Juvenile Justice Chapter 6 Notes PDF

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Introduction •Intake is the first screening where important decisions are made. •The intake process has become more formalized. What Is Intake? (1 of 3) •Intake is a screening process usually completed by juvenile probation officers. ●It is the second major step in the juvenile justice process. •Police refer the largest number of delinquency cases to the juvenile court Decisions at Intake (1 of 2) •During intake, decisions involve: ●Unconditional release of the juvenile from the system. ●Release to parents subject to a subsequent juvenile court appearance. ●Released to a community-based services. Decisions at Intake (2 of 2) •During intake, decisions involve: ●Temporary placement in a secure confinement subsequent to a juvenile court appearance. ● Placement on informal probation. ● Referral to prosecutor or judge for formal processing or waiver to the adult system. What Is Intake? (2 of 3) •Intake usually occurs in the office of the intake officer. •Juvenile and the parents/guardians usually attend. •Attorney may attend as well. •Generally they are informal. •Intake officer gathers information and asks for a social history. What Is Intake? (3 of 3) •Variations exist during the intake process, especially regarding the constitutional rights and due process guarantees extended to juveniles. ● U.S. Supreme Court has not extended the full range of due process guarantees for juveniles. Discretionary Powers of Intake Officers (1 of 3) •Intake proceedings: ●Are not open to the public. ●Involve few participants. ● Are informal. ●Are not guided by specific rules and regulations. Discretionary Powers of Intake Officers (2 of 3) •Intake officers utilize their powers of observations, expertise, and past experience. •Every case is different. •Long-term effects on intake decision making can be serious and have profound implications for juvenile offenders

Discretionary Powers of Intake Officers (3 of 3) •Forms and screening instruments (like standardized questionnaires) are used in making decisions. ●Primarily diagnostic; not predictive ● Aid in determining appropriate interventions •Juvenile probation officers do not have full adjudicatory authority like a juvenile court judge. •Prosecutors usually must consent to deferring prosecution. Juvenile Probation Officers •Juvenile probation officers are vested with limited powers. •They do not have full adjudicatory authority of judges. Discretionary Powers of Intake Officers •Juvenile probation officers can divert a case to social services, recommend a full-fledged prosecution, or request deferred prosecution. •They oversee special conditions ordered in deferred prosecution and in formal probation. Increasing Formalization of Intake (1 of 5) •More cases are being formally processed in recent years. •Intake officers need to provide fair and equitable treatment of juveniles. •Both legal and extralegal factors influence intake decision making Increasing Formalization of Intake (2 of 5) •Legal Factors That Influence Intake ●Offense seriousness ●Type of crime ●Prior record ●Inculpatory and exculpatory evidence ●Age Increasing Formalization of Intake (3 of 5) ●Extralegal Factors That Influence Intake • Race • Gender • Ethnicity • Age • Socioeconomic factors • Juvenile attitudes • School grades • Parental involvement Increasing Formalization of Intake (4 of 5) •Primary reason for early involvement of juvenile defense attorneys is to ensure due process rights are not violated. ●May minimize the impact of extralegal factors. •Presence of defense attorneys has positive and negative effects on the juvenile proceedings. Increasing Formalization of Intake (5 of 5)

•Positive Responses of Defense Counsel ●Perseverance of due process ● Juvenile law applied more precisely •Negative Effects of Defense Counsel ●Juveniles’ rights might be minimized ●Laws might become relaxed ● Can make the case more “criminal” ● Greater likelihood for labeling ●More formal court Emphasis on Greater Accountability (1 of 2) •Youth are being held more accountable for their actions. •Intake officers are being held more accountable through recent legislation and policies. Emphasis on Greater Accountability (2 of 2) •Intake functions and nonadversarial resolutions are being expanded. ● This provides for a smoother and more efficient system. •The court is also held more accountable for case processing and management. •This is a shift away from informal treatment and the parens patriae doctrine. Where Do We Go from Here? •Intake officers decide whether additional steps are necessary in juvenile offender processing. •Offenders can go to community-based services for treatment. •Offenders can be detained in secure facilities. •Offenders can be dismissed of the charges. •Failure to comply with the intake officer’s decision can result in the formal petition to appear before the judge. Intake Compared with Plea Bargaining •In plea bargaining, the prosecutor and defense attorney negotiate a guilty plea and a sanction that are acceptable to both parties. •Plea bargains occur before a trial. •Offender waives certain constitutional rights when agreeing to a plea deal. •A plea bargain is an admission of guilt. •Plea bargaining expedites the criminal justice process. Parens Patriae Persists •Many intake officers support the parens patriae philosophy. ●Diversion of cases ●Acting in the best interest of the child ●Avoidance of labeling •Absence of programming limits dispositional options. •Increasingly, serious offenders are referred to juvenile prosecutors for transfer to criminal courts. Legal Factors (1 of 7) •Offense seriousness addresses bodily harm or death as a result of juvenile’s actions. •Crimes against persons or violent crimes: ● Forcible rape, aggravated assault, robbery, and homicide

