juvenile DELINQUENCY final
serious delinquent gang
Engages in serious delinquent behavior while avoiding drug dealing and usage. Drugs are used only on social occasions.
Poor Laws
English statutes that allowed the courts to appoint overseers over destitute and neglected children, allowing placement of these children as servants in the homes of the affluent.
ego identity
Erikson's term for a firm sense of who one is and what one stands for
role diffusion
Erikson's term for lack of clarity in one's life roles (due to failure to develop ego identity).
organized gang
Heavily involved in criminality. Drug use and sales are related to other criminal acts. Gang violence is used to establish control over drug sale territories. This gang is on the verge of becoming a formal criminal organization
Concept of chronic offender
- Age-crime relationship has spurred research on the nature of delinquency over the course of life. - some experts believe that a small group of offenders persist in crime at a high rate. - data shows the existence of chronic persistent offenders who begin their career early and continue as adults. - Wolfgang and his colleagues identified chronic offenders in a series of cohort studies.
Discuss childhood in the American colonies
- Apprenticeship, indenture, and binding out of children became integral. - By the 19th century, as the agrarian economy was replaced by industry, apprenticeship was replaced by factories. - "stubborn child" laws were passed that required children to obey their parents. - adults and children were both eligible for prison and death.
Cause of chronic offending
- Early involvement in criminal activity. - Low intellectual development. - Parental drug involvement. - Issues with learning, motor skills, cognitivism, family, etc. - Punishment has little effect on offending.
Be familiar with the ways to gather data in delinquency
- FBI collects data from local law enforcement and publishes it in the UCR. - NCVS - Self-report surveys
organization and management of police services for juveniles
- juvenile officers operate as specialists in pd or as part of juvenile unit of pd - organization of juvenile work depends on size of pd, type of community, location, amount of quality in recourses available
Expanding probation (community treatment)
- many believed that punitive options for even the most dangerous juveniles were a mistake. - experience in facilities could amplify their behavior
Problems associated with collecting data on delinquency
- many serious crimes are not reported to police, so they are not counted for in UCR - NCVS may have issues due to victims' misinterpretation of events (embarrassment, fear of getting in trouble, or forgetting).
Specific issues facing American youth
- mental illness/inadequate health care. - underachieving in school causes one to be skeptical of abilities. - 13 million youths in poverty. - parents sacrificing time with family to live more affluently
Social correlates of delinquency
- minority youths are overrepresented in delinquency rates, especially for violence. -some experts say that adolescent crime is a lower-class occurrence, others view it as social structure.
What are the conditions of probation
- rules mandating how a juvenile can behave - never cruel - courts have invalidated probation conditions that were harmful or that violated the juvenile's due process rights.
How age and gender influence juvenile crime rate
- teens have wicked high crime rates. - crime experts say that changes in age influence crime trends. - delinquency rates decline as youths age - crime rate follows proportion of male youths. - delinquents are usually male, female delinquency rates are faster than male rates
Factors that predict teen victimization
- teens most likely than other age groups. - teens are often victimized by other teens, older victims identify offenders as being older. - Intraracial: white teens victimize other white teens, black teens victimize other black teens, etc.
Historical development of probation
- the magistrates of the Warwickshire quarter sessions adopted the practice of sentencing youthful criminals to prison terms of one day, then releasing them conditionally under the supervision of their parents or masters. - The rapid spread of juvenile courts during the first decades of the twentieth century encouraged the further development of probation.
Problems of youth in American culture
- vulnerable to consequences of school failure, substance abuse, and early sexuality. - stress, confusion, depression due to family, school, and community issues. - Poor self-image can lead to an identity crisis (Erikson)
Chapter 12: Karen Gilligan
-Oldest of four kids - Parents were alcoholics - She drank, vandalized, stole a car - On house arrest for 60 days
paternalistic family
A family style wherein the father is the final authority on all family matters and exercises complete control over his wife and children.
Population
A group of individuals that belong to the same species and live in the same area
waiver hearing
A hearing held in juvenile court in which a prosecutor and defense attorney may present evidence on whether or not the juvenile should be waived to adult court
Juvenile Court Judge
A judge elected or appointed to preside over juvenile cases whose decisions can only be reviewed by a judge of a higher court.
best interest of the child
A philosophical viewpoint that encourages the state to take control of wayward children and provide care, custody, and treatment to remedy delinquent behavior.
