Transcript Juvenile Justice Chapter 9 - Hawai'i Community College

Juvenile Justice Chapter 9
The Juvenile Court and
Alternatives at Intake
Juvenile Court
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Has jurisdiction over minors
Basically a Civil System
Underlying philosophy is Parens Patriae
Offers juveniles individualized treatment
rather than punishment
Juvenile Court
• Purpose Statements
– Balanced and Restorative justice
• Advocates that juvenile courts give balanced
attention to Public Safety, individual accountability
to victims and the community, development in
offenders of the skills necessary to live a lowabiding and productive life.
– Stand Juvenile Court Act Clauses (1925)
• Care, guidance and control that will be conducive
to his welfare and the best interest of the state
Juvenile Court
• Purpose Statements (continued)
• Legislative Clauses
– To provide for the care, protection and wholesome
mental and physical development of children
– To remove children committing delinquent the
consequences of criminal behavior and toi substitute
a program of supervision, care and rehabilitation
– To remove a child from the home “only when
necessary for his welfare or in the interests of society
Juvenile Court
• Purpose Statements (continued)
• Clauses emphasizing punishment, deterrence,
accountability and/or public safety
– Stresses community protection, offender
accountability, crime reduction through deterrence or
punishment
• Clauses with Traditional Child Welfare Emphasis
– Treat not as criminals, but as children needing aid,
encouragement or guidance
• Justice Model vs the Welfare model
– Paren Patriae “best interest of the child”
– Justice model: youth held accountable and punished
Juvenile Court Jurisdiction
• Types of cases heard in JC
– Those who are neglected, ldependant or
abused due to guardians
– Those who are incorrigible, ungovernable or
staus offenders
– Those who violate laws, ordinances and
codes classified as penal or criminal
• Criticisms of JC
– “One-pot” jurisdictional approach
Juvenile Court Jurisdiction
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Determined by offenders age and conduct
See page 297
No specific age for Hawaii (discretion by court
Youths who violate Federal laws are considered
delinquent and subject to JC
• Other Cases
– Adoptions, paternity and guadianship
– State is the “higher parent” of all children within its
borders
– Wardship: abused or neglected or committed a status
or criminal act
Juvenile Court Jurisdiction
• Excluded from juvenile court
– Concurrent jurisdiction
• JC and CC UCR Part I offenses
• Venue: usually takes place where the youth lives
• Types of Juvenile Court (3 types)
– Independent and separate
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Other judges preside over courts (CT, UT, RI)
Part of Family Court
Trial Court
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Juvenile Court Characteristics
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Separate hearings for children’s cases
Informal
Regular probation
Separate detention
Special court and probation records
Provisions for mental & physical examinations
Acts on behalf of neglected and abused children
May be criminal or non-criminal
Juvenile Court Characteristics
• Coercive intervention:
– Out of home placement, detainment or
mandated therapy or counseling
– Therapeutic Intervention: recommends
treatment
• Child exhibiting violent behavior or sexually
abused
• Treatment for children is long-term
• Corporal punishment doesn't work
• Early intervention
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Juvenile Court Overview
– Juveniles typically enter JC through contact with
police
– Delinquent can be detained
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Licensed foster home
Facility operated by CWS
Detention Home under direction of JC or public authority
Other facility designated by JC
– Intake
• Conducted by intake officer who can:
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Make recommendations to JC
Release with lecture
Recommend Prosecution
Recommend dismissal, transfer to adult court, diversion or
referral for adjudication