cj 240 final
House of Refuge
House of refuge:care facility developed by the child savers to p[rotect potential criminal youth by taking them off the street and providing a family like environment • Prominent Quakers and influential political leaders: Cadwallader Colden and Stephen Allen founders of the Society for the Prevention of Pauperism. • First - New York City • Boys 6 • Girls 3
Comprehensive Juvenile Justice Strategy
Comprehensive Juvenile Justice Strategy • Focuses on delinquency prevention and expanding options for handling juvenile offenders • Benefits: increased prevention of delinquency enhanced responsiveness from the juvenile justice system greater accountability on the part of the youth decreased costs of juvenile corrections more responsible juvenile justice system more effective juvenile justice programs less delinquency fewer delinquents become serious offenders fewer delinquents become adult offenders
pledge system
Early English system in which neighbors protected each other from thieves and warring groups.
residential programs
Placement of a juvenile offender in a residential, nonsecure facility such as a group home, foster home, family group home, or rural home where the juvenile can be closely monitored and develop close relationships with staff.
balanced probation
Programs that integrate community protection, accountability of the juvenile offender, competency, and individualized attention to the juvenile offender; based on the principle that juvenile offenders must accept responsibility for their behavior.
in re winship
Proof beyond a reasonable doubt is necessary for conviction in juvenile proceedings.
Custodial Interrogation
Questions posed by the police to a suspect held in custody in the prejudicial stage of the juvenile justice process. Juveniles have the same rights as adults against self-incrimination when being questioned.
Society for the Prevention of Cruelty to Children
Society for the Prevention of Cruelty to Children: establishes in 1874, protected children subjectively to cruelty and neglect at home or at school. • 1974: • 1890 : society controlled the intake and disposition of an annua avergae of 15,000 poor and neglected children • 1900 : 300 societies in the United States
rural programs
Specific recreational and work opportunities provided for juveniles in a rural setting, such as a forestry camp, a farm, or a ranch
plea bargaining
The exchange of prosecutorial and judicial concessions for a guilty plea by the accused; plea bargaining usually results in a reduced charge or a more lenient sentence.
aftercare
Transitional assistance to juveniles equivalent to adult parole to help youths adjust to community life.
intensive aftercare program
a balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to the community
family group homes
a combination of foster care and a group home in which a juvenile is placed in a private group home run by a single family rather than by professional staff
guardian ad litem
a court appointed attorney who protects the interest of the child in cases involving the childs warfare.
consent decree
a court order authorizing disposition of a case without a formal label in delinquency
shelter care
a place for temporary care of children of physical unrestricting facilities
mandatory sentence
a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria
determinate sentence
a sentence that fixes the term of imprisonment at a specific period
house arrest
a sentence which requires an offender to stay at home except for certain functions the court permits
indeterminate sentence
a sentence with a fixed minimum and maximum term of incarceration, rather than a set period
behavior modification
a technique for shaping desired behaviors through a system of rewards and punishments
broken windows policing
drawing on the broken windows theory by Wilson and Kelling, police target disorderly behaviors and conditions in an effort to prevent the onset of more serious crime problems
individualized treatment model
each sentence must be tailored to the individual needs of the child
procedural justice
evaluation of the fairness of the manner in which an offenders problem or dispute was handled by police
Reality Therapy
form of counseling that emphasizes current behavior and requires the individual to accept responsibility for all of his or her actions
discretion
good judgement
juvenile prosecutor
government attorney responsible for representing the interests of the state and bringing the case against accused juveniles.
