CJS 215 Midterm Exam

Risk Assessment: What kind of information should we consider in a detention decision?

-Flight risk -Dangerousness -Environment -Family Situation -Etc.

Holman & Ziedenberg (2011) The Dangers of Detention What do the authors conclude about racial disparities in the rise of youth detention?

-From 1985 to 1995, the number of youth held in secure detention nationwide increased by 72 percent. But during this time, the proportion of white youth in detention actually dropped, while youth of color came to represent a majority of the young people detained. -The greatest levels of racial disparity in the use of detention are found in the least serious offense categories. -The causes of the disproportionate detention of youth of color are rooted in some of the nation's deepest social problems, many of which may play out in key decision-making points in the juvenile justice system. -People involved in the decision to detain a youth may bring stereotypes to their decision.

Juvenile Justice System: Early Stages - Order of Events

-Take into Custody -Intake -Detention Decision -Petition -Detention Hearing -Adjudication Hearing

Holman & Ziedenberg (2011) The Dangers of Detention Recognize the authors' main concerns about keeping youth in secure detention?

-The increased and unnecessary use of secure detention exposes troubled young people to an environment that more closely resembles adult prisons and jails than the kinds of community and family-based interventions proven to be most effective. -A recent literature review of youth corrections shows that detention has a profoundly negative impact on young people's mental and physical well-being, their education, and their employment. -Detention can increase recidivism. -Detention pulls youth deeper into the juvenile and criminal justice system.

"in custody"; age, totality of circumstances. Police shall "immediately notify" parents or guardians, parents are to be informed of juveniles rights.

JDB v. North Carolina (2011)

Intensive supervision probation, Day reporting centers, Electronic monitoring, House arrest: Are all examples of ________________________ between probation and prison

Intermediate Sanctions

Most detained juveniles are not charged with a _________ offense

Violent

-Pre-Adjudication cases -Probation/parole Violators -Post-Adjudication, waiting for disposition (sentence)

Detention Center

________________ Regions include: The Limbic System Emotions Fear Rewards Sensation-seeking Social responses Etc.

"Subcortical" Regions Sub-Cortex

5th Amendment Right of Privilege against self-discrimination

"no person shall be compelled to be a witness against himself"

Crimes are most prevalent during mid to late adolescence. The incidence of crime increases with age until individuals reach about 16 to 20. The incidence of crime then decreases with age in adulthood.

"Age-crime curve"

"technical violation"

"Failure"--"Revocation" -New Crime -Technical Violation

Fully Developed Limbic System Hyperactive Reward System Immature Executive Functioning

"Imbalance" Hypothesis

-Training School -Prison -Illinois Youth Center -Juvenile Prison

"Residential Placement" Incarceration

After a juvenile is adjudicated as having committed a status offense or delinquent behavior, the disposition outcome may include 1) formal probation; 2) out-of-home placement (for example, in a group home, other residential facility, or a foster home); or 3) referral to a mental health program, imposition of a fine....

"post- adjudication"

-Locked Custody -Detention Hearing (to be held within 1-2 days)

"pre- adjudication"

A careful, personal assessment of a youth's social history, with recommendations tailored to meet the individual's needs and situation.

"predisposition"

Warr (2012) The Social Side of Delinquent Behavior What is the "group nature of delinquency" and how consistent is the evidence to support its existence?

-Although delinquent behavior is predominantly group behavior, some offenses are more likely to be committed in groups than others. -There is consistent evidence that alcohol and marijuana are used by adolescents exclusively in group settings. Likewise, certain property and public order offenses (vandalism, burglary, trespassing) have rates of group offending nearly as high as those for drug offenses, with property crimes (e.g. auto theft) not far behind. -On the other side of the continuum, shoplifting and assault appear to be among the less "group" offenses. -In general, the offenses that young people commit most often are also the ones most likely to be committed with a group of others.

__________________ results from caregiver sensitivity, which is known as ________________

-Attachment -"parental sensitivity"

Common probation conditions

-Attend School -Work -Restitution -Treatment or Counseling -Curfew -No Intoxicants -No Weapons -Submit to Searches, Drug Tests (without a warrant) -No New Crimes

Process of Risk Assessment

-Collect complete information -Compute score

conflicting goals of probation officers

-Conflict of Interest -Supervision over Services

What are the adverse effects of detention listed in class?

-Cost -Exposure to danger, unhealthful institutional conditions -Separation from Family -Interruption of Education -Congregating Delinquent Youth Together -Negative impact on mental well-being -Recidivism

Holman & Ziedenberg (2011) The Dangers of Detention What point do the authors make about detention and "aging out of delinquency"?

