Law, Justice, and Society:A Sociolegal Introduction

Chapter 8Juvenile Justice

Juvenile Justice

Civil lawDelinquents versus status offendersDelinquents—“to leave undone”

reflects rehabilitative nature

What Is Juvenile Delinquency?

Juvenile Justice

Juveniles commit a disproportionate percentage of the FBI’s UCR Part 1 index crimes

Youths under 18 account for 13 percent of arrests for violent crime

Youths under 18 are only about 6 percent of the American population

Individuals who do not engage in some form of antisocial behavior are statistically abnormal

The Extent of Delinquency

Juvenile Justice

The Extent of Delinquency

Juvenile Justice

Developmental Factors and Juvenile Delinquency•New York Academy of Sciences, four key messages in 2003:1. Much of the behavior characterizing adolescence is rooted in biology intermingling with environmental influences to cause teens to conflict with their parents, take more risks, and experience wide swings in emotion.2. The lack of synchrony between a physically mature body and a still maturing nervous system may explain these behaviors.3. Adolescents' sensitivities to rewards appear to be different than in adults, prompting them to seek higher levels of novelty and stimulation to achieve the same feeling of pleasure. 4. With the right dose of guidance and understanding, adolescence can be a relatively smooth transition.

Juvenile Justice

Puberty is followed by a 10-to-20-fold rise in testosterone

Testosterone linked to aggressionAdolescent brain is immature and

this is reflected in common behavior

Biological Factors

Juvenile Justice

Almost all juveniles commit antisocial acts (esp. males) Only a small percent (about 15 percent) continuing

committing crimes Adolescent limited versus life-course persistents Across history and culture, juvenile delinquency

widespread Individuals (especially males) who do not engage in

some form of antisocial behavior are statistically

abnormal (Moffitt and Walsh 2003)

Developmental Factors and Juvenile Delinquency

Juvenile Justice

Branch of civil lawYoung children considered to be propertyThe idea of not assigning culpability to

young children is relatively new common law, age 7

History and Philosophy of Juvenile Justice

Juvenile Justice

Early Rome, Children considered property of father patria potestas

Fourth-century Rome, Father’s power was limited paterna pietas

Middle Ages, children under 7 were not responsible special status for children 7-14 14 cut-off age for adulthood (marry-able)

History and Philosophy of Juvenile Justice

Juvenile Justice

Thirteenth century, courts adopted parens patriae

Gave king the right to intercede and act in the best interest of the child

State and not parents had authority over children binding out vagrancy and laziness laws brideswells

Institutional Control

Juvenile Justice

British youth were sent to the colonies as indentured students

Juveniles arrested were placed in jails with adults

Society for the Prevention of Pauperism primary causes of criminal behavior were economic give children food, shelter, and vocational training New York House of Refuge in 1825

Childhood in the United States

Juvenile Justice

Children sent to this facility remained until determined to be rehabilitated

Ex Parte Crouse (1838) parental rights are superseded by the best

interest of the child doctrine

Purpose of House of Refuge was to train and care for children; but acted like Brideswells

Childhood in the United States

Juvenile Justice

Middle class discontent with government corruption and inefficiency

Progressives sought for professionalization of public service

Child Savers began ‘ideological attack’ on the houses of refuge

Believed that juveniles could be molded into better citizens

The Child Savers

Juvenile Justice

Placed children in arms in the western USMotives may have been less than altruisticMany believed the poor to be innately

criminal, poverty sign of personal defects

The Child Savers (cont.)

Juvenile Justice

1899 Cook County, ILEvery state had one by 1945Used civil law, preponderance of the

evidenceJudges given wide latitude Different terms (euphemisms?) than the

adult system

The Beginning of the Juvenile Courts

Juvenile Justice

Arrested = taken into custody Indictment/information = petitions the corutDefendant = respondentArraigned = hearingPlead = admits or denies Jury trial = adjudicatory hearingGuilty = adjudicates respondent delinquent

Terminology

Juvenile Justice

Presentence investigation report = predispositional or social inquiry report

Incarcerated = detainedPrison = training schoolParoled = aftercare

Terminology (cont.)

Juvenile Justice

Waiver to adult criminal courtLose status as minors; are legally culpable

for alleged crimeAge criterion varies from state to stateAlways an option, but only regularly used in

the late 1970sAbout 1.5 percent of juvenile cases are

waived

Juvenile Waiver to Criminal Court

Juvenile Justice

Judicial waiverProsecutorial discretion/direct fileStatutory exclusion/legislative waiverPresumed social benefits have not

materializedDoes not guarantee more punitive

disposition

Juvenile Waiver to Criminal Court

Juvenile Justice

Haley v. Ohio 1948 Fourteenth Amendment prohibits police from

violating due process clause in obtaining confessions from juveniles

illegal confessions are inadmissible in court

Kent v. United States 1966 waiver decision is a critically important stage juveniles have constitutional rights

Extending Due Process to Juveniles

Juvenile Justice

In Re Gault 1967 established five basic due process rights

for adjudication hearings1. Proper notification of charges2. Legal counsel3. Confront witnesses4. Privilege against self-incrimination5. Appellate review

Extending Due Process to Juveniles (cont.)

Juvenile Justice

In Re Winship 1970 beyond a reasonable doubt standard

necessary when incarceration is a possibility

McKeiver v. Pennsylvania 1971 juveniles do not have the right to a jury trial

Breed v. Jones 1975 double jeopardy applies between juvenile and

adult courts

Extending Due Process to Juveniles (cont.)

Juvenile Justice

Schall v. Martin 1977 preventative detention is constitutional

How do these cases both reflect and refute the doctrine of parens patriae?

Extending Due Process to Juveniles (cont.)

Juvenile Justice

1973-2003, 22 juvenile offenders executed in United States

13 of those in TexasFour USSC cases

The Juvenile Death Penalty

Juvenile Justice

Eddings v. Oklahoma 1982 court must consider all mitigating factors

Thompson v. Oklahoma 1988 age of 16

Stanford v. Kentucky 1989 constitutionally permissible to execute

juveniles who committed their crime when they were 16, or 17.

The Juvenile Death Penalty (cont.)

Juvenile Justice

Roper v. Simmons 2005 age of 18 is the new age line Eighth Amendment—cruel and unusual

punishment this case brought amicus curiae (“friend of

the court”) briefs to argue one way or the other

The Juvenile Death Penalty (cont.)

Juvenile Justice

Preceding cases created procedures which mirrored adult courts

Megan’s Law and juvenile sex offenders

Eroding Distinctions Between Adult and Juvenile

Juvenile Justice

What is restorative justice?Compromise between hard punishment and

soft rehabilitationHolds offender accountable while healing

the harm done to the victim and the community

Often involves face to face contact between victim and criminal

Restorative Justice

Juvenile Justice

Balanced Approach - focuses on three equally important components for sanctioning of juveniles

1. Hold juveniles accountable2. Protect the community3. Competency development programs VORPS

very successful (97 percent satisfaction among victims)

Restorative Justice (cont.)