CRJU 410: JUVENILE JUSTICE
SPRING 2006
CHAPTER OUTLINES
CHAPTER 1
AN OVERVIEW OF JUVENILE JUSTICE
I. BACKGROUND AND HISTORY OF THE JUVENILE JUSTICE SYSTEM
A. The Concept of Juvenile Responsibility
B. Parens Patriae—The State as Parent
C. Juvenile Justice History in America
1. The Pre-Juvenile Court Era (1600-1898)
2. The Juvenile Court Era (1899-1966)
3. The Juvenile Rights Era (1967-1979)
4. The Crime Control Era (1980-Present)
II. JUVENILE VERSUS ADULT JUSTICE SYSTEMS
A. Differences Between the Two Systems
B. Similarities Between the Two Systems
III. JUVENILES, DELINQUENCY, AND THE LAW
A. Juvenile Defined
B. Delinquency Defined
IV. THE SCOPE OF THE JUVENILE JUSTICE SYSTEM
A. Delinquent Offenders
B. Status Offenders
C. Dependent and Neglected Children
V. AN OVERVIEW OF THE JUVENILE JUSTICE PROCESS
A. Initial Contact
1. Informal Options
2. Formal Options
B. Intake
C. Adjudication
D. Disposition
1. Probation
2. Institutionalization
E. Aftercare
1. Revocation
2. Discharge
CHAPTER 2
THEORIES AND MEASUREMENT OF JUVENILE DELLINQUENCY
I. THEORIES OF JUVENILE DELINQUENCY
a.
The Emergence of the Classical School
i.
The Devil and Delinquency
ii.
Beccaria and Free Will
b.
Biology, Determinism, and the Positive School
i.
Lombroso and the Atavist
ii.
Phrenology and Craniology
iii. Body-Type Theories
iv.
Genetic Explanations
v.
Other Biological Perspectives
c.
Psychological Explanations of Delinquency
d.
Sociological Explanations of Delinquency
i.
Social Disorganization Theory
ii.
Strain Theory
1.
Merton’s Social Structure and Anomie
2.
Cohen’s Status and Acceptance
3.
Agnew’s General Strain Theory
iii. Differential Association and Social Learning Theory
1.
Sutherland’s Differential Association Theory
2.
Akers’s Social Learning Theory
iv.
Social Bonding/Control Theory
v.
Labeling Theory
vi.
Conflict Theory
e.
Developmental and Life-Course Perspectives
i.
Gottfredson and Hirschi’s General Theory of Crime
ii.
Moffitt’s Dual Taxonomy
iii. Sampson and Laub’s Crime and the Life Course
f.
Delinquency Theories and the Juvenile Justice System, Process, and Law
II. MEASURING JUVENILE OFFENDING AND VICTIMIZATIONS
a.
Official Data
i.
Uniform Crime Reports (UCR)
ii.
National Incident Based Reporting System (NIBRS)
b.
Self-Report Data
c.
Victimization Data
CHAPTER 3
JUVENILES AND THE POLICE
I.
JUVENILE CONDUCT LEADING TO POLICE INVOLVEMENT
II.
TAKING JUVENILES INTO CUSTODY
A. The Arrest Requirement and Probable Cause
B. Who Determines Probable Cause?
C. Establishing Probable Cause
D. Arrests of Juveniles
1. Warrantless Arrests of Juveniles for Delinquent Conduct
2. Custody for Non-Criminal Violations
III.
POLICE DISCRETION WHEN ARRESTING JUVENILES
A. Factors That Influence Juvenile Arrest Decisions
1. Legal Factors Influencing Juvenile Arrest
2. Non-legal Factors Influencing Juvenile Arrest
a. Race
b. Gender
c. Socioeconomic Status
3. Other Factors Influencing Juvenile Arrest
IV.
JUVENILE ARRESTS
A. How Arrests are Counted
B. The Number and Trend of Juvenile Arrests
V.
