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3 periods of Police History, what beh. def. each?
- Traditional or Political: Political corruption and political control of policing. Juv. treated like other offenders, jailed w/adults. Did not pay much att. to juv. problems. Not serious off. Handed off to police matrons.
- Professional: The goal to increase the professionalization of policing, thus removing it from political pressures. Juv. removed from adults whwn incarcerated and adjudicated. Treatment by police did not change, but JJS was forming in the US.
- Community-oriented: Assumption that out of touch with community. Role of police in JJ expanded greatly. Philosophy of policing moved away from the concept of police as crime-fighters, but one of many org. delivering qual. of life srvcs to the community. Juv- prevention and intervention philosophies.
JQ Wilson Police Roles, how affect interactions w/juveniles?
- Law enforcement, order maintenance, community service.
- Legalistic: law enf. Juv. Problem-not police problem. Up to crts, prob., n corr. service juv. Age is not a factor in disp. - violation is what's important. Enforce the law, process the off.
- Watchman: Order maint. (and service r more likely to support educational and recreational programmatic interventions for juv. The role of police in these styles.) juv. R greatest threat to keeping the peace. Treated in paternalistic manner. Leave the area, go home, or keep quiet. Disposition depends on the attitude of the juv. Monitor for the comm. Watch juv and maintain order. Keep them off the streets, keep busy: curfew cntrs, truancy prgrms.
- Service: community srvc. Juv. Become problems when unsupervised and have unocc. Time. Need a role model, structure, n guidance. Parent to juv in need within the comm. Progrms for corr. and del. prev. Educ prgrms are use (DARE, GREAT)
COP-Community Oriented Policing Movement. How changed officer's role in society? What impact on juv. and juv. offenders?
- A philosophical movement in policing designed to make the community a co-active partner with law enforcement.
- Brought out the need for more involvement w/juv. Focus police resources on root causes of crime, rather than effects. Crime reduction if greater attention to juv. and family matters.
- Know kids better-better solve problems, closer w/kids. Immediate impact-crime rates go up, because in the community more, see crime more.
POP- Problem-Oriented Policing. SARA model.
- Herman Goldstein: A philosophical movement in policing that attempts to take the focus of the police away from responding to calls and crime problems in a reactive fashion.
- SARA model: Scan, Analyze, Respond, Asses. By solving underlying problems, the police can prevent or eliminate repetitive calls generated by underlying problems.
CHINS, CINS, MINS, PINS
CHINS (child), CINS (conduct), MINS (minor), PINS (person): in need of supervision.
Protective Custody, why? Other options police officer might have. Officer's attitudes when dealing w/juv. and why?
- Protective Custody: taking a minor into police custody to protect him/her from possible harm. TO protect children from abuse, neglect, and other victimizations.
- Status offense
- Curfew, truancy, runaways (to protect, not prosecute)*Low Priority Crimes
- -Can view juvenile matters as a hassle. Paperwork, increased time in processing, other unique juv. procedures.
- -Informal disposition. What is best for the child. Frustrated because arrest the same kids. Intake officer can refuse to admit the juv. detention facility.
- -Disdain. Juv. just. systemd does little with juv. off. especially minor and status offenses.
- -More time on serious crimes or calls for service.
- -Where juv. units exist, take "that's their problem" approach
- -Ignore or abandon the problem, because juv. should be taking care of it
- Fundamental to crime prevention.
- Love/hate rel-ship.
What is "hands-off" approach adopted by Supr. Crt?
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.
Fare v. Michael (1979).
Is asking to see your PO the same as asking for legal counsel and does it imply the desire to remain silent?
NO, asking to see your PO is not the same as asking for legal representation, and is not the same as desiring to remain silent.
Kent v. US (1966)
Is Due Process necessary for waiver to the adult court?
Yes, and the waiver process is like a trial, with representation and habeas corpus (witness and face your accusor).
Schall v. Martin (1984)
Is preventative detention of a juvenile constitutional?
YES, under due process clause of the 14th amendment.
McKeiver v. Pennsylvania (1971)
Do juveniles have the right to a jury trial in the adjudication phase of the justice process?
NO, since the process is oriented towards treatment, a jury is unnecessary.
In re Winship (1970)
Do juvenile proceedings have to achieve "reasonable doubt" standard for guilt to be conferred?
YES, but only when the case involves commitment to a locked facility where punishment could occur.
Breed v. Jones (1975)
Does double jeopardy apply to juveniles?
YES, if a juvenile is tried as a juv., he/she cannot face the same charges in the adult court.
New Jersey v. TLO (1985)
Do school officials need a search warrant before they can search a school locker?
NO, but they must have reasonable suspicion based on facts that indicate that the student broke the law or the rules of the school.
Rouse v. Cameron
Aquitted by reason of insanity. Tx facility. How can put in a facility if acquitted and found not guilty? 3 yrs in facility. If was found guilty- only 1yr. in prison/jail. Says no treatment- punishment. Judge and fed. appeal court agree. 14th and 8th am. rights violated. No mens rea- released.
Reasonable expectation for treatment if go to Tx facility. Juv? Privilege can be taken away but rights can't. Right to treatment.
