Kelly L. Gould

Crimes against persons increased 88%

Public order offenses increased 73%

Current cases loads have stabilized with a 3% decline between 1997-1998

Organization of
Juvenile Courts

Juvenile Courtroom
Players

Detention and
Shelter Care

Detention is the temporary care of a child alleged to be delinquent who requires secure custody in physically restricting facilities pending court disposition or execution of a court order.

Shelter Care refers to a place for temporary care of children in physically unrestricting facilities.

Why is Juvenile
Detention Increasing?

A rise in the juvenile detention rate is occurring at a time when the overall population of juvenile offenders is decreasing. Experts believe this may be due to:

A steady rise in the rate of serious juvenile offenses

An increase in drug related crimes

Involvement of younger children in the
juvenile justice system.

Rights to a Detention Hearing

To require evidence of probable cause that a crime was committed and they will flee;

A petition must be filed within 24 hours;

A detention hearing must be held; and,

Parental notification is required.

Pre-adjudicatory Alternatives
to Secure Detention

In-home monitoring

Home detention

Day Center electronic monitoring

High intensity community supervision

Comprehensive case management programs

Juvenile Intake

Intake is a process during which a juvenile referral is receive and a decision is made to file a petition in juvenile court to release the juvenile, to place the juvenile under supervision or to refer the juvenile elsewhere.

Arguments For The Use
Of Diversion Programs

The Juvenile Petition

The petition includes basic information such as:

The child name, age, residency, parents name

Facts alleging the child’s delinquency

The Predisposition
Report

Conducted by the
Probation Department

Helps judge decide on
best disposition

Aids development of
a treatment plan

Develops a body of knowledge about the child

Becomes a source of information for juvenile justice research

Juveniles and
Plea Bargaining

Transferring Juveniles
to Adult Court

A transfer hearing is a pre-adjudicatory process for the purpose of determining whether juvenile court should be retained or if the case should be transferred to adult court.

Ways In Which States allow Juveniles To Be Tried in Criminal Court

Delinquency Cases Waived to Criminal Court 1986-1995

Waivers to Criminal Court

In 1998, of 8 of every 1,000 juvenile cases are waived to adult court

The number of juvenile cases tried in adult court peaked in 1994

Since 1994, juvenile cases heard in adult court have declined about 33%

Prosecutorial
Discretion

Allowing the prosecutor to determine the jurisdiction by selecting the charge to be filed or by choosing to file the complaint in either juvenile or adult court.

Factors Influencing Waiver From Juvenile Court to Adult Court

Major Categories of Juvenile Dispositions

Juvenile Sentencing
Structures

Historical Practices

Based on rehabilitative ideal

Looked for least intrusive method

Began to change during the 1980"s and 1990’s towards proportionality

Juveniles and the
Death Penalty

350 juveniles have been executed since 1642

This accounts for about 2% of the total

174 juveniles were on death row in 2000 in 16 different states

Prior to 2005, 22 states allowed for the juvenile death penalty

Texas lead the way with the most juveniles on death row (24)

Privacy and Juvenile Records

At one time, records were sealed and it was difficult to get them opened.

Today, most states recognize the importance of juvenile records for a variety of reasons, and therefore make them accessible to:

Law enforcement personnel

The child’s attorney

Parents or Guardians

Military personnel

Other public agencies

Juvenile records can sometimes be used for adult sentencing purposes.