Juvenile JusticeJuvenile Justice

CJ 3650 CJ 3650

Professor James DrylieProfessor James Drylie

Chapter 10Chapter 10

Juveniles in the Juveniles in the

Criminal Justice SystemCriminal Justice System

•• By the late 1800s the creation of the By the late 1800s the creation of the juvenile justice system was in response to juvenile justice system was in response to the belief that juveniles lacked the the belief that juveniles lacked the maturity and culpability that was a maturity and culpability that was a requirement for incarceration in the adult requirement for incarceration in the adult criminal justice system.criminal justice system.

•• Juveniles were treated as less Juveniles were treated as less blameworthy and considered to be more blameworthy and considered to be more amenable to treatment. amenable to treatment.

Waiver to Adult CourtWaiver to Adult Court•• The process through which the juvenile The process through which the juvenile

system relinquishes jurisdiction over the system relinquishes jurisdiction over the offender. offender.

•• Juveniles that are waived to adult court Juveniles that are waived to adult court generally receive not exceptional or generally receive not exceptional or special treatment.special treatment.

•• Other terms for waiver includeOther terms for waiver include–– CertificationCertification

–– TransferTransfer

–– RemandRemand

–– Binding over Binding over

•• Waivers are relatively rare (N=7500) or Waivers are relatively rare (N=7500) or

less than 1 percent of the total number of less than 1 percent of the total number of

juvenile cases handled formally.juvenile cases handled formally.

–– 34% (n=2500) involved violent offenses34% (n=2500) involved violent offenses

–– 40% (n=3000) property crimes40% (n=3000) property crimes

–– 16% (n=1200) drug offenses 16% (n=1200) drug offenses

–– 11% (800) public order11% (800) public order

•• Waiver was not axiomatic Waiver was not axiomatic

–– In the 1920s only 10 states allowed for it.In the 1920s only 10 states allowed for it.

Purpose Purpose •• Three basic reasons:Three basic reasons:

–– Heinous and violent offenders Heinous and violent offenders

–– Chronic offenders Chronic offenders

–– Impose longer sentences than what is Impose longer sentences than what is available in the juvenile system available in the juvenile system

•• Limitations Limitations –– jurisdictional age limitjurisdictional age limit–– A primary limitation is substantiveA primary limitation is substantive

•• Prevented by lawPrevented by law

•• Examine the Jonesboro, Arkansas caseExamine the Jonesboro, Arkansas case–– Page 283Page 283

–– Both shooters were under the age of 14.Both shooters were under the age of 14.

–– State law prohibited the waiver due to the ages of the State law prohibited the waiver due to the ages of the shooters shooters –– one boy was 13 and the other was 11.one boy was 13 and the other was 11.

•• Terms of sentenceTerms of sentence

–– Many juvenile offenders are sentenced to Many juvenile offenders are sentenced to

juvenile facilities and must be released by a juvenile facilities and must be released by a

certain age regardless of the offense certain age regardless of the offense

committed. committed.

–– Age limits usually between 19 Age limits usually between 19 –– 2121

•• The majority of states set 21 as the upper age The majority of states set 21 as the upper age

limitlimit

Types of WaiverTypes of Waiver

•• Judicial Judicial

–– The most common and the longest history The most common and the longest history

–– Originally, the only means of waiver Originally, the only means of waiver

–– Involves the use of judicial discretion Involves the use of judicial discretion

–– Three types:Three types:

•• DiscretionaryDiscretionary

•• Mandatory Mandatory

•• Presumptive Presumptive

Discretionary waiversDiscretionary waivers•• The most frequently usedThe most frequently used

•• Waiver laws vary by stateWaiver laws vary by state

•• Generally based on two factors:Generally based on two factors:

–– Offenses consideredOffenses considered

–– Minimum age Minimum age

Waiver Hearing Waiver Hearing •• Prosecution presents evidence regarding reasons Prosecution presents evidence regarding reasons

for waiverfor waiver

•• Defense will similarly argue againstDefense will similarly argue against

•• Standard criteria per Standard criteria per KentKent

–– Seriousness of offenseSeriousness of offense

–– Aggressiveness, premeditation, or willfulAggressiveness, premeditation, or willful

–– Crimes against persons or propertyCrimes against persons or property

–– Merit of the complaint Merit of the complaint

–– If accomplices were adultsIf accomplices were adults

–– Sophistication and maturity of offenderSophistication and maturity of offender

–– Previous recordPrevious record

–– Likelihood of rehabilitation as a juvenile Likelihood of rehabilitation as a juvenile

Mandatory Judicial Waiver Mandatory Judicial Waiver •• Unlike the Unlike the Kent Kent criteria in discretionary criteria in discretionary

waivers, this waiver focuses on the waivers, this waiver focuses on the probable cause that links the juvenile to probable cause that links the juvenile to the offensethe offense

•• Under this waiver, if PC exists for arrest Under this waiver, if PC exists for arrest then the judge then the judge mustmust waive the case to waive the case to adult court. adult court.