Self-Report Surveys
A research approach that requires subjects to reveal their own participation in delinquent or criminal acts.
social investigation
A study prepared by a probation officer in juvenile court to provide the judge with information on which to base a disposition
electric monitoring
Active monitoring systems consist of a radio transmitter worn by the off ender that sends a continuous signal to the probation department computer; passive systems employ computer-generated random phone calls that must be answered in a certain period of time from a particular phone.
Part II Offenses
All crimes recorded by the FBI that do not fall into the category of Part I offenses. These crimes include both misdemeanors and felonies.
disaggregated
Analyzing the relationship between two or more independent variables (such as murder convictions and death sentence) while controlling for the influence of a dependent variable (such as race).
Racial Threat Theory
As the size of the black population increases, the perceived threat to the white population increases, resulting in a greater amount of social control imposed on blacks.
OJJDP (Office of Juvenile Justice and Delinquency Prevention)
Branch of US Justice Department charged with shaping national juvenile justice police through disbursement of federal aid and research funds
Sean Fitzpatrick
Brought gun to school so police would kill him, he survived but has misshapen face
party gang
Concentrates on drug use and sales but forgoes most delinquent behavior. Drug sales are designed to finance members' personal drug use
chancery courts
Court proceedings created in fifteenth-century England to oversee the lives of highborn minors who were orphaned or otherwise could not care for themselves.
dark figure of crime
Crime that is not reported to the police and that remains unknown to officials.
The key players in the juvenile court are _____, _____, and _______.
Defense attorneys, prosecutors, and judges.
Social investigation report
Developed by the juvenile probation officer, this report includes clinical diagnosis of the juvenile and the need for court assistance, relevant environmental and personality factors, and other information to assist the court in developing a treatment plan.
watch system
During the Middle Ages in England, men were organized in church parishes to guard at night against disturbances and breaches of the peace under the direction of the local constable.
Pledge System
Early English system in which neighbors protected each other from thieves and warring groups.
wayward minors
Early legal designation of youths who violate the law because of their minority status; now referred to as status offenders.
Juvenile Officers
Police officers who specialize in dealing with juvenile offenders; they may operate alone or as part of a juvenile police unit within the department
intake
Process during which a juvenile referral is received, and a decision is made to file a petition in juvenile court to release the juvenile, to place the juvenile under supervision, or to refer the juvenile elsewhere.
Custodial Interrogation
Questions posed by the police to a suspect held in custody in the prejudicial stage of the juvenile justice process. Juveniles have the same rights as adults against self-incrimination when being questioned.
complaint
Report made by the police or some other agency to the court that initiates the intake process.
residential programs
Residential nonsecure facilities, such as a group home, foster home, family group home, or rural home, where the juvenile can be closely monitored and develop close relationships with staff members
Confidentiality
Respecting the privacy of both parties and keeping details secret
Types of Gangs
Social, Party, Serious delinquent, and organized
chronic recidivist
Someone who has been arrested five times or more before age 18.
Miranda warning
Supreme Court decisions require police officers to inform individuals of their constitutional rights when under arrest; warning must also be given when suspicion begins to focus on an individual in the accusatory stage.
need for treatment
The criteria on which juvenile sentencing is based. Ideally, juveniles are treated according to their need for treatment and not for the seriousness of the delinquent act they committed.
plea bargaining
The exchange of prosecutorial and judicial concessions for a guilty plea by the accused; plea bargaining usually results in a reduced charge or a more lenient sentence.
continuity of crime
The idea that chronic juvenile offenders are likely to continue violating the law as adults.
Reentry
The managed return to the community of an individual released from prison. Also, the successful transitioning of a released inmate back into the community.
NCVS (National Crime Victimization Survey)
The ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation.
: are juveniles who are transferred to and convicted in adult court less likely to recidivate than similar youths who are convicted in juvenile court?
This pertains to a specific or individual deterrent effect of transfers.
transfer process
Transferring a juvenile offender from the jurisdiction of juvenile court to adult criminal court.
Kent case
US Supreme Court ruling that during waiver hearings, juveniles are entitled to a hearing that includes the essentials of due process required by the 14th Amendment
at-risk youth
Young people who are extremely vulnerable to the negative consequences of school failure, substance abuse, and early sexuality.
chronic juvenile offenders
Youths who have been arrested four or more times during their minority and perpetuate a striking majority of serious criminal acts; this small group, known as the "chronic 6 percent," is believed to engage in a significant portion of all delinquent behavior. These youths do not age out of crime but continue their criminal behavior into adulthood.
