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Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Chapter 2 Delinquency Overview
Chapter 2 Delinquency Overview
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Delinquency OverviewDelinquency Overview
Delinquency is the juvenile equivalent of adult criminality
Delinquency is the juvenile equivalent of adult criminality
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Criminal versus Juvenile Terminology
Criminal versus Juvenile Terminology
Criminal = Delinquent Crime = Delinquent act Arrested = Taken into custody Trial = Hearing Found guilty = Adjudicated delinquent
Criminal = Delinquent Crime = Delinquent act Arrested = Taken into custody Trial = Hearing Found guilty = Adjudicated delinquent
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Criminal versus Juvenile Terminology (continued)
Criminal versus Juvenile Terminology (continued)
Sentence = Disposition Indictment = Petition Jailed = Held in detention
Sentence = Disposition Indictment = Petition Jailed = Held in detention
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
DefinitionsDefinitions
In most states, a delinquent act occurs when a juvenile commits an act that would have been a crime if an adult had committed it
In some states, delinquent acts are defined the same as crimes
In most states, a delinquent act occurs when a juvenile commits an act that would have been a crime if an adult had committed it
In some states, delinquent acts are defined the same as crimes
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Philosophies of Juvenile LawPhilosophies of Juvenile Law
Parens patriae is the underlying philosophy of juvenile law
Rehabilitation is the goal Best interest of the child is the standard
Parens patriae is the underlying philosophy of juvenile law
Rehabilitation is the goal Best interest of the child is the standard
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Juvenile Status OffendersJuvenile Status Offenders
Court has jurisdiction over juvenile status offenders (JSO)
JSO statutes allow courts to take action against juveniles for acts that are legal for adults
Court has jurisdiction over juvenile status offenders (JSO)
JSO statutes allow courts to take action against juveniles for acts that are legal for adults
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Status Offenses versus Delinquency
Status Offenses versus Delinquency
Initiation is the same Hearing is the same Potential loss of liberty exists in both
actions Vagueness arguments fail because
status offenses are not criminal
Initiation is the same Hearing is the same Potential loss of liberty exists in both
actions Vagueness arguments fail because
status offenses are not criminal
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Due Process in Delinquency Actions
Due Process in Delinquency Actions
Procedural due process involves mechanics of hearings
Substantive due process involves content of defendants’ legal rights
Kent, Gault, and Winship shaped juvenile due process law
Procedural due process involves mechanics of hearings
Substantive due process involves content of defendants’ legal rights
Kent, Gault, and Winship shaped juvenile due process law
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Kent v. United StatesKent v. United States
Held that the due process clause applied to juveniles
Limited juvenile courts’ discretion Afforded due process to juveniles
Held that the due process clause applied to juveniles
Limited juvenile courts’ discretion Afforded due process to juveniles
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
GaultGault
Held that due process guarantees juveniles the right to an attorney and the privilege against self-incrimination
Held that due process guarantees juveniles the right to an attorney and the privilege against self-incrimination
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
WinshipWinship
Held that the state must prove the juvenile’s guilt beyond a reasonable doubt
Held that the state must prove the juvenile’s guilt beyond a reasonable doubt
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