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7 Juvenile Justice Procedures Chapter Learning Objectives On completion of this chapter, students should be able to do the following: Understand and discuss juvenile court procedures Discuss the rights of juveniles at various stages, from taking into custody through appeals Understand requirements for bail, notification, and filing of petitions Discuss procedures involved in detaining juveniles What Would You Do? It is Friday night and you are in bed. Your 13-year-old daughter is spending the night with a friend. The two girls told you they were going to a movie and back to her friend’s home. Her friend’s older sister, who is 18, is going to drive them to and from the movie. At approximately 2:15 a.m. you get a phone call. The caller identifies herself as Lisa Strom, an employee of the Forten County Detention Center. She says that your daughter has been taken into custody for curfew violation, possession of alcohol by a minor, peace disturbance, and assaulting a police officer. Ms. Strom informs you that your daughter will be held in detention pending a review of her case by a juvenile intake officer. This review will take place within the next 24 hours and you will receive another phone call once the juvenile intake officer decides to hold or release the child. She states that you are allowed to visit your daughter once within the next 24 hours and informs you that visitation is allowed between 6:00 p.m. and 8:00 p.m. that day. The only question you can think to ask is if your daughter is okay. Ms. Strom says your daughter is going through the intake process and is in good health. You hang up the phone wide awake and wondering what to do next. What Would You Do? 1. Would your daughter be classified as a status offender or a delinquent, according to the charges? 2. What would be your next course of action? Would you contact a lawyer, wait for the phone call from the juvenile intake officer, visit your daughter during visiting hours, or do something else? 3. If you were the juvenile intake officer, would you continue to detain this child or release her to her parents pending court? Juvenile court acts discuss not only the purposes and scope of the juvenile justice system but also the procedure the juvenile courts are to follow. Proceedings concerning juveniles officially begin with the filing of a petition alleging that a juvenile is delinquent, dependent, neglected, abused, in need of supervision, or in need of authoritative intervention. Most juvenile court acts, however, also discuss the unofficial or diversionary activities available as remedies prior to the filing of a petition such as a stationhouse adjustment and a preliminary conference. A stationhouse adjustment occurs when a police officer negotiates a settlement with a juvenile, often with his or her parents, without taking further official action (a full discussion of stationhouse adjustments follows in Chapter 8). A preliminary conference is a voluntary meeting arranged by .
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Unit V: Significant U.S. Supreme Court Rulings and the Impact on the Juvenile Justice System in America Introduction • We are now starting Unit V: Significant U.S. Supreme Court Rulings and the Impact on the Juvenile Justice System in America. • So far, we have covered and discussed the historical background of juvenile delinquency and the juvenile justice system in the United States, criminological theories that help to expand our understanding of juvenile delinquency, the complex relationship between police officers and juveniles, juvenile gangs, and key actors that help play crucial roles as they relate to the structure of the juvenile court system. Unit V: U.S. Supreme Court Rulings • If you will recall, you learned about juvenile defense attorneys, juvenile prosecuting attorneys, and the juvenile court judge in the previous unit. • In this unit, you will take what you have learned and expand your knowledge, exploring U.S. Supreme Court cases that helped define and direct juvenile corrections, juvenile defense attorneys, juvenile prosecuting attorneys, and juvenile court judges. Unit V: U.S. Supreme Court Rulings • Before we begin, watch the video linked below that continues the story of Little John, a juvenile. https://online.columbiasouthern.edu/csu_c ontent/courses/emergency_services/bcj/bcj 2201/15K/video/unitv_video.mp4 • Click here to access the transcript for this video. https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4 https://online.columbiasouthern.edu/CSU_Content/courses/Emergency_Services/BCJ/BCJ2201/15K/transcripts/BCJ2201_UnitV_Transcript.pdf https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4 https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4 Consider the Following You will want to start thinking about this question as you read through the following U.S. Supreme Court decisions and cases: • How does this case directly relate to juvenile defense attorneys and juvenile court judges who preside over juvenile court cases? Court Cases The information below provides a brief description of some of the cases we will explore. Figure 1: U.S. Supreme Court decisions impacting juvenile court system. (“U.S. Supreme Court Cases,” 1999) https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html Kent v. United States So, let’s begin by examining the first landmark case you will learn about: Kent v. United States. Before we can examine the case, we need to know the background and historical makeup of the case. • In 1961, Morris Kent was a 16-year-old juvenile who was charged with rape and robbery. • While in custody, Kent confessed to the criminal charges and crimes against him. Kent v. United States • Kent’s defense lawyer filed a request ...
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Juveniles Tried as Adults Juveniles Tried as Adults Research Thesis Paper Juveniles Tried as Adults It found that the compromise between punishment and healing for juvenile offenders is a dilemma that the United States have to face since the inception of its judicial system. After declaring self-rule from Britain, the United States modeled its lawful system after the one well-known United Kingdom. It meant that, in the eyes of the law, little difference was made between children and adults. Kids as could be tried as adults if warranted by their crime. At the end of 18th century, psychologists and sociologists began to recognize the emerging notion of adolescence as a developmentally different era of life. This is the idea of managing adolescent offender outer of the adult court became more widely accepted but keeping in line with the idea that juvenile delinquent requires special care and treatment. In this case, the society had a role to play in the prevention of Juvenile delinquency that opened the first facility for disturbed youth in 1825. New York House of Refuge, on the other hand, was created as an option for juveniles who had committed an illegal act that would have likely earned them time in jail. But in 1899, what came into existence is the development of first juvenile court in the United States came into existence in Cook County, Illinois. The rationale that was behind the forming a separate justice system for youths. Its evident that this was based on the British set of guidelines for parens patriae, which gives a State meaning as a parent. What is provided by Sickmund and Snyder is that the set of instructions was to give an interpretation with a mean because children were not of full legal capacity, the state had the inborn power and accountability to protect children whose natural parents were not providing suitable care or supervision. The court system viewed insufficient parenting as part of the problem with delinquent youth and reasoned that, with proper intervention, troubled juveniles could be put back on the path towards becoming law-abiding, productive members of their communities. In 1899 United States of America, made legal history when the world's first juvenile court opened in Chicago. The court was founded on two fundamental principles. First, juveniles lack the maturity to take responsibility for their actions the way adults could. Secondly, because, their personality was not yet fully developed, what could be noted is that they could receive proper corrective measures more successfully than adult criminals. More than a century later, these principles remain the benchmarks of juvenile justice in the United States. A rising number of crimes committed by the kids are being subjected to trial as adults much the way they might have been before the beginning of juvenile courts. This stems from public outra ...