Wyatt v. Stickney
- (Both Rouse and Wyatt- adult cases, but ties in due to lack of mens rea and giving smth up)
- Civil rights, not criminal like in Rouse.
- Family wants Wyatt in facility, not the state. T
- x supposed to make one better- no protection needed, so voluntarily gives up due process.
- Helps define what constitutes Tx: -humane env (no punishment), -qualified staff and enough staff, -treatment plan
Morales v. Turman
- Juv. case. Looks at juv. inst.
- Is what juv. system calls Tx really Tx?
- Were getting people to d jobs that are not trained for. Psych workers applying for juv. counseling jobs- no idea what were doing.
- Need: -psych, adolescent, and other clinical fields, -option of individ/group counseling
How were juv. adjudicated before the establishment of the first juv. crt?
They were treated and sentenced like adults.
What was the Common Law response to juv. crime?
Treat as adults. Age 7 or older could receive the same punishment as an adult.
When and where was the first juv. court established? What was it based on Legally and Theoretically?
- 1899. Chicago, Cook County, IL by the Passage of the Juvemile Court Act.
- Was founded on the concept of PARENS PATRIE (state as a parent).
Players in the process: names and roles?
- Intake officer, presecutor, or judge determines whether to handle the case formally or informally.
- Petition for adjudicatory or waiver hearing- formally
- Diversion (treatment)-informally
- Judge: -hiring, -firing, -estab. crt policies, -operation of the crt, -budgeting, -decisions. Disposition of cases. Can affect parents as well.
- Referees, commissioners, or masters: -hear cases and tend to preadjudication hearings, -less serious cases
- Prosecuting Attorney: state or org. and victim rep. Decides whether the case will be (adjudicated, dismissed, or delayed) diverted (out of system and in treatment), -which charges will be filed and #, -makes a motion for waiver, but judge has to approve, -dsiposition by plea bargaining
- Defense: G.A.L. (Guardian Ad Litem) or CASA (Court appointed Special Advocate), volunteers, does not have to be a lawyer. -present case, -plea bargain, -negotiation, -protect the rights of juv. (not from guilt but from charges)
- PO (Prob. Off.): -sreening (will be handled form. or inform.), -PDIR to determine appr. disp. of the case after adj., -monitor juv. on probation to make sure abide by conditions of prob.
Petition-Arraignment-Adjudication (=trial in adult)-Disposition (PDIR)
In Re Gault
Does a juv. have due process rights during the adjudication stage of a delinq. proceeding?
YES, SC extended procedural rights to juv: -right to counsel (crt app. couns. if indigent),-the right to confront and cross-examine witnesses, -the right against self-incrimination, -right to reasonable notice of the charges
Lewd phone calls, sentenced to industrial school till 21 y.o., 15 at the time.
Eyre v. Shaftsburry
Established legal support for the idea of juv. crt. Created the case law giving states a right to have juv. crts.
Types of waivers, names used for this process in different jurisdictions. What are the different ages at which this can occur?
- Waiver= aka Certification, Transfer, Remand, Binding over.
- Age: 22 states-no minimum age, 10-15 y.o. (16 states- 14 y.o.), 14-17 as a rule.
- Judicial Waiver: juvenile crt judge makes the decision to waive juv. ot adult crt.
- 3 types of judicial waiver: Discretionary-prosecutor files a petition with a juv. court requesting to waive juv. to adult crt. Mandatory-judge must waive a juv. to adult crt if finds probable cause that the juv. comm. the offence. Presumptive-the defense bears the burden of proof and must justify to the judge why the juv. should not be waived.
- Legislative Waiver: a juv. is automatically sent to adult court because of the type of offense that was committed.
- Prosecutorial Waiver: occurs when there is concurrent jurisdiction btwn juv. and adult crts and the prosecutor has the option of filing charges against the juv. offfender in either court.
What cases protect waiver process?
Kent (if waiver, due process rights, if in adult court-legal representation)
3 Mechanisms to deal w/juv. off. in the cj system?
- Blended Sentencing
- Death penalty
Is the death penalty for juv. constitutional? Cases.
- Under the age of 18 at the time that crime was committed, considered unconstitutional under the 8th and 14th amendments.
- Stanford v. Kentucky: 17 repeatedly raped and sodomized a gas station attendent, then drove off shot in the face and back of the head. Convicted of capital murder and sentenced to death.
- Roper v. Simmons: 17, threw woman off the bridge, prmeditation. Imposed the death penalty. Missouri Supreme court gave him life after the Atkins case.
Bobby Davis v. Calif.
- Quid pro quo- "this for that" is recognized as a legal process. Gave up info, but was not safe.
- Adult in folsom. Member of Arian Brotherhood.
- Gives AB's gun to guard. AB's furious at Davis. In protective custody.
- Sued prison bc walked him on front of them and he got hurt by them.
Nathan Birnbaum (MD)
Published paper of right to Tx in ABA journal. Says there is a right to Tx and for mentally ill. Mentally ill give up things to go into Tx (quid pro quo).
Competency Hearing- not trial, of found non-compis mentus go to Tx. Right to Tx, because lack of due process.