CRIM 332- juvenile Delinquency Exam 1

Social inequality is

unequal (from the book)

Office of Juvenile Justice and Delinquency Prevention

It was created as a means of establishing a national entity that would focus on research and the dissemination of research related to juvenile delinquency and delinquency prevention.

Three categories of norms

Folkways, mores, and laws

Which offense represents an example delinquent offense

Forgery

Critical Conception of Delinquency

Normative understanding is established by those in power to maintain and enhance their power. Critiques the social system that exists and creates such norms in the first place.

Problem with the system

Often treatment looked like punishment.

Ancient times

Young people misbehaved prior to being labeled juvenile delinquents i. Behaviors were not seen as related to age ii. Ancient Greek society encouraged misbehavior amongst male youth iii. Youth were often treated and punished in ways that were comparable to adults iv. Youth were treated as the property of their fathers v. Corporal punishment was common vi. Youth were often beaten harshly

Four core requirements for juvenile justice systems

a. Deinstitutionalization of status offenders: Juveniles who commit status offenses should not be held for any period of time in adult facilities and should not be held in juvenile facilities for any extended length of time. b. Adult jail and lockup removal: To prevent psychological and physical abuse, young people are not supposed to be placed in adult jails or lockups. c. Sight and sound separation: When in an adult jail or lockup for the exceptions listed above, youth are supposed to be separated enough from the incarcerated adults to keep them safe. d. Reduction of disproportionate minority confinement (DMC): Because data show that youth of color are more likely to be adjudicated delinquent and required to serve more time in secure facilities than their White counterparts, states must demonstrate that they are paying attention to this issue. They are supposed to assess the issue in their state and address the underlying reasons why it exists, ultimately reducing its occurrence.

you can change your ascribed categories

false (race)

which of the following is the norm with the fewest negative outcomes for violation?

folkways

While pollution, drop out rates and access to drinking water represent progress, this is worse

food insecurity

The conception of delinquency is focused on power, and how those in power shape the definition of delinquency

Critical

Laws

Deviance and delinquency becomes a violation of a rule understood by the majority of the group.

Mores

"Moral" norms that may generate more outrage if broken, like drinking too much or alcoholism may be seen as a lapse in moral judgment.

What Is the Goal of the Juvenile Justice System?

- 1960s justice system: The system did not fully protect youth from unwarranted coercion while under investigation by juvenile justice authorities. Teens were stuck in a legal limbo of sorts: They were not legally considered adults, but they were thought to be due to a more compassionate approach to their misbehavior. - State juvenile justice systems today that are still imagined to be separate from adult state and federal criminal justice systems, in spite of significant overlap in terms of handling juvenile cases.

Diversion

- A process that allows the juvenile justice system to offer programs designed to help a juvenile without the young person having to go formally through the system. - In Kentucky this is done through the Court Designated Worker Program. Diversion is designed to avoid stigmatization and labeling (chapter 6 discusses this further) - Philosophy behind diversion is that a formal experience in the juvenile justice system may not be in the best interest of some juveniles. - Diversion programs: Basic counseling services Family intervention programs Drug and alcohol programs Educational services Teen courts- There is one in Warren County, KY Conflict resolution Mediation

Intersectionality of Race, Class, and Gender

- Crenshaw explains, "intersectionality simply came from the idea that if you're standing in the path of multiple forms of exclusion, you are likely to get hit by both." - A system of power exists in which some hold more power than others based on the social groups they identify with.

Dependency Actions

- Crossover youth: Any youth who has experienced abuse or neglect and engaged in delinquency whether formally in either system or not. - Dually involved youth: Crossover youth who are receiving services from both the juvenile justice and dependency courts simultaneously. - Dually adjudicated youth: Dually involved youth who have actually been adjudicated by both the juvenile justice and dependency courts.

Definition of delinquency

- Definition depends on historical period and geographic area. - Delinquency is an act committed by an individual under the age of 18 that violates the penal code of the region in which the act is committed.

Goals of the Juvenile Justice System

- Ensure just outcomes in cases involving minors.• - Hold juvenile offenders accountable in an age-appropriate manner.• - Protect populations deemed vulnerable.• - Recognize and reflect through process design and dispositional options that juveniles are still developing.• - Keep changing as our community expectations evolve over time.

Irony of formalization of the system

- Gained similarity to the adult system: With the introduction of these constitutional rights, the juvenile system became more similar to the adult system. - Did not protect juveniles from being treated differently based on their personal characteristics.

