Juvenile Delinquency Final

Theories of Gang Formation

nThere are several schools of thought as to why gangs may form in neighborhoods, particularly in the inner city. nSocial disorganization may result in gangs arising due to living in transitional neighborhoods and experiencing ethnic conflict nStatus frustration and the fatalism of being a lower-class child in a middle-class educational system may result in association with others who are similarly situated nIn areas of economic decline, absent positive role models, community networks, and stable families, gangs may emerge in response to the lack of informal social controls and social disorganization

The Trickle-Down Effect

§ In 1963, the United States Supreme Court held in Gideon v. Wainwright that the Sixth Amendment right to counsel required that indigent adults charged with a felony offense must be appointed an attorney at public expense §Based upon the decision in Gideon, in a series of cases starting in 1966, the Supreme Court has extended other fundamental elements of due process protection to juveniles facing delinquency proceedings in juvenile courts, thus creating a "trickle-down" effect of adult rights to children § The importance of the adult criminal court "trickle-down effect" on juvenile rights was most clearly seen in the Supreme Court's 1967 decision In re Gault which held that juveniles facing delinquency proceedings have a right to counsel under the Due Process Clause of the United States Constitution's Fourteenth Amendment §A year prior to the Gault decision, in 1966, the Court had observed that youth in juvenile court proceedings were getting "the worst of both worlds," explaining that they received, "neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children" (Kent v. U.S.) § The Supreme Court's line of due process cases most importantly allowed juvenile respondents to become participants instead of just spectators in their court proceedings §In addition to the right to counsel, the Supreme Court also extended to youth the right to notice of the charges against them, the privilege against self-incrimination, and the right to confront and cross-examine adverse witnesses; rights that had not before been available to them

Juvenile Custody

§A child may also enter the juvenile justice system upon being taken into custody by a law enforcement officer §The taking of the child into custody is the functional equivalent of the arrest of an adult and while in custody, the child has the same rights as an adult with regards to police interrogation and the Fifth Amendment privilege against self-incrimination §Children who are in police custody must be warned of their rights pursuant to Miranda v. Arizona before being questioned about an allegedly delinquent act, but the law does not require that the child's parents be present before the police may question the child

The Concept of Fiduciary Duty

§A fiduciary duty is the strictest duty of care recognized by the U.S. legal system and requires that the person performing the duty act solely in the protected party's interests §Basically, a fiduciary duty is the legal obligation of one party involved in a legal proceeding to act in the best interest of another party to the same proceeding §Parties owing a fiduciary duty are referred to as "fiduciaries" and the individual to whom the fiduciary owes a duty is called the "principal" §A fiduciary is not permitted to profit from the relationship with the principal and also has a duty to avoid any conflict of interest, or the appearance of a conflict of interest, with the principal

Youth Gangs

§A gang is a group of youths who collectively engage in delinquent behaviors §Gang expert Malcolm Klein argues that two factors stand out in all definitions §Members have self recognition of their gang status and special vocabulary, clothing, signs, colors, graffiti, and names §There is a commitment to criminal activity Classifications §Scavenger Gangs- Scavenger gangs, sometimes called "retreatist gangs," are the least organized and least "successful" gangs. §Members are likely to be low-achievers and drop-outs and are prone to erratic behavior. Leadership changes often and because scavenger gangs have no pre-planned goals, crimes are spontaneous. §Territorial Gangs- Territorial gangs, also known as "fighting gangs," are turf-loyal and highly organized with elaborate initiation rituals and other traditions and practices that set them off from non-members. They often wear clothing that identifies them as gang members- their "colors." Members of territorial gangs have often done very poorly in school. They usually have troubled family lives. The primary purpose of territorial gangs is social and not economic. While some sell drugs, many do §Corporate Gangs- Corporate gangs, also known as "crews" or "entrepreneurial gangs," are highly organized criminal conspiracies set up to sell drugs at maximum profit. §Turf, colors, and other things that are important for other kinds of gangs are not relevant for corporate gangs. Discipline, secrecy, and a strict code of behavior are expected of every member, and punishment for mistakes can be extreme. While members of corporate gangs may not be well educated, they are often highly intelligent.

Petitioning a Juvenile

§A law enforcement officer who believes that a child has committed a criminal or status offense, may initiate a juvenile court proceeding involving the child by filing a petition with the juvenile court §Under most circumstances, the officer or someone authorized by the juvenile court will prepare the petition and file it with the court §The petition will identify: (1) the facts alleging the child's delinquency; (2) the child's name, age, and address; and (3) the names and addresses of the child's parents or guardian §After the petition is filed, the child and the child's parents or guardian are notified of the charges against the child §The juvenile court will then set a date and time for an "adjudicatory hearing" at which the judge determines whether the juvenile is "guilty" or "not guilty" of the alleged offense

Youth Gangs

§A youth gang, as opposed to a criminal gang generally, is a group of youths who collectively engage in criminal or delinquent behaviors §Gang experts generally find that two factors stand out in all definitions of gangs §Members have self recognition of their gang status and special vocabulary, clothing, signs, colors, graffiti, and names §There is a common commitment among the members to criminal or delinquent activity §Some defining factors: §Many definitions consider an attribute of youth gangs that they have three or more members, generally ranging in age from 12 to 24 §The members have a "shared identity" usually linked to a gang name and often gang symbols §Youth gangs have some degree of permanence and organization §They are typically involved in elevated levels of criminal and delinquent activity

Aftercare revocation procedure

§Adhere to a reasonable curfew set by youth worker or parent §Refrain from associating with persons whose influence 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 or parent or other legal authority

Ethnic and Racial Composition of Gangs

§African American and Latino youths predominate gang membership §1/2 are Hispanic/Latino §1/3 African American §1/5 European American §Association between gang size, gang problem onset, and race/ethnicity characteristics §Larger cities with newer gang problems are twice as likely to report greater variation in racial/ethnic composition §Ethnic or racial distribution generally corresponds to a geographic location's demographic

Juvenile Aftercare and reentry

§Aftercare provides transitional assistance to juveniles to help them adjust to community life §Reentry is the process of returning to society upon release from a secure custody facility §Services provided to juveniles: §Supervision by parole officers or a caseworker to maintain contact with juvenile, make sure a corrections plan is followed, and show interest and care

Youth Gang Age and Gender

§Age §Members ages may range widely with some gangs having members who are aged well into their adult years §Gender §Youth gangs are traditionally all male §Gender-mixed gangs, however, are becoming more common §Females gangs are on the rise and typically exhibit lower rates of delinquent acts compared to all-male gangs

The Juvenile Defender: A Unique Skillset

§Although juvenile defense attorneys must have all the legal knowledge and courtroom skills of a criminal defense attorney representing adult defendants, they must, in addition, be aware of the strengths and needs of their juvenile clients and of their clients' families, communities, and other social structures §They must also understand child and adolescent development in order to be able to communicate effectively with their clients, and to evaluate the client's level of maturity and competency and its relevancy to the delinquency case §Watch Kim Dvorchak's brief Ted Talk discussing why juvenile offenders need good lawyers at the following link: https://youtu.be/OfL5JmZnkI8

Kent v. US (1966)

