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									Juvenile Delinquency

  Professor Dawn Brown
 Unit 8/The Juvenile Court Process
• This unit examines the juvenile court process,
  including the pretrial phase, waiver to criminal
  court, trial, and sentencing. Key issues of this
  process that will be covered include
  detention, intake, diversion, pretrial release,
  plea bargaining, and waiver. This unit will also
  address major Supreme Court decisions that
  have shaped the juvenile justice process.
  What you should learn in this unit?
• The roles and responsibilities of the primary
  participants in the juvenile court
• The key issues of the pre-adjudicatory stage of
  the juvenile system
• The rationales for waiving youths to criminal
• About the reasons for confidentiality in
  juvenile proceedings and the privacy of
  juvenile records
  Chapter 13: Juvenile Court Process:
    Pretrial, Trial, and Sentencing
• This chapter begins with an overview of the
  people involved in the juvenile courtroom,
  including defense attorneys, prosecutors and
  judges. The juvenile court process is then
  presented. Many decisions about what
  happens to a child occur prior to adjudication.
  Key issues include detention, intake, diversion,
  pretrial release, plea bargaining, and waiver. A
  discussion of the transfer of juveniles to adult
  court is examined in detail.
  Chapter 13: Juvenile Court Process:
    Pretrial, Trial, and Sentencing
• The chapter then provides an overview of the juvenile
  court trial process. The constitutional rights afforded to
  juveniles are presented, with a discussion of key
  Supreme Court cases that have impacted juvenile
  justice, such as In re Gault and Roper v Simmons. The
  major categories of dispositional choice in juvenile
  cases are covered, including community release, out-
  of-home placements, fines or restitution, community
  service, and institutionalization. The chapter concludes
  with an overview of other important issues including
  sentencing structures, the Death Penalty, the appellate
  process and confidentiality.
              Key Terminology
• Diversion
• Diversion is "an attempt to divert, or channel out, youthful
  offenders from the juvenile justice system" (Bynum and
  Thompson, 1996:430). The concept of diversion is based on
  the theory that processing certain youth through the
  juvenile justice system may do more harm than good
  (Lundman, 1993). The basis of the diversion argument is
  that courts may inadvertently stigmatize some youth for
  having committed relatively petty acts that might best be
  handled outside the formal system. In part, diversion
  programs are also designed to ameliorate the problem of
  overburdened juvenile courts and overcrowded corrections
  institutions (including detention facilities), so that courts
  and institutions can focus on more serious offenders.
• http://www.ncjrs.gov/html/ojjdp/9909-3/div.html
           Key Terminology
• Widening the Net
                  Widening the Net
• Broken link:
• Some fear that restorative programmes could result in sanctions
  imposed on people (especially youth) who would have "simply been
  left alone if [restorative] sanctions did not exist" (Walgrave, 1992 at
  348). Restorative justice may widen the net of social control by
  receiving cases that the formal court-system would not have
  received, or by imposing sanctions not utilized by the formal justice
  system (Hudson and Galaway, 1996 at 12-13). The use of informal
  processes and community service sanctions gives rise to a new
  professionalism, expanding the sphere of social intervention
  (Walgrave, 1992 at 348).
• http://www.restorativejustice.org/university-
            Key Terminology
• Judicial Wavers
                     Judicial Waveres
• “Jurisdictional waiver constitutes a type of sentencing decision. Transfer of
  juvenile offenders for adult prosecution provides the nexus between the
  more deterministic and rehabilitative premises of the juvenile court and
  the free will and punishment assumptions of the adult criminal justice
  system. Mechanisms to prosecute some juveniles as adults provide a
  safety valve that permit the expiatory sacrifice of some youths, quiet
  political and public clamor about serious youth crime, and enable
  legislators to avoid otherwise irresistible pressures to lower further the
  maximum age of juvenile court jurisdiction. Waiver laws attempt to
  resolve fundamental crime control issues, reconcile the conflicted
  impulses engendered when the child is a criminal and the criminal is a
  child, and harmonize cultural contradictions between adolescent
  immaturity and criminal responsibility.”
• http://law.jrank.org/pages/1535/Juveniles-in-Adult-System.html
           Key Terminology
• Due Process
                   Due Process
• “In re Gault, 387 U.S. 1 (1967), was a landmark U.S.
  Supreme Court decision which established that under
  the Fourteenth Amendment, juveniles accused of
  crimes in a delinquency proceeding must be accorded
  many of the same due process rights as adults such as
  the right to timely notification of charges, the right to
  confront witnesses, the right against self-incrimination,
  and the right to counsel. The court's opinion was
  written by Justice Abe Fortas, a noted proponent of
  children's rights.”
• http://en.wikipedia.org/wiki/In_re_Gault
             Key Terminology
• Confidentiality in Juvenile Proceedings
Confidentiality in Juvenile Proceedings
• “Until recently, State laws and judicial norms were
  established with the understanding that the preservation of
  the privacy of juveniles adjudicated in the juvenile court is a
  critical component of the youth's rehabilitation. Today,
  however, in the face of increasing public concerns over
  juvenile crime and violence, government agencies, school
  officials, the public, and victims are seeking more
  information about juvenile offenders. An increasing
  number of States are responding to this need by allowing
  public access to and victim participation in juvenile
  proceedings, broadening access to juvenile records,
  fingerprinting and photographing delinquent youth, and
  altering expungement laws for juvenile records. “
• http://ojjdp.ncjrs.gov/PUBS/reform/ch2_i.html
           5 Minute Question
• How does the terminology used in the juvenile
  court reflect its philosophy?
           5 Minute Question
• Each year, thousands of youths are transferred
  to criminal court because of the seriousness of
  their crimes. What factors are considered in
  the waiver process? What are the
  consequences to the child and society?
            5 Minute Question
• Should juveniles have the right to a jury trial?

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