Gender and Unequal Treatment

- Girls were held to higher moral standards, the focus being on turning questionably behaving girls into properly behaving wife and mother material. Girls who engage in gender-appropriate behavior are treated less harshly than girls who break gender norms. - Paternalism still exists, currently girls are still held to gender norms and a higher standard of morality, with harsher outcomes especially for status offenses.

Two types of deterrence:

- Specific or individual deterrence: A justification for punishment that involves the goal of punishing an individual as a means of stopping her or him from doing the same act of delinquency or crime in the future. - General deterrence or deterrence aimed at the entire population: The goal of punishing an individual as a means of deterring others from participating in delinquency or crime.

The Sociological Imagination

- The only way to understand individual experience is to understand the societal,institutional, historical conditions that individual is living under. - The sociological imagination enables its possessor to understand the larger historical scene in terms of its meaning for the inner life and the external career of a variety of individuals. - Philosophy of individualism and personal responsibility: Under this philosophy, individuals are assumed to be solely responsible for their successes and failures.

Three types of personal attributes influencing teen acts of delinquency:

- There is a lack of cognitive capacity that youth experience. Older children and adolescents may lack the cognitive ability to understand the moral basis for rules and laws and may not understand how to apply such rules to social situations. - The ability to control impulses is essential to being able to translate an understanding of rules or laws into action. In large part, this kind of self-control is developed over time and strengthened each time a young person has the choice to act impulsively and consciously chooses not to do so. The mastery of impulse control also must occur in different circumstances. - Resistance to peer pressure is a skill that is also being developed during the teen years.

Normative Conception of Delinquency

- a conception that assumes that there is a general set of norms of behavior, conduct, and conditions with which we can agree - General conceptions of misbehavior and deviance, social construct, race, class, gender,age, sexual orientation, nationality, and ability are some of the factors that influence definition of juvenile delinquency.

Revolutionary Period

. Society began to shift from an agrarian to an industrial economy i. Shift in ideas about youth followed ii. What should it mean to be a child? iii. Printing press—availability of books, newspapers, and other materials created a dependency on being able to read iv. Initial efforts to create schools v. Urbanization and industrialization changed habits of working class vi. Youth from lower social classes began speeding more time on the streets

Procedures for making this decision:

1. Automatic waiver: A list of offenses for which a juvenile is automatically moved to the adult system. 2. Prosecutorial waiver: A list of offenses for which the prosecuting attorney has the discretion to file in either the juvenile or the adult court. 3. Judicial waiver: The most common type of waiver to the adult court in which a judge or magistrate has the discretion to transfer a juvenile to adult criminal court.

focus of senate bill 200

1. fewer kids go to court (mandatory diversions) 2. fair teams (family accountibilty, intervention, response care teams) 3.

Judges must consider several criteria while considering a transfer to adult court:

1. level of sophistication exhibited by the juvenile, 2. whether the juvenile seems amenable to rehabilitation, 3. Juvenile's previous delinquent history, 4. whether the juvenile court has successfully rehabilitated the juvenile prior to this offense, and 5. circumstances and seriousness of the current offense.

Views of Youth and Delinquency in the Juvenile Court (1899-present)

1960s brought questions about how youth were viewed brought on due process revolution a. Rise in teenage population (baby boomers) b. Experimentation with drugs c. Protests against social and legal institutions d. Urbanization e. Movements for social change i. 1964 Civil Rights Act ii. Feminist Movement iii. Frustrations with racism and classism iv. 164 "race riots" in the first six months of 1967

by 1925 all but this many states had established juvenile court

2

what year did Kentucky overhaul its legal response to juvenile offenders

2014- senate bill 200

approximately what % of children live with higher than allowable pollution levels?

50

Ascribed

A category that an individual is born into and cannot change.

Achieved

A flexible category that individuals may be able to move in and out of.

Petition

A short statement of the facts of an alleged crime that are filed in the juvenile court.

Popular Culture: A Target of Moral Panics about Delinquency

Accompanying moral panics or scares about delinquency share three elements: a. News and/or entertainment media spread exaggerated information b. Interested community members pick up on information c. Attempts are made to fuel some sort of change or reform to the system II. Moral panics or scares result in competing images about youth: a. Vulnerable and impressionable or b. Mini-adults ready to pounce III. Historical panics and popular culture impacted several areas: a. Music and the arts b. Dime novels and books c. Comic books d. Music e. Video games

status offense

Acts that are not considered crimes and for which adults cannot get in trouble, but that society does not want juveniles doing.

Juvenile system philosophy

Children are savable, thus rehabilitation, not punishment is the focus.

