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Juvenile Law Juvenile Law

Juvenile Law - PowerPoint Presentation

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Juvenile Law - PPT Presentation

History of Juvenile Law Originally juvenile offenders were treated the same as adult criminals Beginning in 1899 states began forming separate juvenile courts States took responsibility for parenting the children until they showed signs of positive change ID: 325722

law juvenile juveniles gault juvenile law gault juveniles age adult rights court states criminal offense receive disposition years charge

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Slide1

Juvenile LawSlide2

History of Juvenile Law

Originally, juvenile offenders were treated the same as adult criminals

Beginning in 1899, states began forming separate juvenile courts

States took responsibility for parenting the children until they showed signs of positive changeWhy do you think states made this change? Slide3

Rights of Juveniles and

In Re

Gault

The 5th Amendment of the Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall [a person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law."Slide4

Rights of Juveniles and

In Re

Gault

The 14th Amendment of the Constitution states that "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."Slide5

Rights of Juveniles and

In Re

Gault

Who: Gerald Gault, age 15

What:

Accused of making an obscene phone call to his neighbor.

Gault

said that his friend made the phone call.

Police placed

Gault

in detention without informing his parents.

One week later a judge sentenced

Gault

to the State Industrial School until

Gualt

turned 21 years old.

No witnesses or jury were present at the trial. Slide6

Rights of Juveniles and

In Re

Gault

Supreme Court Decision: Juvenile Courts must respect the Due Process rights of juveniles during their proceedings.

Youth have the following rights under the law:

The right to receive notice of charges

The right to obtain legal counsel

The right to "confrontation and cross-examination"

The "privilege against self-incrimination"

The right to receive a "transcript of the proceedings," and

The right to "appellate review" Slide7

Questions from Gault

Do you think that this decision helps or harms juveniles? Why?

Do you think that juveniles should have the same rights as adults? Why? Slide8

What is the Purpose of Criminal

L

aw?

Punishment“Eye for an Eye”Way for society to take revengePreventionDiscourage offender from committing crimes in the futureDiscourage future offendersIncapacitation

Lock up in jail

Protect society from offender

Rehabilitation

Focus on changing behavior to lead a productive life

Examples: vocational programs, counseling

What do you think is the

goal of juvenile justice?Slide9

Key Terminology

Criminal System

Juvenile

SystemDefendant

Respondent

Trial by jury

Adjudication, not all states give juveniles

the right to a jury trial

Sentencing

Disposition

Crime

Offense

Criminal

Juvenile

Offender

Guilty

Delinquent

Sentenced based upon offense

Sentencing varies,

many optionsSlide10

Activity

4 Cases, 4 Crimes, You Be the JudgeSlide11

Review From Yesterday

Juvenile law did not always exist in the U.S.

In Re

GaultJuvenile Law and Criminal Law are NOT the sameRehabilitation vs. punishmentOffender vs. CriminalSentencing based upon individual vs. predetermined sentencingSlide12

Juvenile Law in Minnesota

Apprehended by police

Petitioned for an offense

Found by court to have committed offense

Receive a disposition to be placed in a juvenile facility

Juvenile System

Criminal System

Arrested by police

Charged with a crime

Found guilty by court

Sentenced to an adult correctional facility for a specified period of timeSlide13

Minnesota Juvenile Justice System

Apprehended

Juvenile Court

Disposition Hearing

Trial

Certified as an Adult/ Extended

J

urisdiction

J

uvenile

Child in need of protection

Under age 10 at Time of offense

Age 10-17 at time of offense

Denies Charge

Admits to offense charge

Found to have committed charge

Found not to have committed charge

Dismissed

Over 14 and charged with a felonySlide14

Apprehension

Most apprehensions are done by police officers

If the juvenile is between 10 and 17 years of age, the case is referred to juvenile court and is considered rehabilitative

If the juvenile is younger the 10 years of age, the case is sent to juvenile court as a child in need of protection and social services becomes involvedSlide15

Juvenile Court

Usually a bench trial which means the judge is the only fact finder and there is no jury

Judge determines if the youth is delinquent

If youth is determine delinquent, the judge sets a date for the disposition hearingSlide16

Certified as an Adult &

Extended Jurisdiction Juvenile

Occurs at Disposition Hearing

May be certified as an adult if:

Older than 14 years of age

and

c

harged with a felonyAge 16 or older and charged with first degree murder

If convicted, will receive an adult sentence

Extended Jurisdiction Juvenile

Between 14 and 17 years of age

and

charged with a felony

Given a juvenile disposition and the adult sentence is stayedSlide17

Tried as Adults: Cruel and Unusual Punishment?

The 8

th

Amendment of the U.S. Constitution prohibits the infliction of “cruel and unusual punishment.”When juveniles are tried as adults they may receive life in prison without parole or the death penaltyDo you think these punishments are cruel and unusual? Slide18

Juveniles as Adults

Juvenile or Adult - What do you think?

http://www.youtube.com/watch?v=vTzEThnv-vk&feature=relatedSlide19

Activity

Juvenile Law Jeopardy