CJ
Chapter 15
The Juvenile
Justice System
© 2011 Cengage Learning
Learning Outcomes
LO1: Describe the child-saving movement and
its relationship to the doctrine of parens
patriae.
LO2: List the four major differences between
juvenile courts and adult courts.
LO3: Describe the four primary stages of the
pretrial juvenile justice procedure.
LO4: Explain the distinction between an
adjudicatory hearing and a disposition
hearing.
LO5: Describe the one variable that always
correlates with highly juvenile crime rates.
© 2011 Cengage Learning
LO 1
Describe the child- saving
movement and its relationship
to the doctrine of parens
patriae.
© 2011 Cengage Learning
Learning Outcome 1
parens patriae:
• The state not only has a right but
also a duty to care for children who
are neglected, delinquent, or in
some other way disadvantaged.
© 2011 Cengage Learning
Learning Outcome 1
Child Savers:
• Illinois Juvenile Court Act (1899)
– First court created specifically for juveniles
guided by parens patriae.
© 2011 Cengage Learning
LO 2
List the four major
differences between juvenile
courts and adult courts.
© 2011 Cengage Learning
Learning Outcome 2
•
•
•
•
No juries
Different terminology
No adversarial relationship
Confidentiality
© 2011 Cengage Learning
Learning Outcome 2
Status Offenses
• An act that is considered grounds for
apprehension and state custody.
• Smoking, drinking, truancy,
disobeying teachers, running away
from home, violating curfew, sexual
activity, profane language.
© 2011 Cengage Learning
Learning Outcome 2
Juvenile delinquency
• Conduct that would be criminal if
conducted by an adult.
© 2011 Cengage Learning
Learning Outcome 2
Constitutional Protections and the
Juvenile Court:
• Kent v. United States (1966)
• In re Gault (1967)
• In re Winship (1970)
• Breed v. Jones (1975)
• McKeiver v. Pennsylvania (1971)
© 2011 Cengage Learning
Learning Outcome 2
• The Supreme Court decisions from
1966-1975 move the juvenile justice
system away from parens patriae
and towards a more formalized
system.
© 2011 Cengage Learning
Learning Outcome 2
Determining Delinquency
• Age
• Culpability
© 2011 Cengage Learning
© 2011 Cengage Learning
LO 3
Describe the four primary
stages of pretrial juvenile
justice procedure.
© 2011 Cengage Learning
Learning Outcome 3
The four primary pretrial stages are:
• Intake
• Pretrial diversion
• Waiver to adult court
• Detention
© 2011 Cengage Learning
Learning Outcome 3
The intake officer has a number of
options:
• Dismiss the case
• Divert the offender
• File a petition
• Transfer the case to adult court
© 2011 Cengage Learning
Learning Outcome 3
Categories of pretrial diversion:
• Probation
• Treatment and aid
• Diversion
© 2011 Cengage Learning
Learning Outcome 3
Methods of transfer to adult court:
• Judicial waiver
• Automatic transfer
• Prosecutorial waiver
© 2011 Cengage Learning
CAREERPREP
Juvenile Detention Officer
Job Description:
• Oversee the detention of juvenile offenders being held in temporary
custody before the adjudicatory process begins. Observe the behavior of
and, when necessary, counsel the juvenile offenders to ensure their safety
during the detention period.
• Maintain personal relationships with the juvenile offenders so as to
supervise their progress in educational, recreational, and therapeutic
activities while housed at the detention center.
What Kind of Training Is Required?
• A high school diploma plus at least three years of work experience
involving children of school age (seven to seventeen years) or one year of
college education for each year of experience lacking.
• Physical agility and strength, as well as a firm manner in dealing with
juveniles who may present severe disciplinary problems.
Annual Salary Range?
$23,300–$33,700
For additional information, visit: www.npjs.org.
© 2011 Cengage Learning
Learning Outcome 3
Detention:
• Justifications for detention:
– The child poses a danger to the community
– The child return for adjudication process
– Detention will provide protection for the child
• Schall v. Martin (1985)
– Supreme Court upheld preventive detention
© 2011 Cengage Learning
LO 4
Explain the distinction
between an adjudicatory
hearing and a
disposition hearing.
© 2011
© 2011
Cengage
Cengage
Learning
Learning
Learning Outcome 4
Adjudicatory hearing:
• Goal – providing the respondent with “the
essentials of due process and fair
treatment.”
• Respondent has right to notice of
charges, counsel, confrontation, crossexamination, and protection from selfincrimination.
© 2011 Cengage Learning
Learning Outcome 4
Disposition hearing:
• Follows the adjudicatory hearing
• Judge decides what steps will be taken
toward treatment or punishment
© 2011 Cengage Learning
Learning Outcome 4
Sentencing Juveniles:
• The needs of the child
• Predisposition report
• Judicial discretion
© 2011 Cengage Learning
Learning Outcome 4
Juvenile corrections is based on the
concept of graduated sanctions:
• Probation (the most common
sanction)
• Non-secure confinement
• Secure confinement
• Aftercare
© 2011 Cengage Learning
Learning Outcome 4
Non-secure confinement:
• Foster care
• Group homes
• Family group homes
• Rural programs
© 2011 Cengage Learning
Learning Outcome 4
Secure Confinement:
• Boot camps
• Training schools
Aftercare:
• Focused on reentry
© 2011 Cengage Learning
CAREERPREP
Youth Worker
Job Description:
• Provide safety, security, custodial care, discipline, and guidance
for youths held in juvenile correctional facilities.
• Play a critical role in the rehabilitation of youthful offenders and,
as a result, have a potentially great impact on their success
during and after incarceration.
What Kind of Training Is Required?
• A bachelor’s degree in human services, behavioral science, or a
related field.
• Professional and respectful communication skills and a
commitment and dedication to the needs of adolescent offenders
and their families.
Annual Salary Range?
$33,000–$52,000
For additional information, visit:
www.youthtoday.org/template/index.cfm.
© 2011 Cengage Learning
Mastering
Concepts
The Juvenile Justice
System versus the
Criminal Justice System
© 2011 Cengage Learning
Learning Outcome 4
Juveniles are responsible for:
• 10 percent of all murders
• 13 percent of all aggravated assaults
• 15 percent of all forcible rapes
• 23 percent of all weapons arrests
• 27 percent of all robberies
• 26 percent of all property crimes
• 11 percent of all drug offenses
© 2011 Cengage Learning
Source: Office of Juvenile Justice and Delinquency Prevention, Statistical Briefing Book,
at www.ojjdp.ncjrs.org/ojstatbb/crime/JAR.asp.
© 2011 Cengage Learning
Learning Outcome 4
Reasons for the decline in juvenile
arrest rates:
• Decline of crack cocaine
• The increase of police action
against “quality-of-life” crimes
• “zero-tolerance” policies
© 2011 Cengage Learning
Learning Outcome 4
School Violence:
• Juveniles are 50x more likely to be
murdered away from school
• Schools are safer today than they
have been in the past
• 85% of schools control access during
the school day
© 2011 Cengage Learning
LO 5
Describe the one variable that
always correlates highly with
juvenile crime rates.
© 2011 Cengage Learning
Learning Outcome 5
Risk factors for juvenile offending:
• Age
• Substance abuse
• Child abuse and neglect
• Gangs
• Guns
© 2011 Cengage Learning