Intensive Aftercare Program (IAP)
a balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to the community
Delinquency Prevention
a broad term used to identify a variety of programs designed to prevent juveniles from becoming delinquent
family group homes
a combination of foster care and a group home in which a juvenile is placed in a private group home run by a single family rather than by professional staff
Daniel Mears, Carter Hay, Marc Gertz, and Christina Mancini argue that:
a core set of rational and science-based principles such as "systematic assessments of culpability and treatment needs and a consistent balancing of punishment and treatment.
Probate Court
a court of special jurisdiction that handles wills, administration of estates, and guardianship of minors and incompetents. However, in most jurisdictions, they are treated in the structure of a family court or an independent juvenile court (14 states use more than one method to process juvenile cases).
milieu therapy
a humanistic approach to institutional treatment based on the belief that institutions can help patients recover by creating a climate that promotes self-respect, responsible behavior, and meaningful activity
writ of habeas corpus
a judicial order that a prisoner be brought before a judge to determine the legality of his or her imprisonment
least restrictive alternative
a noncriminal youth should not be placed in a secure facility of a community-based program is available.
informant
a person who has access to criminal networks and shares information with authorities in exchange for money or special treatment under conditions of anonymity
shelter care
a place for temporary care of children in physically unrestricting facilities
meta-analysis
a procedure for statistically combining the results of many different research studies
balanced probation
a program that integrates community protection, accountability of the juvenile offender, competency, and individualized attention to the juvenile offender, based on the principle that juvenile offenders must accept responsibility for their behavior
suppression effect
a reduction in the number of arrests per year for youths who have been incarcerated or otherwise punished
predisposition report
a report prepared during the disposition process that provides the judge with relevant background material to aid in the disposition decision
reform school
a school established by a state or city government, of the confinement, instruction. and reformation juvenile offenders. and of young persons idle, vicious, and vagrant habits
mandatory sentence
a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria
house arrest
a sentence which requires an offender to stay at home except for certain functions the court permits
Independent Juvenile Court
a specialized court designed to promote rehabilitation of youths within a framework of procedural due process. It is concerned with acting both in the best interest of the child and in the best interest of public protection
community policing
a strategy whereby the community works actively with the local police to lower the crime rate in its area
juvenile intensive probation supervision (JIPS)
a true alternative to incarceration that involves almost daily supervision of the juvenile by the probation officer assigned to the case
indeterminate sentence
does not specify the length of time the juvenile must be held; rather, correctional authorities decide when the juvenile is ready to return to society
There is widespread belief that electronic monitoring is...
effective, with some evaluations showing the recidivism are no higher than traditional programs
Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
rural programs
forestry camps, ranches, and farms that provide recreation and work activities
Rico
from Harlem, 11 siblings, raised by mother, the father involved in crime and left them, violence/gangs common for high school, good student, got in fight to defend himself, he was not arrested, he went on to be successful
juvenile prosecutor
government attorney responsible for representing the interests of the state and bringing the case against the accused juvenile
a high percentage of juvenile offenders enter ______
guilty pleas
Heather Strang and Lawrence Sherman carried out a review that states that victims can explain in full extent what they experienced, and the offenders have to listen. What did the review discover?
he review found evidence that this form of restorative justice can be an effective strategy in reducing repeat offending by juveniles who have committed violent crimes.
cottage system
housing in a compound of small cottages, each of which can accommodate 20 to 40 children
relational modernity
how relationships "should be". - A lack of healthy relationships can lead to delinquency - parents/teachers/peers can notice issues even when juvenile cannot - law abiding role model
purposes of the predispoition report
ilar to the presentence report of the adult justice system, has a number of purposes: • It helps the judge decide which disposition is best for the child. • It aids the juvenile probation offi cer in developing treatment programs where the child is in need of counseling or community supervision. • It helps the court develop a body of knowledge about the child that can aid others in treating the child.88
public defender
attorney who works for the state and defends people who cannot afford a private attorney
The use of probation has ______ since since 1993
increased
Matza's Drift Theory
individuals offend at certain times in their lives when social controls, such as parental supervision, employment, and family ties, are weakened
Barry Feld
believes that over the years the juvenile justice system has taken on more of the characteristics of the adult courts, which he refers to as the "criminalizing" of the juvenile court,128 or in a more stern admonition: "Despite juvenile courts' persisting rehabilitative rhetoric, the reality of treating juveniles closely resembles punishing adult criminals."1
Aftercare
juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in the community
Schall v. Martin (1984)
juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action
Breed v. Jones
juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer; to do so violates the protection against double jeopardy
prevention detention
keeping the accused in custody prior to trial because the accused is suspected of being a danger to the community
In re Gault
key legal case that set out of the basic requiremtns of due process that be satisided in juvenile court proceedings
statute
law
UCR (Uniform Crime Report)
massive compilation of all incidents "known" to local, county, and state police departments across the country. It's a virtual "bible" of crime statistics based on victims complaints and direct observations made by officers
When applied correctly, community treatment...