•• Only 15 states allow for this type of Only 15 states allow for this type of waiver.waiver.

•• Certain limitations:Certain limitations:–– Capital crimes (death penalty)Capital crimes (death penalty)

–– Minimum age (17 in most jurisdictions)Minimum age (17 in most jurisdictions)

Presumptive Waiver Presumptive Waiver

•• Certain cases are designated where the Certain cases are designated where the

waiver is presumed to be appropriate. waiver is presumed to be appropriate.

•• Under this model the defense bears the Under this model the defense bears the

burden of proof and must argue why the burden of proof and must argue why the

case should not be waived.case should not be waived.

•• Statutory criteria that triggers presumptive Statutory criteria that triggers presumptive

waiver fails into three categories:waiver fails into three categories:

–– OffenseOffense--basedbased

–– AgeAge--basedbased

–– RecordRecord--based based

Legislative Waiver Legislative Waiver •• Legislative or statutory (Legislative or statutory (automatic)automatic)

waiver introduces the juvenile into the waiver introduces the juvenile into the adult criminal justice system at the point adult criminal justice system at the point of arrest and bypasses the juvenile court of arrest and bypasses the juvenile court altogether. altogether.

•• Removes the personal element inherent in Removes the personal element inherent in judicial waivers. judicial waivers.

•• Considered to beConsidered to be

–– RationalRational

–– Nondiscretionary Nondiscretionary

–– Easily administered Easily administered

What is excluded?What is excluded?•• Usually violent crimeUsually violent crime

–– MurderMurder

–– Sexual offenses Sexual offenses

–– Aggravated robbery Aggravated robbery •• Example:Example:

–– New Mexico New Mexico –– a 15 year old who commits 1a 15 year old who commits 1stst Degree Degree murder is automatically treated as an adult. murder is automatically treated as an adult.

•• Juveniles previously waived to adult court Juveniles previously waived to adult court and continue to commit crime. and continue to commit crime. –– Referred to as Referred to as ““once an adult always an once an adult always an

adultadult”” laws. laws.

Prosecutorial WaiversProsecutorial Waivers

•• Occurs when there is a concurrent Occurs when there is a concurrent

jurisdiction in the adult and juvenile courts jurisdiction in the adult and juvenile courts

and the prosecutor has the option to file and the prosecutor has the option to file

charges in either jurisdiction. charges in either jurisdiction.

•• Controversial due to the level of Controversial due to the level of

prosecutorial discretionprosecutorial discretion

•• Prosecutors are interested in securing Prosecutors are interested in securing

convictionsconvictions

–– Rehabilitation is not a primary concern Rehabilitation is not a primary concern

Trends Trends •• Perceived as a way to get tough with Perceived as a way to get tough with

juvenile offenders.juvenile offenders.

•• Recently, states have passed laws making Recently, states have passed laws making

easier to waiver juveniles to adult court.easier to waiver juveniles to adult court.

–– There has been a lowering of the minimum There has been a lowering of the minimum

age limitsage limits

–– Expanding the number of offenses consideredExpanding the number of offenses considered

–– Enacting or modifying legislative waivers Enacting or modifying legislative waivers

Effectiveness Effectiveness •• What is the purpose of waiver?What is the purpose of waiver?

•• Some argue that itSome argue that it–– Imposes more sever sanctionsImposes more sever sanctions

–– Longer sentencesLonger sentences

–– Reserved for serious and violent offenders Reserved for serious and violent offenders

•• Effectiveness of waivers is based onEffectiveness of waivers is based on–– Are most offenders who are waived violent Are most offenders who are waived violent

offenders?offenders?

–– Do waived cases result in more punitive Do waived cases result in more punitive measures. measures.

•• Punishment gap Punishment gap –– involves 1involves 1stst time time juvenile waivers usually given leniency. juvenile waivers usually given leniency.

Public attitudes Public attitudes •• A majority of people polled support A majority of people polled support

waivers for serious, violent offenders waivers for serious, violent offenders

(86%)(86%)

–– Close to 70% support waiver for selling drugsClose to 70% support waiver for selling drugs

–– 62% for serious property crimes.62% for serious property crimes.

Blended Sentencing Blended Sentencing •• The imposition of juvenile and/or adult The imposition of juvenile and/or adult

correctional sanctions for serious and violent correctional sanctions for serious and violent offenders.offenders.

•• A recent trend in juvenile sanctionsA recent trend in juvenile sanctions–– There is a blurring of the traditional dividing line There is a blurring of the traditional dividing line

between adult and juvenile systems.between adult and juvenile systems.