-Detention can slow or interrupt the natural process of "aging out of delinquency". -Study showed that as many as a third of young people will engage in delinquent behavior before they grow up but will naturally "age out" of the delinquent behavior of their younger years.

Holman & Ziedenberg (2011) The Dangers of Detention What do the authors mean by "cost effectiveness" of detention and other interventions? What do they conclude about the cost effectiveness of detention?

-Detention is expensive(more expensive than alternatives to detention). -Detention is not cost effective.

Warr (2012) The Social Side of Delinquent Behavior How does Warr characterize human nature?

-Human beings, like other primates, are highly social animals. They crave the company of their own kind, and protracted isolation from other humans (in prison, for example) can lead to insanity and suicide. -As social animals, What we do at any particular moment depends in part on who we are with and what is considered to be acceptable behavior within that immediate social universe. -We behave differently in the presence of a teacher, girlfriend or boyfriend, pastor, coworker, doctor, schoolmate, bar mate, or police. -This occurs not because we are deceitful or feckless creatures, but because we have acquired role expectation from our culture that define how we are to behave around others (and they with is). -We expect those we call friends,''for example, to be loyal, honest, and intimate, and we are hurt or angry when they fall short. -As social beings, We sometimes do things when others are present that we would never contemplate doing alone一things that may be dangerous, illegal, or morally reprehensible. -Perhaps humans engage in violence because they want to be respected, admired, or simply accepted by others. Perhaps youths form gangs in order to feel part of a larger, albeit dangerous, community.

Criticisms of probation

-Large Caseloads -Recidivism -Supervision over Services -Conflict of Interest

Four ways to think about probation

-Legal Disposition -Alternative to Incarceration -Subsystem of the Juvenile Justice System -Court Service Agency

What is the Juvenile Detention Alternatives Initiative (JDAI)?

-Main Goal: Reduce number of juveniles confined in secure detention -Inter-agency cooperation -Data Collection -Objective Screening -Create Alternatives to Secure Confinement

Warr (2012) The Social Side of Delinquent Behavior What is meant by the "bidirectional" relationship in relation to committing delinquency and having friends who are delinquent?

-Many criminologists reasonably maintain that the relation between delinquent behavior and delinquent peers over time is likely to be bidirectional or sequential. -In other words, acquiring delinquent friends leads to delinquency, which increases the subsequent probability of acquiring still more delinquent friends.

typical probation supervision

-Meet with Youth and Parents -Regular Contact -Administer Drug Tests -Calls -Referrals -Check with School, Employer

What are the concerns about use of detention listed in lecture?

-Non Serious cases 26% of those taken into custody put in detention ex. 27% of juvenile detainees most serious offense = technical violation or status offense -Age of Detainees ex. 965 children 13 and younger in detention on Census day -Length of Stay Ex. Approx 650 kids on Census day had been in pre-adjudication detention for over 90 days -Racial Disparity Ex. Est. 800+ children aged 14 and younger kept in detention centers for non serious offenses for 30 days or longer -Adverse Effects

Advantages of probation (over custodial disposition)

-Probation has the advantage of maintaining ties between the juvenile and the community. -Although incarcerating juveniles for the protection of society is clearly necessary in some cases, correctional institutions frequently serve as a gateway to careers in crime and delinquency. -The notion that sending juveniles to correctional facilities will result in rehabilitation has proved to be inaccurate in most cases.

Detention and Recidivism: Opposing predictions of rational choice theory (deterrence theory) vs. labeling theory and social control theory (social bonds research)

-Rational Choice Theory (Deterrence) -Commit Crime -Get Punished -Recidivism DOWN -Labeling Theory and Social Control Theory (Social Bonds) -Commit Crime -Get Labeled on Offender -Commit more Crime

Purpose of Risk Assessment

-Reduce Bias -Use "Objective" vs. "Subjective" decision making

Screening: Intake Options

-Release -Place under Supervision -Detention -Diversion -Referral to another agency -File a petition (send to juvenile court)

Reading: Lyon (2014) Interviewing Children What issues related to interviewing children were uncovered in court cases of the 1980s and 1990s?