§Although occurring before the landmark decision In re Gault, the Kent case can be seen as the case that started the Supreme Court's journey towards the recognition of fundamental rights for juvenile offenders §Kent was significant because it was the first Supreme Court case to modify the long-standing belief that juveniles did not require the same due process protections as adults, because the purpose of the juvenile court was rehabilitation, not punishment §Morris Kent, age 16, was on probation when, in 1961, he was charged with rape and robbery. He confessed to the offense, and his attorney filed a motion requesting a hearing on the issue of jurisdiction because he assumed that the District of Columbia juvenile court would consider waiving jurisdiction to criminal court §Kent's attorney, together with Kent's mother, met with the Social Service Director of the Juvenile Court and discussed the possibility that the Juvenile Court might waive jurisdiction and remit Kent to trial by the District Court and Kent's attorney made known his intention to oppose any waiver at the hearing on the motion §The juvenile judge did not rule on the motion for a hearing but, instead, waived jurisdiction after making a "full investigation," without describing the investigation or the grounds for the waiver §Kent was then found guilty in criminal court and sentenced to 30 to 90 years in prison and the appeals filed by Kent's attorney were rejected outright by the appellate courts §In reversing the appellate courts, the U.S. Supreme Court ruled that the waiver without a hearing was invalid, and that Kent's attorney should have had access to all records involved in the waiver, along with a written statement of the reasons for the waiver

Public School Searches

§Although the Supreme Court has recognized that public school students retain a legitimate expectation of privacy in the private property they bring to school, it has also held that neither the warrant requirement nor the traditional doctrine of probable cause applies to public school searches (New Jersey v. T.L.O.) §Currently, public school teachers and administrators may search students without a warrant if two conditions are met: §(1) there are reasonable grounds to suspect that the search will reveal evidence that the student has violated or is violating either the law or a school rule; and §(2) the search is not excessively intrusive in light of the student's age and sex and the nature of the suspected violation

The Attorney/Client Relationshp

§An important component of the relationship between the alleged juvenile offender and the defense attorney is the confidentiality that is afforded to the communications between them §The duty of confidentiality on the part of the defense attorney is embodied in the concept known as the "attorney client privilege," the oldest privilege recognized under American law

Why do youths join gangs?

§Anthropological view §Appeal to tribal instincts §Social disorganization/sociocultural view §Youth gangs form due to destructive sociocultural forces in disorganized areas §Anomie/alienation view §Alienation leads to gang involvement §Social conditions encourage gang activity §Trait view §Gang members have biological and psychological traits that make them prone to violence and to joining gangs §Life course view §Gang involvement is indirectly related to continued participation in street crime and to the probability of being arrested. §Rational choice view §Youths may make a rational choice to join a gang

The Actors in the Juvenile Courtroom

§As in an adult criminal court, there are several distinct actors in the juvenile/family court whose roles both complement, and conflict with, the roles of the other players §The four major players in the juvenile/family court are the following: §The juvenile defense attorney §The guardian ad litem §The juvenile prosecutor §The juvenile/family court judge

Outcomes

§At the conclusion of the adjudicatory hearing, after all the evidence has been presented, the judge will make a ruling §The judge may a) determine that the state failed to prove its case beyond a reasonable doubt and find the child "not guilty," or b) the judge may find the child "guilty" and adjudicate the child delinquent §It is important to note that an adjudication is not a conviction, while adults who are found guilty of an offense are "convicted;" children are "adjudicated delinquent"

Defining the Problem

§Bullying is a subset of aggression §It is proactive, not reactive, aggression §Bullying behaviors may be direct, indirect, or relational §Bullying has two key components: repeated harmful acts and an imbalance of strength and power between bully and victim §A widely accepted current definition is that bullying is "a repeated behavior, including both verbal and physical behaviors, that occurs over time in a relationship characterized by an imbalance of strength and power"

Academic Performance and Delinquency

§Chronic academic underachievement is a stronger predictor of delinquency than class membership, race, ethnicity, or peer influence §Children who report they don't like school or who don't do well in school are most likely to self-report delinquency, whereas at-risk youths who do well in school often avoid involvement in delinquent behavior and, accordingly, are less likely to self-report delinquent behavior

Gang Membership Risk Factor

§Community §Social disorganization §Poverty §Existing presence of gangs §Conflict with social control institutions §Feeling unsafe in neighborhood §High crime neighborhood §Family §Family disorganization §Family members in a gang §Lack of adult male role models §Lack of parental role models §Low socioeconomic status §School §Academic failure §Negative labeling by teachers §Trouble at school §Few teacher role models §Educational frustration §Identification as "learning disabled" §Peer Group §High commitment to delinquent peers §Low commitment to positive peers §Street socialization §Gang members in class §Interaction with delinquent peers §Individual §Prior delinquency §Street smartness §Aggression §"Locura"- acting in a daring, courageous and especially crazy fashion in the face of adversity, first identified as a factor in Hispanic street gangs. §"Soul death"- a feeling worthlessness, leading to the belief that no one's life should be worth anything because the gang member's life is so worthless; conducive to violent actions. - James Diego Vigil, Ph.D., School of Social Ecology, University of California, Irvine. nThe conditions that cause youth to join gangs typically arise from the gang's ability to fill a void where family, community, and social acceptance should normally be nYouth experience a sense of alienation and powerlessness because of a lack of traditional support structures nGang membership gives youth a sense of belonging, becomes a source of identity, affords a sense of power and control, and gang activities become an outlet for anger nYouths typically begin to express an interest in belonging to a gang at ages 12-13 and join the gang at age 13 or 14, after approximately six months of "hanging out with" the gang

The Legal Right to Treatment

§Concept introduced to mental health field in 1960 by Morton Birnbaum §Inmates of the Boy's Training School v. Affleck (1972) §Established minimum standards for all juveniles confined in training schools §Other cases related to "right to treatment": §Nelson v. Heyne (1974) §Morales v. Turman §Pena v. New York State Division for Youth §Ralston v. Robinson §Santana v. Callazo

Contemporary Juvenile Probation

§Contemporary probation: §Considered the backbone of community treatment for juveniles §Most popular juvenile disposition for juvenile court judges: §339,700 juveniles were placed on formal probation to date §Direct judicial order that allows youth to remain in community under court supervision §Conditions of probation vary §Typically involve basic rules such as attending school/work, keeping regular hours, remaining in the jurisdiction, and staying out of trouble §Often ordered for indefinite period of time

Institutional Treatment

§Correctional centers operated by federal, state and/or county governments §Restrict movement of residents through means such as staff monitoring, locked exits, and interior fence controls §Various types of such treatment §Reception centers, specialized facilities, training schools, ranch/forestry, and boot camps §Suppression effect: §A reduction in the number of arrests per year following release from a secure facility

Bullies and Victims

§Current research also suggests that students can be classified as bullies, victims, bully-victims, or bystanders §Some students are both bullies and victims and are referred to by researchers as either "provocative victims" or "bully-victims" and as many as 30% of all school age children may fall in this mixed category §Research also suggests that students may have different bullying and victimization profiles, or roles, at different times §Bullying appears to be a group phenomenon that, in any given situation, may involve bullies, aggressive bullies, victims, bully-victims, and bystanders

Future of Juvenile Corrections

§Debate regarding effectiveness of community versus institutional treatment §The most effective secure corrections programs are the ones that provide individual services for a small number of participants §Debate regarding effectiveness of correctional treatment versus other delinquency prevention §Focus on deinstitutionalization of juvenile offenders §Disproportionate minority incarceration an issue §Aftercare and reentry services have become a critical part of successful transition to community

