Mainstream and Crosscurrents, Second Edition
Chapter 14
Juvenile Delinquency
and Juvenile Justice
Childhood and the law
Factors that improved the status of
children …
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Increased availability of education
Poor laws
Chancery courts
Parens patriae
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Childhood and the law
 Juveniles in the early United States
 Houses of refuge
 Juvenile court
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Childhood and the law
Juveniles in the early US
 In colonial America, little distinction
was made between the offenses
committed by adults and those
committed by children.
 Parents were responsible for the
actions of their children.
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Childhood and the law
Houses of refuge
 The first house of refuge was
established in New York City in 1825.
 The houses of refuge were
abandoned by the end of the 19th
century in favor of newer reforms.
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Childhood and the law
Juvenile court
The major differences between modern
adult criminal court and juvenile court:
 Focus on rehabilitation
 Informal hearing
 Individualized justice
 Private hearings
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Children and society
Juvenile issues today …
 Violence
 Alcohol and drug problems
 Sexuality and sex abuse
 Runaway and kidnapped children
 Anomie and nihilism
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Children and society
Types of youths
in the juvenile justice system
 Incorrigible children
 Dependent children
 Neglected children
 Status offenders
 Delinquent children
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© 2010 Pearson Higher Education,
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Children and society
Juvenile delinquency in context
Institutions and issues connected to
juvenile delinquency …
 Schools
 Poverty
 Faulty families
 Neighborhoods
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The juvenile justice system
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Entering the juvenile justice system
Prehearing detention
Intake
Determining jurisdiction
Adjudicatory hearing
Disposition
Aftercare
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The juvenile justice system
Entry
Cases are inserted into the system by
a process called a referral…
 From schools, parents, or child
welfare agencies
 From law enforcement agencies
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The juvenile justice system
Prehearing detention
Law enforcement agencies are
discouraged from holding juvenile
delinquents in adult jails while the case
is processed.
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The juvenile justice system
Intake
 A major gatekeeping decision point
 A finding by the intake officer that
sufficient reason exists to pass the case
forward is enough to keep the case
under the purview of the court.
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The juvenile justice system
Determining jurisdiction
The states have a variety of mechanisms
for deciding whether to keep the case in
juvenile court or transfer it to adult
court.
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© 2010 Pearson Higher Education,
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The juvenile justice system
Adjudicatory hearing
 Held to determine whether the
juvenile committed the offenses
 The equivalent of a criminal trial
 Conducted by a judge who also acts
as a jury
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© 2010 Pearson Higher Education,
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The juvenile justice system
Disposition
Comparable to the handing down of the
sentence in adult court, the disposition
can take two paths …
 Residential placement
 Non-residential referral
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The juvenile justice system
Aftercare
Aftercare may include …
 Drug or alcohol treatment
 Counseling
 Attending school
 Employment
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The juvenile justice system
Aftercare
Juveniles can be diverted from the system at many points.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Problematic issues in juvenile justice today

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Chronic offenders
Youth gangs
Conditions of youth confinement
Treating children as adults
Zero tolerance
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Problematic issues in juvenile justice today
Chronic offenders
 A small percentage of youths are long-term,
chronic, consistent lawbreakers.
 Research: These youths share factors such
as behavior problems, poor grades, drug or
alcohol use, family problems, abuse or
neglect, and patterns of stealing or running
away.
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Problematic issues in juvenile justice today
Youth gangs
 Membership in a youth gang is a
predictor of chronic delinquency.
 Race is a dimension of many gangs.
 Females are also active in gangs.
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
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Problematic issues in juvenile justice today
Conditions of youth confinement
 Adult prisons
 Ranches and camps
 Boot camp prisons
 Traditional training schools
Criminal Justice: Mainstream and Crosscurrents, 2/e
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© 2010 Pearson Higher Education,
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Problematic issues in juvenile justice today
Treating children as adults
 Judicial waiver: a judge sends the juvenile to
adult court.
 Direct filing: a prosecutor may file charges in
either juvenile or adult court.
 Statutory exclusion: automatically excludes
some juveniles from juvenile court.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Problematic issues in juvenile justice today
Zero tolerance
Policies in which the strict letter of the law
or rule is followed without question or room
for individual discretion on the part of the
authority.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The future of juvenile justice
 Resources will be diverted from
programs that serve young people to
programs that serve the elderly.
 Programs for children will continue to
become privatized.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
25
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The future of juvenile justice
 The juvenile justice system will
continue to transfer young offenders
to criminal courts.
 The age of dependency will continue
to increase.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
26
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The future of juvenile justice
 Technology can level the playing field.
 Trends suggest that the juvenile
justice system may be shifting its
emphasis away from the punish-ortreat dichotomy.
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
27
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Questions

What are the four major differences
between modern adult criminal courts and
juvenile courts?

How is the dark figure of crime related to
juvenile delinquency?

What rights do juvenile defendants have in
common with adult defendants?
Criminal Justice: Mainstream and Crosscurrents, 2/e
John Randolph Fuller
28
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.