Chapter 12: Juvenile Justice

 

Juvenile: A person not yet of legal age. In ¾ of the states, legal age is 18.

 

Juvenile delinquency: Illegal behavior by a person statutorily deemed a juvenile.

 

 

History/Philosophical Changes

 

The treatment of children in the United States can be traced to the philosophy of the English.

 

1800s and Before:

 

·        A child under the age of seven was considered incapable of forming the intent required for criminal prosecutions. A child between the ages of seven and fourteen years was presumed to be incapable of forming the intent, but that presumption could be refuted. A child over fourteen was treated as an adult. Children were not exempt from the death penalty.

 

·        Chancery Courts were established for the purpose of avoiding the harshness of the strict technicalities of the English common law. Equity courts were to decide cases on the principles of justice and fairness. These courts were called chancery courts because they were under the jurisdiction of the king's chancellor. Equity courts had jurisdiction over many types of cases, including those involving children.

 

·        Poor children that were homeless and wayward were placed in servitude as indentured servants. The well-to-do delinquent children were handled differently, usually with the state or ruler intervening.

 

Late 1800 to Mid 1900:

 

·        The system/philosophy of parens patriae developed.

Parens patriae is the philosophy that the state should act in best interest of the child. Result- cases generally handled informally with little need for due process. Treatment, rather that punishment, was the focus. Court acted as a social welfare agency. Children were placed in reform schools or camps.

·        Late 1800s, reformers (“child savers”) lobbied for separation of juvenile-adult offenders and how they were handled. Child savers worked to develop organizations that would assist the poor and disadvantaged youth. Their main focus seemed to be to get the government involved.

·        1899- First comprehensive juvenile court in Illinois.

·        See Spotlight 12-1 (page 312) for historical contrasts between adult and juvenile court.

 

1960s:

 

Critics noted that children were often sentenced to lengthy incarceration without adequate procedural safeguards, such as counsel.

 

·        Kent v. United States (1966): Supreme Court established procedural requirements for transferring juveniles to adult court. Court held juveniles courts wishing to transfer juveniles to adult court must consider-

o       Seriousness of offense

o       Safety of the community

o       Whether crime was against persons or property

o       Maturity of the juvenile

o       Record/history of the juvenile

·        In re Gault (1967): U. S. Supreme Court granted procedural and due process rights to juveniles at trial. Rights include-

o       Notice of charges

o       Right to counsel

o       Right to cross-examine and produce witnesses

o       Right against self incrimination

 

Other issues decided by Court-

·        Proof beyond a reasonable doubt is the standard of proof required in a criminal case against a juvenile

·        Trial by jury is not required

·        Juvenile cannot be adjudicated in both juvenile and adult court (double jeopardy)

·        Press can print names and photographs of juveniles obtained by sources other than juvenile court

·        Juveniles may not be punished more harshly than adults for same offense

 

By 1970s, there was a movement to divert juveniles from the criminal justice program, altogether.  However, the result was that violent juvenile offenders were remaining on the streets to commit other violent crimes while in community based treatment programs.

 

Today, many states are strengthening laws involving juvenile violence (e.g., by trying some juveniles as adults in serious or repeat offender cases.) Many calling for use of:

·        Balanced and Restorative Justice Model: New model of juvenile justice that focuses on victim restoration, improving offender abilities, and protecting the public.

 

Status Offenses

 

Status offender: Juvenile that violates a law pertaining to juvenile behavior that normally would not be an offense if committed by an adult. 

 

Examples of status offense:

 

Truancy:

 

KRS 159.150 Definitions of truant, habitual truant and being tardy -- Adoption of truancy policies by local school boards.

Any child who has been absent from school without valid excuse for three (3) or more days, or tardy without valid excuse on three (3) or more days, is a truant. Any child who has been reported as a truant three (3) or more times is an habitual truant. Being absent for less than half of a school day shall be regarded as being tardy. A local board of education may adopt reasonable policies that:

(1) Require students to comply with compulsory attendance laws;

(2) Require truants and habitual truants to make up unexcused absences; and

(3) Impose sanctions for noncompliance.