The Question of Peer Influence

§Do antisocial peers cause delinquency or do antisocial youth seek delinquent friends? §According to control theory, antisocial adolescents seek out like-minded peers for criminal association and to engage in criminal transactions §According to labeling theory, deviant youths are forced to choose deviant peers §According to social learning theory, delinquent friends cause law-abiding youth to get in trouble §According to routine activities theory, adolescents interacting with like-minded peers without parental control are more likely to be involved in delinquency §According to rational choice theory, adolescents choose to get involved with delinquent peers because doing so provides them high status in the youth culture

The Direction of Peer Influence

§Do antisocial peers cause delinquency or do antisocial youths seek delinquent friends? §According to control theory: §Antisocial adolescents seek out like-minded peers for criminal association and to conduct criminal transactions §According to labeling theory: §Deviant youth are forced to choose deviant peers §According to social learning theory: §Delinquent friends cause law-abiding youth to engage in deviant or delinquent acts §Do antisocial peers cause delinquency or do antisocial youths seek delinquent friends? §According to routine activities theory: §Youths with like-minded peers without parental control are more likely to be involved in delinquency §According to rational choice theory: §Youths choose to get involved with delinquent peers because they have high status in the youth culture

Bullying and Relational Aggression

§Early studies viewed bullying aggression as overtly physical or verbal behavior and did not consider subtle, more covert, forms of aggression such as relational aggression §Relational aggression may be defined as "behaviors that are intended to significantly damage another child's friendships or feelings of inclusion by the peer group" §Relational aggression includes behaviors such as spreading rumors (whether in person or electronically, such as by e-mail, texting or instant messaging, also known as "cyberbullying"), excluding peers from one's social group, and withdrawing friendship or acceptance

Controlling Gang Activities

§Law enforcement efforts §Youth service programs §Gang details §Gang units §Community control efforts §Detached street worker §Gang outreach §Recreation Why Gang control is difficult §Aggressive tactics can be overzealous and alienate the community §Social and economic solutions seem equally challenging §It is a socio-ecological phenomenon, requiring social solutions that do not have an easy fix

Education Trends and Issues

§Economically disadvantaged children usually enter school already lagging behind their more advantaged peers, facing substantial gaps in reading and math proficiency, in prosocial behaviors, and multiple other problems in relation to their ability or readiness to learn §Many fail to meet grade-level expectations on core subjects and face higher rates of placement in non-mainstream classes as well as grade repetition §Children who do poorly in school are at much greater risk of engaging in delinquent behavior and chronic underachievers are among the most likely to engage in delinquent behavior §Delinquents tend to be academically deficient whereas at risk youth who do well in school academically often avoid becoming involved in delinquent behavior §A strong link between academic failure and delinquency is found in chronic offenders; only 40% of incarcerated felons have twelve or more years of education, compared with 80% of the general population

Educational, vocation, and recreational programs

§Educational programs §Often are best staffed of all programs, but are still inadequate §Vocational programs §Range from auto repair to computer training §Common drawback is "sex-typing" §Wilderness programs §Involve outdoor expeditions that provide opportunities to confront difficulties and achieve personal satisfaction §Juvenile boot camps §Combine get-tough approaches with education, substance abuse treatment, and social skills training §A meta-analysis study shows boot camps to be ineffective in reducing recidivism rates

Community Treatment

§Efforts to provide care, protection, and treatment for juveniles in need §Probation §Treatment services such as individual/group counseling §Restitution §Foster homes and small group homes §Boarding schools §Counseling §Vocational training

Anglo Gangs

§First American youth gangs were European American §During the 1950s, they competed with African American and Latino gangs §Today, they account for less than 10% of all gang members §Members are often alienated middle class youth §Often referred to as skinheads, and may be identified by a shaved head and Nazi or KKK markings

African American Gangs

§First organized in the early 1920s §Maintain a national presence in the U.S. §Black P. Stone Nation: 6,000-8,000 members §Bloods:7,000-30,000 members §Crips: 30,000-35,000 §Unique characteristics §Nicknames §Nondescript attire §Distinctive hairstyles §Tattooing §Distinctive graffiti

Argument in favor of probation

§For youths who can be supervised in the community, probation represents an appropriate disposition §Probation allows the court to tailor a program to each youth offender §Research raises questions regarding the adequacy of the present system to attend to special needs of female probationers §Personalized probation plans help with this problem §The justice system continues to have confidence in rehabilitation while also accommodating demands for legal controls and public protection §Probation is often the disposition of choice, particularly for status offenders

Fredrick Thrasher

§Frederick Thrasher's classic 1927 study of the emergence of youth gang's in Chicago, "The Gang: a study of 1313 gangs in Chicago," proposed that gang development was most prominent in converging areas of cities where there "breaks in social organization and cohesion." §Thrasher's proposal was essentially that "neighborhoods in transition" were fertile breeding grounds for the formation of youth gangs.

Gang Violence

§Gang members are: §More violent than non-members §More likely to carry weapons §More likely to commit homicide §Violence is used to: §Transform a peer group into a gang §Maintain the gang's internal discipline §Prestige crimes §When a gang member steals or assaults to gain prestige in the gang

Cohesion

§Gangs are "near-groups" and often lack long-term cohesion §Groups with limited cohesion, impermanence, minimal consensus of norms, shifting membership, disturbed leadership, and limited definitions of membership expectations

Latino Gangs

§Gangs are popular in the Latino culture §Admission involves rituals that prove their machismo §Leadership hierarchy is fixed in some areas, fluid in others (Southern CA) §Known for dress code: §Tank-style t-shirts §Territory marked with colorful and intricate graffiti, stylized lettering, and 3-D designs §Strong sense of turf §Most feared Latino Gang §Mara Salvatrucha (MS-13) §Generally considered the nation's most dangerous gang

Breed v. Jones

§Gary Jones, aged 17, was charged with armed robbery and appeared in a Los Angeles juvenile court where he was adjudicated delinquent §After adjudication at the juvenile disposition hearing, the judge waived jurisdiction and transferred Jones' case to criminal court for trial §Jones's attorney filed a petition for a writ of habeas corpus with the juvenile court, arguing that the waiver to criminal court after adjudication in juvenile court violated the double jeopardy clause of the Fifth Amendment §The juvenile court denied the petition on the basis that a juvenile adjudication was not a "trial" and that, accordingly, the double jeopardy clause of the Fifth Amendment would not apply were Jones to face trial in the criminal court §Jones' case was sent to criminal court where he entered a plea of not guilty and also pleaded that he had "already been placed once in jeopardy and convicted of the offense charged, by the judgment of the Superior Court of the County of Los Angeles, Juvenile Court," but the criminal court found Jones guilty of robbery anyway §The case was appealed to the U.S. Supreme Court which ruled that the juvenile adjudication was equivalent to a trial, because Jones was found to have violated a criminal statute §Accordingly, the court found that Jones' double jeopardy rights had been violated, holding that the protection against double jeopardy applies at a juvenile adjudication hearing as soon as any evidence is presented

Protecting the Child's Interest

§Historically, courts have recognized the limitations of children to defend themselves or to pursue vindication of their personal rights without the assistance of others §To address this limitation, courts have recognized the necessity of appointing an adult representative to protect the child's interests at any time that those interests become entwined in a judicial proceeding §The representative appointed by the court undertakes what is referred to as a "fiduciary duty" to protect the child's interests and becomes, during the course of the lawsuit, an officer of the court, subject to the court's oversight and, if necessary, removal

Secure Corrections

§History of juvenile institutions §Until the early 1800s, institutions housed juveniles and adults §Reform schools: §Institutions that provide educational and psychological services to improve the conduct of juveniles who are forcibly detained §Cottage system: §Second half of the 19th century §Housing in a compound of small cottages accommodating 20-40 children §The first cottage system in 1855 was in Massachusetts §Twentieth-Century Developments §1899: first juvenile court §1930s: Civilian Conservation Corps began to emerge; §U.S. Children's Bureau sought to reform juvenile institutions §1940s: American Law Institute's Model Youth Correction Authority Act passed §1970s: focus on least restrictive alternative §Removal of status offenders from secure confinement §1994: OJJDP reported widespread problems in juvenile justice facilities: §Overcrowding, inadequate health care, lack of security, and poor monitoring of suicidal behavior

Diversion

§If a child meets certain criteria, the juvenile prosecutor may allow the child's case to be diverted from the juvenile justice system completely and no petition will be filed §Thus, instead of being prosecuted in the juvenile/family court, the child will be allowed to participate in a diversion program, such as an arbitration or juvenile pre-trial intervention program and if the child successfully completes the diversion program, the charges against the child will be dismissed §Criteria that would make a child eligible for a diversion program might include being a first-time offender, a nonviolent offender, or being drug/alcohol dependent.

