Juvenile justice
complex from the adult system, protect youth from harm and neglect, keep under control, both children and adults were subject to same rules in early society, if offender wouldn’t pay fine, they were punished, “eye for an eye,” England was greatest influence on American JJ
Colonial period (late 1600s - late 1700s)
English colonists brought CJ system, in early years father was absolute authority, and early laws could put children to death for disobeying parents
Industrial revolution (late 1700s)
Families went to cities, child labor replaced apprenticeship system, poverty increased JD, children warned, shamed, and sometimes beaten
Parens patriae
state as parent - custody, care, and protection
Illinois Court Act of 1899
JC’s beliefs:
- delinquency is curable
- juvenile court as supportive atmosphere
- distinction between criminal and non-criminal behavior isn’t important
- treatment not punishment
Official statistics
- UCR (Uniform Crime Reports), summary based
- NIBRS (National Incident Based Reporting System) - collects on 46 offenses/22 categories
- NCVS (Nat. Crime Victim Survey)
- Self report - youth reports it
Funnel Effect
for every 1,000 violent crimes:
- 604 reported to police
- 286 arrests are made
- 46 younger than 18
- 23 JC adjudications made
- 8 residential placements
- 15 get other sanctions
Status offense
acts considered illegal only when committed by minors - 16-19 years old, common - truancy, liquor, curfew
Juvenile Delinquents
youth who commits act that would be a crime if an adult committed it, ABA - status offenders should not be considered delinquents
Youth crime
violent crimes for youth have decreased for years
- burglary - declining
- larceny theft - most frequent, but decreasing since early 90’s
- motor vehicle theft - declining
Should juveniles be transferred to adult court
- seriousness of offense, protection of community
- is offense aggressive, violent, premeditated
- person or property offense
- merit of complaint
- crime associates adults?
- maturity of child
- record and previous history
4 Ds of JJ
- deinstitutionalization
- diversion
- due process
- decriminalization
Kent vs. U.S (1966)
16-year-old charged w/housebreaking, robbery, and rape, spent week in detention facility, transferred to adult court w/o a hearing, Supreme Court found that he was entitled to a hearing, counsel, and case related records
In re Gault (1967)
15-year-old makes obscene phone call, sheriff takes Gault into custody, locked up in juvie for 3 days no hearing, driven home, no explanation
In re Gault (1967) part 2
PO gives Mrs. Gault note for mandated appearance in court, no cross examination, Gault went to reform school until age 21, fined $50 w/60 days incarceration
6 Gault guidelines from Supreme Court
- right to adequate notice of charges
- right to counsel
- right to confrontation/cross examination
- right against self-incrimination
- right to transcript of proceedings
- right to appellate review
McKeiver vs. Pennsylvania
16 yr. old charged w/multiple felonies - robbery, larceny, receiving stolen goods, etc., Right to jury trial? No, juvenile court must remain informal w/o delays
Schall vs. Martin and Preventive Detention
Gregory Martin, 14, was arrested 11:30 pm. Dec. 13, 1977, charged w/1st degree assault, and criminal possession of a weapon, he hit a local youth on head w/loaded gun, which he had when he was arrested, took his jacket and sneakers, lied where and whom he lived with, Ct. ruled that juveniles can be denied pretrial release due to runaways/danger to others
George Stinney
in 1944, 14 yr. old Stinney was arrested and electrocuted, accused of murdering 2 white girls, ages 7 and 11, no witnesses or evidence points to him, all-white jury convicted him in 10 minutes
