Chapter 14
Juvenile Justice, Probation,
and Parole
Introduction



Although the rate of juvenile crime has declined,
juvenile arrests still account for 17% of all violent
crimes and 26% of all property crimes each year in the
U.S.
The juvenile justice system seeks to do what is best for
the welfare and safety of each juvenile’s situation.
On the other hand, the theory of just deserts advocates
accountability for youth offenders.
LO: 1
In re Gault:
The Decline of Parens Patriae



The leading due process case in juvenile justice is In re Gault
(1967).
The U.S. Supreme Court said that “neither the Fourteenth
Amendment nor the Bill of Rights is for adults alone.”
In re Gault is significant because it was the first case decided
by the U.S. Supreme Court that gave juveniles due process
rights, but it was also the beginning of the decline of the pure
parens patriae approach.
LO: 2
Significant Legal Cases


Kent v. United States (383 U.S. 541 [1966]):
Juveniles must be given due process rights when
transferred from juvenile to adult court.
In re Winship (397 U.S. 358 [1970]): Proof beyond a
reasonable doubt, not simply a preponderance of the
evidence, is required in juvenile adjudication
hearings in cases where the act would have been a
crime if committed by an adult.
LO: 4
Significant Legal Cases, Con’t.




Breed v. Jones (421 U.S. 517 [1975]): Juveniles are entitled to the
constitutional right against double jeopardy in juvenile proceedings.
Schall v. Martin (467 U.S. 253 [1984]): Preventive detention of juveniles
is constitutional.
New Jersey v. T.L.O (469 U.S. 325 [1985]): Public school officials need
reasonable grounds to search students; they do not need a warrant or
probable cause.
McKeiver v. Pennsylvania (403 U.S. 528 [1971]): Juveniles have no
constitutional right to trial by jury even in juvenile delinquency cases
where the juvenile faces a possible incarceration.
LO: 4
Gault’s Due Process
 Reasonable notice of the charges
 Counsel, appointed by the state if the juvenile is
indigent
 The ability to confront and cross-examine
witnesses
 The privilege against self-incrimination
LO: 2
Juvenile and Adult Systems

Despite the growing similarity between juvenile
and adult criminal proceedings, some
differences persist:



The role of the juvenile court judge
The severity of the punishment imposed
The imposition of the death penalty as an ultimate
sanction
LO: 3
Differences in Systems



Terminological differences are more symbolic
than substantive.
The terms have minimal impact on the process
because the procedures are similar regardless of
the language used.
For example, sentencing and disposition both
subject the offender to lawfully prescribed
sanctions, including incarceration.
LO: 3
Jurisdiction of Juvenile Courts

The jurisdiction of juvenile courts varies from state
to state and is based on:


Age - most states have a youngest age of 10 and an oldest
age of 17 years at the time the act was committed.
Acts committed are based on 2 types:
 Juvenile delinquency - acts punishable under the
state’s penal code.
 Conduct in need of supervision (CINS) - acts that
would not be punishable if committed by adults.
LO: 5
Transfer Provisions

All states provide the means for the transfer of
jurisdiction from juvenile to adult courts by 1 of
the following:



A Judicial Waiver, in which the judge has the authority to
transfer the case.
Concurrent Jurisdiction, where jurisdiction is shared by
both courts and the discretion lies with the prosecutor.
Statutory Exclusion, in which the legislature excludes
certain juveniles from juvenile court jurisdiction.
LO: 4
Overview of
the Juvenile Justice Process

Procedure before Adjudication



Juvenile behavior is brought to the attention of the
government by diverse sources.
Juvenile cases are handled formally or informally.
The Intake Stage

The intake process - usually a probation officer
screens the juvenile to determine if the case should
proceed further.
LO: 4
Juvenile Justice Process

The Adjudication Stage


The Disposition Stage


Disposition is the equivalent of sentencing in adult court, but the
judge has more discretion.
Blended Sentences


Adjudication is the equivalent of a trial in adult court.
As of 2004, 15 states authorized juvenile courts to impose adult
criminal sanctions on certain juvenile offenders.
Release from an Institution

If confined to an institution, release is left to the discretion of
institutional officials.
LO: 4
Juvenile Probation



As it is with adults, probation is the disposition
most often used by judges when formally
adjudicating juvenile delinquency cases.
Juvenile court judges have wide discretion to
set conditions typically designed to control as
well as rehabilitate.
Juvenile probation conditions are both
mandatory and discretionary.
LO: 5
Change/Superheroes


Changing attitudes and behaviors is a difficult
and sometimes painstaking process. The change
process is the essence of juvenile probation, and
its most effective tool for rehabilitation.
Termed by Jacobs as modern day “superheroes”
the creativity and sacrifice the officers make in
their jobs despite the system barriers is
noteworthy (Jacobs 1990).
LO: 1
ISP and School Based Probation



Intensive Supervision Probation (ISP) provides
intensive surveillance and contact aimed at reducing
criminal conduct.
School-based probation places probation officers in
middle, junior high and high school buildings, and
has been found to be effective.
Benefits of school-based probation are: more contact,
better monitoring, and focus on school success.
LO: 4
Fare v. Michael C.

In Fare v. Michael C. (1985), the Supreme
Court determined that:
 Communications between a juvenile and his
probation officer are not privileged.
 A probation officer’s loyalty is to the state,
not the probationer.
LO: 2
Juvenile Records




One traditional characteristic of juvenile
proceedings is confidentiality.
A member of the public does not have access to
the probation record of a juvenile.
The exception is in cases where such records
are made public by state law.
The fact that a juvenile is on probation is a
matter of public record.
LO: 4
Juvenile Parole Aftercare



Often termed “aftercare,” juvenile parole is
concerned with creating a smooth transition
from the institution to the community.
While functioning much the same as juvenile
probation, juvenile parole is an act of the
executive branch rather than the judicial branch.
6 states have separate juvenile parole boards.
LO: 5
Parole Officers

Juvenile parole officers are responsible for:






PDRs and other investigations, report writing
Supervising caseloads
Processing violations, coordinating community
resources and agencies
Providing family-centered intervention to families,
Coordinating placement, managing case plan
Evaluation of juvenile parole programs reflect the
necessity of parallel services in the corrections
facility as well as following release.
LO: 5
Revocation


Revocation can result in the juvenile
probationer or parolee going to an institution for
juveniles.
Unlike adult probationers who must serve the
originally imposed jail or prison term (subject
to parole law), juveniles are kept in state
institutions only until they reach the age of
majority (adulthood).
LO: 4
Evaluation


Research conducted on parole success is mixed.
Recommendations are that aftercare programs “must
be preceded by parallel services in the corrections
facility and must include careful preparation for the
aftercare to follow,” and that these programs should
be funded and staffed at levels that enable them to
provide enhanced service delivery.
LO: 5
Future



The juvenile justice system is over 100 years old, and
in that time, it has undergone a huge transformation
into the system we have today.
While the future of the juvenile court as a separate
entity from the adult system is still debated, the
juvenile system we have now seems to be more
balanced with elements of both rehabilitation and
punishment.
The authors believe that the future looks bright. LO: 1
Selected Summary Points



Juvenile justice in the United States is heavily influenced by
parens patriae and the concept of diminished mens rea.
Juvenile courts are an American creation and have jurisdiction
based on age and acts committed.
Juvenile delinquency refers to acts that, if committed by
adults, are punishable under the state’s penal code. Conduct
in need of supervision comprises acts committed by juveniles
that, if committed by adults, would not be punishable at all.
LO: 2