Detention Decision Making

§If the child is taken into custody by a law enforcement officer, the officer must decide whether to release the child to a parent or guardian, or to detain the child, pending the adjudicatory hearing §In South Carolina, if the officer determines it is necessary to place the child outside the home until the adjudicatory hearing, a Department of Juvenile Justice (DJJ) representative must "make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when appropriate and available" §An officer's decision to detain a child may be based on several factors: §If the child is believed by the officer to be inclined to run away while awaiting trail, the child is more likely to be detained §A child is also more likely to be detained if the officer believes that the child is likely to commit an offense that is dangerous to the child's parent or guardian or another household member §For the officer to detain, there must be probable cause to believe a) that the child has committed the offense for which taken into custody and b) that the child will flee likely if not detained

Adjudication

§If the child's case is not waived to adult criminal court, and the juvenile prosecutor chooses to prosecute, a hearing is scheduled for the juvenile/family court judge to determine whether or not the child has committed the alleged offense (i.e. is "guilty") §At the hearing, called the adjudicatory hearing, the child will either admit or deny the allegations in the petition and, if denying the allegations, the right to a trial before the judge where the prosecutor has the burden of proving "beyond a reasonable doubt" that the child committed the offense alleged in the petition

Guilty Pleas

§If there is ample evidence supporting the allegations of the petition, the child may decide to give up the right to a trial and plead guilty or admit to the facts of the petition §Before a child pleads guilty, the child's attorney may attempt to enter into plea negotiations with the prosecutor §Plea negotiations may involve: a reduction of a charge; dismissal of one or more of multiple charges; elimination of the possibility of waiver to adult court; and/or agreements regarding disposition recommendations for the child, such as an agreement by the prosecutor to recommend probation. §When a child enters a guilty plea, the judge must be satisfied that the plea was entered into voluntarily before adjudicating the child delinquent

Historical Development

§In England: §Specialized procedures for dealing with youth offenders as early as 1820 §In the U.S.: §Juvenile probation as part of social reform in the latter half of the 19th century §Massachusetts took the first step in 1869 §By 1890, probation had become a mandatory part of the court structure §The rapid spread of juvenile courts during the first decades of the 20th century encouraged the further development of probation §Youth could be rehabilitated and the public was responsible for protecting them

The Detention Hearing

§In South Carolina, as an example, if the officer who took the child into custody has not released the child to a parent or responsible adult, the family court must hold a "detention hearing" within 48 hours from the time the child was taken into custody to determine whether further detention is warranted §The child must be represented by an attorney at the detention hearing and may only waive the right to counsel after consulting with an attorney and the court will appoint an attorney to represent the child if the child does not already have one §At the detention hearing, any evidence that is relevant to the necessity for continuing detention of the child is admissible pending the adjudicatory hearing §At the conclusion of the detention hearing, the judge will determine: (1) whether probable cause existed to justify the detention of the child; and (2) whether it is appropriate and necessary to detain the child further

Detention of Juveniles

§In many states when a child is taken into custody by a law enforcement officer, the officer must determine whether to release the child to a parent or responsible adult, or to detain the child pending a court hearing §Children are generally eligible for detention only if they meet certain criteria defined by state law §For example, in South Carolina, the law allows for detention of a child over the age of eleven who has been charged with a statutory violent crime; who is in possession of a deadly weapon; or who has no suitable alternative placement and it has been determined that detention is in the child's best interest or is necessary to protect the child or members of the public

School Violence and the Media

§Incidents of violence at a school can make students fearful and affect their readiness and ability to learn, increase their concerns about vulnerability to attacks, and detract from a positive learning environment §Although violent crimes committed at schools are statistically rare, media coverage of isolated acts of violence leaves a fearful public with the impression that school violence is a widespread national problem §Media reports have helped to create an increased fear of violent acts in schools regardless of how frequent or probable the acts are or how indicative they may be of the general level of crime in schools

School Security and a Culture of Fear

§Increased security measures in schools, in response to a violent incident or crime generally, are typically reactive responses to perceived disorders and seldom address the underlying crime issues §Increased security measures suggest to students and teachers that they learn and teach in an unsafe environment where students cannot be trusted and must be viewed under constant suspicion §Increased security measures may actually increase the overall fear of violence and decrease student confidence in the school administration's ability to allay their fears with the result that students resort to "alternate" means of addressing those fears, such as carrying weapons or engaging in overt aggression to show "toughness"

Explanations of School Crime and Violence

§Individual Level Explanations §Social control theorists contend that delinquency is the result of a weakening of effective social and cultural constraints, especially through weakened transmission of values through institutions such as the family and the school §Travis Hirschi's "social bonding" theory has been used to attempt to explain why students commit delinquent and violent acts in schools §Because schools are central locations for social bonding, Hirschi's theory proposes that students who lack academic or interpersonal skills are likely to fail in the school environment and, accordingly, to not believe in conventional rules with the result that they do not conform to mainstream behavioral expectations §School Level Explanations §School climate theorists posit that schools have their own characteristic "personalities," just as individuals do §School climate includes such factors as communication patterns, norms about what is appropriate behavior and how rewards and sanctions should be applied, role relationships and role perceptions §Schools with the worst discipline problems tend to have certain characteristics in common: §Rules are unclear, unfair, or inconsistently enforced §Administrators use ambiguous or indirect responses to student behavior (e.g., lowered grades in response to misconduct) §Teachers and administrators either do not know the rules or disagree on responses to student misconduct §Teachers ignore misconduct §Students do not believe in the legitimacy of the rules §Community Level Explanations §Most explanations regarding school delinquency and violence at the community level focus on social disorganization theory: that crime rates vary with the capacity of a community to control the behavior of its members §Community characteristics can affect levels of school violence by weakening effective community controls over the behavior of children who attend school in a specific neighborhood §In high schools, community characteristics generally predict school violence (measured by suspension rates) more strongly than school characteristics §In middle schools, however, characteristics of the school environment, such as teacher-student ratios, tend to explain suspension rates better than community characteristics

