What is the Juvenile Justice System?Handles youthful offenders and other children subject to the jurisdiction of the juvenile courtLimited jurisdictionAge is the key factorBecome an adult at 17 in the state of SCMost is 18Based on parens patriaeEnglish court system:Father of the countryKing 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 parentsWe have adopted this system in the USState acts in the bestFirst juvenile courtCook County Illinois 1899 *know the dateRealized that kids are different than normal adult offendersRehabilitation 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 pathWho falls under the juvenile justice system?Delinquent childrenDoesn’t matter how old the kid is, they would be a criminal if they committed this as an adultA robbery is a robberyViolate the criminal lawCriminals if adultsUndisciplined childrenIncorrigibleDoesn’t come home at night and doesn’t go to schoolUngovernable and has 0 respect for the parents and their rulesThe state will step in because this is in the best interest of the childDependent childrenNo parents or guardians to care for themEnd up in foster care and hopefully get adoptedThe state will step in and take care of themNeglected childrenDo not receive proper care from guardianParents spend rent money on heroin, not being fed, not access to proper healthAbused childrenPhysical, emotional or sexual abuse at the hands of a caregiverStatus offendersWould not be a crime if an adult did itOnly a crime because of their ageStatus as a juvenile that make this illegalDrinking, running away from home, curfew violations, smokingStatus Offenses:~ only a crime because they are kidsRunning away2005: 200,000 runawaysOver ½ are 15-17Reasons for running:Abuse, girls runaway for boyfriends, parents are “mean”TruancyKids who are absent from school without permissionIn SC if a kid is absent for 10 days, it raises a red flagAl Paso its 18 daysCorrelation to crime – when kids are bored and are not in school, they get in trouble (arson, drugs, vandalizing, break in to cars…etc.)Liquor violationsMost common status offenseIncorrigibilityBeyond parental controlUngovernableJuvenile Delinquency:2010 arrestsJuveniles accounted for 12.6% of all arrestsHigh categories *know these top three/don’t need to know %Arson 41%Vandalism 31%Disorderly conduct 25%Curfew/loitering 100%Juvenile Justice Process:Juvenile comes to attention of the courtBy law enforcement, DSS, parents, teachers, and schoolsIntakeFirst step in deciding if a law was brokenDetention hearingsShould the juvenile be detained?The offense committed, how many offenses they have committedPreliminary hearing (probable cause)Is there probable cause this is the person that committed the crimeTransfer hearingAdjudication = Transfer to a different court based on the nature of the crime and how many offenses etc.Did the juvenile commit the crime?Much more informal and relaxedDetermine innocence or adjudicated delinquent instead of guiltyDisposition – evidence this kid did in fact commit this crimeWhat do we do with them?Set by the judgeSentencing phase – judge can do creative things based on what’s available in the stateTry to keep kids out of secure facilitiesJuvenile Dispositions:NominalVerbal warnings or stern reprimandsJuvenile released to parent/guardianThis is usually enough to get a kid on a better pathConditionalProbationary optionsYouth must comply with certain conditionsParents have to be as actively involvedIn some states parents can get fined if the child doesn’t complyCustodialNon-secureAlternative schoolSecureLast resort for serious offendersCan bring them out in the wilderness for camps and try to build their confidence and teach them life skillsWaivers to adult courtProcess that determines thisWaivers to Adult Court:Transferred to adult courtWho should be transferred?ChronicPersistentViolentYour sentence can be different ~ blended sentencesMinimum age of transfer varies across nationIn SC there is no minimum age22 states have no minimum age14 the most popular minimum ageSC minimum age?NoneWhy transfer?Harsher punishment to be imposedArmed robbery at 16 will be waived to adult so they can get a longer sentence because at 17 they can be releasedJust-dessertsFairness in punishmentAccountabilityDeterrenceOvercome JJS leniencyResponsibilityNeed to be held accountable for their actionsCRJU 101 1st Edition Lecture 19Outline of Last Lecture I. The Ice ManOutline of Current Lecture II. What is the juvenile justice system?III. Who falls under the juvenile justice system?a. Delinquent childrenb. Undisciplined childrenc. Dependent childrend. Neglected childrene. Abused childrenf. Status offendersIV. Status offensesa. Running awayb. Truancyc. Liquor violationsd. IncorrigibilityV. Juvenile delinquency VI. Juvenile justice processVII. Juvenile dispositions a. Nominal b. Conditionalc. Custodiald. Waivers to adult court VIII.Waivers to adult courtCurrent 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 factoro Become an adult at 17 in the state of SCo Most is 18These 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 patriaeo 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 acton behalf of the parents We have adopted this system in the US State acts in the best- First juvenile courto 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 pathWho falls under the juvenile justice system?- Delinquent childreno Doesn’t matter how old the kid is, they would be a criminal if they committed this asan adulto A robbery is a robberyo Violate the criminal lawo Criminals if adults - Undisciplined children o Incorrigibleo Doesn’t come home at night and doesn’t go to schoolo