Juvenile Court Process (From Juvenile Justice: An Introduction, P 201-240, 2006, -- See NCJ-213986)

• NCJ Number: 213994
• Author(s): John T. Whitehead; Steven P. Lab
• Date Published: 2006
• Length: 40 pages
• Sale Source: Anderson Publishing Co
• Publication Format: Book Chapter
• Publication Type: Curriculum
• Language: English
• Country: United States of America

Annotation

This chapter explores the major decision points in the juvenile court process: detention, intake, file, transfer (waiver), adjudication, and disposition.

Abstract

Juvenile justice statistics from 2000 indicate that juvenile courts processed more than 1.6 million juvenile delinquency cases. The first decision point in the juvenile court process is detention--whether to keep the youth in custody or allow them to go home with a guardian while awaiting further court action. Detention options, factors in decisionmaking, and detention programming are examined before the authors turn to a discussion of alternatives to juvenile detention, such as home detention and bail. Next, a court official must decide on the intake of the juvenile--whether to file a court petition of delinquency, status offense, neglect, abuse, or dependency. Diversion options to traditional juvenile courts are described, such as teen courts and drug courts, as well as victim-offender mediation. The prosecutor’s role in the intake process is reviewed and recent research on intake decisionmaking is presented. This research focuses heavily on the effects of defendant race on decisionmaking and, overall, suggests that race does appear to have an effect on intake decisionmaking. The processing of juveniles in adult courts through the use of waivers or transfers is examined and attitudes toward “get tough” policies for juvenile offenders are considered. Juvenile offenders who are not sent to adult court must face adjudication and disposition in juvenile court. The role of attorneys in juvenile courts is examined, as is attorney effectiveness in the defense of juvenile defendants. The use of plea bargaining, as well as jury trials, for juvenile offenders are discussed and the authors illustrate the recent emphasis on punitiveness toward juvenile offenders, which is evidenced by increased juvenile detention rates. Eight discussion questions are offered that focus on the main points of the reading. Key terms are listed. Figures, boxes