Chapter 15 Lecture Notes Court Methods and Challenges Sentencing and Punishment PDF

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Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

Lecture Notes Chapter 15: Juvenile Justice: Philosophy, Law, and Practices In the 19th century, many juries were acquitting children who were charged with crimes. Houses of refuge were created to strike a balance between punishment and justice. These workhouses were an early means of separating juvenile offenders from adult offenders. Reformatories were created as detention facilities designed to reform individuals, historically juveniles. The Illinois Juvenile Court Act of 1899 established the first juveniles’ court in the United States for neglected, dependent, or delinquent children under age 16. Juvenile courts have original jurisdiction to hear juvenile crime matters. Status offenses are those crimes committed by juveniles that would not be a crime if committed by an adult. Examples of status offenses include purchasing alcohol or tobacco products, truancy, and violating curfew. Usually a juvenile thought to be on the verge of becoming a delinquent is termed a person in need of supervision, or PINS. The Juvenile Justice and Delinquency Prevention Act of 1974 removed status offenders from secure detention and correctional facilities. Juvenile offending today includes family dysfunction, drugs use and deviance, socioeconomic class, and educational experiences. Parens patriae is a doctrine in which the state is the ultimate parent of the child (and will step in to provide and care for the child if parents neglect those duties). In loco parentis is a doctrine in which the state will act in place of the parents if they fail in their duties to protect and provide for the child. Underlying principles of the juvenile court include the presumption of innocence, least involvement with the system, and in the best interest of the child. The goals of the juvenile justice system are the separation from adults, youth confidentiality, community-based corrections, and individualized justice of minors. Risk assessment and case management tools are discussed. The case flow of the juvenile justice process is discussed in detail. The school-to-prison pipeline is identified and discussed. Custodial options are available: nonsecure and secure. Youth gangs are defined. How and where they proliferate and what works with youth gangs are discussed. Aftercare and reentry are briefly discussed. Significant court cases have been decided concerning right to counsel, the burden of proof standard, trial by jury, double jeopardy, executions, the right to the Miranda warning, and serving sentences of life without parole. Learning Objectives: 15-1: Describe the early treatment of juveniles and history of our juvenile justice system, which includes houses of refuge, reformatories, and the first juvenile court, created in Illinois. 15-2: Explain the unique philosophy, principles, and goals underlying the treatment of youthful offenders by the juvenile court system.

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

15-3: Review the process and flow of cases through the juvenile justice system. 15-4: Discuss whether or not there exists a school-to-prison pipeline and, if so, reasons for and possible solutions to it. 15-5: Describe the types of secure and nonsecure custodial options that are available to juvenile court judges. 15-6: Elaborate on the problem of--and possible solutions to--youth gangs, including the reasons for, and approaches to, providing formal aftercare and reentry services for juveniles. 15-7: Delineate due process and other major rights of juveniles as set forth by the U.S. Supreme Court. 1. Introduction  Assess Your Awareness 2. History of Juvenile Justice  Early Treatment: Houses of Refuge, Reformatories o In the 19th century, many juries were acquitting children who were charged with crimes. o Needed to establish a balance between those who wanted to see justice done and those not wanting them to be incarcerated. o Houses of refuge  Workhouses established in the early 1800s as a means of separating juvenile offenders from adult offenders.  Many of them had not committed any criminal act, and a number were probably status offenders. o Reformatory  A detention facility designed to reform individuals--historically juveniles  Segregate young offenders from adult criminals; imprison the young and remove them from adverse home environments until the youth was reformed; help youth avoid idleness through military drills, physical exercise, and supervision; focus on education--preferably vocational and religious; and teach sobriety, thrift, industry, and prudence.  A Movement Begins: Illinois Legislation o Illinois Juvenile Court Act (1899)  Legislation that established the first juvenile court in the United States  At that time in the United States, juveniles were tried along with adults in criminal courts and sometimes sentenced to prison and occasionally to death.  Other children died in adult prisons.  The act was unique in that it created a special court for neglected, dependent, or delinquent children under age 16; defined a rehabilitative rather than punishment purpose for that court; established the confidentiality of juveniles’ court records to

