Unit 9: Juvenile Justice

Question 1

Fundamental question

Answer 1

-should criminal acts by youth be given same weight as those by adults or be seen as mistakes that can be corrected?

Question 2

Early criminological theory…

Answer 2

Made no distinction between adult and juvenile offenders

Question 3

During 17,18 century…

Answer 3

All offenders grouped together regardless of age

Question 4

Reforms of 1800

Answer 4

• New York house of refuge juvenile reformatory was established 1824
• 1865, any child could be sent to the NY house of refuge upon complaint of guardian

Disadvantage:
Limited space
Couldn’t take all juvenile children

Question 5

Establishment of juvenile court

Answer 5

• 1st establishes in 1899: cook county IL
• guided by the principle of parens patriae
• “state as parent and guardian”
• children are not fully responsible for criminal conduct and are capable of being rehabilitated

Question 6

How was early juvenile court different from adult?

Answer 6

1. No juries
2. Terminology was less harsh
3. No adversarial relationship
4. Confidentiality

Question 7

Authority of juvenile assumed giving authority over children when…

Answer 7

1. Welfare of child was threatened
2. When the child was a status offender
3. When the child was a delinquent

Question 8

Status offenders

Answer 8

a child who commits an act that if they were adults, the court would not have any authority over them

-smoking, drinking, runaways

Question 9

Delinquents

Answer 9

Juveniles who commit an act that is criminal for both adults and juveniles
-theft, robbery, burglary

Question 10

Today Supreme Court decisions in 1960+ 1970…

Answer 10

Have moved juvenile justice away from earlier principles and toward a system that is similar to adult criminal court

• also due to increases in crime beginning in 1960
• legal status of juveniles in US varies based on where live

Question 11

Process

Answer 11

Get arrested then...
Intake then... 
u dismiss the case, or
divert offenders the rehab, or 
transfer to adult or 
remain in juvie and proceed to a

Question 12

Transferring to adult court

Answer 12

-juveniles were transferred to adult court through judicial wavier
-since 1970s other mechanisms became popular
Automatic transfer, prosecutorial discretion

Question 13

Automatic transfer

Answer 13

Juveniles who are accused of serious crimes are automatically “moved up” to adult court

Question 14

Prosecutorial discretion

Answer 14

Prosecutors make the decision to file charges in adult court

Question 15

Juvenile adjudication hearings

Answer 15

• has similar rights as in adult trial
• proof beyond reasonable doubt must be
• more informal and families often waive right to attorney
• close of hearing, judge determined whether juvenile delinquent

Question 16

Disposition

Answer 16

• once a juvenile has been found delinquent, a disposition hearing takes place
• judges have great discretion in choosing the disposition
• not punishment as court will develop a plan that best benefits the youth and protects society
• confinement, probation, community treatment

Question 17

Scared straight

Answer 17

• taking at rosy kids or delinquents on organized tours of prison facilities
• end with speeches given by inmates
• can be controversial due to language and other references

Do they work?
No don’t work, can lead to more negative behavior

Question 18

Juvenile life without parole

Answer 18

• 2,300 people serving life without parole for crimes committed while juveniles
• 2012, Supreme Court ruled mandatory life sentences for juveniles without parole unconstitutional
• 2016, Supreme Court ruled all juveniles serving life without parole get new hearings