JJ Exam
Describe the typical female juvenile offender
-13-18 years old -Experienced academic failure, truancy, & dropping out. -Has a history of repeated victimization, especially physical, sexual, and emotional abuse. -She is from an unstable family background that involves a criminal justice system, lack of connectedness, & social isolation. -She has a history of unhealthy dependent relationships, especially with older males. -She has mental health issues, including a history of substance abuse. -She is apt to be a member of a community of color.
balanced and restorative justice model
-Accountability: a sanctioning process in which offenders must accept responsibility for their offenses and the harm caused to victims, and make restitution to the victims, assuming that the community members are satisfied with the outcome. -Competency: refers to the rehabilitation of offenders, when offenders improve their educational, vocational, emotional, social, and other capabilities and can perform as responsible adults in the community. -Community Protection: refers to the ability of citizens to prevent crime, resolve conflict, and feel safe because offenders have matured into responsible citizens. -The overall mission is to develop a community-oriented approach to the control of offenders rather than rely solely either on punishment by confinement or on individual rehabilitation through counseling.
Treatment model
-Based on the belief that the basic mission of juvenile justice is to rehabilitate youthful offenders -known rehabilitation model -This model does not believe in the frequent use of detention facilities; these facilities should be reserved for children who need special care and custody. -focus treatment on mental, physical, social needs -Rehabilitation efforts are normally implemented before the juvenile is processed into the system
community based
-Community relations are a major focus of police officers who work with juveniles. ex. AMBER system
UCR
-Compiled from police statistics by the FBI -The FBI classifies crimes into Part I and Part II offenses based on their seriousness.
characteristics of a psychopath
-Cunning & manipulative -Giving false impressions to others -Lack of remorse or guilt -Callousness and lack of empathy -Lack of realistic long-term goals -Impulsivity -Failure to accept responsibility for their actions
school based
-Developing effective delinquency prevention programs in schools is one of the most important challenges facing the police today. ex. The Officer Friendly and McGruff "Take a Bite out of Crime" programs G.R.E.A.T. LRE (Law Enforcement Education) COPS (Community-oriented policing services CIS (COPS in school) program
crime control model
-Emphasizes punishment as the remedy for juvenile misbehavior. -Argue for severity and certainty of punishment and advocate for a greater use of incarceration. -Those who become involved in unlawful behavior are abnormal and few in number and that this unlawful behavior reflects a character defect that punishment can correct. -Punishment can help teach youth to be responsible, diligent, and honest -deterrence of youth crime depends on the JJ system apprehending/punishing youthful offenders w/ greater speed, efficiency, and certainty.
get soft approach
-For minor offenders and status offenders -Also known as "least-restrictive" approach -popular in the 1960s -You do not do any more than necessary with youthful offenders. If possible, just leave them alone. -Use every available resource before placing in detention/institutions. -believed to be the best when dealing with juvenile offenders.
Get tough approach
-For serious juvenile offenders -Delinquencies are viewed as purposeful activity resulting from rational decisions in which the pros and cons are weighed and the acts that promise the greatest potential gains are performed
Chesney-Lind's proposition on the feminist theory of delinquency.
-Girls are frequently the victims of sexual abuse. -Victimizers may utilize official agencies to keep victims at home and vulnerable. -As girls run away from home, they are forced to survive on the streets and become involved in various forms of crime. -On the streets, they become involved in various forms of criminal activity that exploits their sexuality.
Why have the juvenile courts been so quick to apply the concept of free will and rationality to violent juvenile criminals?
-If the concept of free will is true that means the juvenile knew what they were doing and therefore deserve punishment rather than treatment. -The courts are no longer restrained by the idea of trying rehabilitation.
what does self-report studies tell
-Juveniles in lower and middle classes are involved in a considerable amount of illegal behavior -Significant number of serious offenses occur -Girls commit more delinquent acts -Differences between the offenses of african american and those of whites are less visible in self-reports than in official statistics
What do juvenile court statistics show about youth crime in the United States?
-Older delinquents are referred to court more often than younger delinquents -number of juvenile cases has declined in recent years -Status offenses rates peak at age 16 while liquor law violations increase continuously with age -Males more frequently referred to court than females -Rates of females being referred for truancy and ungovernability is about the same as males and have begun to increase in comparison to male rates -White males are referred to juvenile court roughly in proportion to their numbers in the population; black males are referred are to the juvenile court in numbers highly disproportionate to their numbers in the population
Psychopath
-Person with a conduct disorder, also known as a sociopath -personality of the hard-core juvenile Claim: the unwanted, rejected children who grow up and remain undomesticated & never develop trust or loyalty to other adults % of psychopathic children is very low w/ status offenders and youthful offenders with minor violations and it increases as hard-core youthful offenders sentended to long-term training schools come under examination
what a normal juvenile written predisposition report contains
-Predisposition reports contain background information on defendants that help judges make individualized decisions in the sentencing process. -They include description of the referral incident, youth's past conduct & prior contacts w/ the police & court, family relationships, & info on their special needs.
What is the purpose of self-report studies
-Studies used to measure hidden youth crime. -Their purpose is to obtain a fuller and more accurate picture of the amount of crime by asking youths what offenses they have committed
Describe the two types of disposition hearing and explain why they are separate hearings?