diversion
halting or suspending of a formal criminal or juvenile justice proceeding at any legally prescribed processing point after a recorded justice syste entry, and referral of that person to a treatment or care program or a recommendation that the person be released
Psychotherapy
highly structured counseling in which a skilled therapist helps a juvenile solve conflicts and make a more positive adjustment to society
cottage system
housing juveniles in a compound containing a series of cottages, each of which accommodates 20 to 40 children and is run by a set of cottage parents who create a homelike atmosphere
juvenile court judge
judge elected to preside over juvenile cases and whos decisions can be reviewed by a judge over a higher court
writ of habeas corpus
judicial order requesting that a person detaining another person produce the body of the prisoner and give reasons for his or her capture or detention
monetary restitution
juvenile offenders compensate crime victims for out of pocket losses caused by the crime
nonresidential programs
juveniles remain in their own homes but receive counseling, education, employment, diagnostic, and casework services through an intensive support system
preventive detention
keeping the accused in custody prior to trial because the accused is suspected of being a danger in the community
problem-oriented policing
law enforcement that focuses on addressing the problems underlying incidents of juvenile delinquency rather than the incidents only
final order
order that ends litigation between two parties by determining all their rights and disposing of all the issues
group home
structured residencies that provide counseling, education, job training etc.
Miranda Warning
supreme court decisions require police to inform individuals of their constitutional rights when under arrest
arrest
taking a person into custody
detention
temporary care of a child alleged to be delinquent who requires secure custody in physically restricting facilities pending court disposition or execution of a court order
community service restitution
the juvenile offender is required to assist some worthwhile community organization for a period of time
victim service restitution
the juvenile offender is required to provide some service directly to the crime victim
search and seizure
the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment
conditions of probation
the rules and regulations mandating that a juvenile on probation behave in a particular way
Ralston v. Robinson
case placed limits on the right to treatment for juvenile offenders
least detrimental alternative
choice of a program for the child that will best foster the child's growth and development
least restrictive alternative
choosing a program with the least restrictive or secure setting that will best benefit the child
Comprehensive Juvenile Justice Strategy
components: prevention in early childhood, intervention for at risk teenage youths, graduated sanctions to hold juvenile offenders accountable for crimes, proper utilization of detention and confinement, placement of serious juvenile offenders in adult courts
role conflicts
conflicts that police officers face that revolve around the requirement to perform their primary duty of law enforcement and a desire to aid in rehabilitating youthful offenders
positive peer culture (PPC)
counseling program in which peer leaders encourage other group members to modify their behavior and peers help reinforce acceptable behaviors
group therapy
counseling several individuals together in a group session, individuals can gain support from other group members with similar problems
Illinois Juvenile Court Act of 1899
Illinois Juvenile Court Act of 1899 • Established the nation's first independent juvenile court and probation program for children • No due process, preponderance of the evidence • 1917 : juvenile courts has been established in all states but three
Reforming the System
• 1912: US Childrens Bureau was formed as the first federal child welfare agency • 1930s : bureau began to investigate the state of juvenile institutions and tried to expose some of their more repressive aspects • Critics : Paul Tappan and Francis Allen: identified problems in the juvenile justice system, among which were the neglect of procedural rights and the warehousing of youth in ineffective institutions • 1962 : New York passed legislation creating a family court system
Fare v Michael C and California v Prysock
these cases make it seem disputable that juveniles are at least entitled to receive the same Miranda rights as adults
Oklahoma Publishing Co. V District Court and SMith v Daily Mail Publishing Co.
these cases set out to produce a greater balance between individual privacy and freedom of the press in juvenile court proceedings
Arizona v Grant (2009)
this case placed specific limitations on police searches on a suspects vehicle
davis v alaska
this case put further limits on the juveniles right to privacy in court proceedings
transfer process
transfer of a juvenile offender from the jurisdiction of juvenile court to adult criminal court
community treatment
using nonsecure and noninstitutional residences, counseling services, victim restitution programs, and other community services to treat juveniles in their own communities
Child Saving Movement
• 1816 - Society for the Prevention of Pauperism: focused on extending government control over youthful activities that had been left to family control • "Black Child Savers": fought to overcome racial discrimination facing African american children who came in conflict with the law
19th Century Juvenile Justice
• 1841 - Probation introduced in Massachusetts • Three Major influences: urbanization, child saving movement and growing interest in the concept of parens patriae, development of institution for the care of delinquent and neglected children
electronic monitoring
radio transmitter worn by the offender that sends signal to the department to alert officials
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
supression effect
reduction in the number of arrests per year for youths who have been incarcerate or punished
Graham v Florida
repealed life sentences without the possibility of parole for juveniles convicted of non homicide crimes.
