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Criminal Justice - The Juvenile Justice System

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    Study Guide Criminal Jus Ɵ ce – The Juvenile Jus Ɵ ce System 1. A Separate Jus Ɵ ce System for Juveniles In the United States, juveniles and adults are treated differently under the law. This idea is based on the belief that young people are still developing and should not be handled in the same way as adults. Because of this, a separate juvenile justice system exists. In 1994 alone, more than 2.7 million people under the age of 18 were arrested . Most of these arrests were for nonviolent offenses . Only about 5 percent involved status offenses , such as truancy, running away from home, or breaking curfew. 1.1 . Juvenile Court Jurisdic Ɵ on Juvenile courts handle cases involving three main groups of young people: 1. Delinquents These are youths who commit acts that would be considered crimes if an adult committed them. This includes both misdemeanors and felonies . 2. Status O ff enders These youths commit behaviors that are not crimes for adults , such as: • Skipping school (truancy) • Running away from home • Curfew violations 3. Dependent and Neglected Children These youths are not accused of crimes but are in need of care, protection, or supervision because of neglect, abuse, or lack of support at home.

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    Study Guide Across the country, about 75 percent of juvenile court cases are delinquency cases , totaling around 1.5 million cases each year . About 60 percent of these involve property crimes . Status offenses also make up a large number of juvenile court cases. 1.2 Age Limits in the Juvenile Jus Ɵ ce System Age is the key factor that separates juvenile court from adult criminal court. • Under common law , the minimum age for criminal responsibility is 7 years old . • The maximum age is when a person is legally considered an adult and no longer under juvenile court authority. • Most states set this maximum age at 17 or younger , though laws vary by state. 1.3 Police Discre Ɵ on with Juveniles Police officers have a great deal of discretion when dealing with juvenile offenders. This means they can choose how to respond based on the situation. Their options include: • Releasing the youth with a warning • Releasing the youth and filing a report • Taking the youth to the police station and referring them to a community youth - services agency • Referring the youth to juvenile court intake without detention • Referring the youth to juvenile court intake with detention Although more than 70 percent of arrested juveniles are referred to court , many police interactions are handled informally and never officially recorded. For minor offenses like curfew violations or running away, police may simply warn the youth or contact their parents. Sometimes, police refer youths to social - service agencies instead of court. This is called diversion . Diversion keeps juveniles out of the justice system and helps them avoid being labeled as “delinquent,” which can have long - term negative effects. The most important factor in police decision - making is the seriousness of the offense . However, studies show that nonlegal factors — such as the youth’s race, social class, gender, and even how respectful or cooperative they seem — can also influence decisions.

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    Study Guide 1.4 Criminal Procedure and Juveniles Juveniles have some of the same protections as adults during police investigations: • Police must give Miranda warnings before custodial questioning. • Regarding searches, the U.S. Supreme Court has ruled that school officials may conduct warrantless searches of students or lockers if they have reasonable suspicion that school rules or laws are being violated. 1.5 Deten Ɵ on of Juveniles When a youth is referred to juvenile court, they may be detained or released. Detention means temporarily holding a juvenile while their case is pending. Most states require a detention hearing before a judge decides whether to: • Release the youth to their parents, or • Keep the youth in custody Juveniles are detained for several reasons: • To ensure they appear in court • Because there is no adequate parental supervision • To prevent self - harm or further crimes (preventive detention) • As a form of punishment Each year, about 500,000 juveniles are detained , and about two - thirds are waiting for their cases to be decided. 1.6 Condi Ɵ ons in Deten Ɵ on Facili Ɵ es Overcrowding is common in juvenile detention centers, and conditions are often poor. Reports of abuse are frequent. One extreme example occurred in New York City in 1998 , when overcrowding forced officials to detain boys as young as 10 years old on a barge in the East River . Critics argued that the setup

