Chapter 10_The Juvenile Court

Chapter 10_The Juvenile Court - Chapter 10: The Juvenile...

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Chapter 10: The Juvenile Court I. Introduction a. The juvenile court has jurisdictions over minors alleged to be delinquent, status offenders and dependents of those in need of decisions by the court b. The system is a civil system i. Juvenile court is more civil than criminal, theoretically c. Civil law refers to all law that is not criminal, for example contract law. A civil system was adopted by early juvenile courts to avoid inflicting the stigma of a criminal conviction on youths processed by the courts d. The juvenile justice system has historically been a civil system II. Basic Philosophy and Purpose of Juvenile Court a. A philosophy underlying the juvenile court is that of parens patriae b. The aim of the first juvenile court was to offer youthful offenders individualized justice and treatment rather than punishment c. Differences in Purpose Clauses i. Most state juvenile court purpose statements contain (1) balanced and restorative justice (BARJ) clauses; (2) Standard Juvenile Court Act clauses; (3) legislative guide clauses (4) clauses that emphasize punishment, deterrence, accountability and/or public safety; or (5) clauses with traditional child welfare emphasis 1. Most juvenile courts function in their BARJ model in their mission statement d. The Welfare Model versus the Justice Model i. Traditionally, juvenile courts followed the welfare model with its underlying parens patriae philosophy that focuses on the “best interest of the child” ii. Justice Model is a model whereby youths would be held accountable and, in some stances, punished
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iii. Today, the tone of juvenile justice as a whole is decidedly more harsh than it was when the concept of a juvenile court was first developed III. Jurisdiction of the Juvenile Court a. The jurisdiction of the juvenile court refers to the types of cases it is empowered to hear b. In almost every state, the juvenile court’s jurisdiction extends to three classifications of children: i. (1) those who are neglected, dependent or abused because those charged with their custody and control mistreat them or fail to provide proper care ii. (2) those who are incorrigible, ungovernable or status offenders and iii. (3) those who violate laws, ordinances and codes classified as penal or criminal c. The jurisdiction of the juvenile court includes children who are in poverty, neglected or abused, who are unruly or commit status offenses; and who are charged with committing serious crimes d. The juvenile court system has been criticized for its “one pot” jurisdictional
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Chapter 10_The Juvenile Court - Chapter 10: The Juvenile...

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