 

Curfew violations:

 

Paducah City Ordinance. Section 66-197. Regulations.

 

a.       It shall be unlawful for any minor to be or remain in or upon any public place in the city during the curfew hours.

b.      It shall be unlawful for any parent or guardian having legal custody of a minor to allow that minor to be or remain in or upon a public assembly, building, place, street or highway in the city under circumstances except as enumerated in section 66-199 during curfew hours.

c.       It shall be unlawful for the owner, operator, or employee of any establishment to allow a minor to be or remain in or upon their premises under circumstances except as enumerated in section 66-199 during curfew hours

 

Factors Commonly Associated with Delinquency/Recidivism

 

·        Drug use ·        Animal abuse (violent crimes) ·        Lack of discipline in home life ·        Brutality in home life ·        Low economic status ·        Prior arrests/commitments

·        Physically or sexually abused ·        Single parent family ·        Do not use leisure time effectively ·        Delinquent peers ·        Low IQ scores

 

Statistics:

 

·        6-8% of male juveniles commit 60% of serious offenses committed by juveniles

·        By third arrest- juvenile most likely to continue life of crime

·        Juveniles comprise 27.5% of those arrested for Index Crimes

·        Juveniles comprise 15.9% of those arrested for violent crime

·        Juveniles comprise 32% of those arrested for property crimes

 

Juvenile Procedures

 

Funnel effect- for very 1000 in contact with police-

·        100 arrested

·        50 referred to court

·        25 prosecuted

·        12 go to court

·        1 sentenced to a state facility (others probated)

 

Juvenile Court Act (1968) - Guidelines for dealing with juveniles-

·        Juveniles are detained, not arrested

·        Are not placed in adult facilities

·        May be fingerprinted for serious crimes

·        Should not be photographed after being taken into custody

 

KRS 610.200 establishes procedure for police when arresting juveniles:

 

When a peace officer has taken or received a child into custody on a charge of committing an offense, the officer shall immediately inform the child of his constitutional rights and afford him the protections required thereunder, notify the parent, or if the child is committed, the Department of Juvenile Justice or the cabinet, as appropriate, and if the parent is not available, then a relative, guardian, or person exercising custodial control or supervision of the child, that the child has been taken into custody, give an account of specific charges against the child, including the specific statute alleged to have been violated, and the reasons for taking the child into custody.

 

Judicial Waiver

 

Judicial waiver- process where juvenile court waives its authority over a juvenile to an adult court (also called certification, remand, bind over)

 

Statutory exclusion- laws excluding some juveniles from juvenile court jurisdiction (e.g., murder in New Mexico)

 

In Kentucky (KRS 610.010): “If the District Court determines probable cause exists, the court shall consider the following factors before determining whether the child's case shall be transferred to the Circuit Court:

1. The seriousness of the alleged offense;

2. Whether the offense was against persons or property, with greater weight being given to offenses against persons;

3. The maturity of the child as determined by his environment;

4. The child's prior record;

5. The best interest of the child and community;

6. The prospects of adequate protection of the public;

7. The likelihood of reasonable rehabilitation of the child by the use of procedures, services, and facilities currently available to the juvenile justice system; and

8. Evidence of a child's participation in a gang”

 

Juvenile Corrections

 

Types of Juvenile Correctional Facilities:

·        Training schools

·        Boot camps

·        Group Homes

 

Dissatisfaction with institutionalizing juveniles has lead to a movement toward “deinstitutionalization” through:

·        More probation

·        Diversion

·        Community corrections

 

Capital Punishment:

·        70 juveniles on death row (1/2000)

·        Thompson vs. Oklahoma (1985): Supreme Court banned the execution of persons committing crimes when under the age of 16 and held it was a violation of the 8^th Amendment protection against cruel and unusual punishment.