Restorative Justice and Community Justice Programs

Juvenile Justice System

Describe the Juvenile Justice System

The juvenile justice system is not just one department or building in a government facilities part of town. The juvenile justice system (JJS) is a "network of agencies that deal with juveniles whose conduct has brought them in conflict with the law" (3rd judicial district). In fact the JJS is composed of these components: police, prosecutor, detention, court, probation, and juvenile corrections facilities.

When police arrest a juvenile after determining that a law has been broken, they actually have options (based on the juvenile's age and the crime); to return the adolescent to his parents; to refer him to the prosecutor's office; or to detain him in a juvenile detention center (3rd judicial district). In the event the juvenile committed a minor offense, the person could be handled informally through the probation department; but if the person had repeated previous offenses, he likely would be referred to the court by the prosecutor's office.

In the case of a repeat offender, or if the offense was serious, the juvenile would be locked up in a detention facility (often a temporary lock up) where he will wait for a hearing in the court. After sentencing by a judge, the juvenile could be sent back to the detention facility and "…parents may be ordered to pay detention costs" (3rd judicial district). Meanwhile an arraignment is scheduled (to inform the juvenile and his parents of the charges and of their rights). Following the arraignment there is normally an evidentiary hearing (like a trial only there is no jury) at which time testimony is taken and the judge determines the truth of the charges against the juvenile; next, the judge sentences the juvenile (based on what services may be needed for the juvenile or whether he should be placed in detention with the department of corrections) (3rd judicial district).

Explain the Role of Probation and Aftercare

Attorney Chris Morales explains that probation is an alternative to incarceration; he says that it is actually a "figurative leash" that the criminal justice system places on a defendant (who may have served time or is on probation in lieu of jail time). The typical conditions placed on the defendant include: a) obeying all laws; b) strictly following court orders; c) making sure to report regularly to the probation officer (PO); d) reporting changes in address or employment; e) eschewing the "excessive use" of alcohol and not using drugs; f) not traveling outside the jurisdiction without permission from the PO; and g) avoiding contact with people the PO has identified (gang friends; an ex-wife he attacked) (Morales, 2012).

The PO can check in on a probationer with or without notice, and can subject the probationer to drug tests and random searches. On what criteria does the judge assign probation? There are several factors, Morales notes: was the crime violent, is the defendant a threat to the community, is the defendant willing to make restitution to the victim, and was the victim partially at fault? (Morales, p. 2). Aftercare is time the offender is still under the jurisdiction of the court following incarceration, and is being supervised by a parole officer or a probation officer.

When a violation of probation is discovered, the offender is entitled to a probation revocation hearing; if the violation is minor, say, the probationer was caught socializing with people the judge ordered him not to associate with, that would not be as serious as committing a criminal offense (Morales, p. 2).

Compare / Contrast Juvenile Justice with Adult Probation & Parole

Juvenile courts are often "more informal" than adult courts when it comes to rules about admissibility of evidence; moreover, adults are prosecuted for committing crimes but juveniles are generally prosecuted for "delinquent acts" (Clarke, 2010). Juveniles do not have the right to a public trial by jury (as mentioned previously, a judge hears evidence and makes a decision), but adults do have that right. Although adult offenders are sometimes given probation (usually after serving some time), for juveniles "…the focus is more on alternative sentences" that keep him out of jail (through "diversionary programs" like community programs and probation) (Clarke, p. 2). Clearly, a prison is not the best environment for a young person who made a mistake; hence, courts try to keep juveniles out of prison.

Community-based Programs -- Juveniles and Adults

One program that has been successful in many instances (particularly for juveniles) is restorative justice; generally the offender and the victim meet under the supervision of a court-appointed authority, and a discussion enfolds in which the offender not only apologizes but he sees the harm that was done to the innocent victim. In more than 150 cities and towns in North America, volunteer mediators meet with victims and offenders "…to ensure that offenders make amends to their victims" (Bazemore, et al., 1996). Also, restorative justice is accomplished by having young offenders "working on environmental restoration, trail building, and other community service projects" (Bazemore, p. 6). Often, after a restorative justice experience, juveniles never go to jail and are put on probation instead.