Juvenile Processing
Key Terms:
1. Referral
2. Intake
3. Dismissal
Informal Processing
Petition
4. Detention Hearing
5. Waiver
Adjudication
6. Predisposition Report
7. Disposition
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Intake
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Like police officers, juvenile court officials exercise a great
deal of discretion, particularly at the intake stage
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Contradictory behaviors:
 About half of all court referrals are released at intake
using informal procedures like those used by police
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On the other hand, prior to adjudication, they detain far
more juveniles than are later confined at disposition—
often overestimating severity of cases
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Court Dilemmas
Nurturance
Vs.
Constitutional rights
Saving truants, runaways, and neglected children
Vs.
Serving up “justice”
Risking leniency, releasing kids
Vs.
Risking being too punitive, locking up and institutionalizing
Protecting Kids
Vs.
Protecting Society
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Waiver
All states allow juveniles accused of serious crimes to be tried
as adults in one of three ways, the third being the most
common route to adult court. Kids have due process rights in
this process.
1
2
3
Judicial Waiver--hearing before a judge who determines
whether criminal courts should handle the case
Direct File (prosecutor discretion)--prosecutor has the
discretion to take a case directly to juvenile court or to
criminal court
Excluded Offenses--Certain offenses are automatically
excluded from juvenile court
Age--Some states define persons over a particular age
(e.g.,15 or 16) as non-juvenile for criminal justice purposes
with particular crimes
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All states allow adult
criminal prosecution and
sentencing of juveniles
under some
circumstances.
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15-Year-Old Sentenced to 6 Years in Adult Prison
CAMDEN, NJ (AP) -- A 15-year-old boy who prosecutors said was the mastermind of a
failed plot to go on a shooting spree in a suburban school was sentenced Friday to
six years in state prison.
Edwin DeLeon and three other teens pleaded guilty earlier this year to scheming to
shoot teachers and students in April. Authorities said they planned to open fire at
Winslow Township High School in Camden County, where DeLeon and two of the
others were students, then turn their guns on other people in the community.
Despite attempts, the teens were never able to get a gun. School officials heard
about the plans and the boys were arrested before anyone was hurt.
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Kids tried and sentenced as adults are more likely to commit future crimes
than similar kids processed as juveniles for the same crimes.
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Death Penalty
Juvenile justice systems have no provisions for the death penalty.
The lowest age for which a person may be put to death for a crime had
until recently been 16 years of age--1988 US Supreme Court
Decision
March 2005 Supreme Court ruling found that it is unconstitutional to
put a person to death for a crime committed when the person was
under the age of 18.
This was consistent with Atkins vs. Virginia, June 2002, where the
court ruled that execution of persons with mental retardation is
unconstitutional.
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Court Filtering
Intake
(See Agnew, page 387)
Dismissed or Informal
Adjustment (43% of Cases)
Petitioned
(57%)
Waived to Adult Court (0.5%)
Dismissed/Informal Adjustment (23%)
Adjudicated Delinquent (33%)
Probation
Intermediate
Out-of-Home
(18%)
Sanctions (4%)
Placement (9%)
Released
(1%)
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In California:
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Trends
Rate of referrals for formal processing increased 30 percent from
1988 to 1997.
 Largest increases have been for violence, weapons, and drugs.
 Most common cases: property crimes
 77% male
Rate of referrals for formal processing of status offenses increased
78 percent from 1988 to 1997. This is an example of “widening
the net.”
 Most common cases: liquor laws and truancy
 59% male
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Adjudication
Most kids admit guilt or accept a plea bargain prior to adjudication.
The 1960s and 1970s saw an increase in due process protections for
juveniles stemming from a series of US Supreme Court decisions.
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Notice of charges must be given
Right to an attorney
Proof of facts must be “beyond a reasonable doubt”
Right to confront accusers
No self-incrimination
There is not a right to trial by jury
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Adjudication
Introduction of due process rights brought greater involvement of
prosecutors into juvenile proceedings, making the system more
adversarial and like the adult system
The judge:
1 makes a finding of fact that the juvenile is not delinquent or in need
of supervision
2 makes a finding of fact that the juvenile is delinquent or in need of
supervision
3 dismisses the case because of insufficient or faulty evidence
4 in some places may use informal alternatives
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Disposition
Only a small fraction of all juveniles referred to court are eventually
institutionalized
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Minority and lower-class youth are overrepresented
Unclear whether court judges discriminate, most
likely indirect discrimination at that point
Disposition is still biased if arrest, detention, intake, or
predisposition reports are discriminatory
Prior action seems to bias judges
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Pre-trial confinement accounts for much of the difference.
