Download Juvenile Justice Overview

Juvenile Justice
Overview
Written by
Dale Herren, Deputy Probation Officer II
Historical Perspective*

Roots of probation can be traced to 16th
century Europe and French educational and
religious reform movements


Changed the public view of children from
“miniature adults” to persons whose moral and
cognitive capacities are not fully developed.
This led to the development of boarding schools
with rigid requirements that would form the
mentality and morality of the child.

The British doctrine of parens patriae
(literally – parent of the country)*




The right of the state to intervene in the life
of a child differently from the life of an adult.
Interpreted as the right of the King (state) to
provide protection for persons who were not
of full legal capacity.
Generally applied in cases of neglect and
abuse and on behalf of insane and
incompetent persons.
Emphasis on the welfare of the child.

The English Court of Chancery dealt with
neglected, dependent, or destitute
children. Any child over 9 years of age
might be found guilty and punished for a
felony, and even younger children were
tried and sentenced for less serious
offenses.

In 1796, a Quaker-led reform
movement in New York City led to
legislation which replaced whipping
and death with confinement in newly
built prisons for many offenses.

1823 – the Society for the Prevention of
Pauperism in New York City report


Focused on plight of the horde of “dirtymouthed children who thronged the city
streets and subsisted on picking pockets and
other crimes.”
Recommended erecting a house of refuge for
vagrant and deprived young people and
declared that the contamination of children by
locking them up with mature criminals had
been one of the worst consequences of the
prison reform.

1824 – the New York Legislature granted the
Society’s successor the authority to build a
house of refuge for the reformation of juvenile
delinquency.


The early houses of refuge in New York,
Pennsylvania, Massachusetts, and Ohio
were founded on the principles of
education and religion.
By the 1850’s – a new type developed,
exemplified by rural cottage institutions in
Massachusetts and Ohio.
John Augustus – Father of Probation



Boston shoemaker
1841 – bailed a drunkard out of jail, took
him into his home in effort to reform him.
1847 – bailed 19 boys aged 7 – 15 years


Court understood and agreed that cases
should be continued from term to term for
several months as a season of probation.
Boys appeared monthly before the Court for
five or six months.


1869 – Massachusetts legislature required
a state agent to be present at any trial
that might result in a child’s being placed
in a reformatory.
Tasks of this agent:




Alternative placement
Protect child’s interest
Investigate case before trial
Supervise Court’s plan for child after
disposition.
1870 – Suffolk County, Massachusetts –
children were tried separately from adults
1872 – State-wide

1878 – Massachusetts


Probation became mandatory state-wide
Salaried Probation Officers required for each
Court jurisdiction
By 1900 – Vermont, Rhode Island, New Jersey,
New York, Minnesota, and Illinois had passed
similar laws



1892 – New York, Indiana, and Rhode
Island also passed laws to try children
separately from adults.
1899 – Illinois Juvenile Court Act – Cook
County – the first of its kind, not only in
the US, but in the world.*
1900 – 1910 – Thirty two more states
passed legislation establishing juvenile
probation services.

By 1930 – Juvenile probation was
legislatively authorized in every state
except Wyoming.

The definition of delinquency was
broadened shortly after the Illinois
Juvenile Court Act to embrace both the list
of peculiarly juvenile offenses, such as
frequenting places where any gaming
device was operated and the apparently
all-encompassing “status offenses” of
incorrigibility and growing up in idleness
or crime.

1907 – the definition was again
broadened to include:



Running away from home
Loitering
Using profanity



Crime by juveniles was not seen as crime
in the sense that it was for adults, but as
evidence of delinquency.
Juvenile errors and omissions were not to
be held against an offender in later life.
Court’s task was not to punish juvenile
crime, but to guide delinquents to
responsible and productive adulthood.
Juvenile Cases

Kent v U.S. 1966


Dealt with Transferring juveniles to adult
court; representation by attorney; access to
juvenile records.
Four problems were seen
Lack of hearing
 Lack of effective assistance of counsel
 Access to records
 Lack of statement of reasons for transfer

Miranda v Arizona - 1966




Recognized the need to impose strict
constitutional limits upon custodial interrogation.
Requires a clear foundation for the waiver of the
fundamental right against self-incrimination.
Waiver must be both knowledgeable and
voluntary.
Independent of any rights of the parents.
Protects the child against the authority of the
state and against any conflicting interest or
attitude of the parents.