Roper v. Simmons
repealed the death penalty sentences for all juveniles in the United States.
watch system
replaced the pledge system in england, watcmen patrolled urban areas at night to provide protection from harm
complaint
report made by the police or some other agency to the court that initiates the intake process
predisposition report (social investigation report)
report that consists of a clinical diagnosis of the juvenile and his or her need for court assitance, relevant environmental and personality factors, and any other info that would assist the court in developing a treatment plan for a juvenile
juvenile defense attorney
represents children in juvenile court and plays an active role in all stages of the proceedings
confidentiality
restriction of information in juvenile court proceedings in the interest of protecting the privacy of the juvenile
Juvenile Court and Its Jurisdiction
Actors in the Juvenile Courtroom: defense attorneys, prosecutors, and judges Juvenile Defense Attorney - represents children in juvenile court and plays a role in all proceedings • Guardian ad litem - court appointed attorney who protects the interests of the child in cases involving the childs welfare Court Appointed Special Advocate (CASA): org. that employs volunteers who advise the juvenile court about child placement Public Defender Service for Children: provide counsel to children at pubic expense • Public Defender - attorney who works in a public agency or under private contractual agreement as counsel to indignant • All-public defender program: • Appointed private-counsel system • Combination system: Prosecutor • Juvenile prosecutor - government attorney responsible for representing the interests of the state and bringing the case against the accused juvenile • James Shine and Dwight Price - argued that the prosecutors involvement will promote a due process model that should result in a fairer, more just system for all parties. Juvenile Court Judge • Duties: -rule on pretrial motions -make decisions about the continued detention of children prior to trial -make decisions about plea bargaining agreements and the informal adjustment of juvenile cases -handle trials -assume responsibility for holding dis-positional hearings and deciding on the treatment accorded to the child -Handle waiver proceedings -handle appeals • American Judicature Society - noted that the field of juvenile justice has often been short changed by the appointment of unqualified judges
Juvenile Court Trial
Adjudication hearing - is the child a delinquent youth or in need of court supervision? Specific rules of procedure: -require that a written petition be submitted to the court -ensure the right of the child to have an attorney -provide that the adjudification hearing be recorded -allow the petition to be amended -provide that a childs plea be accepted Case is resolved in one of three ways: 1. judge makes a finding of fact that the child is not delinquent or in need of supervision 2. judge makes a finding that the juvenile is delinquent or in need of supervision 3. judge dismisses the case because of insufficient or faulty evidence Constitutional Rights at Trial Due Process: safeguards the individual from unfair state procedures in proceedings In re Winship - proof beyond a reasonable doubt is necessary for conviction in juvenile proceedings McKeiver v. Pennsylvania - held that trial by jury in a juveniles court adjudicative stage is not a constitutional requirement Disposition: sentencing step of the juvenile justice process Juvenile Court Dispositions • Major categories: community release, out of home placements, fines, restitution, community service, and institutionalization Juvenile Sentencing Structures Beyond the Best Interest of the Child by Joseph Goldstein, Anna Freud, and Albert Solnit: argued that placement of children should be based on the least detrimental alternative available in order to foster the childs development. • Least Detrimental Alternative - choice of a program for the child that will best foster the childs growth and development Indeterminate Sentence: does not specify the length of time • Individualized Treatment Model - each sentence must be tailored to the individual needs of the child Determinate Sentence - fixed term of detention • Mandatory sentence -full sentence and is not eligible for early parole Blended Sentences: allows the imposition of juvenile and adult sanctions for juvenile offenders adjudicated in juvenile court Death Penalty for Juveniles Roper v. Simmons (2005) - repealed death penalty for all juveniles Past Legal Issues • Thompson v. Oklahoma (1988) - supreme court prohibited the execution of persons under the age of 16, but left open the age for execution to be appropriate. • Wilkins v. Missouri and Stanford v. Kentucky (1989) - ruled that states were free to impose the death penalty for