Week 10: Juvenile Justice

Question 1

British common law for juvenile justice system:

Answer 1

• Under 7 years of age: Infancy (no prosecution)
• 7-14 years of age: rebuttable presumption that youth lacked criminal intent
• 14+: Tried as adults.

Question 2

19th century US before establishment of juvenile court:

Answer 2

• Children/adolescents who committed crimes were handled by the criminal justice system.
• “Wayward” children were handled by the civil court system.
• Used parens patriae doctrine to enable the courts to step in a take custody of children who were either being neglected or were beyond the control of their parents.

Question 3

Kent v. US (1966)

Answer 3

• The Court found that juveniles has a right to (a) a hearing regarding waiver; (b) that their attorneys have a right to access the information that will be considered in making that decision; and (c) that judges must state the reasons for waiver.
• Asserted that while juvenile courts should have wide discretion, “it does not confer upon the juvenile court a license for arbitrary procedure.”
• Specifically stated that this does not grant all requirements of a criminal trial “or even of the usual administrative hearing” to juveniles.

Question 4

In re Gault (1967)

Answer 4

• Established due process rights for juveniles in juvenile proceedings:
• Right to adequate notice of charges
• Right to counsel.
• Privilege against self-incrimination.
• Right to cross-examine witnesses.
• Appellate review & transcript of proceedings.

Question 5

Adolescent psychosocial development includes:

Answer 5

• Immaturity/irresponsibility
• Vulnerability to outside influences
• Fluidity of character
• Brain Development
• Adolescents may be aware of risks, but focus more on the potential benefits of risky behavior.

Question 6

What does “immaturity/irresponsibility” mean?

Answer 6

• Decision-making skills
• Cognitive control/emotion regulation

Question 7

What does “vulnerability to outside influences” mean?

Answer 7

• Risky behavior increases in the presence of peers
• Juveniles cannot remove themselves from external influences

Question 8

What does “fluidity of character” mean?

Answer 8

• Identity (personality) formation is incomplete
• Most juveniles desist from criminal behavior
• Potential for rehabilitation

Question 9

What does “brain development” mean?

Answer 9

• Pruning of neurons
• Myelination
• Timing of development of socio-emotional and cognitive control systems

Question 10

Reward Sensitivity

Answer 10

Decisions regarding sexual activity, alcohol, & tobacco use in children ages 10-18 are predicted by perceived benefits more than perceived risks

Question 11

Waiver to adult court

Answer 11

• Before 1993, majority of waived cases were property crimes
• Majority of youth waived in 2009 were 16+ years old and male
• Black and white youth had same rates of waiver

Question 12

What do courts want to know for waive of jurisdiction?

Answer 12

• Danger to others: Likelihood of escape and harm to others, likelihood of danger when released in a few years
• Amenability to rehabilitation: Conduct can be change within the state’s juvenile justice or mental health system in the time available.
• Assessing Danger to Others: Risk factors (past aggressive behavior, substance use, peer and community factors, family conflict and aggression, social stressors and supports, personality traits, mental disorders, opportunity, resiliency factors)

Question 13

Does waiver deter future crime?

Answer 13

• Fagan: No effect on recidivism for burglary offenders, higher prevalence of rearrest, incarceration; faster rearrests in NY sample when comparing robberies.
• Bishop: Short term – higher rearrest rate, faster rearrest, more likely to be arrested for felonies for those prosecuted as adults. Long term – Still higher rate of rearrest; faster rearrest.

Question 14

Roper v. Simmons (2005)

Answer 14

• Argued that Atkins applied to juveniles as well.
• Missouri Supreme Court agreed making executing a minor cruel and unusual punishment.
• US Supreme Court overturned Stanford v. Kentucky (1989) citing evolution of “standards of decency”
• “…it is unconstitutional to impose the death penalty for a crime committed by a child under the age of 18.”

Question 15

Graham v. Florida (2010)

Answer 15

• Juveniles should not face life without the possibility of parole – for crimes less than murder, juveniles are less culpable than adults argument continued here, “unusual” punishment
• “…sentencing a juvenile offender to life without parole for a crime that doesn’t involve murder is unconstitutional.”

Question 16

Miller v. Alabama (2012)

Answer 16

• Mandated life sentences for juveniles on murder charges not allowed.
• “The Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.”

Question 17

“Evolving standards of decency”

Answer 17

The US Supreme Court articulated this process in 1958, when it suggested that judges who need to interpret Eighth Amendment be guided by “evolving standards of decency that mark the progress of a maturing society” (Trop v. Dulles)

Question 18

The Four B’s of signs of physical abuse

Answer 18

• Unexplained or unusual Bruises
• Burns
• Bald spots
• Bleeding

Question 19

Specific physical signs of sexual abuse

Answer 19

• Pain
• Rashes
• Itching or sores in the genital or anal areas
• Enuresis (involuntary urination)
• Encopresis (involuntarily passing of stool)
• Frequent urinary infections
• Frequent vomiting

Question 20

Behavioral symptoms of sexual abuse

Answer 20

• Extreme secrecy
• Excessive bathing
• Indications of low self-worth
• Provocative or promiscuous sexual patterns
• Suddenly possessing money or merchandise that could have been used to bribe the child to keep quiet

Question 21

People v. Jackson (1971)

Answer 21

• The Court asserted that battered child syndrome had become generally accepted in the field as a medical diagnosis.
• “The prosecution’s duty to disclose extends to all evidence that reasonably appears favorable to the accused, not merely to that evidence which appears likely to affect the verdict.”