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    Study Guide made it hard to separate newly arrested youths from convicted offenders, creating serious safety risks. Many experts agree that many detained youths could safely be supervised in the community instead of being locked up. 1.7 Juveniles in Adult Jails Some juveniles are still held in adult jails , which is widely seen as unfair and harmful. Mixing juveniles with adults exposes young offenders to criminogenic influences , meaning influences that increase the likelihood of criminal behavior. To address this, the Juvenile Justice and Juvenile Delinquency Prevention Act (1974) requires: • The removal of status offenders from the juvenile justice system • The separation of juveniles from adult inmates These two goals are independent but equally important. Unlike adults, juveniles usually do not have the right to bail . Instead, they must be released to parents or guardians, who are legally responsible for them. 1.8 Intake: Deciding What Happens Next If police formally refer a case to juvenile court, it goes to an intake unit , where a probation officer reviews it. The intake officer decides whether to file a petition , which officially starts court proceedings. To do this, the officer must determine whether there is probable cause that the youth committed the offense. Key factors in this decision include: • The seriousness of the current offense • The youth’s prior record If no petition is filed, the officer may: • Dismiss the case • Place the youth on informal probation

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    Study Guide • Refer the youth to a community agency Under informal probation, the youth must follow certain rules. If they break those rules, the case can be reopened and sent to court. Each year, between 500,000 and 1 million cases result in a filed petition. 1.9 Cer Ɵfi ca Ɵ on: Moving Juveniles to Adult Court Some juveniles are transferred to adult criminal court through a process called certification or waiver of jurisdiction . In 1994, more than 12,000 juvenile cases were transferred this way. Typically, this applies to youths aged 16 or 17 , depending on state law. • Some states allow waivers regardless of offense • Others allow waivers only for felonies Once waived, juveniles lose the protections of juvenile court and face much harsher penalties. In Stanford v. Kentucky (1989) , the Supreme Court ruled that the death penalty could be imposed for crimes committed by juveniles as young as 16 (note: later rulings would further limit this, but this reflects the law at the time discussed). 1.10 Adjudica Ɵ on in Juvenile Court An adjudication hearing is similar to a trial. A judge decides whether there is proof beyond a reasonable doubt that the youth is delinquent. Juveniles have several important rights, including: • Notice of charges • The right to an attorney • The right to confront and cross - examine witnesses • Protection against self - incrimination However, juveniles do not have the right to a jury trial , and hearsay evidence is more easily admitted than in adult court.

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    Study Guide Juvenile hearings are usually closed and informal , unlike adult trials. The system is based on parens patriae , meaning the state acts as a parent. Supporters argue this protects youths, but critics note that it also limits constitutional protections. 1.11 Disposi Ɵ on: Deciding the Outcome If a youth is found delinquent, the court holds a disposition hearing , similar to sentencing in adult court. Judges may: • Place the youth on probation • Order placement in a correctional institution In about half of the states , judges can order indefinite confinement until the youth reaches adulthood. More than 80 percent of adjudicated youths receive probation , and over 500,000 youths are on probation at any given time. Judges may also use community - based options like halfway houses or foster homes . 1.12 Ins Ɵ tu Ɵ onaliza Ɵ on of Juveniles In 1998, more than 100,000 juveniles were held in correctional institutions. These include: • State training schools • Ranches • Private residential treatment facilities • Juvenile prisons Training schools exist in nearly every state and mainly house serious offenders. Some states use juvenile prisons for violent youths. Although only 5 percent of juvenile prisons are privately operated, these facilities have raised serious concerns. Investigations in Colorado, Louisiana, and Georgia uncovered abuse, neglect, lack of education, and poor mental health care.

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    Study Guide Because juveniles are supposed to be rehabilitated — not punished — courts require higher standards in juvenile facilities than adult prisons. These standards include better education, medical care, and supervision. Critics argue that private prisons often cut corners to increase profits. 1.13 A Ō er Ins Ɵ tu Ɵ onaliza Ɵ on: Parole and A Ō ercare After release, many juveniles are placed on parole , where they are supervised by a parole officer in the community. Parole can be revoked, sending the youth back to an institution. Juvenile parolees do not have due process rights in parole revocation hearings. Aftercare programs often include: • Electronic monitoring • Counseling and treatment • Education and job training • Intensive supervision These programs aim to help youths successfully return to society and avoid reoffending. 2. Minori Ɵ es in the Juvenile Jus Ɵ ce System Across the United States, there is serious concern about the overrepresentation of minority youth in juvenile detention centers and correctional facilities. In simple terms, minority youths — especially Black and Latino youths — are confined at much higher rates than white youths. Researchers have tried to understand why this happens . Most studies point to three possible explanations: 1. Minority youths are more involved in crime. 2. The juvenile justice system treats minority youths differently than white youths. 3. A combination of higher crime involvement and unequal treatment within the system.

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