In re Gault 1967*



Adjudicatory Hearing; Notice of charges;
right to counsel; rights of confrontation at
hearing
No “due process” rights or fundamental
fairness standards made applicable.
Arizona case


1968 – the Juvenile Delinquency
Prevention and Control Act was passed by
Congress
In re Winship 1969

Standard of proof: beyond a reasonable doubt
- was the same standard as in civil cases
By a preponderance of the evidence = more than
50%
 Reasonable doubt = the evidence, taken as a
whole, tends to exclude every other reasonable
explanation, except as charged, with a moral
certainty.


1974 – the Juvenile Justice and Delinquency
Prevention Act



Created the Office of Juvenile Justice and
Delinquency Prevention within the U.S.
Department of Justice
Deinstitutionalization of status offenders and
non-offenders
Separation of incarcerated juveniles from adults



1984 – Schall v Martin – preventive pretrial detention of juveniles; “fundamental
fairness” standard of due process clause
1988 – Thompson v Oklahoma – did not
authorize death penalty for 15 year olds
1989 – Wilkins v Missouri – death penalty
ruled not cruel and unusual for 16 or 17
year olds
Other Cases



1971 – McKeiver v Pennsylvania – no right
to trial by jury
1975 – Breed v Jones – double jeopardy:
juvenile adjudication equated to criminal
conviction
1978 – Swisher v Brady – no double
jeopardy: in de novo (new) hearing or
supplemental findings by judge after trial
before a master
Definition of Delinquency


Includes offenses committed by juveniles
that are in violation of federal, state, and
local laws, which breaches of the law by
adults would be punishable by fines or
imprisonment;
Certain forms of behavior peculiar to
youth, such as running away from home,
excessive truancy from school,
incorrigibility, and similar forms of deviant
behavior;

And being in places or living in
surroundings that are regarded as
harmful to youth, and that lawfully may
be interpreted as requiring official
action.*
Delinquent/Incorrigible Acts*

Parent, School or other notifies Law
Enforcement

Law Enforcement issues

Citation

Status Offenses – Acts by juveniles which constitute a
public offense only because committed by children
 Date set for appearance in Municipal or Justice Court
 Juvenile placed on Summary Probation and given
consequences
 If copy received at Probation, entered into JOLTS as
Information Only – no further action.
 If juvenile fails to comply, lower courts forward to
Probation and a Petition may be filed in Superior
Court for Interfering With Judicial Proceedings.

Referral/Complaint

“Delinquent Act”: Offenses that would be a “crime”
if committed by an adult.


Felony
Misdemeanor
Runaway Juvenile (only Status offense handled
directly by Probation rather than lower court)
 Sent to Probation



Diversion/Adjustment
Send to County Attorney
 Diversion/Adjustment
 File Petition
Diversion Program

County Attorney designates certain offenses for
Diversion (a method of avoiding prosecution of
juvenile offender) without additional review.


First or Second offenses – most misdemeanors,
Possession of Drug Paraphernalia
All Runaway Juvenile referrals
Third referral and beyond must go to County
Attorney except Info Only and RAJ. If the
juvenile was placed on probation - all additional
referrals go to the County Attorney except Info
Only and RAJ.

Once it is determined that a referral is
qualified for Diversion, an appointment is
set.



Parent and Juvenile attend
Meet with Probation Officer
Three conditions to Diversion
Admit
 Accept Interventions
 Successfully Complete Interventions


Parent provides information regarding

Social history, family
School
Behavior

Juvenile provides information regarding


Drug/alcohol use
 Treatment by family
 Employment
 Friends
 Factual basis of offense


Juvenile admits responsibility





Identifies victims and how they felt – no
victimless offenses
What repair is needed
Interventions at home
Remorse
What was learned from the interview

Interventions are assigned based on





Type/nature/number of offense
Age of juvenile
Juvenile’s needs as determined by the
information provided on the parent and
juvenile forms
Juvenile’s risk to re-offend
Victim’s needs

Interventions are designed to





Improve decision/choice making skills
Teach empathy
Teach skills
Repair harm to victim/community
Protect the community by keeping the
juvenile busy and re-directing his interests
and actions in a positive direction
Examples of Interventions








Community Restitution Hours
Teen Court
Apology Letter
Essay
Counseling
Teen Law School
Tutoring
Monetary Assessment

Fees are assessed





PAF
Victim Rights Fee
Surcharge
Fees for other programs
Monetary assessments
Juvenile has a maximum of 90 days to complete
interventions although shorter time frames
are usually given. Probation Officer monitors
file for the next 45 to 90 days to insure
completion.


