Juvenile Justice History Review
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New York House of Refuge
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First juvenile detention center
Became a place to put delinquent youth
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Included kids without parental supervision
The Illinois Juvenile Court Act
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First court established with specific jurisdiction
over children charged with crimes and other
various behaviors or conditions
Juvenile Justice History Review
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Kent v. United States
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Established due process for juveniles
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For example: the right to counsel
In re Gault
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Added due process rights
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Notice of the charges
Notice of the right to counsel
The right to confront witness
Juvenile Justice History Review
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Juvenile Justice and Delinquency Prevention
Act of 1974
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Established federal guidelines for the juvenile
justice process
Created the OJJDP to collect statistics on juvenile
offenses
Juvenile Justice
Examining the Process
juvenile delinquency
A special category of offense created for youths—
that is, in most U.S. jurisdictions, persons under the
ages of 17 and 18.
Juvenile Justice Terms
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Adult Term
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Crime
Arrest
File Charges
Not Guilty Plea
Guilty Plea
Trial
Found Guilty
Sentencing
Jail
Parole
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Juvenile Term
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Offense
Take into custody
Petition
Denial
Admission
Adjudication hearing
Found delinquent
Disposition
Detention
Aftercare
The Legal Context of the
Juvenile Court
• The doctrine of parens patriae served as
the foundation for the juvenile court
parens patriae
The legal philosophy justifying state intervention in
the lives of children when their parents are unable or
unwilling to protect them.
The Formal Juvenile Justice Process
The police represent the primary gatekeepers
to the formal juvenile justice process.
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85 percent of delinquency cases referred to
the juvenile courts come from police
agencies.
Status offenses are often referred by others.
status offenses
Acts that are not crimes when committed by adults
but are illegal for children (for example, truancy or
running away from home).
Intake
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No Action (case ends)
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Formal charges
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Diversion (informal actions)
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Community service, counseling, restitution,
academic programs
intake screening
The process by which decisions are made about the
continued processing of juvenile cases. Decisions
might include dismissing the case, referring the youth
to a diversion program, or filing a petition.
Diversion
The goal of juvenile diversion programs is to
respond to youths in ways that avoid formal
juvenile justice processing.
Diversion usually occurs before adjudication.
Detention Hearing
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Similar to pre-trial release
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Must determine flight risk and willingness to
return to court
Transfer Hearing
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In some cases, juveniles will be transferred
to the adult court system
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This is a hearing to determine if the juvenile
should be transferred (typically a formality)
Adjudicatory Hearing
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The juvenile’s trial
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No jury
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One judge
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Can still call witnesses
Disposition Hearing
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Also known as a sentencing hearing
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A number of different sentencing options are
allowed in juvenile courts
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For example:
Sentencing Options
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Juvenile detention
Residential or nonresidential services
Probation – supervision
Community service
Apologies
Essays
Educational workshops
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Drug testing
Counseling
Victim awareness class
Victim/offender
mediation
Jail tour
Teen court
Mentoring
You Be the Judge
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Eric?
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Marcia?
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Jose?
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Angela?