•• There are five types of blended sentence:There are five types of blended sentence:–– JuvenileJuvenile--exclusiveexclusive

–– JuvenileJuvenile--inclusiveinclusive

–– JuvenileJuvenile--contiguous contiguous

–– CriminalCriminal--exclusiveexclusive

–– CriminalCriminal--inclusive inclusive

JuvenileJuvenile--exclusive exclusive

•• The case is processed in juvenile court.The case is processed in juvenile court.

•• If adjudicated a delinquent the judge may If adjudicated a delinquent the judge may

sanction one term or anothersanction one term or another

–– Juvenile termJuvenile term

–– Adult term Adult term

•• The exclusiveness is due to deciding one term or The exclusiveness is due to deciding one term or

another, not both. another, not both.

JuvenileJuvenile--inclusive inclusive •• The case is processed in juvenile court.The case is processed in juvenile court.

•• In this case the judge can simultaneously In this case the judge can simultaneously

impose a juvenile and adult correctional impose a juvenile and adult correctional

sanction.sanction.

–– What differs from other types of sentences is What differs from other types of sentences is

that the adult correctional sanction is that the adult correctional sanction is

suspended if the juvenile satisfactorily suspended if the juvenile satisfactorily

completes the juvenile term without further completes the juvenile term without further

offending. offending.

JuvenileJuvenile--contiguous contiguous •• The case is processed in juvenile court.The case is processed in juvenile court.

•• The sentence can exceed the jurisdictional The sentence can exceed the jurisdictional

age limit of the juvenile correctional age limit of the juvenile correctional

system.system.

•• The juvenile is moved from the juvenile The juvenile is moved from the juvenile

facility to an adult facility prior to facility to an adult facility prior to

completing the juvenile portion of the completing the juvenile portion of the

sentence.sentence.

–– Most frequently by age 21. Most frequently by age 21.

CriminalCriminal--exclusive exclusive

•• The case is processed in the adult criminal The case is processed in the adult criminal system.system.

•• The judge may impose a juvenile or adult The judge may impose a juvenile or adult sanction, but not both. sanction, but not both.

Criminal-inclusive •The case is processed in adult court.

•After conviction the judge imposes both a juvenile and adult sanction.

•Follows the juvenile-inclusive for good behavior.

Juveniles in adult prisons Juveniles in adult prisons •• Straight adult incarceration Straight adult incarceration –– when the when the

juvenile is entered directly into the adult juvenile is entered directly into the adult

population. population.

–– Represent less than 1% of the total adult Represent less than 1% of the total adult

prison population. prison population.

•• Segregated incarceration Segregated incarceration –– when when

juveniles, often between the ages of 18juveniles, often between the ages of 18--

25, are placed in separate faculties. 25, are placed in separate faculties.

The Death Penalty for JuvenilesThe Death Penalty for Juveniles•• Roper v. SimmonsRoper v. Simmons (1975) (1975) –– the US the US

Supreme Court ruled that the imposition Supreme Court ruled that the imposition

of the death penalty on juvenile offenders of the death penalty on juvenile offenders

is unconstitutional. is unconstitutional.

–– Eighth Amendment Eighth Amendment

•• Cruel and unusual punishmentCruel and unusual punishment

–– Fourteenth Amendment Fourteenth Amendment

•• Applies the Eighth Amendment to the states. Applies the Eighth Amendment to the states.

Prior to Prior to RoperRoper•• There have been 366 documented juvenile There have been 366 documented juvenile

executions in the United States.executions in the United States.

•• Represent 2% of the total number of Represent 2% of the total number of

executions.executions.

•• The practice has a long history.The practice has a long history.

–– Under common law a 7 year old received the Under common law a 7 year old received the

same punishment as an adult.same punishment as an adult.

–– 1642 1642 –– first documented case of a 16first documented case of a 16--year old year old

executed for bestiality.executed for bestiality.

•• Juveniles as young as 10 have been executed in Juveniles as young as 10 have been executed in

the United States.the United States.

The The Simmons Simmons case case •• Christopher Simmons was 17 when he Christopher Simmons was 17 when he

committed murder.committed murder.

–– Could be categorized as a Could be categorized as a ““thrill murderthrill murder””

–– Simmons was sure he could get away with it.Simmons was sure he could get away with it.

–– Simmons was overheard bragging about the Simmons was overheard bragging about the

murder after it was committed.murder after it was committed.

–– He was tried as an adult.He was tried as an adult.

–– He was convicted.He was convicted.

–– An appeal under An appeal under Atkins v. VirginiaAtkins v. Virginia (mentally (mentally

retarded defendant).retarded defendant).

•• Reasoning was that Reasoning was that AtkinsAtkins addressed age. addressed age.