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

minimize stigma; required that juveniles be separated from adults when placed in the same institution, in addition to barring altogether the detention of children under age 12 in jails; and provided for the informality of procedures within the court. o Juvenile court  A court that has original jurisdiction to hear juvenile crime matters  Status Offenses o A crime committed by a juvenile that would not be a crime if committed by an adult; examples would be purchasing alcohol and tobacco products, truancy, and violating curfew. o PINS (person in need of supervision)  Usually a juvenile thought to be on the verge of becoming a delinquent  Runaways, truants, and other youth who committed acts that would not be criminal if committed by an adult o Juvenile Justice and Delinquency Prevention Act of 1974  Removed status offenders from secure detention and correctional facilities  Prevented the placement of any juveniles in any institutions where they would have regular contact with adults convicted of criminal charges. 3. Unique Philosophy, Principles, and Goals  Parens Patriae and In Loco Parentis o Parens patriae  A doctrine in which the state is the ultimate parent of the child (and will step in to provide and care for the child if parents neglect those duties). o In loco parentis  A doctrine in which the state will act in place of the parents if they fail in their duties to protect and provide for the child.  For police and other criminal justice personnel, there is probably no greater or more aweinspiring duty than having to testify under subpoena in juvenile court that a woman is an unfit mother (and that her parental ties should be legally severed).  Underlying Principles of the Juvenile Court o Presumption of innocence  The premise that a defendant is assumed to be innocent until guilt is established beyond a reasonable doubt o Least involvement with the system  Assumes that minors, like adults, have liberty interests that include the right to be left alone or the right to live in a family situation without state interference. o Best interest of the child  The primary purpose of juvenile justice  Society benefits from programs that help minors mature into law-abiding citizens, and children benefit by being held accountable and developing responsibility.  The amount of evidence may vary depending on the decision maker.  Goals of the Juvenile Justice System

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

o Separation from adults  Reformers argued that children and families needed:  A different form of justice;  Separate courtrooms;  Separate detention centers and institutions to avoid corruption of juveniles by adult criminals; and  Separate sentencing guidelines to avoid the harsh penalties of adult sentencing. o Youth confidentiality  Court proceedings and services for youth reinforces the belief that youth will mature beyond a criminal lifestyle if given proper guidance and alternatives. o Community-based corrections  Young people should learn and grow in their own communities. o Individualized justice of minors  Each case is to be viewed separately.  Probation staff members are to look into the social situation early in the process and be involved in the decision to file a case. o Correlation between the following factors:  Family dysfunction  Family background is one of the most potent influences on juvenile development.  Dysfunctional families transfer dysfunctional norms to their children. Juveniles who live in unstable homes and social environments are deemed to be at-risk children because of their vulnerability to detrimental influences.  Drug use and deviance  Alcohol and tobacco are the drugs of choice for many juveniles.  Socioeconomic class  Children from poor and working-class backgrounds are much more likely to engage in delinquent behavior.  Large numbers of the urban poor are caught in a chronic generational cycle of poverty, low educational achievement, teenage parenthood, unemployment, and welfare dependence.  Educational experiences  Academic achievement is considered to be one of the principal stepping-stones toward success in American society. o Juvenile Offending and Protection: Risk Assessment  Evidence-based assessment instruments 4. Case Flow of the Juvenile Justice Process  Law enforcement diverts many juvenile offenders out of the justice system.  A non–law enforcement agency may divert juvenile offenders out of the justice system.  During the processing of a case, a juvenile may be held in a secure detention facility.  Filing cases in either juvenile or criminal court  A disposition reached in the case  The judge may order the juvenile committed to a residential placement.

