Understanding the
Criminal Justice System
Part 14
Juvenile Justice
1. Two distinct justice systems
- adult / juvenile
- separate systems
- laws / personnel / procedures / terminology /
facilities
a. Laws
- criminal law
- both adult / juvenile
(1) Status offenses
- apply to juveniles
- committed by adult = not a crime
(a) Curfew / truancy / runaway / drinking
b. Personnel
- deal specifically with juveniles
(1) Police
- SRO (DARE / GREAT)
- school security
(2) Courts
- judges = superior court
- commissioners
(3) Corrections
- juvenile detention centers
- state juvenile facilities
(a) Probation officers
(b) Parole officers
(c) Other public / private youth facilities
c. Procedures
- different from adult system
(1) Keep separate from adults
(2) Advice to rights
(3) Notify parents / guardian
(4) Issuing criminal citations
d. Facilities
- separate holding facilities
- separate courts
- separate state institutions
e. Terminology
- wording different from adult system
Adult
Juvenile
crime / criminal act = delinquency / delinquent
criminal
delinquent
arrest
taken into custody / detained
interrogate
interview
booking process
intake process
arraignment
detention hearing
information filed
petition filed
pretrial hearing
show-cause hearing
• 2. Managed / processed through “civil authority”
• - English influence = 12th century
• - King = Doctrine of Parens Patriae
• - father of country / all children
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a. Delinquency / welfare of children
- English Common Law
- Under age 7 not accountable for actions
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b. Could remove children from parents
- work houses / orphanage / private homes
• 3. American system
• - similar system in colonies
• - tried / punished like adults
• - House of Refuge late 1700s
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a. Child Savers movement
- religious foundations / private individuals
- parental authority decreased
- state interests became primary
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b. Era of Socialized Justice
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- protection of child became foremost
- emphasis = complete picture of delinquent
- education / family / psychological / social
c. Determine appropriate care / training
- courts: what they believed best for child
- informality within juvenile court system
- “caseworker approach”
- no prosecution / defense / formal hearing
- judge / police officer / case worker
- “hands off” doctrine = juvenile justice
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d. Until 1967: two philosophies
- what court did = best interest of juvenile
- to convict = preponderance of evidence
• 4. Gault vs. Arizona (1967)
• - crime committed
• - 15 yr. old male juvenile
• - arrested = detention / parents not notified
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a. Informal hearing
- best interest of juvenile
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- state institution until 21 years of age
- adult committing same crime ??
b. US Supreme Court
- parent’s appealed
- 14th Amendment applied to juveniles
- gave most rights to juveniles
- attorney / transcripts / present witnesses
- still preponderance of evidence
- “In re Winship” = proof beyond
- Gault established legal rights for juveniles
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c. Moving away from parens patriae concept
- becoming more adversarial
- more formal than informal
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d. Juvenile courts still not a criminal court
- deal in special ways with children
- court of law / social service agency
- set up as welfare agency to protect / rehabilitate
- also to protect society from delinquents
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e. Still a civil system
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- is adversarial
- typical of adult system
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f. States changing their laws
- Washington = 21 years
- Texas = 15 years
• 5. Juvenile rights
• - Uniform Juvenile Court Act – 1968
• - Miranda Rights / self-incrimination
• - proof beyond a reasonable doubt - 1970
• 6. Juvenile courts
• - 1945 = courts present in all states
• - 3 types of juvenile courts
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a. Autonomous
- separated from all other courts
- judges spend time only on juvenile matters
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b. Coordinated
- heard in family of domestic courts
- adoption / marriage / divorce / delinquency
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c. Designated
- presides over criminal / civil cases
- hear juvenile matters also
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d. Washington State
- designated juvenile courts
- superior court
- judge or commissioner
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(1) Local juvenile court
- 3 superior court judges / one for juvenile