If the juvenile successfully completes all
the interventions, the file is closed
Diversion Complete.
If the juvenile fails to complete all the
interventions, the referral is sent to the
County Attorney with recommendations.




Close, sufficient – Diversion Non-Complete
Extend time
File Petition
Other
Delinquency Petitions

When the County Attorney’s office
determines that a Petition should be filed:

Summons is served with date and time of first
hearing.
Advisory Hearing or Initial Appearance – IA
 Adjudicatory Hearing
 Contested Adjudicatory
 Disposition
 Restitution
 Transfer

Advisory Hearing or IA






Inform juvenile and parent/guardian of
charges.
Advise juvenile of the right to an attorney.
Find probable cause.
Advise juvenile of the right to admit or
deny the charge.
Determine terms of release.
Set date for next hearing.
Adjudicatory Hearing



To prove “beyond a reasonable doubt”
that the juvenile committed the offense.
Set time of next hearing if the juvenile is
found delinquent.
Set terms of release if the juvenile is
found delinquent.
Contested Adjudicatory Hearing





Bench Trial
Defense and State can call witnesses
Juvenile can testify in his/her own defense
but does not have to and it cannot be held
against him/her if he/she chooses not to.
If found innocent – case is closed
If found delinquent – proceeds to
Disposition Hearing
Disposition Hearing



Determines custody of delinquent
juvenile.
Provides an intervention for all juveniles
found delinquent or who admit
delinquency at a previous hearing.
Is considered the sentencing hearing.



Fingerprints are taken for all felony
offenses
DNA for certain types of offenses
DMV Abstract for certain types of
offenses
Grants of Probation

Standard Probation





One year
See PO 2-3 times per month
Curfew
Other conditions
Juvenile Intensive Probation






Statute 8-352 and Supreme Court Administrative
Order 2000-83
Until 18th birthday/9 month program
See PO 4 times a week
32 hour per week requirement
House arrest
Mandatory for 2nd felony adjudication
Juvenile Detention


Detention of juveniles is addressed in Rule
23 of the Arizona Juvenile Court Rules of
Procedure.
Upon admission to the detention facility:

Juvenile and parent/guardian must be notified
of the reason for admission and location, date
and time of the detention hearing. A written
record of the time and manner of the
notification must be made.
A determination must be made of the
juvenile’s conduct and whether his/her
contact with other juveniles must be
restricted.
The juvenile must be advised of the right
to telephone a parent/guardian and
counsel following admission, and the right
to visitation in private by the
parent/guardian and counsel.



Juveniles must be seen within 24 hours of
admission, unless a Delinquency Petition
or Criminal Complaint is filed.
When a Petition is filed, the juvenile must
be seen within 24 hours of that filing,
unless so ordered by the court after a
hearing.
If a juvenile is not seen within 24 hours of
the filing of a Petition, the juvenile shall
be released to parent/guardian or other
responsible person, or to DCS if such
person cannot be located.
Probable Cause

A juvenile shall be detained only if there
is probable cause to believe that the
juvenile committed the acts alleged in
the referral, petition or complaint, and
there is probable cause to believe:





The juvenile will not otherwise be present
at any hearing; or
The juvenile is likely to commit an offense
injurious to self or others; or
The juvenile must be held for another
jurisdiction; or
The interests of the juvenile or the public
require custodial protection; or
The juvenile must be held pending the
filing of a complaint pursuant to ARS 13501.


