Chapter 19
Juvenile Courts
LEARNING OBJECTIVES
1. Describe the child-saving movement and its relationship to the doctrine of parens
patriae.
2. List the five ways that juvenile courts differ from adult courts.
3. Discuss how states vary in terms on when a juvenile may be transferred to adult
court for prosecution.
4. Contrast the three major types of cases that are heard in juvenile court.
5. Identify and briefly describe the single most important Supreme Court case with
respect to juvenile justice.
6. Explain the difference between a juvenile case that is petitioned and one that is
nonpetitioned.
7. Compare and contrast how adherents of the crime control model and proponents
of the due process model of criminal justice see the future of juvenile courts.
CHAPTER OUTLINE
I. Juvenile Courts 100 Years Ago
A. Industrialization and urbanization created social chaos
B. Child savers advocated special courts for children
1. Part of Progressive Movement (1890-1929)
2. Elite and middle-class reformers who wanted to help children
C. Doctrine of parens patriae (state as parent) justifies government
intervention
II. How Juvenile Courts Differ From Adult Courts
A. Parens patriae justifies intervening to assist children
B. Emphasis on helping rather than punishing
C. Based on civil rather than criminal law
D. Informal, secret proceedings
E. No jury trials
III. The Organization of Juvenile Courts
A. In some states, juvenile courts are a totally separate system
B. In some jurisdictions, juvenile courts are part of a family court system
C. A third variant is to have juvenile courts as a unit of trial courts
D. Impact of structure
1. Reformers advocate making it part of a family court system
2. Structure probably has less impact that social environment
,IV. Juvenile Court Jurisdiction: Age
A. No consensus on minimum or maximum ages (max. age varies from 15 to
18)
B. Transfer to adult court
1. There is less uniformity with regard to the lower age limit for
juvenile court
2. Juveniles charged with serious offense may be transferred to
criminal court (sometimes called certification or waiver)
3. Procedures for transfer vary among states: judges or prosecutors
have the authority to decide to transfer a juvenile
4. Only a very small proportion of juveniles are transferred (it has
been declining since 1994)
V. Juvenile Court Jurisdiction: Subject Matter
A. Delinquency offenses are offenses that would also be crimes for adults
B. Status offenses are offenses that can be committed by juveniles only
C. Child victim petitions involving neglect or dependency are also heard in
the juvenile courts
VI. Due Process in Juvenile Courts
A. Little due process for juveniles until U.S. Supreme Court involvement
1. In re Gault (1967), due process applies to juvenile courts
2. Recent decisions have been less willing to expand the rights of
juveniles
3. Federal Juvenile Justice and Delinquency Prevention Act of 1974
mandated deinstitutionalization of status offenders and required
that juveniles no longer be housed where they have contact with
adult offenders
B. Overall trend is to reduce differences between criminal and juvenile court
VII. Courtroom Work Group
A. Prior record, severity of offense and capabilities of parent important
factors
B. Significant reliance on psychologists and social workers
C. Judges have wide discretion
D. Some jurisdictions use hearing officers rather than judges
E. Prosecutors powerful, but juvenile court is not a high-status assignment
F. Defense attorneys - secondary actors and frequently not utilized
G. Probation officers have roles similar to those in criminal court:
1. Prepare background reports
2. Supervise juveniles on probation
VIII. Steps in Juvenile process
A. Delinquency (crime)
, B. Summons (arrest)
C. Intake (initial hearing) – cases begin with a referral, typically arrests by
law enforcement (in 82% of cases)
D. Initial hearing (preliminary inquiry)
E. Intake decision
F. Detention hearing – decision takes place shortly after arrest, typically 1 in
5 juveniles is detained prior to adjudication hearing
G. Petition (intake decision) – this is the juvenile equivalent of the charging
for adults
H. Conference – equivalent to a preliminary hearing in adult proceedings
I. Evidence: gathering and suppressing
J. Plea bargaining
K. Adjudicatory hearing (trial)
L. Disposition
M. Appeal
VIIII. Juvenile Courts: The Next 100 Years
A. Debate over whether due process or crime control model should dominate
1. Crime control advocates stress more adult penalties
2. Due process advocates (liberals) stress prevention and treatment
B. Some even advocate abolition of juvenile court
KEY TERMS
adjudicated Judicial determination (judgment) that a youth is a delinquent or status
offender. (497)
adjudicatory hearing Court hearing to determine whether a youth is guilty or not guilty.
