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
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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