Juvenile Justice

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					Juvenile Justice: Unit Two

  Larned Juvenile Facility
       Who is a Juvenile?
   A person not yet considered an adult for the
    purposes of determining either criminal or civil
   A minor
   Before the establishment of juvenile courts,
    children under the age of 7 were never held
    responsible for criminal acts
   Also assumed that between ages 7-14,
    children were incapable of committing a
    criminal act
   Children over 14 could be charged as an adult
   Who is a Juvenile?
 Juveniles  charged with serious
  felonies- robbery, assault, rape,
  murder- can be tried as an adult
 Certain conditions sometimes
  automatically transfer status
 Judges can determine status
 Prosecutors can determine status
     Who is a Juvenile?
 Today,   almost all states have age
  limits to determine whether a
  person accused of a crime will be
  handled in a juvenile or adult court
 Most states - <18
 You Be the Judge

        p. 190 Street Law
Read: Determining Juvenile Status
with a partner and write down your
     History of the Juvenile
 mid-19th  century reformers began to
  argue that the failure of the family
  was the cause of delinquent
 Parents failed to teach their children
  proper values and respect for
 Prior to the 1900’s children were
  sent through the adult system
    History of the Juvenile
 Separate juvenile court system
  established to assume the responsibility
  that had been the parents’ job
 Courts then shifted to being called
  “Child Saver Reforms”
   – Designed to rehabilitate and keep
   – Learn community/moralistic values
History of the Juvenile system
 First juvenile court set up in Cook
  County, Illinois in 1899
 Court to be informal – act as a parent or
  guardian for the child
 Parens patriae (parent of the country)-
  right of the state to intervene in the life
  of a child
 court allowed to do whatever was
  necessary to help the child
History of the Juvenile system

 Hearings   were closed to the public
  so identity would be private
 Used different terms from adult
          Term Comparison
     Juvenile                     Adult

   Offense                   Crime
   Taken into custody        Arrest
   Petition                  File charges
   Denial                    Not guilty plea
   Admission                 Guilty plea
   Adjudicatory hearing      Trial
   Found delinquent          Found guilty
   Detention                 Jail
   Aftercare                 Parole
      (3) Categories of
1.   Delinquent offenders
 –The crimes that were
  committed would have sent
  an adult to jail or prison
Categories continued…

 2.   Status offenders
  – Crimes only associated with being a
    juvenile. Skipping school, running away
    from home, refusing to obey parents,
  – These acts have to be classified beyond
    the parents control.
  – (PIN) – Parents in need or (CHINC) Child
    in Need of Care
  Categories continued…

 3.   Neglected and Abused
  – Children needing protection from parents,
    guardians or siblings
  – Failing to provide adequate food, clothing and
  – Court determines where child should be
  – Parental Responsibility Laws – knowing or
    should know children are selling or using
    drugs…i.e. contributing to the delinquency of a
    minor (more on this later)
 Read Gault Case
       p. 194
Do a., c., d., with a
Gault Case
 Arrest on less than probable cause
 Not informed of Miranda rights
 Could not contact family or
 Not informed of nature of hearing
 Could not confront witness
 Receiving a harsh punishment
   Appeal nearly impossible
 Parents   were informed of the
 Gault given opportunity to
  prove innocence
Rights adults have
 Bail
 Trialby jury
 Right to a trial record for
    Supreme Court rulings on
   Kent v. U.S. stated that if a child was
    going to be waived to adult status
    (moved from the juvenile system to the
    adult system) that they deserved the
    same rights as adults
    – have access to their records
    – an attorney
    – the right to have a lawyer cross-
      examine witnesses
   Supreme Court rulings
 Gault case established basic rights
 for the juvenile p. 194
  –The right to remain silent
  –The right to an attorney
  –The right to confront witnesses
  –The right to be notified of the
   charges against them
   Supreme Court rulings
 McKeiver    v. Pennsylvania (1971)
 Supreme Court decided that jury
  trials were not required in juvenile
  Reforms to the system in
    Kansas since 1995
 Parents  of juvenile offenders
  may be assessed the cost of
  certain services
   –Probation and the time spent at
    a correctional facility, as much
    as $150 a day
 Court can order the entire family
  into counseling
     Reforms continued…

