Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 14

2. Evolution of American Juvenile Justice System • 1800– juvenile offenders were treated the same as adult offenders • Same courts, same penalties • Progressive Movement began to change way younger offenders were treated • Parens Patriae: State has duty to care for children who are neglected, delinquent or disadvantaged • Juvenile offenders required treatment, not punishment

3. First Juvenile Courts • Local legislatures established laws to take control of children who exhibited tendencies or had been neglected by their parents • 1st juvenile court founded in Illinois, 1899 • No juries; judges had wide discretion • Different terminology; “petitions” not warrants; “adjudicated delinquent” not convicted • No adversarial relationship between the parties • Confidentiality– Records are sealed • By 1945, all states had similar court for juveniles

4. Juvenile Justice Process • Status offender: committed act deemed unacceptable for those below a certain statutory age • Curfew violation, truancy, alcohol consumption, incorrigibility • Juvenile delinquency: acts which would be criminal if committed by an adult • Theft, robbery, assault, vagrancy

5. The Courts’ Impact on Juvenile Justice • Many judges were treating status offenders harshly– same as law violators • Kent v. U. S. (1966)– Juveniles have right to counsel, and a hearing where judge is considering sending case to adult court • In Re Gaultdecision (1967)– juveniles entitled to same basic due process as adult offenders

6. In Re Gault Decision – Great Impact on System • Due process rights required: • Notice of charges filed against him • Right to counsel • Privilege against self-incrimination • Right to confront and cross examine witnesses against him • Amounts to many of same due process rights adults are entitled to

7. Issues in Delinquency • Age at which a criminal act is deemed impossible– 7-9 age range for most states • Today, many states require juveniles who are of a certain age and commit a violent offense to be waived to adult court • Many researchers– a juvenile by age 14 is able to make reasoned decision same as an adult • Others– Juveniles still lack the real life experience which may limit their judgement

8. Issue in Delinquency • Roper v. Simmons supreme court case forbid the execution of offenders who were under 18 at the time of the murder • Rationale: Minors cannot fully comprehend the consequences of their actions, so the two main justifications for the death penalty, retribution and deterrence, do not work

9. Juvenile Justice Procedures • Officer may take juvenile into custody for law violation, status offense, or for their own protection (from family or peers) • In protection cases, officer is acting in loco parentis, or in place of parents • Upon arrest, juvenile is usually: • Detained in a juvenile lock-up • Diverted from the system to a program • Transferred to adult court

10. Intake Process • Police officer refers youth he believes needs attention of system to juvenile court • Court also received referrals from parents, relatives, welfare agencies, school officials • Intake Officer (or judge) considers options: • Dismiss the case, no action • Divert offender to a treatment program • File petition for formal court hearing • Transfer case to adult court

11. Juvenile Pretrial Diversion • By 1960’s, some believed the juvenile system was not emphasizing rehabilitation • Status offenders were being punished as severely as criminals • Diversion: the removal of an alleged delinquent from the formal juvenile justice process to a treatment program • Three general categories: • Probation– under supervision in community • Treatment for drug/alcohol/mental health/medical • Restitution to victim for wrong committed

12. Transfer to Adult Court • Has been popular with “get tough” group • Judicial waiver: formal action by judge to move juvenile to adult court • Judge considers age, offense, criminal record of the juvenile in making decision • Some states require waiver (automatic transfer) for certain serious crimes • Most likely to transfer violent felony cases

13. Detention of Juveniles • Judges attempt to release most juvenile defendants to parents or guardian before disposition of the case • Juvenile can be detained in temporary custody or a secure facility • Juvenile has right to a detention hearing before such an order; has procedural rights– counsel, confront witnesses

14. Detention of Juveniles • Juvenile judge must justify his decision with one of three rationales: • Whether child poses danger to community • Whether child will return for court hearings • Will detention decision protect the child (are they a threat to their own welfare through suicide, or simply make matters worse for themselves prior to court)

