| |
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
juveniles options are part of the judges 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 1970s 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 |
| societys 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. |
|
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