delinquents
juveniles who commit acts that are criminal when committed by adults
status offenses
laws that make certain actions that are legal for adults such as smoking, drinking, not obeying parents, staying out at night to all hours, and not going to school, illegal for them.
-law assumes that juveniles lack the maturity to appreciate the long ter
chins
child in need of supervision
pins
person in need of supervision
extent of delinquency
16% of all violent crime arrests and 26% of all property crime arrests
-u.s. census bureau 2006- the % of the population between the age of responsibility and adulthood averaged across all states was about 11.5% in 2005.
juvenile brain and juvenile behavior
1. at much at less of behavior is routed in biology, that inter mingles with environment. this causes teens to conflict with parents, take more risks, and experience wide mood swings.
2. lack of synchrony between the body and still maturing brain.
3. out
history and philosophy of juvenile justice
up until 300 years ago concept of childhood not recognized.
age 7 in england and age 6 in america were the age of criminals
parens patriae
state as parent" act in the best interest of the child or any other legally incapacitated person such as someone who is mentally ill.
bridewells
workhouses in every english county. generally dank, harsh, and abusive, but the idea behind them was that if vagrant youths were removed from the negative influences of street life, they could be reformed by discipline, hard work, and religious instructio
childhood in united states
imported from england
-new york house of refuge in 1825 was based on the bridewell model, housed orphans, beggars, vagrants, and juvenile offenders.
beginning of juvenile courts
in 1899 cook county, Illinois, enacted legislation providing for a separate court system for juveniles, and by 1945 every state in the union had established juvenile court system.
processing juvenile offenders
58% of juveniles taken into custody or otherwise referred to juvenile court were petitioned. court takes the jurisdiction of case if jurisdiction not accepted juvenile can be waived to adult court.
terminology in adult versus juvenile systems
-maturity
-experience
-age
waiver
designed to allow the juvenile courts to transfer juveniles over a certain age who have committed particularly serious crimes.
judicial waiver
involves a juvenile judge deciding after a full inquiry that the juvenile should be waived.
prosecutorial discretion
allows prosecutors to file some cases in either adult or juvenile court.
statutory exclusion
are waivers in cases in which state legislatures have statutory excluded certain serious offenses from the juvenile courts for juveniles over a certain age.
extending due process to juveniles
1.the right to proper notification of charges. 2. the right to legal counsel. 3. the right to confront witnesses. 4. the right to privilege against self-incrimination. 5. the right to appellate review.
kent v. united states
court ruled that juveniles must be afforded certain constitutional rights and began process of formalizing juvenile system into something akin to adult system.
in re gault
court established five basic constitutional due process rights for juveniles: 1.the right to proper notification of charges. 2.the right to legal counsel. 3.the right to confront witnesses. 4.the right to privilege against self-incrimination. 5.the right
in re winship
court ruled that when possibility of commitment to a secure facility is possible, "proof beyond a reasonable doubt" standard must be extended to juvenile adjudication hearings.
mckeiver v. pennsylvania
court ruled that juveniles do not have right to trial by jury
breed v. jones
court ruled that the probation against double jeopardy applied to juveniles once they have had an adjudication hearing
schall v. martin
court ruled that preventive detention of a juvenile charged with a delinquent act is constitutional because it serves a legitimate state interest, no right to bail consideration
graham v. florida
court ruled that the constitution prohibits the imposition of a life sentence without parole on a juvenile who did not commit homicide.
sanford v. kentucky
it is constitutionally permissible to impose the death penalty on 16 and 17 year olds.
roper v. simmons
-can only put those who are 18 and above to death. -death penalty for juveniles is unconstitutional.
eddings v. oklahoma
all mitigating factors should be considered in deciding to apply the death sentence to juveniles.
balanced approach
1.to protect the community. 2.to hold delinquent youths accountable, and 3.to provide treatment and positive role models for youths.
deferred adjudication
an agreement is reached between the youth and a juvenile probation officer, without any formal court appearance, that the youth will follow certain probation conditions.
predisposition reports
records of proceedings and probationers are more strictly monitored. help the judges make or formulate their recommendations.
intensive supervision probation
imposed on youths as a last chance before incarceration.
community service order
probationers helping their communities
restorative justice
every action that is primarily oriented toward justice by repairing the harm that has been caused by the act.
comparative perspectives of juvenile justice philosophies
welfare, legalistic, corporatist, participatory, (Reichel)2005
residential and institutional juvenile correction
like a halfway house where delinquents are disciplined -boot camps