Intro to Criminal Justice: Juvenile Justice Class Notes
Intro to Criminal Justice: Juvenile Justice Class Notes CCJ 2020
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This 4 page Class Notes was uploaded by Ryan Desjardins on Thursday February 4, 2016. The Class Notes belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 105 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
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Date Created: 02/04/16
Special Topics: Juvenile Justice PowerPoint Notes & Vocab Vocab 1. Poor Laws 17 century laws in England that bound out vagrants and abandoned children as indentured servants to masters (indentured servants). th 2. Child Savers Late 19 century reformers in America who developed programs for troubled youths and influenced legislation creating the juvenile justice system. 3. Children's Aid Society A child saving organization begun by Charles Loring Brace; it took children from the streets in large cities and placed them with farm families on the prairie. 4. Juvenile Court A court that has original jurisdiction over persons defined by statute as juveniles and alleged to be delinquents or status offenders. 5. Juvenile Delinquency Participation in illegal behavior by a minor who falls under a statutory age limit. 6. Status Offender A juvenile who engages in behavior legally forbidden to minors, such as running away, truancy (stays away from school without permission), or incorrigibility (unruly behavior). 7. Detention The temporary care of a child alleged to be a delinquent or status offender who requires secure custody, pending court disposition. 8. Juvenile Waiver A practice in which the juvenile court waives its jurisdiction over a juvenile and transfers the case to adult criminal court for trial. In some states, a waiver hearing is held to determine jurisdiction, whereas in others, juveniles may be automatically waived if they are accused of committing a serious crime such as murder. 9. Transfer Hearing The hearing in which a decision is made to waive a juvenile to the criminal court. Waiver decisions are based on such criteria as the child's age, prior offense history, and the nature of the offense. 10. Disposition The equivalent of sentencing for adult offenders to juveniles. The theory is that disposition is more rehabilitative than retributive. Possible dispositions include dismissing the case, releasing the youth to the custody of his or her parents, placing the offender on probation, or sending him or her to a state correction institution. 11. Commitment Decision of judge ordering an adjudicated and sentenced juvenile offender to be place in a correctional facility. 12. TreatmentThe rehabilitative method used to effect a change of behavior in the juvenile offender, in the form of therapy or educational or vocational programs. ______________________________________________________________________________ PowerPoint Notes The Juvenile Court Process Three judicial hearings in this process 1. Initial Appearance The juvenile is informed of the charges, attorneys are appointed, bail is reviewed. 2. Adjudicatory Hearing the court hears evidence on the allegations stated in the delinquency petition. 3. Disposition the treatment plan for the offender child. The judge imposes a sentence on the juvenile based on the offense, prior record, and family background. a. Typical juvenile court dispositions include a suspended judgment, probation, placement in a community treatment program, or commitment to the state agency responsible for juvenile institutional care. Juvenile Correctional Treatment Three sentencing options 1. Probation the most commonly used formal sentence for juvenile offenders. This is when a child is placed under the supervision of the juvi probation department and given the task of community service, follow special rules such as a curfew or attending substance abuse meetings, and sometimes monetary restitution. 2. Institutionalization Most severe of the statutory dispositions available. Child may be sent to a state training school or private residential treatment facility. These focus efforts on treatment and education. 3. Deinstitutionalization Many people don’t believe in the institutionalization of juveniles, instead they believe its best if instead the juvenile goes through community based programs for treatment. Court cases 7 1. Kent vs United States: Established right to an attorney 2. In Re Gault: 5 basic rights a. Notice of charges b. Right to council c. Right to confront and cross examine witnesses d. Right to the transcript of the trial record e. Right of privilege against self incrimination 3. In Re Winship: State must prove guilt beyond a reasonable doubt 4. McKeiver v Pennsylvania: Do not have right to a trial by jury th 5. Breed v Jones: Juveniles now have 5 amendment right, cannot be tried twice 6. New Jersey vs T.L.O.: School officials have a right to search a child if they believe the child has broke any school rules, doesn’t have to be criminal 7. Roper v Simmons: Execution of a juvenile is unconstitutional. If at the time they committed the crime they were younger than 18 it is unconstitutional 6 Categories of Juveniles 1. The Delinquent child a child who violates criminal law (i.e., who would have been criminally prosecuted had she been an adult at the time of offense) 2. The Undisciplined child a child who is beyond parental control and refuses to obey any type of authority 3. The Dependent child a child who has no parents or guardians to care for him or her 4. The Neglected child a child who does not receive proper care from his or her parent(s) or guardian 5. The Abused child a child who suffers physical, emotional or sexual abuse from a parent or guardian 6. The Status Offender a child who violates laws written for children Steps in the Juvenile Justice System Juvenile petition Detention hearing Adjudication hearing (doesn’t use the word court in juvenile justice system) Disposition hearing Transferring Juveniles to Adult Court Blended sentening Types of blended sentences 1. Juvenile exclusive blend 2. Juvenile inclusive blend 3. Juvenile contiguous blend 4. Criminal exclusive blend 5. Criminal inclusive blend
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