Arrest

taken into custody

Court Intake

cases are screened out of the system
they do no warrant a formal court hearing
prosecutor assesses the legal adequacy of the case and may dismiss it

Intake Worker

assign a child to informal probation, in the absence of a court order
lecture the juvenile, rather than file a petition
delay the intake decision, pending restitution or some other action
ask the judge to lecture the juvenile
file a petition

Detention

temporary confinement of children without a physically restructuring facility pending adjudication, disposition, or implantation of disposition.

protect child
protect society from further law-breaking
prevent child from absconding

Schall v. Martin

allows pretrial detention of a juvenile who, if released, poses a "serious risk" of committing an adult crime

Who is Detained?

In 1995, most cases in which juvenile were detained involved drug or alcohol offenses.

1,714,300 juveniles were referred to juvenile court, a 45% increase from 1986.

Detention Centers and Jails

In 1996 8100 juveniles were held in adult jails.

Adjudication Hearing
Miranda warning is also given to parents.
outcome is sustaining, dismissing, or continuing a petition of delinquency

Disposition Hearing

informal discussions about the juvenile’s options are part of the judge’s decision-making
probation most likely

Diversion

informal adjustment
mediation
community youth boards
diversion programs

Right to Due Process

Kent v. United States

hearing before a case in juvenile court can be waived to criminal court
Justice Fortas said the juvenile justice system was the "worst of both worlds."
stripped away parens patriae

In re Gault

Gerald Gault accused of making a lewd phone call.
Overall justification was parens patriae and the best interests of the child.
Justice Fortas said "neither the Fourteenth Amendment nor the Bill of Rights" is for adults only.
Limitation - restricted to what goes on in the adjudication stage.

In re Winship

Since a juvenile can lose freedom, the state must prove its case beyond a reasonable doubt.

McKeiver v. Pennsylvania

declined to extend a constitutional right to jury trial to juveniles.
Jury trials bring with them delay, formality, and the clamor of the adversary system.
Dissenting judges argued that potential loss of liberty is as significant an issue for a child as it is for an adult, so full constitutional protections should apply.

Breed v. Jones

children protected from double jeopardy

Stanford v. Kentucky

death penalty may be imposed on people who committed their crimes when they were 16 or 17 years old
Justice Scalia - a 16 year old is mature enough to understand that murder is profoundly wrong.

Thompson v. Oklahoma

execution of 15 year old unconstitutional

Right to Public Hearings

Confidentiality

traditionally protected confidentiality
By 1996, 22 states provided for open hearings for certain cases.

Media

series of cases in the 1970’s Supreme Court eroded the principle that media must not disclose the identity of a juvenile in connection with any juvenile court proceeding.

Oklahoma Publishing Co. v. District Court

struck down injunction prohibiting the media from publishing the name or photograph of an 11 year-old boy being tried before a juvenile court.

Smith v. Daily Mail Publishing Co.

14 year old boy who shot and killed a classmate in school (1979)
when information is lawfully obtained, the state cannot prohibit its publication

Destruction of Records

Is delinquency actually criminality?
Will juvenile records that are leaked

Transfer to Criminal Court

Reasons

seriousness of offense (violent crimes)
older youths and long criminal records
society’s frustration with serious juvenile offenders
Legal Criteria
In 1994, Congress lowered the minimum age for transferring juveniles to adult prosecution for certain serious violent federal offenses to 13.
In most states, 17 is the upper age limit for juvenile court jurisdiction.

Judicial Waiver

the juvenile court judge is the primary decision-maker

Legislative Waiver

Legislatures provide that the most serious or persistent offenders, or those over a certain age, are automatically prosecuted as adults.

Prosecutorial Waiver

Prosecutors have the discretion to file charges in either juvenile or criminal court.

Who is Transferred?

One percent of all petitioned delinquency cases in 1995.
Nearing age of juvenile court jurisdiction, is accused of a serious offense, and has a lengthy prior record.
Most youths who meet the statutory-age and offense criteria for waiver are not transferred to criminal court.