(497)
child-victim Juvenile court case involving a child who has been neglected and/or abused
by the parents. (485)
Conference Juvenile court proceeding roughly equivalent to a preliminary hearing, in
which the suspect is informed of his or her rights and a disposition decision may be
reached. (495)
delinquency An act committed by a juvenile that would require an adult to be prosecuted
in a criminal court. Because the act is committed by a juvenile, it falls within the
jurisdiction of the juvenile court. Delinquent acts include crimes against persons or
property, drug offenses, and crimes against public order. (485)
detention Holding a youth in custody before case disposition. (495)
, dismissal Cases terminated (including those warned, counseled, and released) with no
further disposition anticipated. (497)
disposition A court decision on what will happen to a youth who has not been found
innocent. (497)
initial hearing In juvenile court, an often informal hearing during which an intake
decision is made. (495)
intake decision The decision made by a juvenile court that results in the case being
handled either informally at the intake level or more formally by petition and scheduled
for an adjudicatory or transfer hearing. (495)
juvenile Youth at or below the upper age of juvenile court jurisdiction. (482)
juvenile court Any court that has jurisdiction over matters involving juveniles. (480)
lower age of jurisdiction Minimum age at which a youth may be transferred to adult
court. (482)
nonpetitioned case A case handled informally by duly authorized court personnel. (495)
other dispositions Miscellaneous dispositions, including fines, restitution, community
service, and referrals outside the court for services, with minimal or no further court
involvement anticipated. (498)
parens patriae The state as parent; the state as guardian and protector of all citizens (such
as juveniles) who are unable to protect themselves. (480
petition A document filed in juvenile court alleging that a juvenile is a delinquent or a
status offender and asking that the court assume jurisdiction over the juvenile or that an
alleged delinquent be transferred to criminal court for prosecution as an adult. (495)
placement Cases in which youths are placed in a residential facility or otherwise
removed from their homes and placed elsewhere. (497)
probation Punishment for a crime that allows the offender to remain in the community
without incarceration but subject to certain conditions. (497)
probation officer Employee of probation agency, responsible for supervision of
convicted offenders who have been released to the community under certain conditions of
good behavior.
(492)
referral A request by a law enforcement agency, governmental agency, parent, or
individual that a juvenile court take jurisdiction of a youth. A referral initiates court
processing. (492)
Juvenile Courts
LEARNING OBJECTIVES
1. Describe the child-saving movement and its relationship to the doctrine of parens
patriae.
2. List the five ways that juvenile courts differ from adult courts.
3. Discuss how states vary in terms on when a juvenile may be transferred to adult
court for prosecution.
4. Contrast the three major types of cases that are heard in juvenile court.
5. Identify and briefly describe the single most important Supreme Court case with
respect to juvenile justice.
6. Explain the difference between a juvenile case that is petitioned and one that is
nonpetitioned.
7. Compare and contrast how adherents of the crime control model and proponents
of the due process model of criminal justice see the future of juvenile courts.
CHAPTER OUTLINE
I. Juvenile Courts 100 Years Ago
A. Industrialization and urbanization created social chaos
B. Child savers advocated special courts for children
1. Part of Progressive Movement (1890-1929)
2. Elite and middle-class reformers who wanted to help children
C. Doctrine of parens patriae (state as parent) justifies government
intervention
II. How Juvenile Courts Differ From Adult Courts
A. Parens patriae justifies intervening to assist children
B. Emphasis on helping rather than punishing
C. Based on civil rather than criminal law
D. Informal, secret proceedings
E. No jury trials
III. The Organization of Juvenile Courts
A. In some states, juvenile courts are a totally separate system
B. In some jurisdictions, juvenile courts are part of a family court system
C. A third variant is to have juvenile courts as a unit of trial courts
D. Impact of structure
1. Reformers advocate making it part of a family court system
2. Structure probably has less impact that social environment
,IV. Juvenile Court Jurisdiction: Age
A. No consensus on minimum or maximum ages (max. age varies from 15 to
18)
B. Transfer to adult court
1. There is less uniformity with regard to the lower age limit for
juvenile court
2. Juveniles charged with serious offense may be transferred to
criminal court (sometimes called certification or waiver)
3. Procedures for transfer vary among states: judges or prosecutors
have the authority to decide to transfer a juvenile
4. Only a very small proportion of juveniles are transferred (it has
been declining since 1994)
V. Juvenile Court Jurisdiction: Subject Matter
A. Delinquency offenses are offenses that would also be crimes for adults