Probation innovation

§Intensive supervision §Juvenile intensive probation supervision (JIPS) §Treating juveniles normally sent to secure confinement in the community as part of small, specialized caseload §Goals are decarceration, control, and maintaining community ties and reintegration §Electronic monitoring §House arrest coupled with electronic monitoring is common §Effectiveness is debatable §Seems to be effective only with certain populations §Restorative justice §Nonpunitive strategy that attempts to address issues that produce conflict between parties §Key is restoration rather than retribution or punishment §Balanced probation §Integrates community protection, accountability, competency, and individualized attention to juvenile §Restitution §Can take on several forms: monetary, victim services, and community service, among others §Most research shows it is reasonably effective §Residential community treatment §Residential programs: §Non-secure facilities where juveniles are closely monitored §Group homes: §Non-secure residences that provide counseling, education, job training, and family living §Foster care programs: §Involve placement of juvenile with families §Family group homes: §Combination of foster care and group homes §Rural programs: §Provide recreational activities or work for juveniles in a rural setting, i.e., forestry camp or farm, ranch

Interactions with the Child

§It is important for the juvenile defense attorney to meet with the child client well in advance of the first court hearing it at all possible §Although at the first meeting the attorney will also have questions for the child's parent or guardian if they appear, the majority of the conference should involve the attorney asking the child questions and making sure the child understands the court proceedings §The attorney must not allow the child's parent or guardian to answer questions that have been posed to the child during the interview

McKeiver V. Pennsylvania

§Joseph McKeiver, aged 16, was charged with robbery and larceny when he and a large group of other juveniles took 25 cents from three other youths §At his delinquency hearing, the judge denied McKeiver's attorney's request for a jury trial, and he was adjudicated delinquent §McKeiver's attorney appealed the case to the Pennsylvania Supreme Court, which affirmed the lower court ruling and the U.S. Supreme Court which upheld the lower court rulings that no right to jury trial exists in juvenile proceedings §McKeiver is significant for the fact that the U.S. Supreme Court ruled that juveniles in a juvenile court proceeding are not entitled to receive all of the due process rights that adults receive in a criminal court proceeding §The Supreme Court noted that a jury trial was not available because a jury would not enhance the accuracy of the adjudication process in the juvenile court setting, and that they could adversely affect the informal atmosphere of the non-adversarial juvenile court hearing process

The Role of the Court

§Juvenile/Family courts are specialized courts for children, designed to promote their rehabilitation §Juvenile/Family courts are concerned with acting in "the best interest of the child" and in the best interest of public protection

Juvenile Defense Attorney

§Juveniles have right to counsel at their trials in state juvenile/family court proceedings §As a related aside, there is no jurisdiction in a federal court to try a juvenile for offenses such as incorrigibility, running away, or truancy §Juvenile/family courts must provide counsel to indigent youth who face the possibility of incarceration due to the Supreme Court's 1967 decision In re Gault §The juvenile defense attorney's role is to help resolve jurisdictional problems, determine whether to challenge the prosecutor's decision to file a formal petition, outline the child client's position for the court, explore the possibility of informal resolution opportunities such as diversion programs, represent the child client effectively at trial if a trial is held, and to pursue appeals if warranted §Juvenile defense attorneys may be either retained by the juvenile, or juvenile's family, or be appointed by the court, which typically results in a juvenile public defender being assigned to the child's case §Whether appointed or hired to represent a child charged with a delinquent offense, the juvenile defense attorney has a duty to advocate for the child's expressed interests and to act as the child's voice in the proceedings §The defense attorney does not represent the child's "best interests" based on the attorney's personal perception, or that of the child's family, as to what may be best §Further, although the defense attorney may have been retained, and paid, by the child's parent or guardian, the child is the attorney's client, not the parent or guardian

Criminality and Violence

§Members of youth gangs commit more crime than any other group of youths §Three explanations for association of gang membership and delinquency: §Selection hypothesis §Facilitation hypothesis §Enhancement hypothesis §Gang criminality has numerous patterns §Some gangs specialize in drug dealing; others partake in a wide variety of criminal activity

Hybrid Gangs

§Mixture of racial/ethnic groups §Mixture of symbols and graffiti associated with different gangs §Wearing colors associated with rivals §Less concerned with territory §Members who switch gangs

Juvenile Institutions Today

§Most delinquent juveniles housed in public facilities §Private institutions are relatively small with a specific mission (e.g., treating females with serious emotional problems) §Population trends §Most delinquents housed in public facilities; most status offenders held in private facilities §Juveniles held in custody reached its peak in 2000 and has decreased by 50 percent through 2013. §Physical plans and living areas vary in size and quality

Correctional Treatment for Juveniles

§Most institutions employ some form of treatment program §Purpose of juvenile correctional system is rehabilitation of juvenile offender §The most successful programs provide training to improve interpersonal and behavioral skills §Individual treatment most common §Psychotherapy, reality therapy, and behavior modification §Group treatment: more economical than individual treatment §Guide group interaction (GGI), positive peer culture (PPC), and milieu therapy

Gang Migration

§NYGS has found many jurisdictions experience "gang migration" with some jurisdictions experiencing that more than half of all gang members in their jurisdictional area had come from other areas §The reasons gang members migrate can be grouped into two categories: §Illegitimate reasons, including drug distribution and other illegal activities, recruiting members, and avoiding law enforcement §Legitimate or "social" reasons, including concerns and efforts to improve quality of life, including moves with family for employment and/or educational opportunities §Most gang members migrate for legitimate, or social, reasons (National Youth Gang Survey, 2010)

Juvenile Probation

§Nonpunitive, legal disposition of juveniles emphasizing community treatment with close supervision §Primary form of community treatment used in the juvenile system §Characterized by: §Established set of rules §Treatment in the community §Group counseling §Drug treatment §Others

Schools in Modern Day Society

§Numerous studies confirm that delinquency is intimately connected with academic achievement and the nature and quality of a child's school experience §Because young people spend so much of their time in school, the educational environment has become the primary instrument of socialization for them as they rely increasingly on school friends and peers and have become less reliant on, or interested in, adult role models

Adolescent Peer Relations

§Parents are the primary source of influence in a child's very early years but between the ages of eight and 14, children begin to seek out a stable peer group to which they can belong §The peer groups have a far greater influence over a child's decision making than do parents §Children typically form "cliques," small groups with shared interests or other features in common whose members spend time together and do not readily allow others to join in the group §Research shows that peer group relationships are closely tied to delinquent behavior such that delinquent acts tend to be committed in small groups rather than alone, a concept known as "co-offending" §Acceptance by peers: §Close affiliation with a high-status peer crowd protects against depression and other negative psychological symptoms §Poor peer relations: §Related to high social anxiety §Types of friends: §Controversial status youth Aggressive youths who are either highly liked or intensely disliked by their peers: most likely to engage in antisocial behavior

Commonalities of School Failure

§Personal problems §Dysfunctional family §Psychological abnormalities §Low self control §Social class §Lower-class children are demonstrably more likely to drop out of school §Lower economic status may require students to work part time to help the family financially, which takes away from the time they are able to spend on schoolwork

Police Discretion

§Police officers often exercise significant discretion in dealing with juvenile offenders §Discretion is the selective enforcement of the law by police agents and includes the authority not to make a criminal charge and, in the context of juveniles, not to detain a juvenile §Discretion is influenced by environmental factors, police policy and procedure, situational factors, and, unfortunately, police bias §Research suggests that more than 64% of police contacts with juveniles are handled informally and that only about 13% of the encounters result in the juvenile being taken into custody

Likely Outcomes

§Probation §The majority of children adjudicated delinquent are placed on probation by the court §The length of probation may be for any amount of time up until, typically, the child's eighteenth birthday §When placing a child on probation, the judge will specify what the terms of probation will be, depending on the unique circumstances of the child §The terms of juvenile probation may include requirements such as regular school attendance, random drug testing, restitution, community service, electronic monitoring, curfews, participation in a community program, individual or group counseling, and in- or out-patient treatment §Commitment §The court may determine that it is necessary to remove a child from the community and may commit the child to the custody of a juvenile services agency for placement at one of its institutions §Before committing a child to the juvenile services agency, the court must order the child to undergo an evaluation unless the child has been previously evaluated by the juvenile services agency and the evaluation is available to the court