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

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Juvenile aftercare, similar to adult parole

5. The Problem of Labeling Disintegrative shaming o Morally condemns and isolates the individual and does not attempt to reintegrate the youth into larger society.  Is there a “school-to-prison pipeline”? o Grounded in racial discrimination o African American youth fare worse in schools than Whites.  Custodial options o Nonsecure o Secure 6. Youth Gangs: An Overview  What defines a youth gang and its members?  How and where they proliferate?  What works with youth gangs?  Aftercare and Reentry o Should include wraparound services that are collaborations between family members and transition specialists. 7. Significant Court Decisions  Right to Counsel o Transfer or remand  The movement or assigning of a juvenile offender to an adult court, because his behavior is such that he is not amenable to the juvenile court’s rehabilitative philosophy. o Kent v. United States  There must be a meaningful right to representation by counsel--who must be given access to the documents being considered by the juvenile court in making its decision--and that the court must also provide reasons for transfer.  The Centerpiece: In Re Gault o Gerald Gault, age 15, was accused of making an obscene call to a neighbor. The police picked up Gerald and took him to the juvenile detention center while his parents were at work. His parents were told later that a hearing would be held the next day, but the charges against Gerald were not explained. o No attorney present and only a judge heard the case. o Ordered to be sent to a state reform school until he was released or turned 21. o The Court held that juveniles were entitled to the same basic procedural safeguards afforded therein, including advance notice of charges, right to counsel and to confront and cross-examine witnesses, and the privilege against self-incrimination.  Burden of Proof Standard o In re Winship 

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

12-year-old boy convicted of larceny in New York. At trial, the court relied on the “preponderance of the evidence” standard of proof against him rather than the more demanding “beyond a reasonable doubt” standard used in adult courts.  The U.S. Supreme Court reversed Winship’s conviction on grounds that the “beyond a reasonable doubt” standard had not been used.  Trial by Jury, Double Jeopardy, and Executions o McKeiver v. Pennsylvania  Juveniles do not have an absolute right to trial by jury.  Discretion of state and local authorities o Breed v. Jones  Fifth Amendment protected juveniles from double jeopardy.  Right to the Miranda Warning o J.D.B. v. North Carolina  In 2011, the U.S. Supreme Court expanded the Miranda warning for suspects to include children questioned by police in school.  The Supreme Court agreed, saying for the first time that age must be considered in determining whether a suspect is aware of his rights.  Serving Sentences of Life Without Parole o A penalty or sentence imposed where the inmate is to serve a life sentence without parole eligibility.  In 2012, the U.S. Supreme Court, combining two cases, ruled that the Eighth Amendment’s ban on cruel and unusual punishment prohibits sentencing any juvenile offender who commits a murder to serve a term of life without parole (LWOP).  Miller v. Alabama and Jackson v. Hobbs  The court had already (in 2010) rejected life sentences for juveniles who had committed a nonhomicidal offense.  Graham v. Florida 8. In a Nutshell--Chapter Summary  Quakers in New York City in 1825 sought to establish a balance between two camps.  The house of refuge movement evolved into a slightly more punitive reform school.  In 1870, the Illinois Supreme Court held it unconstitutional to confine in a Chicago reform school a youth who had not been convicted of criminal conduct or afforded legal due process.  In 1899, the Illinois legislature enacted the Illinois Juvenile Court Act.  In the post–World War II period, status offenses became a separate category.  Although juvenile arrests have been declining since 1996, juveniles still commit about 11% of all violent crimes and about 16% of all property crimes.  Experts agree that there is a correlation between juvenile crime and family dysfunction.  The prevailing philosophy with the treatment of juveniles is parens patriae.  There is an idealistic contrast between the juvenile court process and adults’ criminal procedure, involving different terminology and court processes.  

Peak, Introduction to Criminal Justice 3e SAGE Publishing, 2018

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Most states’ juvenile court acts contain three underlying principles: the presumption of innocence, the presumption of the least amount of involvement with the system, and the presumption of the best interest of the minor. Some authors believe there is a school-to-prison pipeline. Several options exist--both custodial and noncustodial. Youth who is about to reenter the community after being in a custodial facility sorely needs aftercare services, to reduce his or her chances of being rearrested and reincarcerated. Although the number of youth gangs and their members has been increasing, the good news is that youths do not remain in gangs forever, and fewer communities now see gang problems. The primary goals of the juvenile justice system are separation from adults, youth confidentiality, community-based corrections, and individualized justice of minors. Each state’s processing of law violators is unique, depending on local practice and tradition. Several important rights have been granted to juveniles by the courts, in the areas of due process, representation by counsel, advance notice of charges, confronting and crossexamining witnesses, the privilege against self-incrimination, burden of proof standard, having Miranda warnings given, and serving sentences of life without parole....