maximizes the liberty of the individual and at the same time vindicates the authority of the law and protects the public; promotes rehabilitation by maintaining normal community contacts; avoids the negative effects of confinement, which often severely complicate the reintegration of the offender into the community; and greatly reduces the financial cost to the public.
Why might the intensive supervision fail?
offenders are more serious
community service restitution
offenders assist some worthwhile community organization for a period of time
monetary restitution
offenders compensate crime victims for out-of-pocket losses caused by the crime, including property damage, lost wages, and medical expenses
victim service restitution
offenders provide some service directly to the crime victim
final order
order that ends litigation between two parties by determining all their rights and disposing of all the issues
Juvenile Code
set of laws especially for juveniles
drug courts
specialized courts that impose drug testing and counseling requirements on substance abusers and monitor their progress instead of sending them immediately to jail or prison
determinate sentence
specifies a fixed term of detention that must be served
The federal government has encouraged the removal of ____ from detention facilities that also house juvenile delinquents; it has encouraged the removal of delinquents from adult jails.
status offenders
Robert Dawson
suggests that because the legal differences between the juvenile and criminal systems are narrower than they ever have been, it may be time to abolish the juvenile court.
Charles Murray and Louis B. Cox uncovered the
suppression effect
search and seizure
the US constitution protects citizens from any search and seizure by police without a lawfully obtained warrant; such warrants are issued when there is probable cause to believe that an offense has been committed.
Some youths who commit the most serious crimes are routinely waived to _______, despite the fact that there has been a long-standing debate over the transfer of juveniles to adult court. Most juvenile justice experts oppose waiver because it clashes with the rehabilitative ideal. Those in favor of it cite the need for public protection. Here, a youth is held in an adult prison cell after having been adjudicated as an adult
the adult court
age of onset
the age at which a juvenile first exhibits delinquent behavior
right to treatment
the legal right of patients, particularly those who are involuntarily committed, to receive adequate treatment
Victimization
the process of being victimized or becoming a victim of crime
Ajudication
the process of determining whether the defendant is guilty
restitution
the restoration of something lost or stolen to its proper owner
disposition
the sentencing of jjp, best intrest of the child
behavior modification
the use of operant conditioning techniques to bring about desired changes in behavior
discretion
the use of personal decision making and choice in carrying out operations in the criminal justice system, such as a plea bargain
least detrimental alternative
choosing a program that will best foster a child's growth and development
status offense
conduct that is illegal only because the child is underage
role conflict
conflict among the roles connected to two or more statuses
institutional treatment
correctional centers operated by federal, state, and county governments; these facilities restrict the movement of residents through staff monitoring, locked exits, and interior fence controls
positive peer culture
counseling program in which peer leaders encourage other group members to modify their behavior and peers help reinforce acceptable behaviors
Individual Counseling
counselors help juveniles understand and solve their current adjustment problems
Guardian ad litem
court appointed guardian to represent a minor or unborn child in litigation
los angeles county repeat offender prevention program (ROPP)
In one experimental study of intensive probation supervision plus a coordinated team approach for high-risk juveniles
social gang
Involved in few delinquent activities and little drug use other than alcohol and marijuana. Members are more interested in social activities
Does Restitution Work
It is reasonably effective
Child Savers
Nineteenth-century reformers who developed programs for troubled youth and influenced legislation creating the juvenile justice system; today some critics view them as being more concerned with control of the poor than with their welfare.
Thompson v. Oklahoma
No Death penalty for those under 16 years of age.
restorative justice
Nonpunitive strategies for dealing with juvenile offenders that make the justice system a healing process rather than a punishment process.