-Researchers were originally inspired by extensive media coverage in the 1980s and 1990s of a series of criminal court cases in which preschool children accused day care providers and teachers of bizarre acts of sexual abuse (Ceci & Bruck 1995). Examination of the investigative interviews in these cases typically revealed highly suggestive questioning. Researchers mimicked the coercive techniques with preschool children and demonstrated high rates of false responding and, in the extreme cases, the formation of false memories . -For many years, research was dominated by demonstrations of the dangers of suggestibility. Researchers identified a number of sources of suggestibility: repeated interviews in which children were told that the false events in fact occurred; encouragement that children visualize the false events; false disparagement of the alleged perpetrator, so that children would form negative stereotypes of the accused; positive and negative reinforcement of false responses ; and exposure to adults recalling false events.

Reading: Lyon (2014) Interviewing Children Recognize some of the pitfalls seen in problematic interviewing such as "suggestive methods" and closed-ended questions. Make sure you understand what a "closed-ended question" is as well as limitations/problems with using closed-ended questions in interviews.

-The problem with the suggestibility research was that it provided worst-case scenarios for children's abilities as witnesses. There are large age differences in suggestibility, even within the preschool years. Children are less vulnerable to suggestions that negative events occurred, particularly events that they find embarrassing or incriminating. Moreover, children are protective of adults with whom they are close. -Research examining typical investigative interviews found that many of the most suggestive techniques are uncommon in forensic interviews . Rather, the primary problem with most interviews is that they contain predominantly closed-ended questions, which are not highly leading but elicit less-complete and less-accurate reports. As a result, the research informed interviewers about highly suggestive techniques that they should avoid, but little constructive advice regarding techniques that they should pursue. -Some types of suggestive questions are also closed-ended. -Unfortunately, reliance on closed-ended questions in interviewing children about abuse raises several problems. -First, closed-ended questions lead to simple, unelaborated responses in children. In adult/adult conversations, closed-ended questions are productive because respondents elaborate on their responses. -This raises the second problem with closed-ended questions. If the questioner is generating all the content, then the narrative that emerges reflects the questioner's perspective more than the child's perspective. -The third problem with closed-ended questions also stems from the fact that the interviewer is doing all the talking. If most of the words are the interviewer's, then this maximizes the likelihood that the child's limited language abilities will undermine the reliability of the child's report. The child may answer yes or no to a question because the child misunderstands some part of the question. -The final problem is that children may exhibit response biases: a tendency to respond to certain types of questions in a particular way, regardless of the truth.

Reading: Lyon (2014) Interviewing Children Get the gist of the recommendations well enough so that you can answer a multiple choice question asking you to identify a question that is consistent with, or NOT consistent with, the recommendations made by Lyon

-There is substantial evidence that the child abuse cases that come to light are disproportionately cases in which children have disclosed and can provide a complete report if questioned effectively. Interviewers can avoid suggesting information by steering clear of the egregious forms of suggestion, and by moving from closed-ended to open-ended ques tions. Instructions about the nature of interviews can improve children's performance. -In order to override any no bias, it is necessary to make the questions more suggestive than simple yes/no questions. -In addition to changing the kinds of questions they ask of children, interviewers can improve children's performance through interview instructions. One purpose of instructions is to provide children guidance on the nature of an investigative interview. -Providing children some practice with flagging incomprehensible questions improves their performance. -Researchers have also identified some instructions that can reduce children's reluctance to disclose transgressions. Reassuring children that they will not get in trouble with the interviewer has had positive effects on children.

What criticisms of juvenile detention were made in lecture?

-Too many nonviolent offenders -Resemble adult jails -Overcrowding -Under-staffing -Affects subsequent treatment by the juvenile system

Through chancery courts, the king exercised the right of ______________________("parent of the county") by enabling these courts to act ______________________("in place of parents") to provide necessary services for the benefit of women and children.

-parens patriae -in loco parentis

Reading: Lyon (2014) Interviewing Children Note characteristics of the "interview instructions" on the list

1-5. Interview instructions "It's OK to say I don't know, but tell me if you do know" (with feedback). "It's OK to say you don't know what I mean" (with feedback). "You can tell me when I'm wrong" (with feedback). "I don't know what's happened to you and won't be able to tell you the answer to my questions." "Do you promise that you will tell the truth?"

OJJDP 10 strategies to improve law enforcement interactions with youth (don't memorize these, just recognize them)

1. Approach youth with calm demeanor 2. Establish rapport 3. Be patient 4. Model respect 5. Use age-appropriate language 6. Show that you are paying attention 7. Take caution with nonverbal communication 8. Model and praise calm confidence 9. Empower them through choices 10. Serve as a positive adult role model

Advice from ACLU to Juveniles Questioning by Police and School Officials

1. Stay calm and don't argue, resist or run if police stop or question you. 2. You can refuse to let the police look at your cell phone. If you do refuse, they must get a warrant. 3. If you're arrested, ask for a lawyer and don't answer police questions. If you speak or write about what happened, your words can be used against you. 4. Police and school employees are never allowed to strip-search you.