Asian Gangs

§Prominent in New York, Los Angeles, San Francisco, Seattle, and Houston §Tiny Rascal Gangsters is the largest and most violent Asian gang in the U.S. §Regional gangs also operate on the west coast §Unique because they do not share qualities with other ethnically-based groups §Victimize members of their own ethnic group More organized than other gangs, have recognizable leaders, more secretive, less territorial, and less openly visible

Juvenile Policing in America

§Providing specialized police services for juveniles is a relatively recent phenomenon in the U.S. §Police juvenile aid bureaus were first organized in California in the 1930s by August Vollmer, the Chief of Police in Berkeley, California §Today, most modern police agencies have specialized units or officers who work exclusively with juveniles §Officers working with juveniles usually have skills and talents that go beyond those associated with regular police work and are sent to specialized training to prepare them for understanding juvenile offenders §Aptitude and a desire to work with juveniles are essential for a juvenile officer due to the fact that conflict may occur between the officer's desire to perform primary law enforcement duties and the need to aid in the rehabilitation of youthful offenders §Juvenile officers must always consider what is in the "best interests of the child" in making decisions related to taking a child into custody, proceeding to petition a child before the juvenile court, and, generally, how their actions will influence the future well-being of the child §Officers assigned to work with juveniles are typically appointed to those positions after first gaining general patrol experience in the community, not immediately upon becoming a member of the department

The Intake Process

§Regardless of whether the child has been taken into custody and detained or simply petitioned before the juvenile/family court, the child will go through a screening process called "intake" §The purpose of intake is to independently assess the circumstances and needs of the child before the case goes before the court and the process is typically conducted by a juvenile services caseworker §The caseworker will attempt to identify appropriate services that might be available for the child and, often, the child's family §The information gathered at intake, along with the child's school records, past involvement in the juvenile justice system, and other available information, will be used by the caseworker to make recommendations to the juvenile prosecutor and to the court

School shooters and Rejection

§Rejection is clearly indicated in the cases of the majority of school shooters, many of whom had been subject to a pattern of malicious teasing or bullying, or both, and suffered ongoing ostracism that left them on the periphery of their school's social life §While rejection was implicated in most of the school shooting episodes, many of the shooters were also characterized by other risk factors as well, such as psychological problems, an overwhelming interest in guns and explosives, and a fascination with death "If the kinds of aversive treatment endured by many of the school shooters were targeted at a particular group, such mistreatment of other students would not be tolerated by teachers and school authorities, but because it is aimed rather indiscriminately (primarily at students who are powerless and unpopular), such antisocial behavior at school is typically ignored."

Delinquency in Schools

§Research clearly shows that both juvenile victimization and delinquency peak during school hours, whereas substance use by youth tends to peak over weekends when students are away from school §Research also shows that approximately 40% of robberies and 36% of assaults against teenagers occur in school, although teenagers only spend 25% of their time in school

Peers and Delinquency

§Research routinely shows that peer group relationships are closely tied to delinquent behavior in youths §Co-offending §Co-offending means that delinquent acts tend to be committed in small groups of youths rather than by individual youths §Research also routinely shows that adolescents who maintain relationships with delinquent friends are significantly more likely to engage in antisocial behavior and drug use

Conditions of Probation

§Rules and regulations mandating that a juvenile on probation behave in a particular way: §Restitution or reparation §Intensive supervision and/ore counseling §Participation in a therapeutic program and/or educational or vocational training program §Lead law-abiding lives §Maintain a residence in a family setting §Refrain from associating with certain types of people §Remain in a particular area unless given permission to leave §The Supreme Court ruled that a juvenile is normally entitled to legal representation and a hearing if cited for a probation violation

SC Criminal Gang Protection Act

§SC Code section 16‑8‑230. As used in this article: §... (2) "Criminal gang" means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity...

In Re Winship (1967)

§Samuel Winship, aged 12, was accused of stealing money from a woman's purse in a store. A store employee stated that Samuel was seen running from the store just before the money was reported missing, but others in the store disputed that account, noting that the employee was not in a position to see the money actually being taken §At the juvenile court hearing, the judge agreed with Winship's attorney that there was "reasonable doubt" of Samuel's guilt, but that New York juvenile courts operated under the lesser civil law standard of "preponderance of evidence" §Winship was adjudicated delinquent, based on the lesser "preponderance of evidence" standard and committed to a New York training school §His attorney appealed on the issue of the standard of evidence required in a juvenile court proceeding and the U.S. Supreme Court ruled that the standard of evidence for adjudication of delinquency, just like the standard for a finding of "guilty" in a criminal court, must be "proof beyond reasonable doubt"

Rejection and Ostracism

§School rejection tends to occur in one of three forms: teasing, ostracism or romantic rejection §Disliked and unpopular students may be bullied, taunted and maliciously teased thereby receiving a clear message that they are not liked, valued or accepted §Rejection typically occurs in the presence of others, thus providing an element of public humiliation, which may provide an even greater sense of ostracism because it occurs in front of peers §Empirical and anecdotal evidence supports the idea that the various forms of rejection cause anger that may lead to aggressive behavior in the targeted student

Gang Types

§Social gang §Some minor drug and alcohol use; focus is predominantly on social activities §Party gang §Focus is primarily on drug use and sales, but not other delinquent activities §Serious delinquent gang §Focus is almost exclusively on serious delinquent activity, but not drug dealing or usage §Organized gang §Heavy involvement in serious delinquent behavior and violence and may have adult membership overlap

Responses to the bullying Problem

§Some state legislatures have mandated that schools adopt anti-bullying policies or bullying prevention plans §School administrators and parents must adhere to the mandates, often announced with a short implementation time frame, and create anti-bullying policies and design, implement, and evaluate bully prevention programs §BULLYING. Bullying is defined as a gesture, electronic communication, or a written, verbal, physical or sexual act that is reasonably perceived to have the effect of: §1) harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear or personal harm or property damage: or §2) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with the orderly operation of school. Bullying may also be referred to as harassment or intimidation. §After the shootings at Columbine High School in 1999, where Dylan Klebold and Eric Harris were said to have targeted classmates who bullied them, the Secret Service initiated an investigation into school violence §Their report, released in 2002, found that in 37 school shootings since 1974, more than two-thirds of the attackers had previously said, prior to the shooting episode, that they felt "persecuted, bullied, threatened, attacked, or injured"

Restrictions on Detention

§States impose many restrictions on the detention of a suspected juvenile offender §For example, in South Carolina: §A child may not be transported to a detention facility in a vehicle which also contains adults under arrest §Children ten years of age or younger may never be incarcerated in a detention facility §Children aged eleven and twelve years of age who are taken into custody for violating a criminal offense may only be incarcerated in a detention facility by order of the family court

New Jersey V. TLO

§T.L.O. was a high school student. School officials searched her purse without a warrant or consent suspecting she had been smoking cigarettes on school property §The officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed T.L.O. money §T.L.O. was ultimately charged with possession of marijuana §The U.S. Supreme Court held that while the Fourth Amendment's prohibition on unreasonable searches and seizures applies to public school officials, those officials may conduct reasonable warrantless searches of students under their authority where necessary to address the school's interest in maintaining order and discipline

The Rule of Law

§The "Rule of Law" stands for the proposition that all members of a society are considered equally subject to its codes and processes §Compliance with the rule of law with regards to juveniles ensures that they enjoy significant constitutional protections, although not all protections enjoyed by an adult in a criminal case have been deemed by the U.S. Supreme Court to be applicable to children

School Special Needs Services

§The "special needs" exception to the warrant requirement created by the U.S. Supreme Court was deemed necessary to address searches by non-law enforcement government actors, such as school officials §The doctrine allows the government official to search without a warrant when the official can demonstrate that: §(1) It is impracticable to obtain a warrant; §(2) The governmental interest outweighs the intrusion; and §(3) The immediate objective of the search is one other than to generate evidence for law enforcement purposes, such as to maintain order

Treatment

§The Intensive Aftercare Program (IAP) Model §Balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to community §What did the assessments of state IAP programs indicate about the effectiveness of their programs? §What is the importance of reducing the number of supervision contacts with the juvenile offender toward the end of the aftercare program?