B. Status offenses are offenses that can be committed by juveniles only
C. Child victim petitions involving neglect or dependency are also heard in
the juvenile courts
VI. Due Process in Juvenile Courts
A. Little due process for juveniles until U.S. Supreme Court involvement
1. In re Gault (1967), due process applies to juvenile courts
2. Recent decisions have been less willing to expand the rights of
juveniles
3. Federal Juvenile Justice and Delinquency Prevention Act of 1974
mandated deinstitutionalization of status offenders and required
that juveniles no longer be housed where they have contact with
adult offenders
B. Overall trend is to reduce differences between criminal and juvenile court
VII. Courtroom Work Group
A. Prior record, severity of offense and capabilities of parent important
factors
B. Significant reliance on psychologists and social workers
C. Judges have wide discretion
D. Some jurisdictions use hearing officers rather than judges
E. Prosecutors powerful, but juvenile court is not a high-status assignment
F. Defense attorneys - secondary actors and frequently not utilized
G. Probation officers have roles similar to those in criminal court:
1. Prepare background reports
2. Supervise juveniles on probation
VIII. Steps in Juvenile process
A. Delinquency (crime)
, B. Summons (arrest)
C. Intake (initial hearing) – cases begin with a referral, typically arrests by
law enforcement (in 82% of cases)
D. Initial hearing (preliminary inquiry)
E. Intake decision
F. Detention hearing – decision takes place shortly after arrest, typically 1 in
5 juveniles is detained prior to adjudication hearing
G. Petition (intake decision) – this is the juvenile equivalent of the charging
for adults
H. Conference – equivalent to a preliminary hearing in adult proceedings
I. Evidence: gathering and suppressing
J. Plea bargaining
K. Adjudicatory hearing (trial)
L. Disposition
M. Appeal
VIIII. Juvenile Courts: The Next 100 Years
A. Debate over whether due process or crime control model should dominate
1. Crime control advocates stress more adult penalties
2. Due process advocates (liberals) stress prevention and treatment
B. Some even advocate abolition of juvenile court
KEY TERMS
adjudicated Judicial determination (judgment) that a youth is a delinquent or status
offender. (497)
adjudicatory hearing Court hearing to determine whether a youth is guilty or not guilty.
(497)
child-victim Juvenile court case involving a child who has been neglected and/or abused
by the parents. (485)
Conference Juvenile court proceeding roughly equivalent to a preliminary hearing, in
which the suspect is informed of his or her rights and a disposition decision may be
reached. (495)
delinquency An act committed by a juvenile that would require an adult to be prosecuted
in a criminal court. Because the act is committed by a juvenile, it falls within the
jurisdiction of the juvenile court. Delinquent acts include crimes against persons or
property, drug offenses, and crimes against public order. (485)
detention Holding a youth in custody before case disposition. (495)
, dismissal Cases terminated (including those warned, counseled, and released) with no
further disposition anticipated. (497)
disposition A court decision on what will happen to a youth who has not been found
innocent. (497)
initial hearing In juvenile court, an often informal hearing during which an intake
decision is made. (495)
intake decision The decision made by a juvenile court that results in the case being
handled either informally at the intake level or more formally by petition and scheduled
for an adjudicatory or transfer hearing. (495)
juvenile Youth at or below the upper age of juvenile court jurisdiction. (482)
juvenile court Any court that has jurisdiction over matters involving juveniles. (480)
lower age of jurisdiction Minimum age at which a youth may be transferred to adult
court. (482)
nonpetitioned case A case handled informally by duly authorized court personnel. (495)
other dispositions Miscellaneous dispositions, including fines, restitution, community
service, and referrals outside the court for services, with minimal or no further court
involvement anticipated. (498)
parens patriae The state as parent; the state as guardian and protector of all citizens (such
as juveniles) who are unable to protect themselves. (480
petition A document filed in juvenile court alleging that a juvenile is a delinquent or a
status offender and asking that the court assume jurisdiction over the juvenile or that an
alleged delinquent be transferred to criminal court for prosecution as an adult. (495)
placement Cases in which youths are placed in a residential facility or otherwise
removed from their homes and placed elsewhere. (497)
probation Punishment for a crime that allows the offender to remain in the community
without incarceration but subject to certain conditions. (497)
probation officer Employee of probation agency, responsible for supervision of
convicted offenders who have been released to the community under certain conditions of
good behavior.
(492)
referral A request by a law enforcement agency, governmental agency, parent, or
individual that a juvenile court take jurisdiction of a youth. A referral initiates court
processing. (492)