●Drug use Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved Legal Factors (2 of 7) •Screening mechanisms and classification functions aid intake officers informally to categorize juveniles according to legal and extralegal criteria. •Discretionary powers of intake probation officers are in some ways equivalent to prosecutors in criminal courts. Legal Factors (3 of 7) •Types of crimes committed is another legal factor used in screening cases. ● Is it property related or violent? ● Is it a felony or a misdemeanor? ●Were the victims injured Legal Factors (4 of 7) •Types of crimes committed is another legal factor used in screening cases. ● Did the juveniles act alone or with others and what role did the youth play in the offense? ●Was the youth the initiator or the leader? Legal Factors (5 of 7) •Inculpatory evidence is incriminating evidence. ●Direct evidence ●Tangible objects ●Totality of circumstances Legal Factors (6 of 7) •Exculpatory evidence is exonerating evidence. ● Address alibis ●Issues that mitigate the seriousness of the offense Legal Factors (7 of 7) •Prior record also merits consideration. ●Can suggest persistence and chronicity and rejection of past attempts at intervention. ● Can also suggest improper diagnosis and placement that did not meet the youth’s needs. Extralegal Factors (1 of 9) •Extralegal factors can aid in individualizing decisions and balancing interests and objectives. •Goals of the balanced approach: ●Protecting the community ●Imposing accountability for offenses ●Equipping juvenile offenders to live productively and responsibly in the community Extralegal Factors (2 of 9) •Age is both a legal and extralegal factor. •Extralegal ● Older youth may be more responsible for their actions and treated that way. ●Younger youth are also treated more seriously; it is a predictor of chronic and persistent recidivism.

Extralegal Factors (3 of 9) •Extralegal ●Age also impacts culpability and influences the youths decision making. •Robbery by a 12-year-old is different than robbery by a 15-year-old. Extralegal Factors (4 of 9) •Gender ●The influence of gender on intake decision making has not been investigated extensively because there are fewer female juvenile offenders. Extralegal Factors (5 of 9) •Gender ●Explanations for gender differences include: •Different socialization experiences •Impulsivity •Self-control differentials •Victimization and abuse Extralegal Factors (6 of 9) •Gender ●Girls are more likely to enter the juvenile justice system through status offenses. ●Girls are less likely to recidivate. ●Differential treatment based on gender continues. ● Formal processing is more likely to occur with boys. Extralegal Factors (7 of 9) •Race and ethnicity ● Appear to be significant predictors in arrest, detention, and decisions to file formally. ●Minorities are disadvantaged. ●Hardships attending intake meetings. Extralegal Factors (8 of 9) •Race and ethnicity ● Viewed as having uncooperative parents or appropriate supervision. ● Minority youth might have lower academic records or more disciplinary infractions. Extralegal Factors (9 of 9) •Socioeconomic status (SES) ● The poor have also been disenfranchised. ● Low SES families often can’t afford treatment in order to prevent the youth from being formally processed. ●Reduced quality of legal defenses. ●Tend to acquiesce and accept systemic sanctions. Preliminary Decision Making: Diversion and Other Options (1 of 2) •Intake officers aspire to help youth and minimize recidivism. •Recidivism is any type of new offense following prior offense history. ● Used as a measure of program success.

● Hard to compile reliable and accurate information on recidivism. ● Youth recidivism is believed to be comparable to adult recidivism. Preliminary Decision Making: Diversion and Other Options (2 of 2) •Research shows that only a small proportion of youth account for the majority of the violent crimes committed. •Research also shows that many youth classified as chronic offenders do not persist in these behaviors into adulthood •As a result, diversion from the formal juvenile justice system is a priority. How Should We Deal with Chronic Violent Offenders? •Harsher measures and long periods of incarceration have been found to not be effective with chronic violent offenders. •Limited budgets reduce use and availability of effective treatment and community services. Is There Too Much Juvenile Incarceration? •Arguments have been made that secure confinement is overused. ●Punitive sanctions are disposed too often when alternative community-based sanctions, which are cost effective and reduce recidivism, are available. Assessment of Guardianship •Children in need of supervision (CHINS) often are need of additional assistance. ● Departments of Health and Human Services, social welfare agencies, and family crisis or intervention centers a...