Corrections Chapter 16 Notes 1 a Juvenile Justice facts figures Juvenile delinquency juvenile status offenses or other juvenile misbehavior Juvenile Offenders b i Many crimes are committed by juveniles each year refers to juvenile actions or conduct in violation of criminal law 1 States vary as to the age at which a person becomes an adult 2 15 of all violent crimes and 24 of all property crimes are committed by people less than 18 3 91 000 youths under age 12 were arrested in 2011 these child delinquents represent 6 of all juvenile offenders 2 History of Juvenile Justice a Before the modern era little distinction was made between criminality and delinquency Children were treated the same as adults b Around 753 BCE i Roman Law children had membership in their family but the father had absolute control over children In turn the children had an absolute responsibility to obey This was referred to as patria postestas ii Patria postestas led to the English concept of parens patriae The king was the father of the country thus having parental rights over everyone c Institutional Era 1800s i Houses of Refuge 1 Society for the Prevention of Pauperism established first house of refuge in New York City 1824 2 They were designed to save children from lives of poverty and crime ii 1860 Chicago Reform School 1 Reform schools were a product of child savers movement 2 Focused on pre delinquent youth who showed propensity for more serious crime d The Juvenile Court Era i 1899 Illinois Juvenile Court Act created what was considered to be the first juvenile court system in the United States ii 1945 Every state had legislation focusing on juveniles 3 Courts and Juvenile Justice a 5 Principles of the Juvenile Court Movement i 1 State is higher or ultimate parent for all children ii 2 The belief that children are worth saving and that non punitive procedures should be used iii 3 The belief that children should be nurtured while being protected iv 4 Justice for children should be individualized v 5 Non criminal procedures are necessary and denial of due process can be justified because intent is to help not perish b Categories of Children in the Juvenile Justice System used for state to step in and use i Delinquent Children who violate criminal law if they were adults they would ii Undisciplined They are out of their parents control Don t listen to family or parens patriae be criminals teachers etc iii Dependent Need the state because their family isn t there for them iv Neglected v Abused vi Status offenders Laws written specifically for children like school laws alcohol laws etc c The Legal Environment i For the first half of the 20th Century the U S Supreme Court took a hands off ii approach to juvenile justice It was not until the 1960s that the Court began to scrutinize the principles underlying the juvenile justice system d Kent v U S 1966 officially ended the hands off era i Supreme Court Decision Yes Due Process 1 Court upheld appeal and ordered adequate hearing for juvenile being considered for transfer to adult court 2 This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings e In re Gault 1967 Now they laid out the specific rights of due process i U S Supreme Court held for Gault based on four issues related to due process 1 Notice of Charges 2 Right to counsel 3 Right to confront cross examine witnesses 4 Protection against self incrimination f In re Winship 1970 i The U S Supreme Court upheld appeal establishing proof beyond a reasonable doubt as standard in juvenile proceedings of delinquency ii Court still allows a preponderance of evidence in juvenile cases where the juvenile is charged with a status offense g McKeiver v Pennsylvania 1971 i His attorney requested a jury trial but was denied ii Supreme Court Decision 1 The U S Supreme Court denied the appeal holding that jury trials for juveniles were not mandated by the Constitution h Breed v Jones 1970 i ii Jones was transferred to adult criminal court and subsequently found guilty of robbery He was committed to the California Youth Authority Jones attorney appealed based on issue of double jeopardy because he had already been adjudicated a delinquent i Schall v Martin 1984 i Supreme Court Decision 1 Pretrial detention of juveniles based on serious risk does not violate the principle of fundamental due process fairness j Roper v Simmons 2005 i The Court set a new standard when it ruled that age is a bar to execution when the offender commits a capital crime when s he is younger than 18 State has also done away with mandatory life sentences for juveniles k Legal Aspects of Juvenile Justice i Most jurisdictions today have statutes designed to extend the Miranda provisions to juveniles Juvenile rights may extend to investigative procedures and searches ii l Problems of children today i Drugs alcohol ii Violence iii Abuse iv Bullying 1 Juvenile Justice v Criminal Justice a Graham v Florida 2010 involving a homicide b Miller v Alabama 2012 unusual punishment c When does adulthood begin and 18 most age 18 ii Binding over 1 i Prohibits the imprisonment of a juvenile for life without parole for a crime not i Mandatory sentences of life without parole for juveniles considered cruel and i States vary with regard to what age adulthood begins It may be between 16 Juveniles who commit serious crimes may be bound over to criminal court This decision may be a Made by a judge b Made by prosecutors c d Differences Between Juvenile and Adult Systems Statutory i Juvenile ii Adult iii Juvenile iv Adult v Juvenile vi Adult 1 Focus on delinquency 2 Helping context 3 Petitions or complaints legitimize apprehension 1 Focus on criminality 2 Adversarial setting 3 Arrest warrants the basis of most arrests 1 Provide for right to an attorney 2 Closed hearing and no right to jury trial 3 Protections and treatment the goals 1 Provide for right to an attorney 2 Public trial and right to jury trial 3 Punishment and reformation the goals 1 Sealed records may be destroyed at a specific age 2 Released into parental custody 3 Separate facilities at all levels 1 Public record of trial and judgment 2 Possibility of bail or release on recognizance 3 Possible incarceration in adult correctional facility 2 Juvenile Justice Process a Intake the first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of law or could otherwise cause a juvenile court to assume