Basic rights that Juveniles currently enjoy

1. The right to notice of the charges and time to prepare for the case. 2. Right to counsel. 3. The right to confront and cross-examine witnesses 4. The right to remain silent in court. Juveniles have the right to confront witnesses in a juvenile court hearing, IF the hearing could result in commitment to institution, established through in re Gault (1967). Juveniles have a right to a hearing when their cases are waived to adult court, established through Kent v. United States. Juveniles should not be deprived of their liberty, except in extreme circumstances, established through People v. Turner. Juveniles have the 5th Amendment right, the right against self-incrimination, confirmed through in re Gault (1967). Juveniles have the right to an attorney, IF the hearing could result in commitment to institution, established through in re Gault (1967). Juveniles do NOT have the right to a public trial. Juveniles do NOT have the right to a jury trial. If a juvenile has been found "not delinquent" in Juvenile Court, the judge CANNOT waive the Juvenile to Adult Court, determined through Breed v. Jones. No state is allowed to give a death sentence to any person under age 18 at the time of their crime anymore.

Approximately _____ of juveniles taken into custody are placed in detention

26%

Juveniles are ____ as likely to provide a false confession compared to adults

3x

Basic facts about probation

As a Disposition: -Most Common -Sanction -Offender remains in the community -Under supervision -Sanction (n) - provision of a law enacting a penalty; punishment -Sanction (v) - to authorize or approve, allow, ratify

_____% of the population consists of "chronic offenders"

5-7%

Chronic offenders commit approximately ____% of all crime

50%

Where was the "original juvenile court jurisdiction"?

Cook County Chicago, Illinois

What was Alonza's prison experience like?

Alonza had an extremely traumatizing experience in adult prison. Alonza developed mental health issues requiring him to take medication including an antipsychotic, antidepressant, and anxiety medication during and post-release.

What are the facts of Alonza's criminal case?

Alonza was a 15 year old boy who "ran away" in anger from his home due to a disagreement with his mother. While away from his home, he stayed with a man he met for a couple days where he was provided food and shelter. After a couple of days Alonza decided he should probably go home to his mother, and then the adult male confronted Alonza with a gun and told Alonza he had to rob a store before he could leave. Alonza was unsuccessful in the armed robbery, held at gunpoint by the owners of the store, and arrested by police. He was then tried as an adult, and sentenced to 13 years in adult prison.

(If they aren't fully formed you can change them)

Amenability to Rehabilitation

Arguments AGAINST waiving Alonza Thomas

Arguments AGAINST waiving Alonza Thomas include: Such a young child should not be sent to adult prison.

Arguments FOR waiving Alonza Thomas to adult court

Arguments FOR waiving Alonza Thomas to adult court include: Robbery with the use of a firearm is considered the most dangerous crime aside from homicide itself.

McGloin (2019) Peer Influence and Delinquency What is the Statistical Association Between Peer Associations and Delinquency?

Causal criterion is met between Peer Associations and Delinquency

Distribution of offending by age (Age-crime curve)

Changes age 13-14 Changes age 18-19

Holman & Ziedenberg (2011) The Dangers of Detention What do the authors say about congregating delinquent youth together?

Congregating delinquent youth together negatively affects their behavior and increases their chance of re-offending.

McGloin (2019) Peer Influence and Delinquency How does Differential Association Theory predict that peers will influence delinquent behavior?

Differential Association Theory posits that one's tendencies towards crime may develop primarily through his/her interactions with others.

influence behavior = _________________

Direct

"Child Effects"

Direct and Indirect

The parents are to harsh, so the government takes their kids away (neglect). Government acts as a parent (their duty is to protect citizens). They have the legal right to take kids from parents.

Doctrine of parens patriae

Reasons for having a separate Juvenile Justice System

Doctrine of parens patriae Mens rea ("culpability") Amenability to Rehabilitation

The new Illinois law related to police use of deceit in interrogations of juveniles

Governor JB Pritzker signed historic legislation into law at a ceremonial bill signing, making Illinois the first state in the country to prohibit law enforcement officers from using deception while interrogating people under the age of 18. The new law bans commonly used deceptive interrogation tactics, including making false promises of leniency and false claims about the existence of incriminating evidence.

McGloin (2019) Peer Influence and Delinquency In general, how is human behavior learned?

