Juvenile Justice Midterm
In class, we listed a series of adverse effects of detention center in the U.S., based on research. Which of the following was **NOT** one of them?
Food Deprivation
If a juvenile is referred to a "diversion program" s/he is...
Not petitioned in the juvenile court
T 0r F: Juveniles have the right to cross-examine witnesses who appear in court.
True
T or F: Juveniles have the right to compel witnesses to appear in court.
True
T or F: Most of detained juveniles are not charged with a violent offense.
True
T or F: Today, juveniles in the U.S. have the right to the assistance of counsel when charged with a serious offense.
True
Miranda Warning
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
Loco Parentis
Court takes guardianship "In the place of the parent"
In the past 25 years, are arrests of juveniles declining or increasing?
Declining They are lower than they used to be
Imbalance Hypothesis
Deficiencies of neurotransmitters (dopamine, serotonin) Fully developed limbic system Hyperactive reward system Immature executive functioning
T or F: Broadly speaking, juveniles have the same rights today in the U.S. as they had in 1850.
False
T or F: It is against the federal law to detain children who are less than 14 years old.
False
Stability of Offending
"Criminal Propensity" Adolescence-Limited: normalizes after 17-19 where juvenile only commits crime early in life. Lifecourse Persistent Offending: continues to commit crimes throughout later years of life
What is ACLU's advice to juveniles?
"DO NOT TALK TO THE POLICE!"
Risk Factor: Mother's Age
#1 PREDICTOR FOR CRIMINALITY Negative correlation between mother's age and juvenile delinquency
Which rights do juveniles currently enjoy?
-Right to the assistance of counsel when charged with a serious offense -Right to compel witness to appear in court -Right to cross-examine witnesses who appear in court
Approximately how many juveniles are living in detention centers around the U.S. on any given day?
15,000
When was the death penalty for juvenile offenders eliminated in the United States?
2005
In the U.S., approximately what percentage of juveniles who are taken into custody are placed in a detention center?
22%
What percent of the population consists of chronic offenders?
5-7% of the population
Cause vs. Correlation
A caused B vs. Relationship between A and B that could be associated
What is a detention center?
A secure facility for housing juveniles who are waiting for adjudication or disposition hearings
According to the text, a child may be taken into custody for which of the following reasons?
A. She is suffering from an illness or injury B. He is in danger C. There is reasonable grounds to believe that the child has run away from home D. All of the above Answer: D
After the JDB v. North Carolina ruling, police are required to do which of the following?
Consider the "totality of circumstances" in determining when to remind a juvenile of his or her rights.
What are the adverse effects of detention listed in class?
Cost Exposure to danger Separation from family Interruption of education Recidivism Negative impact on mental well-being Congregating delinquent youth together
"Age of original juvenile court jurisdiction"
Age determines if you are filed as a child or adult Usually 17 and younger for juveniles (Ages vary)
OJJDP 10 strategies to improve law enforcement interactions with youth (RECOGNIZE)
Approach youth with calm demeanor Establish rapport Be patient Model respect Use age-appropriate language Show that you are paying attention Take caution with nonverbal communication Model and praise calm confidence Empower them through choices Serve as a positive adult role model
What percent of crime do chronic offenders commit?
Approximately 50% of all crime
What does the course text book say about bail in the juvenile justice system?
Bail is controversial; some states use it in the juvenile justice system and some states do not
What is the #1 factor of juvenile delinquency?
Behavioral Regulation
5th Amendment
Can not receive double jeopardy "Privilege against self-incrimination"--no need to talk/silence is key
Where was the first juvenile court established? When?
Chicago in 1899
Labeling Theory
Congregate with criminals make them see themselves as criminals Increased chance to commit crime
Child Effects
Direct: Influence behavior Indirect: Influence treatment received by others
U.N. Convention on the Rights of the Child (1990)
Eliminates: -Death penalty for juveniles -Life without the possibility of parole US alone refused to sign document
Limbic System
Emotional Brain emotion, memory, anger, fear, reactivity, learning, regulate sleep and alertness, stress sensitive
Average Expectable Environment
Environment that provides children with basic needs for affection and discipline
Prefrontal Cortex processing
Executive Functioning Frontal lobes, Cerebrum Top-down processing: general to the specific; big picture to the tiny details
Interrogating Policy: Competing Goals
Get the confession Protect the rights of the defendant Protect public safety These is "Conflict of Interest"
Risk Factor: Lax Parenting/Lack of Supervision/Authoritarian Parenting
Higher risk of juvenile criminality
Risk Factor: Parent Criminality
Higher risk of juvenile criminality Know their parents are committing crimes so they learn that.
Goals of Adolescent Development
Identity Formation Labeling Theory: Persists delinquency may be caused by labeling by others taken on as their identity Romance Partnerships Time Management Acquiring Capital: Financial, Human, & Social
Police are required to inform juveniles of their "Miranda" rights...
If they take a juvenile into custody
Which of the following is widely considered to be the most important and influential U.S. Supreme Court cases regarding juvenile rights?
In re Gault
Which of the following gave JUVENILES the right to confront witnesses in court?