National Youth Gang Survey

§The National Youth Gang Survey (NGYS) has noted the extent and location of contemporary gang activity as follows: §A significant majority of urban areas report the presence of gangs, and gangs exist in all level of the social strata §Disorganized or "transitional neighborhoods" are especially conducive to the formation and support of youth gangs §While youth gangs are disproportionately located in urban areas, thousands of gangs can also be found in small cities, suburban counties, and even rural areas

Schall v. Martin

§The Plaintiffs, Gregory Martin and two other youths, Rosario and Morgan, challenged the constitutionality of New York's Family Court Act as it pertained to the preventive detention of juveniles §Martin, a 14 year old, was taken into custody and charged with first-degree robbery, second-degree assault, and criminal possession of a weapon based on an incident in which he and the two other youths, allegedly hit another youth on the head with a loaded gun and stole his jacket and sneakers § A petition of delinquency was filed against Martin and he appeared, with his grandmother, at the initial appearance in family court §The Family Court Judge, citing Martin's possession of a loaded weapon, the false address given to the police, and the lateness of the hour at which the offense was alleged to have occurred, as evidencing a lack of supervision, ordered Martin detained pending his probable cause and fact finding hearings §Between his initial appearance and the completion of the fact-finding hearing, Martin was held in detention for a total of 15 days §Martin initiated a habeas corpus class action on behalf of himself and "those persons who are, or during the pendency of this action will be, preventively detained" pursuant to the preventive detention provisions of the New York Family Court Act §Martin and the members of the class alleged that the New York law was too vague and that juveniles were denied due process §A federal district court struck down the statute and its decision was affirmed by the U.S. Court of Appeals §The U.S. Supreme Court reversed the lower courts, holding that the preventive detention of juveniles to protect against future crimes is a legitimate state action and does not violate their due process rights §The Supreme Court noted that a juvenile's interest in freedom from institutional restraints, even for a brief time, is substantial but noted further that juveniles, unlike adults, are always in some form of "custody" §The Court noted that "[c]hildren, by definition, are not assumed to have the capacity to take care of themselves. They are assumed to be subject to the control of their parents, and if parental control falters, the State must play its part as parens patriae"

Attorney Client Privilege

§The attorney client privilege prevents the disclosure of confidential communications of a client by an attorney against the client's interest §The privilege's elements may be broadly stated as follows: §The person asserting the privilege is a client of the person to whom the communication was made; and §The person to whom the communication was made is an attorney or a subordinate of the attorney, and in connection with the communication, the person receiving the communication is acting as an attorney or subordinate of the attorney; and §The communication is initiated for the purpose of securing the legal advice of the attorney §The U.S. Supreme Court has noted that the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation §An important factor to keep in mind, however, especially with regards to juvenile proceedings, is that attorney client privileged communications must only occur between the client and the attorney and not in the presence of others who do not hold the privilege, such as the parents of the juvenile or a juvenile social worker; a factor that can sometimes complicate the attorney's representation §Thus, the juvenile defense attorney must be especially careful in selecting the context or setting in which strategy of the case can be discussed with the juvenile client §The defense attorney must clarify the attorney-client relationship both for the child and any parent or guardian who attends the initial meeting with the child client §Because the defense attorney represents the child, not the parent or guardian, the attorney must emphasize to the attendees of the initial conference that information related to the child's representation cannot be disclosed and that because the attorney-client privilege does not extend to the parent or guardian, the facts of the case must always be discussed with the child in private, in order to preserve the privilege

In Re Gault (1967)

§The case that effectively started a revolution related to juvenile due process rights was decided by the U.S. Supreme Court, one year after the Kent case, in 1967 §Gerald Gault, aged 15, was on probation for a minor property offense when he and a friend made what were described as obscene comments in a telephone call to a female neighbor §Gault was picked up by police and held in a detention facility until his parents were notified the next day §The victim was not present at Gerald's hearing, Gault was not represented by counsel at the hearing, and no evidence was presented regarding the charge, but Gerald was, nonetheless, adjudicated delinquent and committed to a training school §An attorney retained subsequently by Gerald's parents filed a petition for a writ of habeas corpus that was denied by the Arizona Supreme Court, but the denial was appealed to the U.S. Supreme Court §The Supreme Court found that Gerald's constitutional due process rights had been violated; holding that in any hearing that could result in commitment to an institution, juveniles have the right to notice of the charges, the right to counsel, the right to question witnesses, and the right to protection against self-incrimination §In Gault, the court held that four major protections applied to juveniles in all delinquency proceedings: §The juvenile is entitled to timely and complete notice of the charges, and notice at the time of the first hearing is not considered timely; §The juvenile whom the state may commit to an institution is entitled to the assistance of counsel, and the state must provide counsel for indigent juveniles; §The juvenile is entitled to a warning that he need not answer questions; and §The juvenile is entitled to confront and cross-examine witnesses

The Bullying Concept

§The concept of bullying originated in Norway and was first referred to as "mobbing" §Bullying was originally defined as "an individual or a group of individuals harassing, teasing, or pestering another person" §Bullying in schools became a highly significant topic of interest in the U.S. in the 1990s, primarily due to concerns over increasing violence in schools, particularly school shootings

Petition or Custody

§The delinquency determination process begins with a child either a) being petitioned before the juvenile/family court, or b) being taken into custody by a law enforcement officer §Although any person who believes that a child has committed a criminal or status offense may initiate a family court proceeding by filing a petition, in most cases a law enforcement officer will prepare the petition and file it with the court §After the petition is filed, the child and the child's parents or guardian are notified of the charges against the child §The juvenile/family court will then set a date and time for an "adjudicatory hearing" at which the judge will make a determination as to whether the child has committed the offense(s) on which petitioned §A child may also be taken into custody by law enforcement and brought before the court to address allegations that the child has committed a delinquent act §The taking of the child into custody is the equivalent of an adult's arrest and while in custody, the child has the same rights as an adult as far as police interrogation and the Fifth Amendment privilege against self-incrimination are concerned

Recognizing the Problem

§The few studies that have been conducted in the U.S. suggest that bullying is a common occurrence §The interest in examining the occurrence and dynamics of bullying was spurred by the U.S. Secret Service's 2002 findings that 71% of school shooters since 1974 had been targets of bullies §"[T]he experience of being bullied seemed to have a significant impact on the attacker and appeared to have been a factor in his decision to mount an attack at the school."