LEGAL RIGHTS OF JUVENILES DURING STOP AND FRISK,
ARRESTS, AND SEARCHES AND SEIZURES
A. Stop and Frisk of Juveniles
B. Arrests of Persons
C. Searches and Seizures
1. A Juvenile May Consent to a Search
2. Police Search and Seizure with Parental Consent
D. School Searches and Police Assistance
E. General Search Conditions for Juvenile Probationers
VI.
CUSTODY AND INTERROGATION OF JUVENILES
A. Miranda Wording and Juveniles
B. When is a Suspect Under “Custodial Interrogation” for Miranda Purposes
1. The Latest Issue to Miranda and Juvenile Custody and Interrogation:
Yarborough v. Alvarado
2. Yarborough v. Alvarado and Implications for Juveniles
C. A Juvenile May Waive Miranda Rights: The Totality of Circumstances Test
D. Per Se Rules and Juvenile Waiver
1. Parent or Interested Adult Presence May be Required Before Waiver
2. Lawyer Presence May be Required Before Waiver
E. Refusal to Waive Miranda Must Be Clear and Unambiguous
VII.
CONFIDENTIALITY AND THE POLICE
A. Fingerprinting
B. DNA Samples
C. Lineups and Photographing
D. Media, Juveniles, and the Police
CHAPTER 4
INTAKE AND DIVERSION
I. THE INTAKE PROCESS
A. What is Intake?
B. Who Handles Intake?
C. Who Makes a Delinquency Referral to Intake Officers?
D. Procedures and Decisions at Intake
1. Dismissal of the Case
2. Informal Adjustment
3. Formally Process in Juvenile Court
4. Adult Court Waiver
II. THE LEGAL RIGHTS OF JUVENILES AT INTAKE
A. Is Intake a “Critical Stage” Requiring Counsel?
B. Admissibility of Intake Information at Adjudication Proceedings
C. General Guidelines on the Admissibility of Intake Information in
Adjudication Proceedings
III. THE DIVERSION PROCESS
A. What is Diversion?
B. Examples of Diversion Programs
C. Who Qualifies for Diversion?
D. What Happens if a Youth Refuses to Accept Diversion?
1. Prosecutorial Retaliation for Refusing Diversion
IV. THE LEGAL RIGHTS OF JUVENILES IN DIVERSION
A. Do Juveniles Have a Constitutional Right to Diversion?
B. Is a Hearing Required to Deny Diversion?
C. Cases Similarly Situated and Diversion Offers
D. Removing a Youth From Diversion
E. Diversion and Double Jeopardy
F. May Prior Diversions be used to Enhance Future Sentences?
V. NON-LEGAL ISSUES IN DIVERSION
A. Bias in Selection for Diversion
B. Does Diversion Promote Further Contact with the Juvenile Justice
System?