Probation Innovations
Offender surveillance and control have seemed more appropriate for law enforcement, jails, and prisons than for community corrections
diversion
Officially halting or suspending a formal criminal or juvenile justice proceeding at any legally prescribed processing point after a recorded justice system entry, and referral of that person to a treatment or care program, or a recommendation that the person be released.
group therapy
therapy conducted with groups rather than individuals, permitting therapeutic benefits from group interaction
Guided group interaction
through group interactions a delinquent can acknowledge and solve personal problems with support from other group members
the waiver process involves
transfering juveniles to criminal court
Waiver
transferring legal jurisdiction over the most serious and experienced juvenile offenders to the adult court for criminal prosecution
Psychotherapy
treatment involving psychological techniques; consists of interactions between a trained therapist and someone seeking to overcome psychological difficulties or achieve personal growth
Reality Therapy
treatment that emphasizes personal responsibility for actions and their consequences - Glasser
Experts maintain that detention facilities should provide youth _____________________________________.
treatment, education, counseling, and health care
Roper vs. Simmons
unconstitutional to impose capital punishment for crimes committed while under the age of 18
community treatment
using nonsecure and noninstitutional residences, counseling services, victim restitution programs, and other community services to treat juveniles in their own communities
Do the major categories of dispositional choice in juvenile cases are community release, out-of-home placements, fines or restitution, community service, and institutionalization.
yes
do most juvenile courts have bifurcated hearings (seperate for ajudicationa nd disposition)
yes
do most states use the indeterminate sentence in jc?
yes
punitive
punishing
who is overrepresented in detention?
racial minorites
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Plea bargaining negotiations generally involve one or more of the following:
reduction of a charge, change in the proceedings from that of delinquency to a status offense, elimination of possible waiver to the criminal court, and agreements regarding dispositional programs for the child
The 8% solution
refers to the percentage of juvenile offenders who are responsible for 55% pf repeat cases over a three year period
Juvenile Defense Attorney
represents children in juvenile court and plays an active role at all stages of the proceedings. Delinquent youths have the right to an attorney.
residential programs and group homes are part of...
residential community treatment
Marc Renzema and Evan Mayo-Wilson found that....
results of electronic monitoring do not support the claim that it works at present time.
legal aspects of police work for juveniles
- 4th amendment ban against unreasonable search and seizure applies to juveniles; illegally seized evidence is dismissed a trial. - parents/attorneys do not need to be present to waive their right to remain silent.
Nature of Probation
- A probation sentence implies a contract between the court and the juvenile - The court promises to hold a period of institutionalization in abeyance; the juvenile promises to adhere to a set of rules mandated by the court. - often times the probation period is not set immediately
Other juvenile justice experts, such as Peter Greenwood, contend that
, despite these and other limitations, the treatment programs that the modern juvenile court currently provides play a central role in society's response to the most serious delinquents. - to ensure that these programs are indeed effective, including: awareness of the most up-to-date scientific evidence on the effectiveness of court-based programs, diversion of cases that can be handled informally outside of the system, disposition of cases to appropriate programs, and quality control
skip to chapter 12
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Be aware of new approaches for providing probation services to juvenile off enders and comment on their eff ectiveness in reducing recidivism
- It is now common to enhance probation with more restrictive forms of treatment, such as intensive supervision and house arrest with electronic monitoring. - Restitution programs involve having juvenile offenders either reimburse their victims or do community service. - Residential community treatment programs allow youths to live at home while receiving treatment in a nonpunitive, community-based center. - Some of these probation innovations, like intensive supervision, get mixed reviews on their effectiveness in reducing recidivism, while others such as restitution and restorative justice show success.
Know the nature of aftercare for juvenile off enders and comment on recent innovations in juvenile aftercare and reentry programs
- Juveniles released from institutions are often placed on parole or in aftercare. - There is little evidence that community supervision is more beneficial than simply releasing youths. - Many jurisdictions are experiencing success with halfway houses and reintegration centers and other reentry programs.
major court cases that have influenced police practices
- Terry v. Ohio: police may stop a suspect and search for evidence without a warrant under certain circumstances - Miranda v. Arizona: clearly defined procedure for custodial interrogation
Be familiar with recent trends in the use of juvenile institutions for juvenile off enders and how their use diff ers across states
- The juvenile institutional population has decreased in recent years. • A large number of youths continue to be "hidden" in private medical centers and drug treatment clinics. • There are wide variations in juvenile custody rates across states.