murderers who commit their crimes after they reached age 16 or 17 Life Without Parole for Juveniles "A Slower Form of Death: Implications of Roper v. Simmons for Juveniles Sentenced to Life Without Parole" by Barry Feld: argues that the supreme court diminished responsibility standard- used in their decision to end juvenile death penalty-should also apply to cases in which juvenile offenders are receiving life sentences without the possibility of parole. Graham v. Florida (2010) -repealed life sentences without the possibility of parole for juveniles convicted of non homicide crimes Miller v. Alabama and Jackson v. Hobbs - court ruled that the sentence of life without the possibility of parole for all juvenile offenders, including those convicted of homicide, could not be imposed automatically Child's Right to Appeal • Final order - order that ends litigation between two parties by determing all of their rights and disposing of all the issues Appellate process - allows the juvenile an opportunity to have the case brought before a reviewing court after it has been heard in juvenile or family court Direct Appeal - an appellate court review to determine whether the ruling of the law and the judgement of the court were correct Collateral attack - secondary method of attacking a final judgement, instead of appealing it uses extraordinary legal writs Confidentiality in Juvenile Proceedings Confidentiality - restriction of juvenile information Two areas of concern: • Open v. closed hearing: juvenile trials are closed to the public and press and the names of the offenders are kept secret. • Davis v. Alaska - put further limits on the juveniles right to privacy in court proceedings • Oklahoma Publishing Co v. District Court and Smith v. Daily Mail Publishing Co. - these cases set out to produce a greater balance between individual privacy and freedom of the press in juvenile court proceedings -Oklahoma: supreme court ruled that a state court was not allowed to prohibit the publication of info obtained in an juvenile proceeding Smith: the discovery and publication of the identity of a juvenile suspect in violation of a state statute prohibiting publication
Juvenile Aftercare and Reentry
Aftercare - transitional assistance to juveniles equivalent to adult parole Reentry - process of returning to society upon release from a custody facility post adjudication Prerelease planning - also called re-entry Supervision: watch of juvenile after custody Intensive Aftercare Program (IAP) Model: a balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to the community • Five basic principles 1. preparing youth for increased responsibility and freedom in the community 2.facilitated youth community interaction and involvement 3. working with both the offender and targeted community support systems on qualities for the youths successful community ajustment 4. developing new resources and supports where needed 5. monitoring and testing the youth and the community on their ability to deal with each other productively Aftercare Revocation Procedures: -curfew -refrain from peer pressure -attend school -abstain from drugs and alcohol -report to youth worker -refrain from acts considered crimes -refrain from operating automobile unless allowed -refrain from being disobedient -
Police and the Rule of Law
Arrest Procedure: apprehended, release or make referral to juvenile court • in loco parentis- "in place of the parent" Search and Seizure Arizona v. Gant (2009): court places specific limitations on police searches of a suspects vehicle Miranda v. Arizona (1966): police interrogations of suspects in custody are subject to constitutional limitations In re gault (1967) -stated that constitutional privileges against self incrimination apply in juvenile as well as adult cases J.B.D. v. North Carolina (2011) : a suspects age must be considered when determining whether a confession was freely given and whether they believed they were in custody People v. Lara - court stated that the question of a juveniles waiver is to be determined by the totality of the circumstances doctrine. juveniles can waive their rights to protection of self incrimination, but the validity of the waiver is determined case by case. Barry Feld research - suggests that older juveniles 16 and 17 years old understand their Miranda rights, but younger ones do not. argues that records of police interrogations ensure that juveniles of all ages understand their rights Fare v. Michael C. and California v. Prysock: juveniles are at least entitled to receive the same miranda rights as adults • Fare - Fare v Michael C: court ruled that a child asking to speak to their probation officer was not the equivalent of asking for an attorney • Prysock - California v Prysock: court was asked to rule on the adequacy of a miranda warning given to Randall Prysock, a youthful murder suspect.