http://ca.lwv.org/voter/jj/31minorities.html
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In California:
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In 2003, public and private facilities held 32% more criminal delinquents
and 32% fewer status offenders than in 1991
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Public facilities drive the trend for the delinquency population; private
facilities drive the trend for status offenders
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The number of male offenders in
custody increased 23% from 1991 to
2003
The number of female offenders in
custody increased 52% from 1991
to 2003—but it is still far below the
male number
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In California:
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Juveniles committed to residential placement per 100,000 in the population
In 2003, the national commitment rate was 219 juvenile offenders in custody for
every 100,000 juveniles in the population
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In California:
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Disposition or Sentencing
Regular Probation
Intermediate Sanctions
 Restitution
 “Scared Straight”
 Intensive Supervision Programs
 Day Treatment Centers
 Boot Camps
Out-of-Home Placements
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Disposition or Sentencing
What Works in Corrections for Juveniles?
Community-based corrections
 Most experts recommend this over incarceration for most juvenile
offenders
 Individualized treatments are more effective at reducing recidivism
than large training schools
 More effective at addressing root causes of delinquency
 Most Successful programs
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Are comprehensive and intensive
Operate outside traditional system
Build on youths’ strengths
Use socially-grounded approach rather than psychological therapy
Addresses “right to treatment” better
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Right to Treatment
True purpose of juvenile justice system is rehabilitation. Practices not
consistent with this goal violate due process guarantees
No
 Solitary confinement
 Strip cells
 Withholding education
 Corporal punishment
Must have
 Sufficient lighting, clothing, bedding, hygiene supplies
 Change of underwear and socks everyday
 Writing materials, glasses, reading material, ability to correspond
 Daily showers
 Access to medical and psychiatric care
Does not grant
 Continued treatment in adulthood, broadly defined
 Individualized treatment plans
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What Works in Corrections for Juveniles?
Educational, vocational, and recreational programs
Pros:
 Educating for meaningful skills and employing in meaningful work do
help lower recidivism
 Cheaper than incarceration
 Acknowledges that we are in a capitalist society where persons
must be employed to thrive
Cons:
 Kids are often below grade level and less trainable than expected
 Often, not enough resources are invested in programs
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Characteristics of Effective Prevention and Rehabilitation
Programs—Agnew Chapter 24
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Focus on all major causes of delinquency in your population
Be intensive
Focus on kids at highest risk for recidivism
Begin early
Base them in the community
Warm but firm leadership
New movement called “Positive Youth Development”
Those things that make “normal” kids successful are also negatively
associated with juvenile delinquency. Giving kids opportunities,
relationships, rewarding experiences, responsibilities, and so forth
will allow delinquents to turn their behavior around.
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Regular Probation
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No worse recidivism than with other techniques for most offenders
But it’s a lot cheaper
Intensive Probation
 Small caseload
 May be more effective than probation
 As effective as incarceration at 1/3 the cost
Electronic Monitoring
 More normalized experience with supervision
 No higher recidivism than incarceration
 Inexpensive
 May not work for substance abusers, repeat offenders, serious felony
offenders, and those with long sentences
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Electronic Monitoring
 More normalized experience with supervision
 No higher recidivism than incarceration
 Inexpensive
 May not work for substance abusers, repeat offenders, serious
felony offenders, and those with long sentences
Restitution
(Monetary, Victim Service, Community Service)
 Often used more like retribution
 Relatively successful, lower recidivism than probation
 Works better with upper income, good school attendance, few
priors, minor offenses, and lower dollar values
 Crimes often resulted from lack of money--how do you get a job
now?
 Widens the net, imposes harsher penalties than existed before
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Residential Community Treatment
Group homes, foster homes, rural programs
Pros:
 Recidivism is no worse
 Cheaper than lock up, more expensive than probation
Cons:
 Public fear of juveniles
 Violent offenders may pose risks
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Training Schools (Incarceration)
Pros:
 Can keep “hardened delinquents” incapacitated
Cons:
 Recidivism is often worse than other forms of disposition
 Expensive
 Therapeutic treatments are typically under funded and led by
unqualified therapists
 Conditions are often bad
Finding that “getting tough” doesn’t work as well as more “soft”
approaches may permit our society to reclaim its humanity
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Recently, California found that getting soft did not increase crime!
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Preventing recidivism once released???