Topic 2 Juveniles and the Criminal Justice System(1)

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Topic 2: Juveniles and the Criminal Justice System:

Topic 2: Juveniles and the Criminal Justice System

Slide 2:

What is Juvenile Court? What is the process by which a child is adjudicated a delinquent? Does Juvenile Court protect the child’s Constitutional Rights?

Juvenile Justice as a Balancing Act:

Juvenile Justice as a Balancing Act Treatment Protecting Juveniles Discretion and Flexibility Punishment Protecting Society Standards and Uniform Rules

Colonial Period.:

Colonial Period.

Social order:

Social order

Punishment:

Punishment

Child Savers Movement.:

Child Savers Movement.

Protection:

Protection

Reform:

Reform

Education:

Education

Separate Courts:

Separate Courts

Informal Proceedings:

Informal Proceedings

Parens Patriae:

Parens Patriae

1900’s First Juvenile Courts:

1900’s First Juvenile Courts

Powerful Judge with absolute control of outcome.:

Powerful Judge with absolute control of outcome.

due process revolution in the 1960’s:

due process revolution in the 1960’s

14th Amendment, 1868:

14 th Amendment, 1868 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law ; Nor deny to any person within its jurisdiction the equal protection of the laws.

Warren Court:

Warren Court

Bill of Rights = first 10 Amendments:

Bill of Rights = first 10 Amendments 1 st – Right to free speech 4 th – Right against unreasonable search and seizure 5 th – Right to remain silent 6 th – Right to an attorney in criminal proceedings 8 th – Right against cruel and unusual punishment

14th Amendment, 1868:

14 th Amendment, 1868 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law ; Nor deny to any person within its jurisdiction the equal protection of the laws.

Bill of Rights = first 10 Amendments:

Bill of Rights = first 10 Amendments 1 st – Right to free speech 4 th – Right against unreasonable search and seizure 5 th – Right to remain silent 6 th – Right to an attorney in criminal proceedings 8 th – Right against cruel and unusual punishment

In re Gault, 387 U.S. 1 (1967):

In re Gault, 387 U.S. 1 (1967)

facts of case:

facts of case

15 year old Gerry Gault arrested for allegedly making a ‘lewd’ phone call:

15 year old Gerry Gault arrested for allegedly making a ‘lewd’ phone call

Taken to a detention center without his parents’ knowledge:

Taken to a detention center without his parents’ knowledge

Hearing held without testimony or transcript:

Hearing held without testimony or transcript

and no attorney:

and no attorney

Gault sentenced to ‘reform school’ until age 21.:

Gault sentenced to ‘reform school’ until age 21.

No right to appeal a Juvenile Court decision:

No right to appeal a Juvenile Court decision

Writ of Habeas Corpus:

Writ of Habeas Corpus

Warren Court:

Warren Court

issue:

issue

Does the 14th Amendment’s due process clause apply to State Juvenile Court proceedings?:

Does the 14 th Amendment’s due process clause apply to State Juvenile Court proceedings?

Court’s holding:

Court’s holding

Justice Fortas writes the majority opinion:

Justice Fortas writes the majority opinion

“child savers”:

“child savers”

parens patriae:

parens patriae

Slide 39:

rationalization to exclude juveniles from the constitutional scheme

rehabilitative model:

rehabilitative model

procedural due process:

procedural due process

constitutional safeguards:

constitutional safeguards

right to notice of charges:

right to notice of charges

right to fair and impartial hearing:

right to fair and impartial hearing

opportunity to confront and cross-examine witnesses:

opportunity to confront and cross-examine witnesses

right to assistance of attorney:

right to assistance of attorney

right against self-incrimination:

right against self-incrimination

adversarial system:

adversarial system

reform school = denial of liberty:

reform school = denial of liberty

A person cannot be deprived of life, liberty, or property, without due process of law. :

A person cannot be deprived of life, liberty, or property, without due process of law .

“Under our Constitution, the condition of being a boy does not justify a kangaroo court.” :

“Under our Constitution, the condition of being a boy does not justify a kangaroo court.”

Juvenile Court Jurisdiction subject matter and geographic:

Juvenile Court Jurisdiction subject matter and geographic Children who are abused or neglected Children who are incorrigible or commit status offenses Children who commit delinquencies

CHINS ages 0 to 18 (or maybe even younger or older) :

CHINS ages 0 to 18 (or maybe even younger or older) What is a child? What is proper care and supervision? What is discipline?

Incorrigible/Status Offender ages 6ish to 15-17ish :

Incorrigible/Status Offender ages 6ish to 15-17ish Not listening to parents/runaways Truancy Smoking/drinking

Delinquencies. ages 6ish to 15-17ish:

Delinquencies. ages 6ish to 15-17ish Simple Assault Shoplifting Unlawful Mischief Stealing Aggravated Assault Robbery Rape Burglary Murder

Delinquencies.:

Delinquencies. Simple Assault Shoplifting Unlawful Mischief Stealing Aggravated Assault Robbery Rape Burglary Murder

Children under 6 no mens rea could be CHINS:

Children under 6 no mens rea could be CHINS

Adjudicating a Delinquent:

Adjudicating a Delinquent Crime reported ----- Delinquent act Police investigate; Affidavit submitted to Prosecutor; Prosecutor files an indictment/charge ------- Petition with facts of delinquency Juvenile Court Judge may schedule a Bail Hearing ------ or Detention hearing Trial ------------- Adjudication State proves allegations beyond a reasonable doubt; If allegation is proven juvenile is found guilty ------------ involved Judge decides what to do with juvenile in a sentencing hearing ---------------- disposition hearing

Where are we now?:

Where are we now?

