What is the importance of intake to juvenile justice, and how are juveniles processed through this stage of the system?

Question

What will be an ideal response?

Answer 1

A juvenile taken into custody by the police usually goes through the intake process, considered by some to be "one of the most crucial case processing points in the juvenile justice system" (Juvenile Probation Officer Initiative Working Group, 1993, p. 32). Intake is a term unique to juvenile justice to describe a case screening process to determine if the juvenile should proceed further into the juvenile justice system or whether other diversion alternatives are better suited for the juvenile. A probation officer, intake officer, or prosecutor usually handles the intake. Binder, Geis, and Bruce (1997, p. 260) summarize the functions of the intake process as follows:
• Determine whether the circumstances of the case bring it within the jurisdiction of the juvenile court.
• Determine whether the evidence is sufficient to warrant a court hearing.
• Decide whether the case is serious enough to require a court hearing.
• Arrange for a process of informal supervision if that alternative seems desirable.
If the case will be handled formally, a petition is filed to request either an adjudicatory hearing where the case goes through the juvenile courts or a waiver hearing where the case is further screened to see if it should go through the adult courts. If the case will be handled informally through diversion, a petition will not be filed.
Slightly less than half of all juvenile cases were either dismissed or diverted from the system at intake (Sickmund, 2009). Cases dismissed at intake were dismissed because of lack of evidence. The diverted cases were documented in a written agreement known as a consent decree. Juvenile diversion works identically to adult diversion and includes a period of supervision among other conditions such as school attendance, community service, drug counseling, curfew, and restitution if applicable. The intake process is considered to be highly subjective, involving very little collateral investigation or checking of sources. The intake process has been criticized for its lack of formal guidelines and the possibility of inconsistency from one intake officer to another (Lindner, 2008). As a result, prosecutors have replaced probation officers in some jurisdictions in an attempt to correct these inconsistencies.
Intake may also involve detention screening, crisis intervention, or other procedures if mandated by the court. A juvenile may be detained by the police, but only for a limited time. The laws in all 50 states now dictate that a detention hearing must be held within a few days (generally within 24 hours) after a juvenile is taken into custody (Snyder and Sickmund, 2006). Federal law provides that juveniles must be separated from adult offenders by "sight and sound.". This assures that juveniles are detained in facilities separate from those used for adults. The U.S. Supreme Court has held that preventive detention of juveniles due to the likelihood that they will commit other offenses is constitutional (Schall v. Martin, 1984). If the intake officer decides to refer the case to court, the prosecutor petitions the court for the juvenile to be adjudicated. A summons is issued directing the juvenile to appear before the court at a specified time and place for an initial appearance on the petition. An arraignment is then held, and the juvenile is given the opportunity to admit or deny the allegations.