Understand juvenile off enders' legal right to treatment
- The right to treatment is an important issue in juvenile justice. - Legal decisions have mandated that a juvenile cannot simply be warehoused in a correctional center but must receive proper care and treatment to aid rehabilitation. - What constitutes proper care is still being debated, however.
Being "at risk": why do youths take risks?
- Youths considered at risk are those dabbling in various forms of dangerous conduct such as drug abuse, alcohol use, and precocious sexuality. - Troubles in the home, the school, and the neighborhood, coupled with health and developmental hazards, have placed a significant portion of American youth at risk
What is meant by the term status offender?
- a child who commits a status offense - most states now have separate categories for juvenile conduct that is not considered criminal if committed by an adult.
major policing strategies to prevent delinquency
- aggressive law enforcement - policing in schools - community-based and community policing - problem-oriented policing
Delinquency and social problems
- as social problems rise, delinquency rates rise. - racial conflict increases delinquency rates. - recent drop-in delinquency rate can be linked to legalized abortion. - availability of firearms may influence delinquency rates. - growth of gangs - violent media may affect delinquency rates.
Know about the child savers and the creation of the concept of delinquency
- child savers developed programs for troubled kids. - the term delinquent became prominent when juvenile courts were instituted. - children should not be punished, they should be given care
Recent trends in delinquency rate
- crime rates peaked in '91. Police recorded almost 15 million crimes. - since then, the number of delinquent acts has been in decline.
primary goal of JIPS is
- decarceration - control high-risk juvenile offenders - maintaining community ties and reintegration
history of juvenile policing
- developed in England during early 1800s - industrial revolution: treating children as their own group
police use of discretion/factors that influence discretion
- discretion is decided by administration of adult and juvenile justice - made without guidelines from police administrator - numerous factors influence decisions police make about juvenile offenders, including severity of offense, harm experienced by victim, and likelihood that juvenile will break law again
importance of police use of discretion with juveniles, etc
- discretion is essential in providing individual justice - problems with discretion include: discrimination, unfairness, bias towards particular group of juveniles
key issues facing instituitinalied juvenile offenders
- disproportionate number of minorities - female juvenile inmates face more hardships than males
The economy and delinquency
- drops in delinquency rate have been linked to a strong economy. - some believe that a poor economy may help lower delinquency rates because it limits opportunities kids have have to commit crimes. - this topic is often debated
who gets diversion?
- if they have a past criminal record but this is their first offense - if the type of offense is not violent - if the juvenile is abusing substances
pros and cons of policing using different delinquency prevention strategies
- innovation in policing strategies can address the everchanging nature of jd. - tailoring policing activities to local conditions and engaging the community and other stakeholders - saturation patrols that include targeting gang areas and arresting members for any law violations have not proven to be effective against gangs - mainting levels of intesnity and cooperation of agencies imvolved problem-oriented policing strategies, which are essential to their success, is not easy and requires funding.
key roles of police responding to juvenile offenders
- intervene (like with adults) - have knowledge of the law
Duties of juvenile probation officers
- involved in all four stages of the court process -
Elements of Juvenile Delinquency today
- juvenile delinquent refers to minor who violated the penal code. - minor defined as individual who is under 18 (or 17). - juveniles are kept separate from adults and receive different considerations and treatment from the law. - Youths are still subject to arrest, trial, and incarceration.
FFT (functional family therapy)
1. Attempts to engage all family members to participate and redefine the problem. - Takes the focus off of the adolescent and focuses on family.
Two categories for juvenile treatment
1. Community treatment 2. institutional treatment
four stages of court process
1. intake 2. predisposition 3. post-adjudication 4. post-disposition
Arguments in favor of probation
1. probation is appropriate for youth who can be supervised 2. it allows the court to tailor a program for each juvenile offender 3. the justice system has confidence in rehibition while accommodating demands for legal controls and public protection 4. probation is the disposition of choice
Types of institutional facilities
1. reception centers - screen juveniles and assign them to appropriate facility 2. specialized facilities - provide specific care like drug treatment 3. training schools/reformatories - for youth that need long-term care 4. boot camps - rehabilitate youths through physical training
Cliff
16-year-old European American being raised by grandparents. He and his sisters were removed from their parents due to domestic violence and drug abuse. He was charged with breaking windows and threatening his grandfather. He was diagnosed with Bipolar Disorder. Got referral for FFT.
formal probation accounts for ____% of juvenile dispositions
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Know why the treatment of children changed radically after the seventeenth century
Extended families, which were created over centuries, gave way to the nuclear family structure with which we are familiar today. • The philosophy of the Enlightenment stressed a humanistic view of life, freedom, family, reason, and law. The ideal person was sympathetic to others and receptive to new ideas. • The Poor Laws forced children to serve during their minority in the care of families who trained them in agricultural, trade, or domestic services. • Under the apprenticeship system, children were placed in the care of adults who trained them to discharge various duties and obtain skills. • Chancery courts became a significant arm of the British legal system. • The parens patriae concept gave the state the power to act on behalf of the child and provide care and protection equivalent to that of a parent.
