Juvenile Justice Outline – Donovan – Fall 2014
Introduction
I. History of Juvenile Justice
a. Pre-early 19th century
i. Under 7 – presumption of no culpability
ii. 7-13 – rebuttable presumption that you lack criminal capacity
iii. 14 or older – you are fully responsible and treated like an adult
b. Early 19th century
i. Began to recognize developmental stages
ii. Segregating youths from adults in the northeast
c. Mid-19th century
i. Population migration – this stuff merged to rural and Midwest
d. End of 19th century
i. First juvenile court in Illinois – IL Juvenile Court Act
1. Brings about parole officer and probation officers, the concept of parole, notice requirement, JDX is 16 and under
2. State would now act as parent – parens patriae
3. We want to rehabilitate and not detain the child
ii. Child labor and welfare laws are being enacted as well as compulsory school attendance laws
e. Early 20th century
i. Recognition that childhood is marked by development stages is even stronger – acknowledgement that some children aren’t morally accountable for their behavior yet
ii. Greater degree of social control
iii. Increasing state control – justified with parens patriae and the vulnerability of children
iv. No procedural formalities – in keeping with the idea of discretion by the judge
f. 1970s-1909s
i. Increase in crime. People are fearful that things are collapsing
ii. Lots of drugs and gangs. Lack of low-skilled jobs available
iii. “Get tough” policies
iv. Mandatory minimum sentence enacted for certain crimes, certain crimes are excluded from juvenile court, concurrent JDX being created
II. Statutes after Gault work to build in due process rights
a. Advanced notice of the charges against you – not just to the child, but to the parents as well
b. Fair, impartial hearing (in theory)
c. Right to counsel
d. Confidentiality of records and the proceeding itself
e. Opportunity to confront and cross-examine
f. Privilege against self-incrimination
III. Ex parte Crouse
a. Father challenged child’s commitment to house of refuge saying it was unconstitutional
b. Judge said not valid claim because institutionalization of the child isn’t punishment – it is a way of reforming her
IV. Commonwealth v. Fisher (PA)
a. Can try young offenders without procedural safeguards
b. Parents have rights, but courts can step in when needed
V. In re Gault – Pivotal Case (SCOTUS)
a. Facts:
i. Boy is charged with misconduct and committed to an institution where he will be restrained of his liberty for years. Safeguards available for adults were discarded. He was 15
b. Holding:
i. Child doesn’t have the right to liberty – but he has the right to custody. If the parent isn’t stepping in, the court can step in and decide what is best for the child
ii. Can’t have lack of substance and procedure because it will lead to arbitrariness and unfairness for the child
iii. Juveniles facing an adjudication of delinquency are entitled to certain procedural safeguards under the due process clause
VI. In re Winship (SCOTUS)
a. Proof of delinquency must be established beyond a reasonable doubt
VII. McKeiver v. PA (SCOTUS)
a. No right to jury trial
b. Due process only requires accurate fact-finding, which judge can provide as well as a jury
Juvenile Court Jurisdiction & Jurisprudence
I. Juvenile court is exclusively statutory – no constitutional right to be tried in juvenile court
II. States define JDX based on youth’s age and conduct
III. In most states, juvenile courts have original and exclusive JDX over all criminal matters involving young children
IV. Also exercises JDX over status offenses (truancy, incorrigibility, run away, consumption of alcohol, tobacco, curfew violations)
V. In most states, the upper age for JDX is 18
a. This is the age in AL – 18 or older and you go to adult criminal court
VI. Delinquencies usually result in residential placement or probation – there is a favor for probation
a. Types of residential placement:
i. Mental health facility
ii. Boot camp
iii. Private placement
iv. Department of Youth Services
VII. Types of conditions that are generally put on a kid who gets probation:
a. Curfew, drug screen, ankle monitoring, must attend school, required to maintain “C” average, community service hours, anger management/behavior classes, counseling, restitution if there is a victim, report to PO once a month, stay away from the people you were with before you got in trouble
VIII. Factors to determine capacity – from State v. J.P.S. (Washington)
a. The nature of the crime
b. The child’s age and maturity
c. Whether the child showed a desire for secrecy
d. Whether the child admonished the victim not to tell
e. Prior conduct similar to that charged
f. Any consequences that attached to the conduct
g. Acknowledgment that the behavi
i. D opened fire on classmates at elementary school, one teacher and four students were killed. At the time D was 11 years old
b. Holding:
i. Juvenile has a due process right to have his competency determined prior to adjudication
ii. Gault provides that the essential requirements of due process and fair treatment must be met
iii. Therefore, juvenile must be allowed to assert incompetency and have his competency determined prior to adjudication
iv. However, juvenile doesn’t have a right to assert the defense of insanity
III. Tate v. State (FL App)
a. Facts:
i. Killed a 6 year old girl, wasn’t given a competency hearing before trial, sentenced to life in prison, he was 12
b. Holding:
i. D must be competent to understand plea deals and the consequences of them
PUNISHMENT, TREATMENT, AND SENTENCING JUVENILES
I. In re Eric J. (CA)
a. Facts:
i. Minor committed burglary and in contempt of court for violating prior probation order
b. Holding:
i. We didn’t get to this in class
ii. Code section that provides that the maximum term of confinement for a juvenile is the longest term imposable upon an adult for the same offense, without the necessity of looking at aggravating circumstances to justify the maximum term, doesn’t deny minors equal protection of the laws
iii. Adults and youths who are wards of the juvenile court are not similarly situated
STATUS OFFENSES – NON-CRIMINAL MISCONDUCT
II. Status offense – behavior in which an adult may engage, but which the state prohibits for young people simply because of their age
a. Truancy, running away from home, alcohol possession or use, ungovernability, curfew violations
III. There is a federal statute that says don’t place them into juvenile detention unless the child is guilty of a status offense, probation order is entered, and then the child violates a condition of probation
a. This is probably a good law, because you don’t want to punish them for something that isn’t really a crime
