Juvenile Justice Process - Juvenile Justice - Lecture Slides, Slides for Juvenile Delinquency
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Juvenile Justice Process - Juvenile Justice - Lecture Slides, Slides for Juvenile Delinquency

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Main topics in course Juvenile Justice are: Attitudes toward Children, Correlates of Delinquency, Development of the Juvenile Court, Families, Gangs, Juvenile Corrections, Juvenile Institutions and Treatment, Juvenile Ju...
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Overview of the Juvenile Justice Process

Overview of the Juvenile Justice Process

• Initial contact (police, parents, schools, DFS)

• Discretion to make referral

• Taken into custody arrest

• Investigation

• Diversion

• Detention hearing

• Pretrial procedures

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Process

• File a petition (indictment)

• Adjudicatory hearing (trial)

• Agree to a finding or deny petition

• Adjustment (plea bargain) Adjudication (conviction)

• Disposition (sentence)

• Bifurcated process

• Aftercare

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Process

• Commitment (incarceration, institutionalized)

• Youth development center, training school (prison)

• Residential facility (halfway house)

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Current legislation

• National advisory commission on criminal justice standards and goals (1973)

• Emphasized:

• Prevention

• Diversion

• Dispositional alternatives

• Due process

• Controlling the violent and chronic delinquent

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Legislation

• Juvenile Justice and Delinquency Prevention Act of 1974

• Office of Juvenile Justice and Delinquency Prevention (OJJDP)

• Removed juveniles from adult jails

• Separation of status offenders and delinquents

• Violent crime control and law enforcement act of 1994

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Police and Juveniles

• Role conflicts: law enforce or service-oriented delinquency prevention

• Arrests

• 64% referred to juvenile court

• 28% informally handled and released

• 5% referred to criminal court

• 2% referred to DFS

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History

• 19th century: increase in number of unemployed and homeless youths

• Wickersham Commission, IACP advocated police reform

• Delinquency control squads

• Vollmer (Berkeley): prevention programs and juvenile aid bureaus, first organized special police services for youths

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History

• 1960s: increased tension between police and citizens

• Civil unrest; police seen as oppressors

• Increase in crime

• Law Enforcement Assistance Administration (LEAA)

• Development of role in community awareness and crime prevention

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History

• Specialized programs for juveniles

• Police athletic leagues

• Project DARE

• Community outreach (crime prevention, Weed & Seed

• School resource officers

• Gang control

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Police and the law

• Law of arrest the same for adults and juveniles

• Probable cause

• Misdemeanor: police must observe crime

• Felony: probable cause

• Otherwise must have a warrant

• Police can “arrest” youths for status offenses such as truancy, running away and alcohol use

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Police and the law

• In loco parentis

• Protective rather than punitive function

• Once arrested, formal safeguards of the 4th and 5th amendment attach

• 4th amendment standards of search and seizure have been determined to apply to juveniles

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Police and the law (exceptions to the warrant requirement)

• Same stop and frisk rule (Terry v. Ohio)

• Search after a legal arrest in the immediate area of the subject’s control (Robinson v CA)

• Automobile can be searched if there is probable cause

• Consent to search

• Abandoned property

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Law and the police

• Plain view doctrine

• What about school officials?

• Can school officials do searches and turn over what they find to police?

• New Jersey v. T.L.O.

• What should be the standard?

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New Jersey v T.L.O.

• Balance between the student’s right to privacy and school’s need to provide a safe environment

• Teachers do not need to obtain a warrant before searching a student

• Justified if violating the law OR violating school rules

• Legality depends on reasonableness, rather than probable cause

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New Jersey v TLO

• Considerations are the scope of the search, age and sex of the student, and that behavior that prompted the search

• An adult could not be searched by an agent of the government under this standard

• This case is a balance between protections of adults and the needs of youths

• In loco parentis

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Veronia School district

• Supreme Court allowed for suspicionless drug testing program for those in the athletics program

• Would this case apply to youths who are not in such programs, i.e., random testing ? Not clear, has not be litigated

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Custodial interrogations

• Miranda v. AZ (1966)

• In re Gault applied Miranda warnings to juveniles (1967)

• Is a child’s waiver of those rights valid?

• People v. Lara: whether juvenile can waive depends on the totality of the circumstances:

• Age and other factors

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Interrogations

• People v Lara also said that other factors could be considered: education, knowledge, whether youth could consult with family or friends, method of interrogation, whether youth had refused previously to give statements

• Validity of waiver to be determined on a case by case basis

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Other cases on interrogations

• Fare v. Michael: asking to speak to his probation officer not the same as asking for his attorney, statements were admissible

• CA v Prysock: Miranda warning worded slightly differently (taped), court ruled that it was understandable to the juvenile

• Many jurisdictions require attorney and/or parent, just to be sure

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Police discretion and juveniles

• Problem of discretion: need for flexibility, but it can be misused (can result in discrimination, especially against the poor and minority groups)

• Considerable evidence that poor children and perceived and treated differently from middle class children

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Studies of police discretion

• More than ½ of police juvenile encounters are handled informally

• Stationhouse detention

• Factors affecting decision to handle formally/informally

• Piliavin and Briar: other factors being equal, the demeanor of the juvenile

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Studies of police discretion

• Other factors:

• Type and seriousness of offense

• Wishes of the complaintant

• Prior contacts

• Race, sex and age

• Perceived willingness of the parents to solve the problem

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Discretion

• Location

• Police perception of community alternatives

• Police department practices

• Perceived community standards and norms

• Racial bias? Mixed results

• Police appear more likely to arrest minorities for more minor offenses, makes little difference for serious offenses

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Discretion

• African Americans more likely to be recommended for formal processing

• However, greater involvement of minorities in offenses

• Factors interact with others indicated above (perceived community standards, alternatives, etc.)

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Police and gender bias

• Paternalism, chivalry hypothesis

• Police tend to be more lenient toward female delinquency, but treated them more harshly

• Females more likely to be referred for status offenses

• Inconclusive

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