Chapter 17 Vocabulary & Outline

"Juvenile Justice"

Vocabulary.
01. Delinquency - A criminal act committed by a person under the age of the majority.

02. Status offenses - Undesirable behaviors that are unlawful only for juveniles, including habitual truancy, curfew violations, repeated running away, and ungovernability or incorrigibility in failing to respond to the reasonable requests of parents.

03.Parens patriae - (the state acts as a parent) The view that juvenile law violations are a sign that parents cannot or will not take care of their child adequately and that it is up to the state to step in and act in his or her best interests, thus preventing future misbehavior.

04. Double jeopardy - A constitutional provision that a person cannot be criminally prosecuted twice for the same crime.

05. Detention center - A short-term secure facility that holds juveniles awaiting adjudication, disposition, or placement in an institution.

06. Shelter - A short-term nonsecure facility that operates like a detention center but within a physically unrestricted environment.

07. Reception/diagnostic center - A short- term facility that screens sentenced juveniles for assignment to an appropriate level of custody.

08. Training school - A long-term secure facility for adjudicated juveniles.

09. Ranch, forestry camp, or farm - A long-term nonsecure setting for adjudicated juveniles.

10. Group home - Long-term nonsecure facilities that allow juveniles to attend school and employment in the community.

Outline.

Juvenile Justice Versus Criminal Justice.
`The philosophy that the state should not act in the best interests of children who receive improper care and treatment at home is known as paren patriae.
`In recent years controversy has arisen over the legal treatment of juveniles, and there is much disagreement over the proper goals of the juvenile justice system.

The Nature and Extent of Delinquency
`The most commonly used indicator of delinquency is the rate of juvenile arrests. Most of these arrests are for property crimes, although the proportion of juveniles arrested for those crimes has decreased in the last two decades.
`Younger juveniles are arrested significantly less often than older juveniles, and the majority of those arrested are male.
`Self-reports show that delinquency is extremely common and that relatively few delinquents are caught. They also reveal that offense rates do not differ greatly by race or social class.

Foundations of Juvenile Justice
`When the first juvenile court was established in 1899, the emphasis of the juvenile justice process changed from deterrence and incapacitation to rehabilitation.
`Objections to the parens patriae philosophy centered on the lack of legal counsel and basic due process protections, as well as the failure of the state to reform delinquents.
`In the 1960s, these concerns were addressed through various modifications of the juvenile justice system.

The Law And Procedure of Juvenile Justice
`In Kent v. United States, the Supreme Court ruled that a juvenile must receive a hearing before being referred to criminal court for trial as an adult.
`The Supreme Court has ruled that juvenile offenders and their parents must be notified of the charges early and in writing and that juveniles have a right to counsel and the right of protection against self-incrimination.
`During the adjudicatory stage of a delinquency proceeding the charges must be proved beyond a reasonable doubt.
`The Supreme Court has ruled that juveniles have the same protection against double jeopardy as adults.
`In ruling on preventive detention, the Court has placed the protection of the community above the needs of the child.
`Searches of students in public schools are justified when there are "reasonable grounds" that evidence will be found of violations of law or school rules.
`Offenders over the age of sixteen who commit capital crimes are subject to the death penalty.

Juveniles in The System: Police, Courts, Corrections
`Police generally have five alternatives in deciding how to handle a juvenile: (1) warn and release, (2) refer to juvenile court, (3) refer to a social welfare agency, (4) refer to another police department, or (5) refer to criminal court for prosecution as an adult.
`Recent statistics show that fewer juveniles are released and more are being sent to court; an increasing number are being tried as adults.
`An increasing number of delinquents are being placed in institutions or other residential facilities for juveniles.
`Recent legislation reflects the national trend toward punitive treatment of juveniles in a manner similar to the treatment of adults.

The Outlook for Juvenile Justice
`The typical juvenile delinquent is a male serving time for a property crime, is a regular user of drugs and alcohol, has not finished the ninth grade, and comes from a single-parent home.
`To reduce the number of serious delinquents, action must be taken to address the conditions in which they live.