a 12-year-old attacks a woman walking down the street and grabs her purse

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Juvenile Justice Juvenile Justice YouTube - Children Given One Strike: A Lifetime Without R YouTube - Children Given One Strike: A Lifetime Without R edemption (A Penn Law VLA Production) edemption (A Penn Law VLA Production)

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Juvenile Justice YouTube - Children Given One Strike: A Lifetime Without Redemption (A Penn Law VLA Production). A 12-year-old attacks a woman walking down the street and grabs her purse. A 16 year old body does the same thing to another woman on another street. - PowerPoint PPT Presentation

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Page 1: A 12-year-old attacks a woman walking down the street and grabs her purse

Juvenile JusticeJuvenile Justice

YouTube - Children Given One Strike: A Lifetime Without Redemption (A PenYouTube - Children Given One Strike: A Lifetime Without Redemption (A Penn Law VLA Production)n Law VLA Production)

Page 2: A 12-year-old attacks a woman walking down the street and grabs her purse

A 12-year-old attacks a A 12-year-old attacks a woman walking down the woman walking down the street and grabs her pursestreet and grabs her purse

Page 3: A 12-year-old attacks a woman walking down the street and grabs her purse

A 16 year old body does the A 16 year old body does the same thing to another same thing to another woman on another street.woman on another street.

Page 4: A 12-year-old attacks a woman walking down the street and grabs her purse

A 19 year old young man A 19 year old young man attacks a third woman and attacks a third woman and takes her pursetakes her purse

Page 5: A 12-year-old attacks a woman walking down the street and grabs her purse

The police arrest all three.The police arrest all three.

Do their ages make a difference in what Do their ages make a difference in what happens to them following arrest?happens to them following arrest?

Page 6: A 12-year-old attacks a woman walking down the street and grabs her purse

Yes!Yes!

Age determines which institution will Age determines which institution will process these cases and what procedures process these cases and what procedures will govern the processwill govern the process

Page 7: A 12-year-old attacks a woman walking down the street and grabs her purse

Why is this?Why is this?

Page 8: A 12-year-old attacks a woman walking down the street and grabs her purse

There is a different structure for adults and There is a different structure for adults and juveniles.juveniles.

Page 9: A 12-year-old attacks a woman walking down the street and grabs her purse

History of Juvenile LawHistory of Juvenile Law

Page 10: A 12-year-old attacks a woman walking down the street and grabs her purse

1818thth Century Century

Little distinction was made in Little distinction was made in the criminal culpability the criminal culpability (responsibility) of children and (responsibility) of children and adults. Juveniles as young as adults. Juveniles as young as seven could be tried and seven could be tried and sentenced in criminal courts.sentenced in criminal courts.

Page 11: A 12-year-old attacks a woman walking down the street and grabs her purse

Psychologists began to notice the Psychologists began to notice the developmental difference between adults developmental difference between adults and juveniles.and juveniles.

Reformers argued that children should be Reformers argued that children should be removed from adult prisonsremoved from adult prisons

Page 12: A 12-year-old attacks a woman walking down the street and grabs her purse

In 1825 the 1In 1825 the 1stst institution designed for institution designed for juvenile delinquentsjuvenile delinquents Juvenile institutions included a significant Juvenile institutions included a significant

educational and rehabilitative componenteducational and rehabilitative component• ““child savers”child savers”

Page 13: A 12-year-old attacks a woman walking down the street and grabs her purse

1899 first juvenile court was established – 1899 first juvenile court was established – IllinoisIllinois Goal was rehabilitative and not punitive, no Goal was rehabilitative and not punitive, no

due process protectionsdue process protections Judges had a lot of discretion in order to Judges had a lot of discretion in order to

achieve the goal of individualized achieve the goal of individualized rehabilitative justicerehabilitative justice

Page 14: A 12-year-old attacks a woman walking down the street and grabs her purse

1960s – not much rehabilitation going on – 1960s – not much rehabilitation going on – warehoused in institutions; not much warehoused in institutions; not much different from an adult prison.different from an adult prison.

