Illegal Juveniles facing our
Criminal Justice Systems
Adjudication, Custodial, Detention,
Diversion
Adjudication-Legal process where the judge
review evidence and decide the case
The Juveniles as illegal immigrants
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Adjudication of juveniles immigrants
Detention in local jails
Custodial to deportation
Diversion- C.J.S. is a form of sentencingprograms run by police dept., court or D.A.
Biological Theory-Principles of Crime
Focus on the mind & human Behavior
• Unlike the classical and neoclassical tradition
that considers free will and external forces as
to cause of behavior. Biological theories look
to internal sources, including genetic or
heredity and physical makeup.
• Considerer physical traits as facial features,
body type and shape of the skull as causes of
criminality.
Biological theories of crime causation
make fundamental assumptions:
• The brain is the organ of the mind and focus of
personality
• The basic determinant of human behavior,
including criminal tendencies. Gender and racial
differences in rates and types of criminality
between sexes and racial groups.
• The interplay among heredity, biology and social
environment provides the nexus for any realistic
consideration of crime causation.
• (Schmalleger p.48).
The Illegal Immigration and the last
Elections
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Illegal juveniles brought to America as babies
Target group and juveniles immigrants history
Hispanic Immigrants Organizations
Juveniles in detention institutions
Rights of the juveniles
Relationship juvenile brain and juvenile behavior
Recommendation: Appeal to the government to
extend a broad immigration reform with special
inclusion to the juveniles with no convictions.
Link between Biological Theory and
Juveniles Behavior
• In deed, I think that the population of juveniles
who immigrate to this country do not have
tendency to commit criminal acts. Their crime is
cross the boarder and look for the American
dream like the American history migration, this is
a country of immigrant people.
• The yougth people who delinquents, there exist
a relation between their immature brain, their
behavior and the social conditions in which he or
she develops.
Article Supreme Court of Justice
Juvenal Landmark Cases
Illegal Juvenile that enter the United Sates without any authorization have grounds to be charged with criminal entry in
the country and there has not rights under any local, federal or constitutional law. As the juveniles that born in the U.S.
Juveniles rights has been established by the court these vulnerable populating got how the same court said “The Worst
of the
Both worlds”.
In the landmark opinions Kent v. United States, 383 U.S. 541 (1966) and In re Gault, 387 (1967), The Supreme Court
evaluated juvenile court proceeding and children’s constitutionally guaranteed rights
.
1-
in proceedings was deprived of
constitutional rights and
rehabilitating promised under
earlier juvenile court philosophy and
statues so grounds were found that
the child receives “the worst of both
worlds.” On May
15
1967,
the
.
Supreme Court rendered its first
decision in the area of juvenile
delinquency procedure.
The decision of the U.S. Supreme court
ruled at least the following rights:
• Right to notice of the charges in time to
prepare for trial
• Right to counsel
• Right to confrontation and cross-examination
of his or her accusers
• Privilege against self-incrimination, at least in
court. Many other rights has been acted, after
another cases ruled.
The congress passed the Juvenile
Justice and Delinquency Prevention
Act
• In 1974 (Public Law 93-415) this act required a
comprehensive assessment regarding the
effectiveness of the existing juvenile justice
system. The intent of the act was to clearly
identify those youth who are victimized or
otherwise troubled but have not committed
criminal offenses and to divert such youth from
institutionalization. And also intended to
promote he utilization of resources within the
juvenile justice system to more effectively; deal
with youthful criminal offenders.
• In the case of In re Gault, 387 U.S. 1 (1967) the
decision ended the presumption that the
juvenile courts were beyond the scope or
purview of due process protection. With In re
Winshiip, 397 U. S. 358 (1970), the supreme
court held that to justify a court finding of
delinquency against a juvenile, the burden of
proof must be beyond a reasonable doubt
that the juvenile committed the alleged
delinquent act.