criminal justice today chapter criminal justice today, 13th edition frank schmalleger copyright ©...

Criminal Justice TodayCriminal Justice Today

CHAPTER

Criminal Justice Today, 13th EditionFrank Schmalleger

Copyright © 2015, © 2013 by Pearson Education, Inc.

All Rights Reserved

BOOK COVER

Juvenile Justice

15

Criminal Justice Today, 13th editionFrank Schmalleger

Copyright © 2015, ©2013 by Pearson Education, Inc.All Rights Reserved

Juvenile Justice SystemJuvenile Justice System

• The aggregate of the government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court



Juvenile Justice SystemJuvenile Justice System

• Delinquency Juvenile conduct or actions in violation of

criminal law Juvenile status offenses Other juvenile misbehavior



History of Juvenile JusticeHistory of Juvenile Justice

• 1800s Conduct was a product of parental

control Parens patriae No distinction between criminal

behavior and delinquency The Enlightenment emphasized human

potential and concern for children's well-being




• The Juvenile Court Era, 1870 Massachusetts was the first state to

enact laws requiring separate hearings for juveniles

The Illinois Juvenile Court Act of 1899 became the model for juvenile court statutes• “Delinquent” instead of “Criminal”• Reformation over RetributionJohnson, Introduction to the Juvenile Justice System, p. 3.13 Fox, “Juvenile Justice Reform,” p. 47.




• 1938: The federal government passed the Juvenile Court Act

• 1945: All states had enacted special legislation focusing on the handling of juveniles

Fox, “Juvenile Justice Reform,” p. 5.



Philosophical PrinciplesPhilosophical Principles

• The state is the “ultimate parent”• Children are worth saving with nonpunitive

procedures• Children should be nurtured and protected

from being stigmatized• Justice and reformation need to be

individualized• Noncriminal procedures are necessary in

order to help the childPrinciples adapted from Robert G. Caldwell, “The Juvenile Court: Its Development and Some Major Problems,” in Rose

Giallombardo, ed., Juvenile Delinquency: A Book of Readings (New York: John Wiley, 1966), p. 358.



Categories of ChildrenCategories of Children

• Delinquent child A child who violates criminal laws

• Undisciplined child A child who is beyond parental control

and refuses to obey any type of authority

• Dependent child A child who has no parents or guardians

to care for him or her



Categories of ChildrenCategories of Children

• Neglected child A child who does not receive proper care

from his or her parent(s) or guardian

• Abused child A child who suffers physical, emotional, or

sexual abuse from a parent or guardian

• Status offender A child who violates laws written for

children (truancy, running away, vagrancy)



Institutions and Issues Related to Institutions and Issues Related to Juvenile DelinquencyJuvenile Delinquency

• Schools• Poverty• Family• Neighborhoods



OJJDP OverviewOJJDP Overview

• About one million juveniles are arrested annually

• Rates of violent crime by juveniles are decreasing

• Younger juveniles comprise a large portion of arrests and court caseload

• Relative to male rates, female rates have grown substantially

H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), http://ojjdp.ncjrs.org/ojstatbb/ezaucr (accessed November 11, 2012).



OJJDP OverviewOJJDP Overview

• Greater percentages of females than males are in placement for status offenses and assaults

• Both sexes usually have problems at home and school that put them at risk

• Minority juveniles are greatly overrepresented in custody

• Crowding is a serious problem in juvenile facilities

H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), http://ojjdp.ncjrs.org/ojstatbb/ezaucr (accessed November 11, 2012).