Middle Ages

Economy was agricultural—bodies were needed to prepare crops b. Biggest age-based distinction was whether a child had mastered the basic psychological and emotional functions needed in order to work in the fields c. Experienced short life spans life due to abuse and neglect

Folkways

Everyday norms that do not generate much uproar if they are violated. Think of them as behaviors that might be considered rude if engaged in, like standing too close to someone while speaking or picking one's nose.

Progressive Movement

I. 1890s until beginning of WWI in 1914 a. Allow children longer period to develop b. Mandatory, age-graded public schooling c. Child labor laws i. Minimum age requirements for jobs ii. Minimum hours that youth could work II. 1899 first juvenile court created in Cook County, Illinois a. 1925 all but two states had their own juvenile courts b. Juvenile courts predicated on rehabilitative philosophy i. For youth who had misbehaved (delinquent youth) ii. For youth who had been neglected, abandoned, or abused (dependent youth) c. Juvenile courts favored white boys who had potential d. Juvenile courts allowed the state to intrude on family life e. Juvenile court actors created status offenses i. Status offenses are acts that are labeled inappropriate for youth simply because of their age

Justifications for Punishment

I. Many different reasons: why people, why/how to punish people, who have broken the law, etc. II. Retribution is used to justify the punishment of both juveniles and adults III. Deterrence is a justification for punishment rooted in the assumption that human beings are rational and make free choices for which they should be responsible IV. Incapacitation is another justification for punishment V. Rehabilitation is a justification for punishment that is concerned with the future. VI. Restoration is the least-known justification for punishment

The Child Savings Era

I. Religious and social reformers undertook serious social problems of neglected and abandoned youth as well as delinquent youth. a. Society of Friends (Quakers) b. Negative after effects of immigration c. In the 1820s a number of different institutions were created i. Almshouses or poor farms (poor adults and children) ii. Asylums iii. Farm schools iv. Labor school v. Houses of Refuge (dependent or neglected) d. Those deemed poor and/or delinquent were treated as one in the same e. Institutions were aimed at teaching youth the value of hard work and individual responsibility typically through religious and moral instruction f. Shift in ways reformers characterized parents as well i. Parents of children in institutions were: 1. lazy 2. incompetent 3. otherwise deficient human beings ii. Legal justification of parens patriae—state acting as substitute parent 1. Ex parte Crouse (1838) in Philadelphia State Supreme Court refused a father to remove his child from a house of refuge g. Youth placed in houses of refuge were subjected to days of moral and religious training i. Based on gender ii. Often placed in apprenticeships outside the institution h. All of these practiced separated youth from their families i. Weakened bonds ii. Little actual refuge was found iii. Subjected to abusive conditions iv. Lack of adequate food and water i. Houses of refuge were driven by different ideas about white male and youth of color j. Houses of refuge were driven by different ideas about white male and white girls

Which is not a correlate of delinquency mentioned in class

IQ

Colonial Period

Ideas about childhood in "New World" were like those prior to colonial era b. Notable labor shortage c. Gender-based distinctions developed further at this time i. Boys were encouraged to develop their skill sets as apprentices ii. Girls were encouraged to learn to serve and care for others iii. Raising children remained a group project iv. Extended families were seen as the primary source of disciplining and educating youth v. English common law focused on whether or not youth were capable of mens rea vi. Individuals under seven years old were seen as too young to be able to rationally plan an act of harm in advance vii. After age 14 juveniles were considered adults and mature enough to harbor a guilty mind viii. Juries were very wary of convicting white youth

social differentiation.

In the United States, people are defined, described, and distinguished based on these different categories.

Definition of Juvenile

Juveniles can be defined as those individuals who are under a certain age: 45 states and Washington, DC, consider those under 18 to be juveniles and 5 states (Georgia, Michigan, Missouri, Texas, and Wisconsin) consider those under 17 to be juveniles.

Difference between adult and juvenile detention:

Juveniles do not have a constitutional right to bail, while adults do.This is very important because it means that ifan intake officer determines that a juvenile should be held in detention prior to the hearing and this is the formal decision at the detention hearing, there is no recourse for the juvenile to get out of detention.

Industrial Revolution

Large-scale shifts in society a. Development of machines and technology b. Rise in immigration c. Labor force from agricultural to industrial d. Predominant social construction was in transition II. Late 1800s the concept of adolescence began to be used as an extended period of childhood a. Upper middle-class Anglo Americans began to consider children as delicate people in need of protection b. This view was at odds with current labor practices c. Activists (middle- and upper-class white women and men) gained momentum for social change—Progressive movement

Childhood

Most oppressed time of an individual's life: We demand obedience from children, we treat them in a way we would rarely treat adults and we abuse them

Social Constructionist Conception of Delinquency

Popular ideas about delinquency that are created and influenced by social, political,and economic factors and that change over time. Social constructionist conception assumes that the definition of deviance and delinquency is constructed based on the interactions of those in society. Social groups create deviance by making the rules whose infraction constitutes deviance and by applying those rules to particular people and labeling them as outsiders. Th edeviant is one to whom that label has successfully been applied; deviant behavior is behavior that people so label.