FBI
Federal Bureau of Investigation (FBI) is the primary investigative arm of the United States Department of Justice (DOJ), serving as both a federal criminal investigative body and a domestic intelligence agency.
delinquent
Juvenile who has been adjudicated by a judicial officer of a juvenile court as having committed a delinquent act.
problem-oriented policing
Law enforcement that focuses on addressing the problems underlying incidents of juvenile delinquency rather than the incidents alone.
juvenile justice system
The segment of the justice system, including law enforcement officers, the courts, and correctional agencies, designed to treat youthful offenders.
Due Process in Transfer Proceedings
The standards for transfer procedures are set by state statute. Some jurisdictions allow for transfer between the ages of 14 and 17. Others restrict waiver proceedings to mature juveniles and specify particular offenses. In a few jurisdictions, any child can be transferred to the criminal court system, regardless of age
arrest
The taking of a person into custody in a case and in the manner authorized by law.
aging out process
The tendency for youths to reduce the frequency of their offending behavior as they age.
appellate process
allows the juvenile an opportunity to have the case brought before a reviewing court after it has been heard in juvenile or family court
bail
amount of money that someone pays as a promise to appear in court
procedural justice
an evaluation of the fairness of the manner in which an offender's problem or dispute was handled by police
the juvenile institutional population has
decreased
________ refers to the screening of cases by the juvenile court system to determine whether the services of the juvenile court are needed.
intake
David Altschuler and Trou Armstrong developed the
intensive aftercare program
delinquency control
involves any justice program or policy designed to prevent the occurrence of a future delinquent act
intensive probation gets _____ reviews
mixed
population trends
most delinquents are held in public facilities, most status offenders are held in private facilities
Part I offenses (index crimes)
murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson
group homes
non-secured structured residences that provide counseling, education, job training, and family living
other word for diversion
nonjudicial disposition
probation
nonpunitive, legal disposition of juveniles emphasizing community treatment in which the juvenile is closely supervised by an officer of the court and must adhere to strict set of rules to avoid incarceration
juvenile delinquency
participation in illegal behavior by minors
widening the net
phenomenon that occurs when programs created to divert youths from the justice system actually involve them more deeply in the official process
foster care programs
placement of juveniles with families who provide attention, guidance, and care
main difference between arrests of adult and juvenile offenders
police have broader latitude to control youthful behavior
parens patriae
power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent
If a youth violates the conditions of probation—and especially if the juvenile commits another offense—the court can revoke...
probation. The juvenile court ordinarily handles a decision to revoke probation upon recommendation of the probation offi cer
Sampling
process by which participants are selected
wilderness probation
programs involving outdoor expeditions that provide opportunities for juveniles to confront the difficulties of their lives while achieving positive personal satisfaction
Juvenile parolees are required to meet set standards of behavior, which generally include but are not limited to the following:
• Adhere to a reasonable curfew set by youth worker or parent • Refrain from associating with persons whose infl uence would be detrimental • Attend school in accordance with the law • Abstain from drugs and alcohol • Report to the youth worker when required • Refrain from acts that would be crimes if committed by an adult • Refrain from operating an automobile without permission of the youth worker or parent • Refrain from being habitually disobedient and beyond the lawful control of parent or other legal authority • Refrain from running away from the lawful custody of parent or other lawful authority
Once the probation officeridentifies an offender for the program—the 8% Early Intervention Program—the youth is referred to the Youth and Family Resource Center. Here the youth's needs are assessed, and an appropriate treatment plan is developed. Some of the services provided to youths include these:
• An outside school for students in junior and senior high school • Transportation to and from home • Counseling for drug and alcohol abuse • Employment preparation and job placement services • At-home, intensive family counseling for families
Today, all states allow juveniles to be tried as adults in criminal courts in one of three ways:
• Concurrent jurisdiction. In 15, the discretion of filing charges for certain offenses in either juvenile or criminal court. • Statutory exclusion policies. In 29 states, certain offenses are automatically excluded from juvenile court. These offenses can be minor, such as traffic violations, or serious, such as murder or rape. Statutory exclusion accounts for the largest number of juveniles tried as adults. • Judicial waiver. In the waiver (or bind over or removal) of juvenile cases to criminal court, a hearing is held before a juvenile court judge, who then decides whether jurisdiction should be waived and the case transferred to criminal court. Forty-fi ve states and the District of Columbia (not Massachusetts, Montana, Nebraska, New Mexico, or New York) offer provisions for juvenile waivers.5
seven core values of restorative justice
• Crime is an offense against human relationships. • Victims and the community are central to justice processes. • The fi rst priority of justice processes is to assist victims. • The second priority of justice processes is to restore the community, to the degree possible. • The offender has a personal responsibility to victims and to the community for crimes committed. • The offender will develop improved competency and understanding as a result of the restorative justice experience. • Stakeholders share responsibilities for restorative justice through partnerships for action.