If they were going to be treated as adults If they were going to be treated as adults in the sentencing phase, they should offer in the sentencing phase, they should offer protections that adults get.protections that adults get. Challenged the broad discretion given to Challenged the broad discretion given to

judgesjudges

Page 15: A 12-year-old attacks a woman walking down the street and grabs her purse

Some court cases that helped establish Some court cases that helped establish due process for juvenilesdue process for juveniles Preventative detention - - not giving the option Preventative detention - - not giving the option

of bail was unconstitutionalof bail was unconstitutional Sentencing a juvenile to death is considered Sentencing a juvenile to death is considered

cruel and unusual punishmentcruel and unusual punishment Notifying parents of chargesNotifying parents of charges

• Juveniles get formal hearings, protection against Juveniles get formal hearings, protection against self-incrimination, notice of charges, c-x of self-incrimination, notice of charges, c-x of witnesseswitnesses

Page 16: A 12-year-old attacks a woman walking down the street and grabs her purse

Early 1970sEarly 1970s

Juvenile institutions are attacked as cruel Juvenile institutions are attacked as cruel and unusual punishmentand unusual punishment More preventative and community-based More preventative and community-based

programsprograms• Development of group homes and halfway housesDevelopment of group homes and halfway houses

Page 17: A 12-year-old attacks a woman walking down the street and grabs her purse

This is short-livedThis is short-lived

Conservative “get tough” approach to Conservative “get tough” approach to crimecrime

1990s becomes easier to try kids as adults1990s becomes easier to try kids as adults The system is turning back toward treating The system is turning back toward treating

juvenile offenders like adults.juvenile offenders like adults.

Page 18: A 12-year-old attacks a woman walking down the street and grabs her purse

States struggle with the following States struggle with the following questions:questions: At what age do children understand what they At what age do children understand what they

are doing?are doing? When are children no longer served by the When are children no longer served by the

rehabilitative nature of juvenile courts?rehabilitative nature of juvenile courts? Are programs cost effectiveAre programs cost effective

Page 19: A 12-year-old attacks a woman walking down the street and grabs her purse

Juvenile ServicesJuvenile Services

County Home SchoolsCounty Home Schools Treatment facilities throughout MNTreatment facilities throughout MN

Page 20: A 12-year-old attacks a woman walking down the street and grabs her purse

Juvenile Justice SystemJuvenile Justice System Criminal Justice SystemCriminal Justice System

Limitations are placed on Limitations are placed on public access – avoid public access – avoid stigmatization – court stigmatization – court proceedings are proceedings are confidentialconfidential

***sex offenders******sex offenders***

Open access to criminal Open access to criminal records. All court records. All court proceedings are open to proceedings are open to the publicthe public

At trial -- needs/issues At trial -- needs/issues of juveniles are taken of juveniles are taken into account as are legal into account as are legal factorsfactors

Trial is based solely on Trial is based solely on legal factslegal facts

Page 21: A 12-year-old attacks a woman walking down the street and grabs her purse

Not all states afford Not all states afford juveniles the right to a jury juveniles the right to a jury trial – MN does not unless trial – MN does not unless you are tried as an adult you are tried as an adult (can be certified as young (can be certified as young as 14)as 14)

Guaranteed a jury trialGuaranteed a jury trial

If you are found guilty – If you are found guilty – judged as delinquent – judged as delinquent – offender’s history/severity offender’s history/severity and rehabilitation pieces all and rehabilitation pieces all go into sentencing decisiongo into sentencing decision

Judged guilty/not guilty. If Judged guilty/not guilty. If guilty, sentencing based on guilty, sentencing based on history and severity of history and severity of crime.crime.

Parole – surveillance and Parole – surveillance and activities to reintegrate the activities to reintegrate the juvenile into the communityjuvenile into the community

Parole is based on Parole is based on surveillance and monitoring surveillance and monitoring of illegal behaviorof illegal behavior