Community Policing in the New Millennium
Community Policing Model: Premise: police can carry out their duties more effectively by gaining the trust and assistance of citizens Useful in juvenile justice for a multitude of reasons: -engagement with community gives police more info and better insight -freeing officers from emergency response permits them to engage in crime prevention more -making police operations more visible increases police accountability to the public -decentralizing operations allows police officers to develop familiarity with needs of the community -encouraging officers to view citizens as partners improves relations -moving decision making to patrol officers places more authority in the hands of the people who best know the communities problems and expectations Law Enforcement Management and Administrative Statistics (LEMAS) survey: reports that 7 out of 10 local police departments includes a community policing component Office of Community Oriented Policing Services (COPS): involved in a number of initiatives to reduce gun violence by serious juvenile offenders
Juvenile Probation
Historical Development: England, 1820 - magistrates of the Warwickshire adopted practices US, 1869 - Massachusetts the first, act passed agents checked on juveniles • 1890 -probation became a mandatory part of the court structure Expanding Community Treatment: was institutionalization of youths a mistake? Mid 1960s - juvenile probation became a complex institution that touched the lives of an enormous amount of children The Massachusetts Experience: Massachusetts has led the movement to keep juvenile offenders in the community. Contemporary Juvenile Probation: backbone of community based corrections Nature of Probation Conditions of Probation: rules and regulations mandating that a juvenile on probation behave in a particular way Duties of the Juvenile Probation Officer: -provide direct counseling and youth services -interview and collect social service data -make diagnostic recommendations -maintain working relationships with law enforcement agencies -use community resources and services -direct volunteer case aids -write predisposition reports -work with families of the children under supervision -provide specialized services, such as group therapy -supervise specialized case loads involving children with special probs -make decisions about the revocation of probation and its termination Predisposition Report - clinical diagnosis of the juvenile and his or her need for court assistance
Secure Corrections
History of Juvenile Institutions: • Reform school - institutions in which educational and psychological services are used in an effort to improve the conduct of juveniles who are forcibly detained Late 1800s - Cottage System: housing juveniles in a compound containing a series of cottages, first establishes in Massachusetts in 1855, ohio in 1858 20th Century Developments • US Children's Bureau - sought to reform juvenile corrections • 1940s - American law Institute's model youth Correction Authority Act: emphasized reception/classification centers • 70s - Decarceration policies: mandates that courts use the least restrictive alternative in providing services for status offenders • 80s and 90s - admissions to juvenile correctional facilities grew substantially:
Probation Innovations
Intensive Supervision: alternative to incarceration that involves dialy supervision of the juvenile by the probation officer Los Angeles County Repeat Offender Prevention Program (ROPP): study of intensive probation in which mixed results were found for those who received the program compared to a similar group of youths Electronic Monitoring Two types of electronic monitoring systems • Active - monitor the offender by continuously sending a signal back to the office • Passive - involve random phone calls generated by computers to which the juvenile offender must respond in a particular time Joseph B. Vaughn - conducted one of the first surveys of juvenile electric monitoring in 1989, found that all the programs adopted electric monitoring to reduce the number of days juveniles spent in detention Marc Renzema and Evan Mayo-Wilson: found that the effects of electric monitoring on recidivism results do not support the claim that it works at the present time Seven Core Values: 1. crime is an offense against human relationships 2.victims and the community are central to justice processes 3. the first priority of justice processes is to assist victims 4. restore the community 5. the offender has a personal responsibility to victims and to the community for crimes committed 6. the offender will develop improved competency and understanding as a result of restorative justice 7. stakeholders share responsibilities for restorative justice through partnerships for action Heather Strang and Lawrence Sherman: carried out a systematic review and meta analysis of the effects of restorative justice on juvenile reoffending and victim satisfaction, found evidence that restorative justice can be an effective strategy for in reducing repeat offenders. Balanced