C. Diversion and Net-Widening
CHAPTER 5
STATUS OFFENDERS, DEPENDENT AND NEGLECTED YOUTHS, AND JUVENILE
VICTIMIZATIONS
I. HISTORICAL METHODS OF DEALING WITH NON-DELINQUENTS
II. THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
(JJDPA) OF 1974
A. Core Requirements of the JJDPA of 1974
B. Amendments to the JJDPA of 1974
III. THE JUVENILE JUSTICE SYSTEM AND STATUS OFFENDERS
A. Justification for Juvenile Justice Intervention for Status Offenders Today
B. Juvenile Court Process for Status Offenders
C. The Rights of Status Offenders in Adjudication Proceedings
D. Dispositions for Status Offenders
1. Bootstrapping
2. Hidden Delinquency
IV. STATUS OFFENSE CASE PROCESSING IN THE JUVENILE JUSTICE
SYSTEM
A. Initial Contact
B. Intake
C. Adjudication
D. Disposition
V. DEPENDENCY, NEGLECT, AND THE JUVENILE JUSTICE SYSTEM
A. Reasons for Juvenile Court Intervention for Dependent and Neglected
Youth
B. Forms of Dependency and Neglect
C. Agencies Dealing with Dependency and Neglect
D. The Extent of Dependency and Neglect
1. Collection Methods
2. Cases of Dependency and Neglect
VI. JUVENILE COURT PROCESS INVOLVING DEPENDENCY AND
NEGLECT
A. Court Petition or Complaint
B. Mediation
C. Court Hearing
D. Disposition
VII. JUVENILE VICTIMIZATIONS
CHAPTER 6
DETENTION AND TRANSFER TO ADULT COURT
I. PRE-ADJUDICATION DETENTION OF JUVENILES
A. Purpose of Juvenile Detention
B. Detention Trends
II. DETENTION PROCEDURE AND THE RIGHTS OF DETAINED
JUVENILES
A. Detention Intake
B. The Required Detention Hearing
1. Probable Cause and “Need” for Detention
2. Evidence in Detention Hearings
3. Failure to Hold the Detention Hearing within the Time Set by
Law
C. The Rights of Juveniles at Detention Hearings
D. Do Juveniles Have a Constitutional Right to Bail if Detained?
E. May a Juvenile be Detained in an Adult Jail?
III. JUVENILE TRANSFER TO ADULT COURT
A. The Purpose of Juvenile Transfer
B. Factors Influencing Transfer
IV. TYPES OF JUVENILE TRANSFER AND PROCEDURE
A. Judicial Waiver
1. Discretionary
2. Mandatory
3. Presumptive
B. Prosecutorial Waiver
C. Legislative Waiver
1. Statutory Exclusion
2. Reverse Waiver
3. “Once an Adult Always an Adult”
V. CHOOSING THE TRANSFER METHOD
VI. THE IMPACT OF JUVENILE TRANSFER
A. Removing Serious Offenders
B. Longer Sentences and Harsher Penalties?
CHAPTER 7
THE NATIONAL COURT SYSTEM AND THE JUVENILE COURTS
III. THE COURT SYSTEM AND ITS PROCESS
a. The Federal Court System
b. The State Court System
c. The Appeals Process
d. The Geographical Boundaries of Court Decisions
e. Judicial Precedent (Stare Decisis)
f. Federal versus State Jurisdiction
g. Juveniles in Federal Court
h. A Cautionary Note
IV.
THE ORIGIN AND FORMATION OF THE FIRST JUVENILE
COURT
a. What Led Up to Juvenile Courts
b. The First Juvenile Court
V.
THE JUVENILE COURT STRUCTURE
a. The Organization of Juvenile Courts
b. Do Juvenile Courts Have Jurisdiction Over All Matters Involving
Juveniles?
c. Should There Be a Unified or Coordinated Juvenile Court?
d. The Administration of Juvenile Courts
e. Specialized Juvenile Courts
i. Juvenile Teen Courts
ii. Juvenile Drug Courts
f. Juvenile Court Personnel
VI.
IS A SEPARATE JUVENILE COURT NEEDED?
CHAPTER 8
ADJUDICATION OF JUVENILES
I.
THE PAST AND THE PRESENT
A. Adjudication of Juveniles in the Past
B. Adjudication of Juveniles Today
II.
JUVENILE
ADJUDICATION
CRIMINAL TRIAL
A. Similarities to the Adult Trial
B. Differences with the Adult Trial
III.
