Criminal Justice - The Juvenile Justice System - Quick Guides

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Study GuideCriminal JusƟce–The Juvenile JusƟce System1. A Separate JusƟce System for JuvenilesIn the United States, juveniles and adults are treated differently under the law. This idea is based onthe belief that young people are still developing and should not be handled in the same way as adults.Because of this, aseparate juvenile justice systemexists.In 1994 alone, more than2.7 million people under the age of 18 were arrested. Most of thesearrests were fornonviolent offenses. Only about5 percentinvolvedstatus offenses, such astruancy, running away from home, or breaking curfew.1.1.Juvenile Court JurisdicƟonJuvenile courts handle cases involving three main groups of young people:1. DelinquentsThese are youths who commit acts that would be considered crimes if an adult committed them. Thisincludes bothmisdemeanors and felonies.2. Status OffendersThese youths commit behaviors that arenot crimes for adults, such as:•Skipping school (truancy)•Running away from home•Curfew violations3. Dependent and Neglected ChildrenThese youths are not accused of crimes but arein need of care, protection, or supervisionbecause of neglect, abuse, or lack of support at home.

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Study GuideAcross the country, about75 percent of juvenile court cases are delinquency cases, totalingaround1.5 million cases each year. About60 percentof these involveproperty crimes. Statusoffenses also make up a large number of juvenile court cases.1.2Age Limits in the Juvenile JusƟce SystemAgeis the key factor that separates juvenile court from adult criminal court.•Undercommon law, the minimum age for criminal responsibility is7 years old.•Themaximum ageis when a person is legally considered an adult and no longer underjuvenile court authority.•Most states set this maximum age at17 or younger, though laws vary by state.1.3Police DiscreƟon with JuvenilesPolice officers have a great deal ofdiscretionwhen dealing with juvenile offenders. This means theycan 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 policestation and referring them to a community youth-servicesagency•Referring the youth to juvenile court intakewithout detention•Referring the youth to juvenile court intakewith detentionAlthough more than70 percent of arrested juveniles are referred to court, many policeinteractions are handled informally and never officially recorded. For minor offenses like curfewviolations 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 calleddiversion.Diversion keeps juveniles out of the justice system and helps them avoid being labeled as“delinquent,” which can have long-term negative effects.Themost important factorin police decision-making is theseriousness of the offense. However,studies show thatnonlegal factors—such as the youth’s race, social class, gender, and even howrespectful or cooperative they seem—can also influence decisions.

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Study Guide1.4Criminal Procedure and JuvenilesJuveniles have some of the same protections as adults during police investigations:•Police must giveMiranda warningsbefore custodial questioning.•Regarding searches, the U.S. Supreme Court has ruled thatschool officialsmay conductwarrantless searchesof students or lockers if they havereasonable suspicionthat schoolrules or laws are being violated.1.5DetenƟon of JuvenilesWhen a youth is referred to juvenile court, they may be detained or released.Detentionmeanstemporarily holding a juvenile while their case is pending.Most states require adetention hearingbefore a judge decides whether to:•Release the youth to their parents, or•Keep the youth in custodyJuveniles 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 punishmentEach year, about500,000 juveniles are detained, and abouttwo-thirdsare waiting for their cases tobe decided.1.6CondiƟons in DetenƟon FaciliƟesOvercrowding is common in juvenile detention centers, and conditions are often poor. Reports ofabuse are frequent.One extreme example occurred inNew York City in 1998, when overcrowding forced officials todetain boys as young as10 years oldon abarge in the East River. Critics argued that the setup