In re Gault

The Gault case required that alleged juvenile delinquents had the right to hearings in which formal procedures were followed.

Warren Court

The Supreme Court during the leadership of Chief Justice Earl Warren that increased the due process rights of juveniles. Known as such because the Chief Justice of the Supreme Court of the era was Earl Warren.

Juvenile Justice and Delinquency Prevention Act:

The U.S. Congress passed the federal Juvenile Justice and Delinquency Prevention Act (JJDP Act) of 1974, in an effort to address growing concerns among the general public related to juvenile delinquency. 2. This act limited the powers of the juvenile court to handle not only delinquents but troubled or neglected youth.

Kent v. United States

The U.S. Supreme Court stated that juveniles had the right to a hearing before having their cases transferred to adult court and an explanation as to why the juvenile court thought it necessary.

Deinstitutionalization

The act of moving a juvenile out of and/or avoiding the detention of a juvenile in an institution as a punishment for wrongdoing.

Focus of adult and juvenile system:

The adult system is focused on punishing those found guilty, but the juvenile system is focused on rehabilitating the juvenile and protecting the community.

Net-widening

The concept that more juveniles will get drawn into the juvenile justice system than necessary because actions once determined to be legal become illegal.

Disproportionate minority contact

The disproportionate number of minority youth who come into contact with the juvenile justice system.

Disproportionate Minority Confinement Initiative

The level of minority overrepresentation in the juvenile justice system must be monitored by states according to the Disproportionate Minority Confinement Initiative. The Disproportionate Minority Confinement Initiative started as a requirement of the Juvenile Justice and Delinquency Prevention Act for states to address disproportionate minority confinement by developing plans to reduce minority confinement in detention and correctional facilities.

Concern about necessary resources in juvenile courts

The majority of the justices expressed concern about whether the juvenile courts had the necessary resources to do the job of which they were tasked and agreed that "there may be grounds for concern that the child receives the worst of both worlds (in juvenile courts]: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children."

Waiver to adult court

The process by which it is decided whether a juvenile will be handled in the juvenile justice system or the adult justice system.

Cumulative disadvantage

The process of unequal treatment in justice system is referred toas cumulative disadvantage, the idea that the experiences at one stage in the system/process have an effect on or add to the experiences at a later stage.

Adjudication:

The stage at which a juvenile goes before the court for a hearing in which it is determined whether the juvenile did or did not engage in the alleged crimes. This hearing is where the decisions about whether the juvenile is adjudicated delinquent or not delinquent will be made. Judge or magistrate hears the case:A juvenile does not have the right to have his or her case heard by a jury of peers. Instead, every case at the adjudication hearing stage is heard by a judge or magistrate of the court.

In re Winship

This case signaled to treat the juvenile defendants more like their adult counterparts.

Chronic status offenders

Those who engage in repeated and systematic behavior even after the behavior has been addressed by school, family, or a social service agency.

This is where charges are filed against a youth in Kentucky

court designated worker (judicial branch)

the income gap in the US has done what in the past decades

dramatically increased

Justifications for punishment include all but

funding the prison industrial complex

sexism in the routine workings of social

institute

this comes from the English common law tradition

mens rea (Guilty mind) must have intent

Juvenile Justice and Delinquency Prevention Act of 1974 included all but

mental health screening

which is true of moral panics?

outcomes are unequal to concern level

in the child saving era the purpose

refrenmation

if a white girl were charged with the offense during the child savers era, it was probably for

sexual behavior

Deterrence:

t is a justification for punishment that is rooted in the assumption that human beings are rational and make free choices for which they should be responsible. 1. To deter means to prevent, so this justification is focused upon the future and preventing crime through punishment. 2. The concept of deterrence is rooted in Jeremy Bentham's utilitarian philosophy, one that stresses that the role of the government is to maximize the happiness of the greatest number of people. 3. According to the philosophy of deterrence, people are out to increase their own happiness,and sometimes this pursuit is not in the interest of the greater society. 4. The punishment that will follow that lawbreaking if they are caught will outweigh any personal benefits they derive from doing it.

when is a law enforcement officer transfer a youth to detention, we use the term

taking into custody

Little distinction was made between children and adults during the

the Middle Ages