Discuss why the study of delinquency is so important and what this study entails
• More than 1.6 million youths are now arrested each year for crimes ranging in seriousness from loitering to murder. • Though most juvenile law violations are minor, some young offenders are extremely dangerous and violent. • The study of delinquency also involves analysis of the law enforcement, court, and correctional agencies designed to treat youthful offenders who fall into the arms of the law—known collectively as the juvenile justice system.
Be able to identify the various juvenile correctional treatment approaches that are in use today and comment on their eff ectiveness in reducing recidivism
• Most juvenile institutions maintain intensive treatment programs featuring individual or group therapy. • Little evidence has been found that any single method is effective in reducing recidivism. • Rehabilitation remains an important goal of juvenile practitioners.
Understand the roles and responsibilities of the main players in the juvenile court
• Prosecutors, judges, and defense attorneys are the key players in the juvenile court. • The juvenile prosecutor is the attorney responsible for bringing the state's case against the accused juvenile. • The juvenile judge must ensure that the children and families who come before the court receive the proper help. • Defense attorneys representing children in the juvenile court play an active and important part in virtually all stages of the proceedings.
Be familiar with the recent social improvements enjoyed by American teens
• Teenage birthrates nationwide have declined substantially during the past decade. • Fewer children with health risks are being born today than in 1990. • Census data indicate that about 86 percent of all adults 25 and older have completed high school.
At the end of the adjudication hearing, most juvenile court statutes require the judge to make a factual fi nding on the legal issues and evidence. In the criminal court, this fi nding is normally a prelude to reaching a verdict. In the juvenile court, however, the fi nding itself is the verdict, and the case is resolved in one of three ways:
• The juvenile court judge makes a fi nding of fact that the child or juvenile is not delinquent or in need of supervision. • The juvenile court judge makes a fi nding of fact that the juvenile is delinquent or in need of supervision. • The juvenile court judge dismisses the case because of insuffi cient or faulty evidence
Understand key historical developments of secure juvenile corrections in this country, including the principle of least restrictive alternative
• The secure juvenile institution was developed in the mid-nineteenth century as an alternative to placing youths in adult prisons. • Youth institutions evolved from large, closed institutions to cottage-based education- and rehabilitation-oriented institutions - The concept of the least restrictive alternative is applicable in decisions on placing juvenile offenders in institutions to ensure that the setting benefits the juvenile's treatment needs.
Criteria concerning waiver of the jurisdiction are:
• The seriousness of the alleged off ense to the community • Whether the alleged off ense was committed in an aggressive, violent, or willful manner • Whether the alleged off ense was committed against persons or against property • The prosecutive merit of the complaint • The sophistication and maturity of the juvenile • The record and previous history of the juvenile • Prospects for adequate protection of the public and the likelihood of reasonable rehabilitation
Describe the life of children during feudal times
• The treatment of children as a distinct social group with special needs and behavior is, in historical terms, a relatively new concept. • Western culture did not have a sense of childhood as a distinct period of life until the very late nineteenth and early twentieth centuries. • In feudal times, children of all classes were expected to engage in adult roles as soon as they were physically capable. • Discipline was severe during this period. • The roots of the impersonal relationship between parent and child in feudal times can be traced to high mortality rates, which made sentimental and affectionate relationships risky.