so they can get a longer sentence because at 17 they can be released o Just desserts o Fairness in punishment o Accountability o Deterrence o Overcome JJS leniency o Responsibility Need to be held accountable for their actions


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