Human behavior is learned through our communication with others.

Goals of Adolescent Development

Identity formation Romantic Partnerships Time Management Labeling Theory Acquiring Capital -Financial Capital -Human Capital -Social Capital

Limitations to in re Gault

If hearing could result in commitment to restitution.

Does Illinois have special rules about "Miranda" warnings to minors? If so, are they the same as the rules provided by the federal government? Stricter? More Lax?

In Illinois, more juvenile-friendly Miranda rights are read to minors upon detainment or arrest.

The Provisions of in re Gault

In re Gault Ruling: In hearings that could result in commitment to an institution, juveniles have constitutional rights: Right to be notified of charges against them Right to legal counsel Right to cross-examine witnesses Right of "privilege against self-incrimination"

influence treatment received by others = __________________

Indirect

An _____________________ is responsible for determining the needs for a case and decides what action should be taken

Intake Officer

Findings from research about interrogations of juveniles by the police

Juveniles should be interrogated differently than adults due to: Poor understanding of rights, suggestibility propensity to confession and false confession, vulnerability to peer influence, inability to think like an adult. Interrogation techniques used with juvenile suspects: Building rapport, offering things of comfort, presenting real evidence, moving closer to suspect, minimizing seriousness of offense, emphasizing seriousness of offense, using deceit, leaving suspect alone in room, suggesting what might have happened, presenting false evidence.

Probation officer caseloads are typically ____________

Large

Formal and official approach with strict adherence to constitutional safeguards

Legalistic Approach

(guilty mind, based on intent, did not commit the crime, also includes a child)

Mens rea ("culpability")

McGloin (2019) Peer Influence and Delinquency What kinds of things do kids "learn" that might lead to delinquent behavior?

Motive, Drive, Attitude, and Rationalization of crime that promote criminal behavior.

Which 2 rights of due process for adults are not shared by minors?

No right to a jury. No right to a public trial.

What are the rules police have to follow when they take a juvenile into custody?

Police shall "immediately notify" parents or guardians, parents are to be informed of juveniles rights.

What three major categories of juveniles are held in detention centers?

Pre-adjudication cases Probation/Parole violators Post-adjudication, waiting for disposition (sentence)

Executive Functioning ("top-down processing") aka: Frontal Lobes, Cerebrum, etc.

Prefrontal Cortex

Miranda Rights Provided in the Miranda Warning

Right to remain silent, anything you say can and will be used against you, you may request a lawyer. Police have to read the Miranda warning to you when you are taken into custody

The juvenile justice system is ____________ from the "criminal justice system".

Separate

Remember corresponding terms in the juvenile and adult systems: ______________________ ______________________ ______________________

Take into custody (arrest) Petition (charge) Detention (jail)

McGloin (2019) Peer Influence and Delinquency "Selection" view of the peer-delinquency correlation

The "selection" interpretation of the correlation suggests that the correlation may not be causal. It may be "spurious". In this case, some argue that the high correlation between peer delinquency and delinquency of typical samples under study is due to the fact that deviant kids PICK deviant friends; non-deviant kids PICK non-deviant friends and so on. So there is no mutual influence, but a gigantic correlation because if you know the delinquency level of friends you can make a much better guess of the delinquency level of your subjects (this is what a correlation means).

McGloin (2019) Peer Influence and Delinquency "Socialization" view of the peer-delinquency correlation

The "socialization" view means that deviant peers "socialize" their friends and that influences deviant behavior. The correlation in this case would reflect a causal influence.

McGloin (2019) Peer Influence and Delinquency Understand the methodological problem: Why do studies need to attend to temporal order?

The concern of temporal order maps onto the control theorists' aforementioned assertion that delinquent tendencies precede association with delinquent others.

Cox et al. Textbook Chapter 8 Juveniles and the Police What are Informal Adjustments?

The informal adjustment is commonly referred to as a street corner adjustment or stationhouse adjustment.

McGloin (2019) Peer Influence and Delinquency What is the main controversy discussed?

The main controversy discussed is the role of peer influence in criminal outcomes.

Informal and unofficial approach, being grounded in approaches that emphasize treatment and/or casework

Therapeutic Approach

What is the most important Supreme Court case related to the Rights of Juveniles?

in re Gault

Most petitioned delinquency cases result in ________________

probation

limbic system function

regulation of emotion; memory; appetite; autonomic, neuroendrocrine; olfaction

-Reparation made by providing compensation for loss, damage or injury caused by the offender -Accountability -Reparation -Rehabilitation -Punishment -"Restorative Justice"

restitution programs