Detention is not an ordinary child care job, not
just another means of shelter or custodial care,
not a punitive institution or a dumping ground
for other agencies, and not for long-time care,
study, or treatment purposes.
Provides primarily: physical care and custody
under safe and healthful conditions; a place to
meet non-physical needs, such as orientation
and follow-up interviews, supervision of
recreational, educational, and other activities,
taking into account the age and developmental
levels; and information to the court based on
observation and clinical study of the child’s
capacities and needs as revealed during
detention.
Mohave County Juvenile
Detention Facility




Staffed to house 32 juvenile.
Houses both males and females.
Two holding cells for juveniles whose access to
other juveniles is restricted.
Accredited school.
Arizona Department of
Juvenile Corrections (ADJC)


Sentenced until 18th birthday
Special Programs








Crossroads – for violent offenders
Chronic Offenders – chronically aggressive male
offenders
Journey – sexualized behavior offenders
Triumph – mentally ill males
Maya – mentally ill females
Recovery – drug abusing male offenders
Freedom – additional drug abusing male offenders
Recovery – 1999 opened for drug abusing females
Transferred Youth

ARS 8-237



The state requests an order of the juvenile
court transferring jurisdiction of the criminal
prosecution of any felony filed in the juvenile
court to the criminal division of the superior
court.
The court will hold a transfer hearing prior to
the adjudicatory hearing.
Preponderance of the evidence
Transfer Hearing




To determine probable cause that the
juvenile committed the offense.
Hear testimony on why the juvenile should
not be transferred to adult court to stand
trial. Transfer is presumptive and the PO
prepares a Transfer Report for/against.
Set terms of release.
Set date of next hearing.
Factors which determine transfer



Seriousness of offense
Record and previous history of juvenile,
including previous contacts with the courts
and law enforcement, previous periods of
court ordered probation and the results of
that probation.
Any previous commitments of the juvenile
to juvenile residential placements and
secure institutions.
Continued



Any previous commitments of the juvenile to the
department of juvenile corrections for a felony
offense
Did the juvenile commit another felony offense
while he/she was a ward of the department of
corrections.
Did the juvenile commit the alleged offense
while participating in, assisting, promoting or
furthering the interests of a criminal street gang,
a criminal syndicate or a racketeering enterprise.
Continued



What are the views of the victim(s) of the
offense(s)?
The degree of the juvenile’s participation
in the offense was relatively minor but not
so minor as to constitute a defense to
prosecution.
The juvenile’s mental and emotional
condition.
Continued


The likelihood of the juvenile’s reasonable
rehabilitation through the use of services
and facilities that are currently available to
the juvenile court.
At the conclusion of the Transfer Hearing,
the court makes a written determination
to transfer or not. If not, the court sets
an Adjudicatory Hearing.
Direct File


ARS 13-501 – Persons under 18 years of age;
felony charging
Juveniles 15, 16 or 17 years of age who are
accused of:






1st or 2nd degree murder
Forcible sexual assault
Armed robbery
Any other violent felony offense (Aggravated Assault,
including use of deadly weapon; Drive by shooting;
discharging a firearm at a structure per statutes)
Any felony offense committed by a chronic felony
offender (two prior and separate adjudications)
Any offense that is properly joined to an offense as
above.

Juveniles who are at least 14 years of age
and are accused of:



A Class 1 felony
A Class 2 felony
A Class 3 felony for:
Preparatory (attempted, solicitation, conspiracy,
facilitation)
 Homicide
□Assault
 Kidnapping
□Sexual Offenses
 Criminal Trespass and Burglary
 Criminal Damage
□Arson
 Robbery
□Organized Crime, Fraud
and Terrorism




A Class 4, 5, or 6 felony involving the
intentional or knowing infliction of serious
physical injury or the discharge, use or
threatening exhibition of a deadly weapon or
dangerous instrument
Any felony offense committed by a chronic
felony offender
Any offense that is properly joined to offenses
as above
In summary:




Development of Juvenile Justice began
with the acknowledgement that juveniles
are not “miniature adults”.
Probation had its birth in the 1840’s with
John Augustus.
Juveniles are not considered “criminals”.
They are “adjudicated delinquent”.
Focus is on rehabilitation first, then
community protection.


A grant of probation is a form of disposition
made by the court. It is a non-punitive method
of treating juveniles, resting on the right of the
court to suspend sentence. It is not leniency or
mercy, but rather a constructive treatment
process.
As applied to juveniles, probation means a
judicial guardianship.




Juveniles are granted the same rights as
adults.
Probation can handle some offenses
through the Diversion Program.
Juveniles are held responsible for their
actions and given interventions which can
include detention and incarceration in
some cases.
The Juvenile Justice System has as its
main focus the best interests of the
juvenile.