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Study Guidemade it hard to separate newly arrested youths from convicted offenders, creating serious safetyrisks.Many experts agree thatmany detained youths could safely be supervised in the communityinstead of being locked up.1.7Juveniles in Adult JailsSome juveniles are still held inadult jails, which is widely seen as unfair and harmful. Mixingjuveniles with adults exposes young offenders tocriminogenic influences, meaning influences thatincrease the likelihood of criminal behavior.To address this, theJuvenile Justice and Juvenile Delinquency Prevention Act (1974)requires:•The removal ofstatus offendersfrom the juvenile justice system•The separation of juveniles from adult inmatesThese two goals are independent but equally important.Unlike adults, juveniles usuallydo not have the right to bail. Instead, they must be released toparents or guardians, who are legally responsible for them.1.8Intake: Deciding What Happens NextIf police formally refer a case to juvenile court, it goes to anintake unit, where aprobation officerreviews it.The intake officer decides whether to file apetition, which officially starts court proceedings. To dothis, the officer must determine whether there isprobable causethat the youth committed theoffense.Key factors in this decision include:•The seriousness of the current offense•The youth’s prior recordIf no petition is filed, the officer may:•Dismiss the case•Place the youth oninformal probation

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Study Guide•Refer the youth to a community agencyUnder informal probation, the youth mustfollow certain rules. If they break those rules, the case canbe reopened and sent to court.Each year, between500,000 and 1 million casesresult in a filed petition.1.9CerƟficaƟon: Moving Juveniles to Adult CourtSome juveniles are transferred to adult criminal court through a process calledcertificationorwaiverof jurisdiction.In 1994, more than12,000 juvenile caseswere transferred this way. Typically, this applies to youthsaged16 or 17, depending on state law.•Some states allowwaivers regardless of offense•Others allow waivers only forfeloniesOnce waived, juveniles lose the protections of juvenile court and face much harsher penalties. InStanford v. Kentucky (1989), the Supreme Court ruled that thedeath penalty could be imposedfor crimes committed by juveniles as young as16(note: later rulings would further limit this, but thisreflects the law at the time discussed).1.10AdjudicaƟon in Juvenile CourtAnadjudication hearingis similar to a trial. A judge decides whether there isproof beyond areasonable doubtthat 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-incriminationHowever, juvenilesdo not have the right to a jury trial, and hearsay evidence is more easilyadmitted than in adult court.

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Study GuideJuvenile hearings are usuallyclosed and informal, unlike adult trials. The system is based onparens patriae, meaning the state acts as a parent. Supporters argue this protects youths, but criticsnote that it also limits constitutional protections.1.11DisposiƟon: Deciding the OutcomeIf a youth is found delinquent, the court holds adisposition hearing, similar to sentencing in adultcourt.Judges may:•Place the youth on probation•Order placement in a correctional institutionIn abouthalf of the states, judges can orderindefinite confinementuntil the youth reachesadulthood.More than80 percent of adjudicated youths receive probation, and over500,000 youthsare onprobation at any given time. Judges may also use community-based options likehalfway houses orfoster homes.1.12InsƟtuƟonalizaƟon of JuvenilesIn 1998, more than100,000 juvenileswere held in correctional institutions. These include:•State training schools•Ranches•Private residential treatment facilities•Juvenile prisonsTraining schools exist in nearly every state and mainly house serious offenders. Some states usejuvenile prisonsfor violent youths.Although only5 percentof juvenile prisons are privately operated, these facilities have raised seriousconcerns. Investigations inColorado, Louisiana, and Georgiauncovered abuse, neglect, lack ofeducation, and poor mental health care.

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Study GuideBecause juveniles are supposed to be rehabilitated—not punished—courts requirehigher standardsin juvenile facilities than adult prisons. These standards include better education, medical care, andsupervision. Critics argue that private prisons often cut corners to increase profits.1.13AŌer InsƟtuƟonalizaƟon: Parole and AŌercareAfter release, many juveniles are placed onparole, where they are supervised by a parole officer inthe community.Parole can be revoked, sending the youth back to an institution. Juvenile paroleesdo not have dueprocess rightsin parole revocation hearings.Aftercare programs often include:•Electronic monitoring•Counseling and treatment•Education and job training•Intensive supervisionThese programs aim to help youths successfully return to society and avoid reoffending.2.MinoriƟes in the Juvenile JusƟce SystemAcross the United States, there is serious concern about theoverrepresentation of minority youthin juvenile detention centers and correctional facilities. In simple terms, minority youths—especiallyBlack and Latino youths—are confined at much higher rates than white youths.Researchers have tried to understandwhy this happens. Most studies point to three possibleexplanations: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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