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Juvenile Justice System Comment by Jamie Price: Good job with the title page Chalyne A. Arvie CPSS235 26FEB2018 JAMIE PRICE Running head: JUVENILE JUSTICE SYSTEM 1 JUVENILE JUSTICE SYSTEM 7 Juvenile Justice System Juvenile Justice System Development Comment by Jamie Price: Good job with using headings. But your first paragraph should be an introduction. Introduce the main points that will be covered. Let the reader know where the paper is going. Refer to my help documents associated with this assignment for assistance with creating a good academic introduction. In the United States, the adolescent court framework was established more than ten years before the main court establishment in 1899 in Illinois. Before its formation, all youngsters were considered as adults or grownup where they were punished in similar ways as adults. Prior to the creation of juvenile courts, the common law's infancy defense provided the only special protections for young offenders charged with crimes. The common law conclusively presumed that children younger than seven years of age lacked criminal capacity, while those fourteen years of age and older possessed full criminal responsibility. Comment by Jamie Price: This is good information but you need to cite your work. If the information isn’t common knowledge, you need to cite it using in-text citations. Some basic formats are: Blah blah blah (Last name, year). According to Last name (year), blah blah blah. Last name (year) reported that “blah blah blah” (p. #). “Blah blah blah” (Last name, year, p. #). The history of the juvenile justice system dates as far back as to the bible to Roman Era time. In this period, it was the parent’s responsibility to punish their children, unless the child is in need of a more severe consequences. In the middle ages, common law was established in England. The use of shires, reeves, and chancellors were used. When being punished, the English used the same punishments on children over the age of seven as an adult. In eighteenth-century London, jails were created based upon workhouses. On July 1899, United States established the first juvenile justice system located in Illinois. The Illinois legislature passed the Illinois Juvenile Act that would disciple accordingly to children under the age of sixteen. The juvenile courts were to take jurisdiction over the children (Champion, Merlo, & Benekos, 2013). Comment by Jamie Price: Try to remove unnecessary words. “is in need of a” = needs Comment by Jamie Price: Good job citing your work. Predominant Philosophy of the Juvenile System Alterations in the social origination ideology of youngsters and the system of cultural control in the nineteenth-century y led to the establishment of the very first juvenile court in 1899. To differentiate between the young and adult offenders, progressive philosophers made efforts to reform the juvenile court system. They developed new thoughts regarding adolescence and made the court ...
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S i x t h E d i t i o n Criminal Procedure CONSTITUTION AND SOCIETY Marvin Zalman Wayne State University R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street, Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper Saddle River, New Jersey 07458. Library of Congress Cataloging-in-Publication Data Zalman, Marvin. Criminal procedure : constitution and society / Marvin Zalman.—6th ed. p. cm. Includes bibliographical references and index. ISBN 978-0-13-245761-3 (alk. paper) 1. Criminal procedure—United States. 2. Criminal investigation—United States. 3. Civil rights—United States. I. Title. KF9619.Z35 2010 345.73�05—dc22 2009053938 10 9 8 7 6 5 4 3 2 1 ISBN 10: 0-13-245761-X ISBN 13: 978-0-13-245761-3 Editor in Chief: Vernon Anthony Acquisitions Editor: Eric Krassow Editorial Assistant: Lynda Cramer Director of Marketing: David Gesell Marketing Manager: Adam Kloza Senior Marketing Coordinator: Alicia Wozniak Marketing Assistant: Les Roberts Senior Managing Editor: JoEllen Gohr Project Manager: Jessica H. Sykes Senior Operations Supervisor: Pat Tonneman Operations Specialist: Deidra Skahill Art Director: Jayne Conte Cover Art: Mollica Design Media Director: Michelle Churma Lead Media Project Manager: Karen Bretz Full-Service Project Management: Sowmyaa Narayani/ Madhavi Prakashkumar Composition: S4 Carlisle Publishing Services Printer/Binder: Edwards Brothers Cover Printer: Lehigh/Phoenix Color/Hagerstown Text Font: 10/12 Times R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U C H A P T E R 6 The Right to Counsel It is a fundamental principle of our constitutional scheme that government, like the individual, is bound by the law. We do not subscribe to the totalitarian principle that the Government is the law, or that it may disregard the law even in pursuit of the lawbreaker. —JUSTICE ABE FORTAS, DISSENTING, Alderman v. United States, 394 U.S. 165, 202 (1969) It is during our most challenging and uncertain moments that our Nation’s commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad. —JUSTICE SANDRA DAY O’CONNOR, Hamdi v. Rumsfeld, 542 U.S. 507, 532 (2004) 293 CHAPTER OUTLINE THE DEVELOPMENT OF THE RIGHT TO COUNSEL TO 1961 Powell v. Alabama: The Scottsboro Case After Powell: Toward Incorporation The Equa.
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