The Legal EnvironmentThe Legal Environment

• Throughout the first half of the twentieth century, the U.S. Supreme Court followed a hands-off approach to juvenile justice, much like its early approach to prisons

• After many landmark cases starting in the late 1960s, juveniles are now guaranteed many of the same procedural rights as adults



Supreme Court Cases Related to Supreme Court Cases Related to Juvenile JusticeJuvenile Justice

• Kent v. United States (1966) • In re Gault (1967) • In re Winship (1970)• McKeiver v. Pennsylvania (1971)• Schall v. Martin (1984)• Roper v. Simmons (2005) • Graham v. Florida (2010)



Court JurisdictionCourt Jurisdiction

• Exclusive jurisdiction When the juvenile court is the only court

that has statutory authority to deal with children for specified infractions

• Original jurisdiction An offense must originate with juvenile

court authorities

• Concurrent jurisdiction Other courts have equal statutory authority

to originate proceedingsNational Center for Juvenile Justice, “State Juvenile Justice Profiles,” http://www.ncjj.org/stateprofiles (accessed August 10,

2011).



Adult and Juvenile Justice System Adult and Juvenile Justice System TerminologyTerminology

Procedure Juvenile Adult

Act Delinquency Crime

Apprehension Custody Petition Arrest Indictment

Preadjudication DetentionAgree to Finding

Deny Petition

JailPlead Guilty

Plead not Guilty

Adjudication Adjudicatory Hearing

AdjudicatedDelinquent

TrialConvictedCriminal

Corrections DispositionCommitment

SentenceIncarceration



Juvenile Justice System PhilosophyJuvenile Justice System Philosophy

• Reduced concern with legal issues of guilt or innocence

• Emphasis on the child’s best interests• Privacy and protection from public scrutiny

Sealed records• Use of social science in dispositional

decisions rather than sentencing by a perceived need for punishment

• Separate facilities for juvenilesAdapted from Peter Greenwood, Juvenile Offenders, National Institute of Justice Crime File Series Study Guide (Washington, DC: NIJ,

n.d.).



Delinquency CasesDelinquency Cases

• Intake Detention hearing Preliminary hearing Transfer hearings

• Adjudication hearing• Disposition hearing

Juvenile disposition



The Processing of Youthful The Processing of Youthful OffendersOffenders

• Different from that of the adult system Juveniles who commit violent crimes

more accountable for their actions

• Blended sentence A juvenile court disposition that imposes

both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent

See Cheryl Andrews and Lynn Marble, “Changes to OJJDP’s Juvenile Accountability Program,” Juvenile Justice Bulletin

Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2003). Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and Victims: 2006 National Report (Washington, DC: Office of

Juvenile Justice and Delinquency Prevention, 2006).



Characteristics of Juveniles in Characteristics of Juveniles in ConfinementConfinement

• 87.8% male• 41.1% black, 34.8% white, 21.1%

Hispanic• 4% in confinement for status offenses• 61% in residential facilities for serious

personal or property offense• 1.3% charged with homicide

M. Sickmund, T. J. Sladky, W. Kang, and C. Puzzanchera, “Easy Access to the Census of Juveniles in Residential Placement,” 2011, http://www.ojjdp.gov/ojstatbb/ezacjrp/



Significant Developments 1990-Significant Developments 1990-20052005

• Transfer provisions• Sentencing authority• Confidentiality changes• Victims’ rights• Correctional programming

Snyder and Sickmund, Juvenile Offenders and Victims: 2006 National Report, pp. 96–97.



Bullying in SchoolsBullying in Schools

• Preventing school violence has become an important goal

• New laws are being created to protect students and require school administrators, teachers, and staff to document and report incidents to the proper authorities

• Bullying is “sufficiently severe, persistent or pervasive that it creates a hostile environment” that “deprives a student of substantial educational opportunities”

“Schools, Parents Try to Keep Pace with Cyber-bullying Tactics,” Baltimore Sun, April 22 2012, http://articles.baltimoresun.com/2012-04-22/news/bs-md-ho-cyberreader-20120422_1_cyber-bullying-anti-bullying-laws-rutgers-university-freshman; “Analysis of State Bullying Laws and Policies,” U.S. Department of Education, December 2011, http://www2.ed.gov/rschstat/eval/bullying/state-bullying-laws/state-bullying-laws.pdf; and “Law Firmer against Bullies,” Atlanta Journal-Constitution, N ovember 20, 2010, http://www.ajc.com/news/atlanta/law-firmer-against-bullies-748057.html.

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