0131389033 ppt12

CJ 2011
James A. Fagin

Chapter 12
The Juvenile Justice System:
The Youthful Offender

After completion of this chapter, students should be
able to:
Describe the goals of the juvenile criminal justice system
Discuss major court cases that shaped due process rights of

juvenile offenders
Explain why states are beginning to hold juveniles more

accountable for crime
Detail how juveniles are processed through the juvenile justice

system
 Talk about strategies being used to reduce violence in schools

CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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 The New York House of Refuge juvenile reformatory
was established in 1824

 In 1865, any child could be sent to the House of
Refuge in New York upon the complaint of a guardian

 In 1849, 21% of Maryland penitentiary prisoners were
between the ages of 10 and 20 % were between 12 and
20, and 21% were between 10 and 20

3

 Concept of parens patriae allows state
government to act in place of parents.

 First juvenile court established in 1899 in
Cook County, Illinois.

 Juvenile courts remove the child from
authority of adult criminal courts
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 Status offenders: a child who commits an
act that if they were adults, the court would
not have any authority over them (i.e.
runaways)

 Delinquents: juveniles who commit an act
that is criminal for both adults and juveniles

5

 Kent v. United States (1966)

 In re Gault (1967)

 In re Winship (1970)

 McKeiver v. Pennsylvania (1971)

6

Juvenile court proceedings are not open for the
public to view

Some exceptions:
 Oklahoma Publishing Company v. District

Court in and for Oklahoma City
 Smith v. Daily Mail Publishing Company

7

 The processing of youthful offenders through
the juvenile justice system is quite different
from that of the adult system

 Forces acting on the juvenile justice system
make juveniles who commit violent crimes
more accountable for their actions

8

Does the youthful offender have sufficient
mens rea to appreciate the criminality of his
or her act? Many argue youthful offenders:
Are not fully responsible for their criminal actions
s Do not have the same mens rea or criminal intent as
adults, due to their youth

9

 About 25 states have adopted a Blended
Sentencing Option to create a ‘middle ground’
between traditional juvenile sanctions and adult
sanctions
 Blended sentencing can originate with either
the juvenile court or the criminal court

10

There are more differences among states in the
processing of juveniles in the juvenile justice
system than there are in the processing of
adults in the criminal justice system

11

 Intake – the process whereby a juvenile enters
the juvenile justice system
 Referral – the process where juveniles are
referred (by a parent/guardian, school official,
social worker, juvenile probation officer, or
juvenile court officer) into the juvenile justice
system

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 Juvenile Adjudication Hearing
 Delinquency Petition
 Teen Courts
 Juvenile Drug Courts
 Detention and Probation (Aftercare)
 Residential Placement
 Juvenile Probation (Aftercare)
 Juvenile Boot Camps
 Juvenile Death Penalty
 Life Sentence Without Parole

13

Much attention is focused on explaining
why juveniles commit crimes

14

 Child delinquents (between 7 and 12) are
two to three times more likely to become
serious, violent, and chronic offenders than
adolescents whose delinquent behavior
begins in their teens
 Antisocial careers of male juvenile offender
start, on average, at age 7
 Preschool period is critical in setting a
foundation for preventing the development
of delinquency
15

 Hybrid Youth Gangs
 Have younger members

 Have more female members

 Less involved in drugs/violent crimes than

traditional youth gangs
 Female Gangs
 Females tend to leave the gang around age 20

 Commit fewer violent crimes than male gang

members
 Tend to join gangs because of victimization at

home

16

 National Youth Anti-Drug Campaign
 Drug Abuse Resistance Education (DARE)

Growing Problems:
 Methamphetamine use

 Prescription drug abuse

17

 Preventing school violence has become an
important goal
 Attempts are made to reduce weapons on
school property
 Attempts are made to reduce bullying

18

 Reducing weapons on school property
 Metal detectors

 Paying for information
 Reducing bullying
 Increasing police presence

19

 Banning of cell phones

 Transferring troublemakers to the juvenile
court

 Expelling of disruptive/violent students

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Children are vulnerable victims to certain
crimes, and the public and criminal justice
system work to protect them from
victimization

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 Violence Against Children

 Sexual Exploitation and Child Pornography

 Child Pornography and the Internet

 Missing Children

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 Megan’s Law: requires sex offenders to register
with state law enforcement officials, and this
registration is available to the public
 AMBER Alerts: allows law enforcement
officials to alert the public of a missing or
abducted child

23

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