PROCEDURES DURING ADJUDICATION
A. The Arraignment
B. The Plea
1. Plea of not Guilty
2. Plea of Guilty
3. Plea of Nolo Contendere (No Contest)
C. The Selection of Jurors (in Cases Tried before a Jury)
1. Challenge for Cause
2. Peremptory Challenge
D. The Presentation of the Case for the Prosecution
E. The Presentation of the Case for the Defense
F. The Closing Arguments
G. The Judge’s Instructions to the Jury
H. Jury Deliberation
I. The Verdict
COMPARED
WITH
IV. THE RIGHTS OF JUVENILES DURING TRIAL
A. In Re Gault (1967): The Leading Case in Juvenile Adjudication
B. The Right to a Lawyer
1. At What Stages?
2. How is a Lawyer Obtained?
3. What is the Role of a Defense Lawyer for Juveniles?
C. The Privilege Against Self Incrimination
1. The Privilege of the Alleged Offender
2. The Privilege of a Witness
3. Distinctions Between the Two Privileges
D. The Right to Notice of the Charges
E. The Right Against Double Jeopardy: The Case of Breed v. Jones (1975)
F. The Right to Due Process
G. The Right to Proof of Guilt Beyond a Reasonable Doubt
1. The In Re Winship Case
2. What Is Reasonable Doubt?
H. Waiver of Constitutional Rights
ADULT
CONSTITUTIONAL RIGHTS DURING TRIAL NOT GIVEN TO JUVENILES
I. No Right to a Trial by Jury
J. No Right to a Public Trial
V. THE EXCLUSIONARY RULE AND JUVENILE ADJUDICATION
CHAPTER 10
JUVENILE PROBATION AND PAROLE
I.
PROBATION AND PAROLE
A. Similarities
B. Differences
II.
THE ORIGIN AND HISTORY OF JUVENILE PROBATION
III.
THE ORGANIZATION AND ADMINISTRATION OF PROBATION AND
PAROLE
IV.
CONDITIONS OF PROBATION AND PAROLE
A. General Conditions
B. Kinds of Conditions
C. Modification of Conditions
V.
SUPERVISION
A. Standards and Goals
B. The Juvenile Probation Officer
C. Fare v. Michael C. (1979): An Important Case in Juvenile Supervision
VI.
OTHER COMMUNITY-BASED PROGRAMS
A. Intensive Supervision Probation (ISP)
B. Shock Probation
C. School-Based Probation
D. Family Counseling
E. Juvenile Boot Camps
VII.
LEGAL ISUES IN PROBATION AND PAROLE PRACTICES
A. Searches and Seizures of Probationers and Parolees
B. Miranda Warnings and Interrogation by Probation Officers
C. Problems in Partnerships Between Probation Officers and Police Officers
D. Testing Juveniles for Drugs
E. Curfews
F. The Probation Records of Juveniles
VIII. REVOCATION
A. The Initiation of Revocation
B. The Lack of Legal Standards for Revocation
C. Juveniles’ Rights Prior to Revocation
D. The Results of Revocation
CHAPTER 11
JUVENILE CORRECTIONAL INSTITUTIONS
I. DEVELOPMENT AND EVOLUTION OF JUVENILE INSTITUTIONS
A. The Early Seeds of Juvenile Institutions: Almshouses and Orphanages
(1600s-1820s)
B. The First Juvenile Institutions: Houses of Refuge (1825-1850s)
C. Reformatories, Training Schools, and the Cottage System (1846-1980s)
1. Training Schools as a Laboratory
2. Survival of an Institution
D. The Juvenile Correctional Facility (1980s-Present)
II. TYPES OF JUVENILE PLACEMENTS
A. Pre-adjudication Placements for Delinquents
1. Adult Jails
2. Youth Shelters
3. Detention Centers
B. Post-adjudication Placements for Delinquents
1. Diagnostic Facilities
2. Transfer Facilities
3. Stabilization Facilities
4. State Schools and Juvenile Correctional Facilities
a. Institutional Programming
b. Future Trends in State Schools
5. Juvenile Boot Camps
6. Ranches and Forestry Camps
7. Transition Facilities
8. Adult Prisons
C. Placements for Non-Delinquents
1. Parham v. J.R (1979): Civil Commitment of Nondelinquents
III. CONDITIONS OF CONFINEMENT AND RIGHTS
A. Conditions of Confinement in Juvenile Institutions
1. Overcrowding
2. Suicide Prevention
B. The Rights of Institutionalized Juveniles