Dispositional Hearings

§The final phase of the court process in a delinquency case is the "dispositional hearing" §At this hearing, the judge determines the type of sentence a child who has been adjudicated delinquent will receive §While the purpose of the adjudicatory hearing is to determine whether the child is "guilty" or "not guilty," the purpose of the dispositional hearing is to determine what sentence is most appropriate for the child, taking into consideration the child's best interest and the protection of the community

Sentencing

§The judge's sentence is designed to both hold the child accountable for the child's delinquent actions and to attempt to prevent future violations of the law by the child §At the dispositional hearing, the judge will generally decide between a probationary sentence and a commitment of the child to the care and control of a juvenile justice agency §In setting a sentence, the judge will take into account the child's evaluation reports, the seriousness of the offense(s), school records, the child's behavior at home, and the child's prior court history

The Juvenile Prosecutor

§The juvenile prosecutor is the government attorney who represents the interest of the State in bringing the delinquency action against the accused juvenile §Typically, the juvenile prosecutor is an assistant to the local district attorney and is assigned the specific role of prosecuting juvenile cases within the office

Juvenile / family court judge

§The juvenile/family court judge is the central focus of delinquency proceedings §Although the judge exercises considerable power in delinquency actions, the judge's role must always be guided by the "best interest of the child" in making decisions §The judge's role is also strongly influenced by the doctrine of parens patriae because the court's actions are premised upon the fact that the State's intervention in the life of the child was required as a matter of policy §As discussed in an earlier class, the doctrine of parens patriae (Latin for "parent of the nation") refers to the public policy power of the State to act as the protector of any child or other individual who is in need of protection

Policing Juveniles

§The majority of states' laws relating to custody or arrest of juveniles are similar to the laws affecting adults §Police, however, have much broader latitude and discretion to control youthful offenders as intervention may be required for either status offenses or for delinquent crime and thus, juvenile officers may act often act in loco parentis (i.e. in the place of a parent) instead of simply enforcing the criminal law

The Petition

§The petition is the formal complaint that initiates judicial action against a juvenile charged with an act of delinquency §If a child was not petitioned originally (i.e. was taken directly into custody), a petition will not issue until such time as the juvenile prosecutor determines the child should be prosecuted in juvenile/family court §If the prosecutor determines that the case should be referred to a diversion program, it is not necessary to file a juvenile petition

Waiver Hearing

§The purpose of the waiver hearing is to determine whether waiver is in the child's and the public's best interest §A child who is being considered for waiver will typically undergo a pre-waiver evaluation prior to the hearing with the results of the evaluation being compiled into a "waiver evaluation report" that is presented to the judge at the waiver hearing to assist the court in deciding whether or not to waive the child

School Factors Affecting Bullying

§The social climate of a school influences student engagement in, or mitigation of, aggressive behaviors §Teachers may inadvertently foster bullying by failing to either promote respectful interactions among students or speak out against teasing and other behaviors consistent with bullying §Some research indicates that teachers: §tend to report lower rates of bullying than do students; §do not always correctly identify bullies; and §typically do not feel confident in their abilities to deal with bullying

How the Process Works

§There are a multitude of processes and decisions that are tied to the process of a delinquency hearing before the juvenile/family court §Following is a generalized step by step discussion of that process and the decisions that must be made at each stage

Dropping Out

§There are many reasons that students consider as justifying the decision to drop out of school §Failed courses §Disappointing grade point average §Excessive absences §Feeling pushed out §Poverty and family dysfunction also significantly increase the likelihood that a child will drop out of school §Students who show disinterest in school are more prone to dropping out than students who express interest in their academic progress §The effects of dropping out on delinquency are not altogether clear although some researchers assert that dropping out significantly increases the likelihood of delinquency while other researchers insist that there is no established, or clear, correlation between dropping out and delinquent behavior §Minority students tend to drop out at higher rates than non-minority students §According to some research, the relatively high dropout rate among minorities appears to be a legacy of disciplinary policies which emanated from a time when educational administrators opposed school desegregation §Thus, some researchers see dropping out as possibly a function of inequality of educational opportunities rather than the failure of individual students

The School Failure: Delinquency Connection

§There are three independent views regarding the association between school failure and delinquency: §School failure is a direct cause of delinquent behavior §School failure leads to emotional and psychological problems that are the cause of delinquent behavior §School failure and delinquency appear to share two commonalities: offender personal problems and social class

The Gang Problem

§There is no standardized definition of "gang" in the US and the definitions that do exist vary according to the interests of the observer §The media, the public, and community agencies use the term "gang" more loosely than law enforcement §The public's definition of a gang describes a group of individuals- mostly inner-city youth- who are highly organized, heavily involved in the drug trade, and very dangerous §Law enforcement officials tend to rely on legal parameters to define what constitutes a gang §Los Angeles Police Department §Section 186.22(f), California Street Terrorism Enforcement and Prevention Act §As used in this chapter, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. §Chicago Police Department §Section 10, Illinois Streetgang Terrorism Omnibus Prevention Act §"Streetgang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.

The Institutionalized Juvenile

§Typical resident in juvenile facility: §15 or 16 years of age §European American §Male §Most incarcerated are person, property, or drug offenders §Minority youth more likely to be incarcerated as punishment for their offenses §7 in 10 juveniles in custody belong to racial or ethnic minorities §Seven out of every 8 incarcerated juveniles are male §Number of female offenders has increased by 57 percent §Girls are more likely to be incarcerated for status offenses §Institutions for girls are more restrictive than those for boys, and do a less-than-adequate job of rehabilitation §Over the years, the number of females held in public institutions has declined, but girls tend to be incarcerated longer §Female offenders have higher rates of mental health problems, and are typically isolated in rural areas

Duties of Juvenile Probation Officers

§Typically involved at four stages of juvenile process: §Intake §Screen complaints and make case decisions: refer the child to agency for service or to the court for judicial action §Predisposition §Participate in release or detention decisions §Typically involved at four stages of juvenile process: §Postadjudication §Assist the court in reaching a dispositional decision §Prepare predispositional reports containing pertinent, comprehensive information regarding the juvenile §Post disposition §Supervise juveniles placed on probation §Provide supervision and treatment in the community §Provide extensive counseling to the child and family §Refer to social service agencies

Waiver of Jurisdiction

§Under certain circumstances, a juvenile who is alleged to have committed a serious offense may be "waived" to adult criminal court §State law will dictate when a child is eligible to be waived to adult court, based on the age of the child and the type of offense the child is alleged to have committed §Prior to waiving a child to adult court, the juvenile/family court must determine that it is in the child's or the public's best interest to waive the case up to criminal court

The Gal in Delinquency Actions

§Under very limited circumstances, a guardian ad litem, usually simply referred to as a GAL, may be appointed for a child in a juvenile delinquency proceeding §In South Carolina, for example, an appointment of a GAL occurs when either: §The child's parents do not appear at a detention hearing; §The child's parent is the victim; §The parent cannot be found or willfully fails to come to court; §The parent does not seem to be concerned with the child's best interests; or §The parent cannot understand the proceedings because of mental incapacity

Limitations on the Privilege

§When an attorney is not acting as an attorney but, instead, is acting in a non-legal role, the privilege generally does not apply §If the client's communication was made to the attorney in the presence of persons who were not clients, or was disclosed to such individuals, the privilege is forever waived and no longer applies §If the communication between an attorney and client is for the purpose of facilitating the commission a crime, tort, or fraud, the privilege will, likewise, not apply

Female Gangs

§Why do girls join gangs? §Financial opportunity §Identity and social status §Peer pressure §Escape turbulent family lives §Protection