Law, Justice, and Society:
A Sociolegal Introduction
Chapter 8
Juvenile Justice
Juvenile Justice
What Is Juvenile Delinquency?
Civil law
Delinquents versus status offenders
Delinquents—“to leave undone”
reflects rehabilitative nature
Juvenile Justice
The Extent of Delinquency
Juveniles commit a disproportionate percentage
of the FBI’s UCR Part 1 index crimes
Youths under 18 account for 13 percent of
arrests for violent crime
Youths under 18 are only about 6 percent of the
American population
Individuals who do not engage in some form of
antisocial behavior are statistically abnormal
Juvenile Justice
The Extent of Delinquency
Juvenile Justice
Developmental Factors and Juvenile Delinquency
•New York Academy of Sciences, four key messages in 2003:
1. Much of the behavior characterizing adolescence is rooted in
biology intermingling with environmental influences to cause
teens to conflict with their parents, take more risks, and
experience wide swings in emotion.
2. The lack of synchrony between a physically mature body and a
still maturing nervous system may explain these behaviors.
3. Adolescents' sensitivities to rewards appear to be different than
in adults, prompting them to seek higher levels of novelty and
stimulation to achieve the same feeling of pleasure.
4. With the right dose of guidance and understanding, adolescence
can be a relatively smooth transition.
Juvenile Justice
Biological Factors
Puberty is followed by a 10-to-20-fold rise
in testosterone
Testosterone linked to aggression
Adolescent brain is immature and this is
reflected in common behavior
Juvenile Justice
Developmental Factors and Juvenile Delinquency
 Almost all juveniles commit antisocial acts (esp. males)
 Only a small percent (about 15 percent) continuing
committing crimes
 Adolescent limited versus life-course persistents
 Across history and culture, juvenile delinquency
widespread
 Individuals (especially males) who do not engage in
some form of antisocial behavior are statistically
abnormal (Moffitt and Walsh 2003)
Juvenile Justice
History and Philosophy of Juvenile Justice
Branch of civil law
Young children considered to be property
The idea of not assigning culpability to young
children is relatively new
common law, age 7
Juvenile Justice
History and Philosophy of Juvenile Justice
Early Rome, Children considered property of
father
patria potestas
Fourth-century Rome, Father’s power was limited
paterna pietas
Middle Ages,
children under 7 were not responsible
special status for children 7-14
14 cut-off age for adulthood (marry-able)
Juvenile Justice
Institutional Control
Thirteenth century, courts adopted parens patriae
Gave king the right to intercede and act in the
best interest of the child
State and not parents had authority over children
binding out
vagrancy and laziness laws
brideswells
Juvenile Justice
Childhood in the United States
British youth were sent to the colonies as
indentured students
Juveniles arrested were placed in jails with
adults
 Society for the Prevention of Pauperism
primary causes of criminal behavior were economic
give children food, shelter, and vocational training
New York House of Refuge in 1825
Juvenile Justice
Childhood in the United States
Children sent to this facility remained until
determined to be rehabilitated
 Ex Parte Crouse (1838)
parental rights are superseded by the best interest of
the child doctrine
Purpose of House of Refuge was to train and
care for children; but acted like Brideswells
Juvenile Justice
The Child Savers
Middle class discontent with government
corruption and inefficiency
 Progressives sought for professionalization of
public service
 Child Savers began ‘ideological attack’ on the
houses of refuge
Believed that juveniles could be molded into
better citizens
Juvenile Justice
The Child Savers (cont.)
Placed children in arms in the western US
Motives may have been less than altruistic
Many believed the poor to be innately criminal,
poverty sign of personal defects
Juvenile Justice
The Beginning of the Juvenile Courts
1899 Cook County, IL
Every state had one by 1945
Used civil law, preponderance of the evidence
Judges given wide latitude
Different terms (euphemisms?) than the adult
system
Juvenile Justice
Terminology
Arrested = taken into custody
Indictment/information = petitions the corut
Defendant = respondent
Arraigned = hearing
Plead = admits or denies
Jury trial = adjudicatory hearing
Guilty = adjudicates respondent delinquent
Juvenile Justice
Terminology (cont.)
Presentence investigation report =
predispositional or social inquiry report
Incarcerated = detained
Prison = training school
Paroled = aftercare
Juvenile Justice
Juvenile Waiver to Criminal Court
Waiver to adult criminal court
Lose status as minors; are legally culpable for
alleged crime
Age criterion varies from state to state
Always an option, but only regularly used in the
late 1970s
About 1.5 percent of juvenile cases are waived
Juvenile Justice
Juvenile Waiver to Criminal Court
Judicial waiver
Prosecutorial discretion/direct file
Statutory exclusion/legislative waiver
Presumed social benefits have not materialized
Does not guarantee more punitive disposition
Juvenile Justice
Extending Due Process to Juveniles
 Haley v. Ohio 1948
Fourteenth Amendment prohibits police from
violating due process clause in obtaining confessions
from juveniles
illegal confessions are inadmissible in court
 Kent v. United States 1966
waiver decision is a critically important stage
juveniles have constitutional rights
Juvenile Justice
Extending Due Process to Juveniles (cont.)
In Re Gault 1967
established five basic due process rights for
adjudication hearings
1.
2.
3.
4.
5.
Proper notification of charges
Legal counsel
Confront witnesses
Privilege against self-incrimination
Appellate review
Juvenile Justice
Extending Due Process to Juveniles (cont.)
 In Re Winship 1970
beyond a reasonable doubt standard necessary when
incarceration is a possibility
 McKeiver v. Pennsylvania 1971
juveniles do not have the right to a jury trial
 Breed v. Jones 1975
double jeopardy applies between juvenile and adult
courts
Juvenile Justice
Extending Due Process to Juveniles (cont.)
 Schall v. Martin 1977
preventative detention is constitutional
How do these cases both reflect and refute the
doctrine of parens patriae?
Juvenile Justice
The Juvenile Death Penalty
1973-2003, 22 juvenile offenders executed in
United States
13 of those in Texas
Four USSC cases
Juvenile Justice
The Juvenile Death Penalty (cont.)
 Eddings v. Oklahoma 1982
court must consider all mitigating factors
 Thompson v. Oklahoma 1988
age of 16
 Stanford v. Kentucky 1989
constitutionally permissible to execute juveniles who
committed their crime when they were 16, or 17.
Juvenile Justice
The Juvenile Death Penalty (cont.)
 Roper v. Simmons 2005
age of 18 is the new age line
Eighth Amendment—cruel and unusual punishment
this case brought amicus curiae (“friend of the
court”) briefs to argue one way or the other
Juvenile Justice
Eroding Distinctions Between Adult and Juvenile
Preceding cases created procedures which
mirrored adult courts
Megan’s Law and juvenile sex offenders
Juvenile Justice
Restorative Justice
What is restorative justice?
Compromise between hard punishment and soft
rehabilitation
Holds offender accountable while healing the
harm done to the victim and the community
Often involves face to face contact between
victim and criminal
Juvenile Justice
Restorative Justice (cont.)
Balanced Approach - focuses on three equally
important components for sanctioning of juveniles
1. Hold juveniles accountable
2. Protect the community
3. Competency development programs
VORPS
very successful (97 percent satisfaction among victims)