1. The Right to Treatment
2. The Right to Be Free from Cruel and Unusual Punishment
a. Morales v. Turman (1973): The Leading Case on Cruel and
Unusual Punishment in Juvenile Correctional Institutions
b. Other Cases on Cruel and Unusual Punishment
c. Clarifying Cruel and Unusual Punishment
d. The Current State of Cruel and Unusual Punishment and
Juvenile Abuse
3. Access to the Courts
CHAPTER 12
THE DEATH PENALTY FOR JUVENILES—ROPER V. SIMMONS (2005)
I. THE DEATH PENALTY IN GENERAL
A. Background
B. U.S. Supreme Court Cases
1. Furman v. Georgia (1972)
2. Gregg v. Georgia (1976)
II. THE DEATH PENALTY FOR JUVENILES BEFORE SIMMONS
A. Background
B. The Laws and Practices Before Simmons
C. U.S. Supreme Court Cases Before Simmons
1. Eddings v. Oklahoma (1982)
2. Thompson v. Oklahoma (1988)
3. Stanford v. Kentucky and Wilkins v. Missouri (1989)
D. “Evolving Standards of Decency” as a Test for Constitutionality
III. DEVELOPMENTS BEFORE SIMMONS
A. Infrequent Executions
B. The International Scene
C. Atkins v. Virginia (2002) – A Judicial Precedent for Simmons
IV. ROPER V. SIMMONS (2005): THE DEATH PENALTY FOR JUVENILES IS
UNCONSTITUTIONAL
A. The Holding and the Issue
B. The Facts
C. Unusual Circumstances
D. The Majority Opinion by Five Justices
E. The Dissenting Opinions by Four Justices
V. WHAT HAPPENS AFTER ROPER v. SIMMONS?
CHAPTER 13
SCHOOLS, SCHOOL CRIME, AND RIGHTS OF STUDENTS
I. JUVENILES, THE LAW, AND SCHOOLS
A. The Legal Basis of School Authority
1. In Loco Parentis
2. Reasonableness and School Rules
B. Legal Issues in Regulating Student Behavior
1. Due Process in Schools
a. Short-Term Removal from School
b. Long-Term Removal from School
c. Emergency Removal from School
2. Searches and Seizures in Schools
a. Strip Searches
b. Locker and Desk Searches
c. Metal Detector Screening
d. Student Automobile Searches on School Grounds
e. Drug Testing of Students
f. Drug Detection with Dogs
g. Searches Involving Law Enforcement Officers in Schools
3. Cruel and Unusual Punishment in Schools
II. THE EXTENT OF SCHOOL CRIME
A. Measuring School Crime
B. School Crime in the 1990s
1. Violent Deaths at School
a. The U.S. Secret Service and Lethal School Violence
2. Nonfatal Student Victimization
3. Nonfatal Teacher Victimization
4. General School Environment Safety Issues
C. The Bottom Line on School Crime
III. MAKING SCHOOLS SAFE—CAN IT BE DONE?
A. Zero Tolerance Policies
1. Legal Aspects of Zero Tolerance Policies
2. The Prevalence of Zero Tolerance Policies in Schools
B. Security Measures in Schools—Are They Effective?
1. Closed School Campuses
2. Metal Detectors
C. School Partnerships with the Criminal and Juvenile Justice Systems
CHAPTER 14
JUVENILE JUSTICE: PAST, PRESENT, AND FUTURE
I.
II.
RELIVING THE PAST
A. The Discovery of Childhood
B. A Separate Legal System for Youths
C. Juvenile Justice Reform and the Erosion of Parens Patriae
D. Recognizing Nondelinquents and Diversity in Juvenile Courts
E. A Juvenile Crime Wave?
F. The Dual Path of Juvenile Justice
A LOOK AT THE PRESENT
A. The Current State of the Juvenile Court and the Juvenile Justice System
B. Some Current Issues and Trends
1.
Adult Courts with “Delinquency Jurisdiction”
2.
Specialty Courts and Individualized Justice
3.
Restorative Justice
4.
Disproportionate Minority Representation in Juvenile Justice
C. Public Opinion and Pendulum Shifts
III. A GLIMPSE OF THE FUTURE
A. Females and Juvenile Justice
B. Reinventing Juvenile Probation
C. Five Themes and Trends in State Laws Targeting Serious Crimes Committed
by Juveniles
D. A Juvenile Justice System for This Century