-The first type of hearing occurs during the adjudicatory hearing and the second type occurs after the adjudicatory hearing. -It is meant to prevent the judge from learning information prejudicial to the defendant
gang based
-The number of street gangs rose dramatically across the nation beginning in the late 1980s. ex. Youth Service Program Gang Detail Gang Unit
What are the objectives of punishment according to Jeremy Bentham
-To prevent all offenses if possible -To persuade a person who has decided to commit an offense to commit a less rather than a more serious one -To dispose to do no more mischief than is necessary to his purpose -To prevent the crime at as small a cost to society as possible
In re Gault-
-juveniles have right to due process safeguards during confinement -including right to counsel,right to confront witnesses, and the right to avoid self-incrimination
Reformatories
-known as training schools/industrial schools. -Developed in the mid-19th century, were similar to houses of refuge but schooling half of the day + harsh industrial labor for juveniles.
justice model
-offenders are volitional & responsible human beings. -Deserved to be punished if they violate the law. -punishment must be proportionate to the seriousness of the offense.
legal rights of juveniles in regard to search and seizure.
-protected from unreasonable searches & seizures -Must be presented w/ valid search warrant unless they have waived that right, consent to having their person/property searched, or have been caught in the act. -School officials may search students & their belongings if they have reasonable suspicion
What is the feminist theory?
-theory proposed by Meda Chesney-Lind -states that female delinquency is explained by the relationship between the female's crimes and her sexual and physical victimization.
four basic correctional models in the juvenile justice system
-treatment model -Justice model -crime control model -balanced & restorative justice model
National Crime Victimization Survey
Analysis of data from this survey is done by the U.S. Bureau of the Census to determine as accurately as possible the extent of crime in the United States by interviewing victims.
What are the various ways in which police departments are attempting to implement policing in the prevention and deterrence of youth crime?
Community, school, gang based
why delinquency across the life course has become so important in studying theories of juvenile crime?
Concerned with documenting and explaining within-individual changes in offending throughout life. The emergence of strong social bonds to work and family among adults deflects early behavior trajectories. A turning point involves a gradual or dramatic change and may lead to "a modification, reshaping, or transition from one state, condition, or phase to another."
Houses of Refuge
Facilities created for all children in the early 1800s when citizens became concerned about the inhumane living conditions in jails and prisons.
What are the basic arguments in favor of and in opposition to the retention of the juvenile court?
Favor: exclusive jurisdiction in all matters affecting juveniles and families in delinquency cases, should have the same status as general trial courts, & should have the power and authority to "order, & enforce, & review delivery of court ordered services & treatment for children and families." Opposition: Some cases are far beyond rehabilitation and should immediately be transferred to the adult court.
interrogation and confession
If juveniles are in custody and arrested they must be read their Miranda rights. Parents or attorneys must be notified and present during questioning and that questioning should place in an area other than the police station.
How did the juvenile court get to where it is today?
Kent v. United States- In re Gault- In re Winship- Mckeiver v. Pennsylvania
What are the main explanations of female delinquency?
Physical and sexual abuse Psychiatric disorders Substance abuse Negative labeling
fingerprinting
Prohibited without a judge's permission. Require that judges control who has access to the fingerprints and require that the fingerprints be destroyed after the juvenile becomes an adult.
What are the most important legal rights of juveniles?
Search and seizure interrogation and confession fingerprinting lineups and photographs
lineups and photographs
The offender must have an attorney at the initial identification lineup.
institutionalization in mental hospital
a psychiatric evaluation is first needed
county or city institutions
appropriate for youths who need more security but who don't require long-term placement
Kent v. United States-
courts must provide the essentials of due process in transferring juveniles to the adult court
What range of dispositions is available to judges in the disposition hearings
dismissal restitution outpatient psychiatric therapy probation foster home placement day treatment programs community based residential programs institutionalization in mental hospitals county or city institutions state or private training school adult/youthful offender facility
dismissal
dismissing the case
gender
girls are less likely than boys to be arrested and referred
community based residential programs
group homes located in the youths community
In re Winship-
juveniles are entitled to proof beyond a reasonable doubt when charged with non-status offenses
Mckeiver v. Pennsylvania
juveniles didn't have the right to a jury trial
Juvenile interactions and demeanor
juveniles who act with disrespect are most likely to be arrested
socioeconomic status
lower-class youngsters receive different justice than middle or upper-class youths
department policy
more professional police departments had higher numbers of juveniles referred to the juvenile court because they used discretion less often than departments that were not as professional
Search and seizure
must be presented with a valid search warrant unless they have either waived that right, have consented to having their person or property searched, or have been caught in the act.
factors determining the police officers' disposition of juveniles
offense citizen complaints gender race socioeconomic status individual characteristics of juvenile interactions and demeanor department policy external pressures
outpatient psychiatric therapy
outpatient therapy; usually reserved for middle class youths to keep them away from "unfitting" placements
day treatment programs
popular program because the youths can return home in the evening
citizen complaints
presence of citizens is an important determining factor in the disposition of an incident involving a youth
individual character rustics of a juvenile
prior arrest record, previous offenses, prior police contacts, age, peer relationships, family situation, and the conduct of parents
race
racial bias makes minority groups special targets of the police
state or private training school
reserved for youths who committed serious offenses and for whom everything else has failed
offense
seriousness of offense
external pressures
the attitudes of the press and the public, the status of the complainant or victim, and the philosophy and available resources of referral agencies
probation
usually for a maximum of 2 years
Prevention detention
when a juvenile is detained for either their personal safety or the safety of society.
adult facility or youthful offender facility
when a youth has committed a serious offense and is considered too hard-core for a juvenile correction institution
foster home placements
youths are removed from their homes and placed with a foster family; usually for status offenders and dependent youths
restitution
youths can work off their debt with a few hours each week