Transcript Juvenile Justice Chapter 9

Juvenile Justice
Chapter 9
The Juvenile Court and
Alternatives at Intake
Juvenile Court
 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 low-abiding 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
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
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
 Other
judges preside over courts (CT, UT,
RI)
 Part of Family Court
 Trial Court
M
o
Juvenile Court Characteristics
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
Juvenile Court Overview
– Juveniles typically enter JC through contact
with police
– Delinquent can be detained
 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:
Make recommendations to JC
Release with lecture
Recommend Prosecution
Recommend dismissal, transfer to adult court,
diversion or referral for adjudication