Taylor2 ppt ch8

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Text of Taylor2 ppt ch8

  • 1. Chapter 8 Juvenile Law and Procedure

2. Chapter Outline

  • The Development of Juvenile Law and Procedures
  • Early Juvenile Law
  • Landmark U.S. Supreme Court Cases in Juvenile Justice
    • Kent v. United States
    • In re Gault
    • In re Winship
    • McKeiver v. Pennsylvania
    • Impact of the Landmark Cases

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 3. Chapter OutlineContinued

  • Issues in Juvenile Law
    • Juvenile Waiver of Rights
    • Juvenile Right to counsel
    • Search and Seizure
    • Interrogations and Confessions
    • Juvenile Proceedings
    • Juvenile Records
    • Bail
    • Detention

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 4. Chapter OutlineContinued

    • Juvenile Right to Jury Trial
    • Juvenile Correctional Law
    • Right to Treatment
    • Juvenile Rights at School
    • Victims Rights in Juvenile Justice
    • Curfew Laws
  • Adult Criminal Trials versus Juvenile Adjudicatory Proceedings

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 5. Development of Juvenile Law and Procedures

  • Hands-off approach the idea that day-to-day operations of the juvenile justice system should be left up to the professionals working in the system without court review or intervention.
  • Due process revolution period of time during the 1960s and early 1970s when the Supreme Court made several rulings that created or applied additional due process protections to criminal justice.
  • Medical Model the basic philosophy behind the creation of the juvenile court, which involved treatment of the offender.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 6. Development of Juvenile Law and ProceduresContinued

  • Civil nature of juvenile proceedings the juvenile court was operated and proceeded similarly to a civil court rather than a criminal court.
  • Procedural Rights rights that govern the process by which a hearing or court action will proceed.
  • Substantive Rights rights that protect an individual against arbitrary and unreasonable actions.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 7. Early Juvenile Law

  • Juveniles were:
  • Arrested without warrant or cause
  • Interrogated by police at length without parental notification or legal counsel
  • Were not advised of any rights
  • Were incarcerated for lengthy periods at the whim of a juvenile court judge

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 8. Kent v. U.S.

  • Arrested for burglary, robbery, and rape.
  • Waived to adult court.
  • Issue: was Kent entitled to due process in the criminal justice system?
  • Decision: First U.S. Supreme Court case to rule that juveniles facing waiver to adult court are entitled to due process rights.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 9. In re Gault

  • Issue: Does a juvenile have due process rights during the adjudication stage of a delinquency proceeding?
  • Decision: Gault was granted rights to
    • Reasonable notice of the charges
    • Counsel as well as appointed counsel if indigent
    • Confront and cross examine witnesses
    • Against self-incrimination, including the right to remain silent

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 10. In re Winship

  • Supreme Court decided the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt.
  • Proof beyond a reasonable doubt the facts and evidence are entirely convincing and satisfy that the person committed the act beyond any reasonable doubt.
  • Preponderance of the evidence evidence that is of greater weight or more convincing than evidence that is offered in opposition to it. Sometimes referred to as more than 50%.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 11. McKeiver v. Pennsylvania

  • U.S. Supreme Court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings.
  • Reasons to deny the right to a jury trial:
    • Juveniles are already protected enough through prior decisions
    • Jury trials would end informal, protective proceedings
    • Jury trials would not strengthen the fact-finding function of the juvenile court
    • Jury trials would end the distinction between the criminal and juvenile systems

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 12. Breed v. Jones

  • The U.S. Supreme Court ruled that juveniles are protected against double jeopardy by the 6 thAmendment to theU.S. Constitution.
  • This means that a juvenile could not be tried in a juvenile court and then tried again in an adult court for the same offense.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 13. Fare v. Michael C.

  • The Supreme Court case that established ground rules for determining whether a juvenile has knowingly and voluntarily waived his or her rights.
  • The Court had to decide under what circumstances a juvenile, without consulting a parent, attorney, or other interested adult, can make an intelligent, understanding, and voluntary waiver of his rights.
  • The Court applied the totality of circumstances approach as the standard applicable to juveniles.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 14. Problems Facing Public Defenders in Juvenile Court

  • Annual caseloads of more than 500 cases.
  • Lack of resources for independent evaluations, expert witnesses, and investigatory support.
  • Lack of computers, telephones, files, and adequate office space.
  • Inexperience, lack of training,low morale, and low salaries.
  • Inability to keep up withrapidly changing juvenilecodes.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved. 15. New Jersey v. T.L.O.

  • The Supreme Court decision that school officials only need reasonable grounds, not probable cause, to search a student when they suspect that the search will turn up illegal evidence.
  • The Court ruled that school officials do not have to have a warrant to justify a search.

Copyright 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.