 Parents’ health insurance policies
  may be billed for the juveniles time
  in custody, drug and medical care
 1998 Sentencing Matrix
 This was to stop the random
  sentencing by judges
Parent Responsibility Laws
 Parent responsibility laws are
  sweeping the U.S. because people
  want parents to be held responsible
 Knowing or should know that your
  kid is selling or using drugs
 Pro: makes parents accountable for
  raising their children
 Con: any kid can hide certain
  activities from parents
     Host Law:
KS House Bill No. 2319
     Juvenile Investigations

   Confessions: Miranda rights apply the
    same for juveniles as adults
    – Under 14 must have parent or a lawyer
      present to waive (deny) Miranda rights
   Investigations: School officials only
    need “reasonable suspicion” to conduct
    searches on lockers, purses and
“You have the right to remain silent;
anything you do or say can be used
against you in a court of law; you have
a right to consult a lawyer and/or have
the lawyer present during questioning;
if you can’t afford a lawyer, one will be
provided for you; and should you
choose to talk to a lawyer, you have the
right to stop the interview at any time.”
           Court Procedures

 Complaint: information found in the
  police report.
 Statute of limitations: generally, the
  case must be filed within two years of the
    – EXCEPTIONS: extension of five years for
      felony sex crimes when the victim is less
      than 16 years old. Murder has NO statute of
Court Procedures cont…

   Jurisdiction: the time the court has control
    over the juvenile is up to 22 ½ years of age,
    has been discharged from the court, or is
    released from juvenile correctional facility
   District Attorney (DA): files against all
    juveniles from 10yrs. old to 17yrs.
    – Exceptions: Traffic offenses, smoking
      tickets, hunting/fishing offenses go through
      local courts
Court Procedures cont…

   Hearings: open to public unless the
    court rules otherwise.
    – Closed for sex offenses. Jury trials not
      usually granted.
    – Adjudication: hearing and settling a case,
      not a conviction of a crime
   Sentencing: diversions, probation,
    treatment plans or house arrest.
    – Expunge record 2 years after successfully
      completing program.
    Court Procedures cont…

 Waivers: moving a juvenile to adult
     – Min. age 10 in Johnson County
     – District Attorney requests the waiver
      (Factors they consider: priors, seriousness of
      the offense and their maturity)
   Presumption Waiver: automatic waiver
    no hearing or request
    – Serious person felonies, 2nd drug felony
      or possession of a firearm while
      committing a felony
Trials and Procedures

 Juveniles have the right to a jury trial
  and other rights of the adult system
 Burden of proof is placed on the state
  (they must prove guilt)
 Judge will determine the sentence the
  offender will receive.
          Question of the Day

   Is the death penalty cruel and unusual?
             8 th   Amendment

   Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel and
    unusual punishments inflicted
            Cruel and Unusual

   Guidelines set by the Supreme Court
    – Punishment must not involve the
      unnecessary infliction of pain
    – The punishment must not be grossly out of
      proportion to the severity of the crime
       • Examples: Dragging a person to their
         execution, disemboweling, beheading,
         dissecting, or burning alive
        Solem v. Helm 1983

 Helm was sentenced to prison for life
  without parole for pleading guilty to
  writing a check for $100, knowing he did
  not have the money in his account
 7th Felony conviction
                   Death Penalty

 Furman v. Georgia 1972, the Supreme Court
  ruled that the death penalty in its present
  form was cruel and unusual
 Arguments:
    –   Death penalty is used primarily against minorities
    –   Wealthy are never executed
    –   Death penalty is a denial of a person’s humanity
    –   Death penalty is morally wrong
    –   Prison is more effective means of retribution
           Georgia v. Furman

   Arguments in Favor of death penalty
    – Used throughout history
    – Legislature not courts should decide
    – Proper retribution
    – It is a deterrent
    – Founding Fathers did not oppose it
         Gregg v. Georgia 1976
 Court ruled that the death penalty was not in
  itself cruel and unusual
 8th and 14th Amendments did not bar the
  death penalty
 Georgia’s new procedure for imposing the
  death penalty made it acceptable
    – Trial to see if the death penalty should be imposed
    – Defendant’s past record
    – The way that the killing was carried out
              Death Penalty

   So… Is the death penalty cruel and
    unusual punishment?
Justices reject Death Penalty for
Child Rapists
 What was the majority’s overriding
 What are the exceptions?
 What states had the death penalty for
  child rapists?
 What arguments were used in

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