Juvenile Justice as a Balancing Act:

Juvenile Justice as a Balancing Act Equal Rights and Constitution Protections? Special treatment due to legitimate differences?

Special Treatment:

Special Treatment Generally, closed proceedings; Not meant to “label” a child as criminal; Some understanding that kids act differently from adults; Generally, not meant to ‘punish’ a kid, but rather to reform; Informal proceeding, emphasizing discretion – no jury trial

Equal Treatment/ quasi-adversarial proceeding:

Equal Treatment/ quasi-adversarial proceeding Right to be free from unreasonable searches and seizures; Right to bail; Right to notice of charges; Right to fair hearing - Right to ‘beyond a reasonable doubt’ burden of proof; Right to an attorney; Right to confront witnesses and cross-examine them; Right to remain silent; Right to appeal.

Having equal rights means having equal responsibilities or, being held to equal standards:

Having equal rights means having equal responsibilities or, being held to equal standards

Rehnquist Court, 1986 - 2005:

Rehnquist Court, 1986 - 2005

1980’s increase in serious crime or drug-related crimes:

1980’s increase in serious crime or drug-related crimes

culture of “get tough” on crime:

culture of “get tough” on crime

caring less about civil rights:

caring less about civil rights

more about public protection:

more about public protection

Juvenile Crime is just as serious as Adult Crime:

Juvenile Crime is just as serious as Adult Crime

Yarborough v. Alvarado, 541 U.S. 652 (2004):

Yarborough v. Alvarado , 541 U.S. 652 (2004)

facts of case:

facts of case

Soto and Alvarado attempt to steal a truck. Soto has a gun and when the driver refuses to turn over keys, Soto shoots and kills him. :

Soto and Alvarado attempt to steal a truck. Soto has a gun and when the driver refuses to turn over keys, Soto shoots and kills him.

Alvarado is almost 18 years old, at the time, and tried as an adult at the time.:

Alvarado is almost 18 years old, at the time, and tried as an adult at the time.

Officer Cheryl Comstock leaves a message at home and calls mom at work saying she would like to question Alvarado; His parents bring him in for questioning. :

Officer Cheryl Comstock leaves a message at home and calls mom at work saying she would like to question Alvarado; His parents bring him in for questioning.

Interview starts around noon; room, alone with Comstock; recorded. :

Interview starts around noon; room, alone with Comstock; recorded.

No Miranda Warnings, ie. No mention of right to remain silent.:

No Miranda Warnings , ie. No mention of right to remain silent.

At first, said he didn’t know anything; 2 hours later = admitted he was with Soto, knew Soto had a gun and helped him get away. :

At first, said he didn’t know anything; 2 hours later = admitted he was with Soto, knew Soto had a gun and helped him get away.

Father drove him home. :

Father drove him home.

issues:

issues

Slide 81:

Whether or not Alvarado was in custody when he was questioned by Officer Comstock?

Miranda – right to remain silent 1) custody 2) interrogation:

Miranda – right to remain silent 1) custody 2) interrogation

Whether a person in Alvarado’s position would feel “free to leave”? :

Whether a person in Alvarado’s position would feel “free to leave”?

Would 17 year old feel free to leave when parents drove him to police station?:

Would 17 year old feel free to leave when parents drove him to police station?

Should Court apply Objective or Subjective Test?:

Should Court apply Objective or Subjective Test?

Should we look at facts as a 17 year old would or as an average adult?:

Should we look at facts as a 17 year old would or as an average adult?

Court’s holding:

Court’s holding

Justice Kennedy, wrote the opinion of the Court:

Justice Kennedy, wrote the opinion of the Court

Miranda warnings are applicable:

Miranda warnings are applicable

But, when a person comes voluntarily to the police station to be interviewed that is not necessarily custody. :

But, when a person comes voluntarily to the police station to be interviewed that is not necessarily custody .

Determining “Custody” is an “objective test”. :

Determining “Custody” is an “objective test”.

A suspect's age or experience is not necessarily relevant to the Miranda custody analysis. :

A suspect's age or experience is not necessarily relevant to the Miranda custody analysis.

JUSTICE BREYER, (Clinton) with whom JUSTICE STEVENS, (Ford) JUSTICE SOUTER (Bush 41), and JUSTICE GINSBURG (Clinton) join, dissenting.:

JUSTICE BREYER, (Clinton) with whom JUSTICE STEVENS, (Ford) JUSTICE SOUTER (Bush 41), and JUSTICE GINSBURG (Clinton) join, dissenting.

http://hancock.constitutioncenter.org/media/in_re_gault/in_re_gault64.mp3 :

http://hancock.constitutioncenter.org/media/in_re_gault/in_re_gault64.mp3

Hillary Transue, 2006:

Hillary Transue, 2006

Where are we now?:

Where are we now? Equal Rights and Protections? not really making sure rights are fully enforced Special treatment due to legitimate differences? age not being taken into consideration Punishment happening in the guise of rehabilitation.

Juvenile Justice as a Balancing Act:

Juvenile Justice as a Balancing Act Treatment Protecting Juveniles Discretion and Flexibility Punishment Protecting Society Standards and Uniform Rules

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