Juvenile Justice in
America
SOC 106
Part 13-1:Juvenile Justice
Procedures
1
Juvenile court
- adult court: criminal
- juvenile court: civil
a. Civil proceedings
- parent patriae
- not stigmatize
(1) Representation
- defense counsel
- no jury trial
- all other rights
(a) Jury trials
- some states allow
- not peers
(b) 1988: 17 states
- civil trials
- adversarial
(c) Prosecution vs. defense
- prove guilt
(2) Courts of record
- left to state law
- keep records or not
- Washington state keeps
(a) Transcripts
- all proceedings
(b) Right to appeal
- court decisions
(c) Proof beyond
- same as adults
(d) Preponderance
- child at risk
(3) Range of penalties
- varies
- transfer to adult court
(a) Jurisdiction
- age 18
- probation: age 21
(b) No death penalty
(c) Local time
- held in detention
(d) State time
- held in state institution
(4) Type of court
- autonomous/ coordinated/ designated
(a) Autonomous
- separate court
- juvenile matters
(b) Coordinated
- family / domestic court
- youth / divorce / adoption / etc
(c) Designated
- under adult court
- judge appointed
b. Washington juvenile court
- designated
- superior court
- all counties
(1) Superior court judge
- full-time / part-time
- commissioner
- Judge Godfrey
(a) More rehabilitative in nature
- keep at home
- less restrictive means
(b) Belief of judge
- probation officer input
- own decision
(2) Prosecutor assigned
- punishment oriented
- desire of society
- pay for crime
2.
Seven philosophies
- manage juvenile offenders
- different models
- deal with young offenders
a. Medical Model
- incarceration ineffective
-
subject to treatment
family / group therapy
psychological treatment
prescribed diet
b. Rehabilitation Model
- confinement ineffective
- overcome social / psychological handicaps
- educational remedies
- social remedies
- early intervention
- aligned with medical model
c. Community Reintegration Model
- alienated from community
- estranged from society
- keep in community
- youth activity / school / community service
d. Prevention / Control Model
- repress delinquency
- before opportunity
- intervention strategy
- at-risk-youth
- residential placement
(1) Alternate placement
- reduce delinquency
(2) Boot camps / wilderness camps
- second chance facilities
e. “Just Desserts” Model
- hold accountable
- rehabilitation / treatment: secondary
(1) Judges
- inclined to probation
(2) Conditions
- community service
- restitution / group therapy
- abuse programs
(3) Methods not effective
f. Reality Therapy Model
- equivalent: shock probation
- jail / prison
- real life behind bars
- face conditions
g. Justice Model
- “due process”
- system safeguards
- rehabilitation / voluntary
- away from “informal”