15. Adjudicatory Hearing • To determine if juvenile is delinquent, or in need of some form of court supervision • Juvenile has right to: • Notice of charges against him • Counsel representation • Confrontation of witnesses • Self-incrimination prohibition • System has become more formal, rigid and adversarial over past 40 years • Judge determines whether respondent is delinquent at conclusion of the hearing

16. Disposition of Juvenile Case • After adjudication take place, a dispositional hearing is held (bifurcated process) • Judge decides what sentence will best “serve” needs of the juvenile • Probation Office provides disposition report to help judge make decision • Report addresses family background, facts of the offense or act, interviews with significant persons

17. Small Group Discussion • The disposition report completed by the Probation Officer will address many of the factors discussed on p. 382, Fig. 14.6. • Which of those many factors do you believe are the most influential in a juvenile committing crime or delinquent acts? Why?

18. Factors Influencing Delinquency • “Chronic 6%” will be arrested five or more times before they turn 18 years old • They are responsible for 50% of all crimes, and 75% of violent crimes (one study) • Most likely interpretation– This small percentage of children are more likely to commit crimes under certain circumstances

19. Age and Crime • Aging out: any group of at risk persons will commit fewer crimes as they grow older, regardless of race, intelligence or class (Gottfredson) • Explained by intervening events (marriage, job, military service) that force a juvenile to mature– Less ability to commit crimes

20. Age and Crime • Age of onset: age at which youth begin delinquent behavior • Those who committed delinquency before age 15, much more likely to become chronic offender • The earlier a youth enters juvenile justice system, more likely he will become a violent criminal

21. Substance Abuse • Alcohol is a factor in 50-65% of all teen suicides • 60% of male juvenile detainees tested positive for drug use at time of offense • 87% of female teen offenders were in need of substance abuse treatment • Some decreases in juvenile drug charges in past 10 years

22. Child Abuse and Neglect • Child abuse: infliction of physical or emotional damage of a child • Child neglect: deprivation of love, shelter, food, proper care • Homes where violence or neglect occur cause children to suffer high degrees of physical and emotional problems • This all increases their chances of engaging in delinquent behavior

23. Child Abuse and Neglect • 73% of children aged 14-17 who had parents who had records of abuse were themselves sent to juvenile court for delinquency • 75% of violent juveniles suffered severe abuse from a family member • 80% had witnessed violence in their houses • 33% had a sibling with a prior record

24. Gangs and Juveniles • Youth gangs– groups of 3 or more who: • Identify themselves as being apart from community by clothing, hand signals, vocabulary, and names • Engage in criminal activity • 24,000 gangs; 760,000 members in U. S. • More than 50% of homicides in Chicago and Los Angeles are gang related • Much gang involvement in drug sales, assault, larceny and motor vehicle theft • More likely to own firearms

25. Guns and Juveniles • Juveniles’ arrest rates for weapons violations doubled 1987-1993 • As homicide rate dropped, so did arrest rates for weapons crimes • 47% of high school, 22% of middle school students said they could obtain a gun if they wanted • Could you?

26. Three Strategies to Address Delinquency • Transfer to adult court– harsher punishment • Social control regulation– change behavior; does not address causes: • Juvenile curfew • Parental responsibility statutes– Make parents responsible • Community-based programs to address needs of at-risk youth (counseling, education)

27. Question??? • What is your evaluation of parental responsibility laws? • Should parents be held responsible for their children’s delinquent behavior? • Why?

28. Bullying at School– A Cause of Delinquency? • A substantial percentage of campus shooters had reported being bullied • Revenge was often a motive for school shootings and violence • Bullying often accompanied by violence and instability in the home, depression and availability of firearms • Most school shootings take place in rural or suburban settings, by white students • Firearms may be readily available • Inner city schools have “locked down” with higher security

29. Homework– 5 Points • How do you feel about “snitch” programs to pay students for reporting on classmates who carry guns on campus, or violate school rules? • What are advantages/disadvantages of such a program?