Chapter 1 Mens Rea guilty mind intent to commit a crime Historically children younger than 7 were deemed incapable of mens rea and were exempt from criminal responsibility varies in states First juvenile court set up in Cook County Illinois in 1899 o Influenced by parens patriae state would function as the ultimate parent for those who couldn t care for themselves o Downside of parens patriae Few procedural protection for juveniles Juvenile Justice History in America 1 The Pre Juvenile Court Era 1600 1898 o Family served as police prosecutor judge o Juveniles treated and punished like adults o Some were sent to house of refuge considered the first juvenile institution in America Meant to save children through work education but became places of rampant abuse filthy conditions 2 The Juvenile Court Era 1899 1966 o Development of the world s first juvenile court o Again based off parens patriae o Started viewing children as victims of circumstances o Introduction of indeterminate sentence a child would remain under eye of the courts until cured 3 The Juvenile Rights Era 1967 1979 o Problems aroused such as unfair biased sentences indeterminate sentencing o U S Supreme Court decision started giving juveniles procedural rights in too harsh adjudication proceedings o In re Gault 15 year old Gerald Gault was arrested for prank calling Parents weren t informed No written record Overall lead Supreme Court to give rights to kids such as notice of charges right to lawyer etc 4 The Crime Control Era 1980 Present o Era of getting tough o The perception of juveniles as superpredators led to an emphasis on imposing harsher and longer penalties for serious and violent juvenile offenders o Started to focus on Identifying treating protecting status offenders but also Remaining tough on serious violent chronic juvenile offenders Juvenile vs Adult Justice System Differences o Concept of responsibility Adults are rational actors Juveniles are victims of circumstances o Terminology Adults Juveniles Prosecution Intake Jail Detention Trial Conviction Adjudication Sentencing Disposition Parole Aftercare o Adjudication hearings generally private informal and non criminal in nature Judge is a Fact finder Similarities o Being taken into custody result in the offender being deprived of liberty o Both processes lead to hearings that can result in loss of freedom Juveniles Delinquency and the law Original Jurisdiction the court that will hear a delinquency case originally or for the first time Controversy of culpability refers to the controversy concerning the age at which a child can be held responsible for his her actions because of the ability to possess mens rea lower age limit Delinquency Defined criminal act Delinquency acts committed bya juvenile if committed by an adult would be a Status offense acts that are illegal for juveniles o Smoking o Skipping school o Running away The Scope of the Juvenile Justice System Delinquent Offenders o There s a need to distinguish typical delinquents from non delinquents Typical delinquent nonviolent property or other crime offenders Almost of arrest fall under this 90 Nontypical delinquents offenses are more frequent and serious Status Offenders o Difference delinquent offenders are to be rehabilitated punished Status offenders are considered in need of supervision assistance Dependent and Neglect Children o Dependency usually involves absence of parents o Neglect Based on lack of physical emotional financial support from parent Overview of Juvenile Justice Process Initial Contact gatekeepers o Options to decide Informal option o 85 of delinquency referrals are made by law enforcement officers they are Ignore the behavior Give a warning and call parents Referral to social services Basically give juvenile a second chance Formal option Will be taken into custody and would have to go to court Intake Prosecution o Intake officers usually probation officers prosecutors decide at intake prosecution whether the juvenile will face an adjudication hearing trial or be diverted from the formal juvenile system o They will either Petition a formal complaint to the juvenile court by an intake officer requesting a adjudication hearing trial Non petitioned youths who won t go to a adjudication hearing but have been diverted in another way such as informal probation or case is dropped Adjudication Trial o Usually less formal than adult trials considered civil in nature o Usually decided by judge o Many juveniles petition uncontested like a plea bargain Disposition Sentencing o Bifurcated system refers to the two part juvenile court process for petitioned juvenile offenders adjudication and disposition o Cases are usually decided by putting juvenile on probation or institutionalization Aftercare Parole A period of supervision release in the community before outright discharge from supervision Chapter 2 The Emergence of the Classical School The Devil and Delinquency o Prior to the 1700s the dominant view was that criminal behavior occurred because of temptation by the devil o Trial by ordeal was designed to test whether the individual was under influence of the devil Beccaria and free will Classical School o Cesare Beccaria believed human beings were essentially rational beings who weigh out costs and benefits before they act o Purpose of punishment is to prevent crime to be swift certain and severe Biology Determinism and the Positive School Determinism the cause of delinquency are predetermined to the individual or environmental factors Positivism perspective of thoght in which cause of behavior can be measured and observed Positive school application of scientific principles to the study of crime Lombrose and the Atavist o Cesare Lambroso proposed that criminals were biologically inferior Different o Atavists born criminals that could be recognized by certain physical from non criminals characteristics Phrenology and Craniology o Phrenology study of the shape and contours of the skull to classify predict o Delinquency Body type Theories o William Sheldon examined body types of delinquent offenders o Concluded that Mesomorphs muscular person with big bones Endomorphs soft and round body types Ectomorphs tall and thin body types Genertic Influences o Crime is transmitted inherited through bad genes o Research conducted by Richard Dugdale Henery Goddard o Adopted kids act more like their biological parents Psychological Explanations of Delinquency Sigmund Freud believed criminal