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CJ 2011James A. Fagin

Chapter 12The Juvenile Justice

System: The Youthful Offender


© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights

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After completion of this chapter, students should be able to:Describe the goals of the juvenile criminal justice systemDiscuss major court cases that shaped due process rights of juvenile offendersExplain why states are beginning to hold juveniles more accountable for crimeDetail how juveniles are processed through the juvenile justice systemTalk about strategies being used to reduce violence in schools



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The New York House of Refuge juvenile reformatory was established in 1824

In 1865, any child could be sent to the House of Refuge in New York upon the complaint of a guardian

In 1849, 21% of Maryland penitentiary prisoners were between the ages of 10 and 20 % were between 12 and 20, and 21% were between 10 and 20



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Concept of parens patriae allows state government to act in place of parents.

First juvenile court established in 1899 in Cook County, Illinois.

Juvenile courts remove the child from authority of adult criminal courts



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Status offenders: a child who commits an act that if they were adults, the court would not have any authority over them (i.e. runaways)

Delinquents: juveniles who commit an act that is criminal for both adults and juveniles



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Kent v. United States (1966)

In re Gault (1967)

In re Winship (1970)

McKeiver v. Pennsylvania (1971)



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Juvenile court proceedings are not open for the public to view

Some exceptions: Oklahoma Publishing Company v. District Court in and for Oklahoma City

Smith v. Daily Mail Publishing Company



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The processing of youthful offenders through the juvenile justice system is quite different from that of the adult system

Forces acting on the juvenile justice system make juveniles who commit violent crimes more accountable for their actions



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Does the youthful offender have sufficient mens rea to appreciate the criminality of his or her act? Many argue youthful offenders:

1.Are not fully responsible for their criminal actions

2.Do not have the same mens rea or criminal intent as adults, due to their youth



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About 25 states have adopted a Blended Sentencing Option to create a ‘middle ground’ between traditional juvenile sanctions and adult sanctions

Blended sentencing can originate with either the juvenile court or the criminal court



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There are more differences among states in the processing of juveniles in the juvenile justice system than there are in the processing of adults in the criminal justice system



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Intake – the process whereby a juvenile enters the juvenile justice system

Referral – the process where juveniles are referred (by a parent/guardian, school official, social worker, juvenile probation officer, or juvenile court officer) into the juvenile justice system



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Juvenile Adjudication Hearing Delinquency Petition Teen Courts Juvenile Drug Courts Detention and Probation (Aftercare) Residential Placement Juvenile Probation (Aftercare) Juvenile Boot Camps Juvenile Death Penalty Life Sentence Without Parole



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Much attention is focused on explaining why juveniles commit crimes



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Child delinquents (between 7 and 12) are two to three times more likely to become serious, violent, and chronic offenders than adolescents whose delinquent behavior begins in their teens

Antisocial careers of male juvenile offender start, on average, at age 7

Preschool period is critical in setting a foundation for preventing the development of delinquency



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Hybrid Youth Gangs Have younger members Have more female members Less involved in drugs/violent crimes than traditional youth gangs

Female Gangs Females tend to leave the gang around age 20

Commit fewer violent crimes than male gang members

Tend to join gangs because of victimization at home



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National Youth Anti-Drug Campaign

Drug Abuse Resistance Education (DARE)

Growing Problems: Methamphetamine use Prescription drug abuse



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Preventing school violence has become an important goal

Attempts are made to reduce weapons on school property

Attempts are made to reduce bullying



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Reducing weapons on school property Metal detectors

Paying for information Reducing bullying Increasing police presence



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Banning of cell phones

Transferring troublemakers to the juvenile court

Expelling of disruptive/violent students



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Children are vulnerable victims to certain crimes, and the public and criminal justice system work to protect them from victimization



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Violence Against Children

Sexual Exploitation and Child Pornography

Child Pornography and the Internet

Missing Children



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Megan’s Law: requires sex offenders to register with state law enforcement officials, and this registration is available to the public

AMBER Alerts: allows law enforcement officials to alert the public of a missing or abducted child

Documents

0131389033 ppt12