a separate juvenile system Flashcards
justifications for punishment (5)
retribution
deterrence
incapacitation
restoration
rehabilitation
language & terminology
JJS has unique terminology to distinguish from adult system
- less stigmatizing & helpful to rehabilitation
due process rights given to juveniles
- counsel (‘67)
- confont witness
- protect from self-incrimination
- charges proven ‘BAR’ (‘70)
due process rights not given to juveniles
- bail
- jury trial
why do juvenile courts not have all due process rights
less formal design means less due process protection
separate system, separate rights
rehabilitative basis vs. adversarial process
why due process was expanded
Warren court expanded due process, including juveniles
In Re Gault (1967)
- juvenile defendants have the right to hearings that follow formal procedures
- juveniles cannot be institutionalized without evidnece of delinquent conduct
- juveniles have the right to counsel
shift from ‘young person in need of defending’ to ‘young person who is a criminal
In Re Winship (1970)
- applied evidentiary standard BAR to juvenile cases
McKiever v. Pennsylvania (1971)
- juveniles are not entitled to a trial by jury in juvenile court proceedings
- left the decision up to the states
the ‘get tough’ period
- growth of superpredator myth meant transfers to adult court were increasingly common
- SCOTUS allowed preventative detention & no longer guaranteed anonymity for juveniles
punishing juveniles like adults but not giving them adult rights
Juvenile Justice and Delinquency Prevention Act (1974) JJDPA
- limited power of juvenile court to handle troubled/neglected youth
– de-institutionalization & reducing institutionalization for status offenses - states had to abide by 4 mandates for federal funding
JJDPA mandates
- deinstitutionalization of status offenses (24h max)
- adult jail & lockup removal
- sight & sound separtion of adults & juveniles
- reduction of disproportionate minority confinement
Roper v. Simmons (2005)
no death penalty for crimes committed when a juvenile
Graham v. Florida (2010)
no life without parole for juveniles who did not kill someone
Miller v. Alabama (2012)
outlawed mandatory life without parole sentenfes for juveniles
“diminished culpability and heightened capacity for change”
“unfortunate immaturity” vs. “rare irreparable corruption”