In re Gault Supreme Court decision
Where do we find this phrase? ". . . the accused shall enjoy the right to a speedy and public trial"
In the 6th Amendment to the Constitution
How many more times likely are juveniles to provide a false confession compared to adults?
Juveniles are 3x as likely to provide a false confession
JDB v. North Carolina (2011)
Juveniles are entitled to Miranda warnings Must notify parents once in custody and the juvenile's rights
An 1838 Supreme Court case determined that...
Juveniles do not have the same rights as adults
In Kent v. the United States (1966), the Supreme Court ruled that...
Juveniles facing a waiver to adult court are entitled to due process
Which theory would definitively predict that putting first-time offenders in detention centers will likely cause recidivism?
Labeling Theory
Subcortical Processing
Limbic System -emotions -fear -rewards, sensation-seeking -social response
What is the accelerator/brake analogy?
Limbic system as an accelerator propelling a car along the highway, and the prefrontal cortex as the car's steering wheel and brakes. Because of the gap in the timing of the development of these two systems, adolescence is a time when the accelerator is being pushed down to the floor while the brakes have yet to be fully installed.
Pre-Adjudication Juvenile Detention
Locked Custody Detention hearing to be held within 1-2 days
Risk Factor: School Factors
Low academic achievement Low school attachment School Problems Low school attainment
Risk Factor: Parents Education
Low parent education
Gerald Gault was originally sentenced to training school for the remainder of his minority because the court believed that he had
Made an obscene phone call
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
White Matter
Myelinated axons Myelin is intimately involved in the fine-tuning of this timing, which encodes the basis for thought, consciousness and meaning in the brain. As a result of myelination, the amount of white matter in the brain increases in a linear fashion throughout adolescence.
According to the text, on the whole, the Uniform Juvenile Court Act favors . . .
NOT placing juveniles in detention or shelter care unless certain criteria are met
Gray Matter
Neurons During adolescence, the brain may lose 1 percent of its gray matter every year yet maintain the same volume because of a corresponding increase in the amount of white matter.
Do juveniles have the right to a jury trial?
No
Do juveniles have the right to a public trial?
No
What are the concerns about use of detention?
Non-serious cases Age of detainees Length of stay Racial disparity Adverse Effects:
Doctrine of Parens Patriae
Parents over the nation Government takes role of parent and responsibility
Which of the following is one of the agreements made at the UN Convention on the Rights of the Child, signed in 1990?
Persons who committed a crime prior to age 18 shall not receive a sentence of life imprisonment without the possibility of release.
Prefrontal Cortex Responsibilities
Planning Making decisions Setting priorities Forming strategies Inhibiting impulses and inappropriate behavior
Three Categories of Juvenile Detention
Pre-Adjudication cases Probation/Parole violators Post-Adjudication, waiting for disposition (sentence)
What is the importance of attachment?
Primary caregiver attachment early in life is important for success.
What are the rules police have to follow when they take a juvenile into custody?
Reasonable attempt to contact parents Read Miranda to child and parents
Characteristics of Normal Adolescents
Self centered Immature knowledge base Status seeking Focused on peers Emotions felt more strongly; regulation less mature Brain development--frontal cortex, top-down processing Impulsivity Peer presence
Behavioral Regulation
Sensory inputs Limbic system activation Executive control (prefrontal cortex)
Juvenile Justice System
Separate from the "criminal justice system" Lower limit, petitions of delinquency
"Bidirectional"?
Sequential-- Acquiring delinquent friends leads to delinquency, which increases the subsequent probability of acquiring still more delinquent friends
Risk Factor: Harsh, Abusive Parenting
Sexual abuse can lead to violent criminality Most do not become offenders
How does Warr characterize human nature?
Social aspect of crime 1. Criminal behavior is primarily committed by young people; young people rarely commit crimes without companions 2. Among the strongest predictors of delinquent behavior known to criminologists is the number of delinquent friends an individual has
Social Control Theory
Social bonds Lose their parents, friends, school, & teachers
Rational Choice Theory
Stick kid into detention to "learn their lesson" Deterrence
In re Gault
Supreme Court ruled that juveniles have constitutional rights in hearings that could result in commitment to an institution Right to: -be notified of charges -Legal counsel -Cross-examination witnesses -Privilege against self-incrimination" **THE MOST IMPORTANT SUPREME COURT CASE IN THE JUVENILE JUSTICE SYSTEM**
"Pre-adjudication" confinement is used for . . .
Suspected juvenile offenders awaiting an adjudication hearing
What does the author conclude about testosterone?
Testosterone has more to do with the search for and maintenance of social status, which may result in aggression.
In the adult system we hold suspects in "jail" to await their trials. In cases where the suspect is a juvenile:
The facilities are called "detention centers"
In the past 10 years, has the number of juveniles in detention has been declining or increasing?
The number of juveniles in detention has been declining.
Age-crime curve
The relationship between chronological age and offending, showing that the prevalence of offending peaks in late adolescence Most juveniles will not reoffend later Changes age 13-14 Changes age 18-19
After the in re Winship decision, what changed?
The standard of evidence is now "beyond a reasonable doubt" for juveniles to be adjudicated delinquent (found guilty)
Risk Factor: Family Structure
Those in large families are more likely to commit crimes
