The Juvenile Justice System: Differences, History, and Trends - Prof. Q. Thurman, Study notes of Criminal Justice

Download The Juvenile Justice System: Differences, History, and Trends - Prof. Q. Thurman and more Study notes Criminal Justice in PDF only on Docsity! Juvenile Justice  The juvenile justice system is different from the adult system. One of the differences between the two systems is the emphasis placed upon the culpability of the offender and the system’s role in changing behavior. Children are believed to be less responsible for their actions than adults.  In 1990 many states changed laws to increase the controls and sanctions over juveniles.  Part of this increase of controls for juveniles comes from the public perspective that juvenile crime is increasing and is becoming more violent.  Juvenile crime has been declining, and violent crime is now half that of what it was in the 1990s. Culpability and Violence crime by juveniles  Before the 1800s children received very little protection or special treatment from society or the legal system. Only children under the age of 7 were presumed to be incapable of criminal culpability, all others were punished similarly to adults.  In the late 1800s and early 1900s the child saver movement resulted in states creating the juvenile justice system.  The first Juvenile court was established in Chicago in 1899 and by 1919 almost all states had created a separated judicial system for juveniles then juvenile probation was established.  The 1974 Juvenile justice and Delinquency prevention Act mandated that neglected/ abused children and status offenders be removed from the secure detention facilities that housed juvenile delinquents. History of the Juvenile Justice System  A series of supreme court cases in the 1970s established a variety of due process rights for juveniles.  In Roper v. Simmons, the Supreme Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.  Cooper v. Pate (1964) was a Supreme Court case in which the court ruled for the first time that state prison inmates have the standing to sue in federal court to address their rights under the Civil Rights Act of 1871. The case eventually led to the recognition that prisoners have rights that are protected by the U.S. Constitution. Supreme Court Cases  A series of Supreme Court cases in the 1960s and 1970s extended some due process to juvenile offenders.  The major development was the supreme court holding that juveniles deserved some due process in juvenile proceedings (In re Gault).  It established that juveniles accused of crimes in a delinquency proceeding must have the same rights as adults such as the right to timely notification of charges, the right to confront witnesses, the right against self- incrimination, and the right to counsel.  Kent v. United States. guarantees that juveniles be provided with a waiver hearing prior to being transferred to adult courts Supreme court cases  There are also serious concerns by observes that the juvenile justice system discriminates on the basis of race. Black and other minority are much more likely to be formally processed and end up in juvenile or adult facilities than whites. Poor kids are also more likely to be taken into the system. Part of this is due to lack of family support. Juveniles who have supportive families who are willing and likely to work with juvenile officials are more likely to be referred to community programs rather than institutionalized.  In 1997, African-Americans made up about 15% of the population about 26% of juvenile arrests, about 30% of delinquency referrals and about 40% of juveniles in long-term incarceration facilities. Minority Juvenile Offenders  Juvenile court judges are more likely to transfer minority delinquents to adult court than white delinquents, even after controlling for seriousness of crime.  In 1997, only about 19% of all juvenile delinquent referrals resulted in detention but minority made up 47% of those who were detained.  Across offenses, for males and females the black proportion of detained cases was in the 30 to 40% range. The one exception was among detained girls referred for drug offenses. Black girls accounted for just 19% of this group close to their representation in the juvenile population 16%. Minority Juvenile Offenders  The adjudication hearing is the juvenile version of a trial in a criminal court.  Drug courts exist in the juvenile system as well as the adult system.  In these special courts, juvenile who are identified as drug abusers are provided with specialized services.  The number of juvenile court cases involving drug offenses more than doubled between 1993 and 1998, and 116,781 adolescents under the age of 18 were arrested for drug violations in 2002. The Processing of Juvenile Offenders Juvenile Justice System Criminal Justice System  The underlying rationales of the juvenile court system are that youth are developmentally different from adults. Rehabilitation and treatment, in addition to community protection, are considered to be primary goals.  Law enforcement has the option of preventative detention -- detaining a youth for his own protection or the community's protection.  Not all states afford juveniles the right to a jury trial.  A juvenile offender is judged "delinquent" rather than "guilty."  Rehabilitation is not considered a primary goal in the criminal justice system, which operates under the assumption that criminal sanctions should be proportional to the offense. Deterrence is seen as a successful outcome of punishment.  Defendants have the right to apply for bond or bail.  All defendants have a constitutional right to a jury trial.  A defendant is found "innocent" or "guilty."  Probation is the oldest and most widely used model of community-based corrections.  All states have had juvenile probation since 1930s  This community-based supervision allows the juvenile to remain in a community while following a set of rules that are specifically tailored to the individual’s circumstances.  Probation can be revoked if the juvenile violates the conditions.  Probation was used in 62% of formal juvenile dispositions in 2002 and is more likely to be given to a juvenile offender than a residential placement. Probation Video > http://www. youtube.com/watch?v=O4vHQVOZ130