Probation: programs that integrate community protection, accountability of the juvenile offender, competency, and individualized attention to the juvenile offender Restitution • Monetary Restitution - juvenile offender compensate crime victims for out of pocket expenses caused by their crime • Victim Service Restitution - juvenile offender required to provide some services directly to the crime victim • Community Service Restitution - juvenile offender required to assist some worthwhile community org. for a period of time Residential Community Treatment: placement of juvenile offender in a residential facility such as a group home Foster Care Programs - juveniles who are orphans or whose family cannot care for them are placed with families who can provide Family Group Homes : combination of foster care and a group home in which a juvenile is placed in a private group home run by a single families rather than a professional staff Rural Programs - recreational and work opportunities provided for juveniles in a rural area such as a camp, farm, or ranch Nonresidential Community Treatment: Nonresidential Programs - juveniles remain in their homes, but receive counseling, education, employment, etc through a support system
Legal Right to Treatment
Morton Birnbaum, 1960 - introduced the concept of right to treatment Inmates of the Boys' Training School v. Affleck (1972): federal court argued that rehabilitation is the true purpose of the juvenile court and without that goal, due process rights are violated Nelson v. Heyne (1974): first federal appellate court affirmed that juveniles have a right to treatment and condemned the use of corporal punishment in juvenile institutions Morales v. Turman: court held that all juveniles confined in training schools in texas have a right to treatment Pena v. New York State Division for Youth: court held that the use of isolation, hand restraints, and tranquilizing drugs at Goshen Annex Center violated the 4th amendment Ralston v. Robinson: case placed limits on the right to treatment for juvenile offenders Santana v. Callazo: US first circuit court of appeals rejected a suit brought by residents at the Maricao Juvenile camp in Puerto rico on the grounds that the administration had failed to provide them with an individualized rehabilitation plan or adequate treatment Struggle for Basic Civil Rights Civil Rights of Institutionalized Persons Act: gives the civil rights division of the US department of justice the power to bring action against state or local governments for violating the civil rights of persons institutionalized in public operated facilities
Discretionary Justice
Nathan Goldman - 1963 study: examined arrest records of more than 1,000 juveniles from 4 communities in Pennsylvania, concluded that more than 64% of police contracts with juveniles were handled informally. Project on Policing Neighborhoods (2000s): study of police patrols in Indianapolis, Indiana and St. Peterburg FL., indicated that police still use discretion FBI: estimated that 62% of juvenile arrests are referred to juvenile court. Environmental Factors: norms of a community are a factor in decisions regarding decision making with a juvenile offender. diff environments= different approaches Police Policy • Procedural Justice - evaluation of the fairness of the manner in which an offenders problem or dispute was handled by police. • Broken Windows Policing - police target disorderly behaviors and conditions in an effort to prevent more serious crime problems • Raymond Paternoster - Milwaukee domestic assault experiment: found that men who were arrested for assaulting their female spouses were much less likely by almost 40% to commit another act of assault to their spouses if they handled by police in a fair and just manner • St. Louis Study: 45 high rick male adolescents were questioned about their experiences with and perceptions of the police. 35 of them )78%) reported they had been stopped and frisked by the police at least one time in their lives, many reported multiple occasions. most of the men had a negative view of this interaction. Bias and Police Discretion: • Racial Bias: • 2015 - President's Task Force on 21st Century Policing - -law enforcement needs to adopt procedural justice as the principle for all interactions -police agencies need to develop "clear and comprehensive policies" on the use of force -police agencies need to emphasize community policing practices for crime reduction Donna Bishop and Michale Leiber - found that race can have a direct effect on decisions made on several junctures of the juvenile justice process • Gender Bias: chivalry hypothesis: holds that police are likely to act paternally toward young girls and not arrest them • Organizational Bias: policies of some police departments may result in biased practices. Research has found that police departments can be characterized by their professionalism and bureaucratization
History of Juvenile Policing
Origin of Policing :as early as when english society started the pledge system, individuals policed themselves and solved problems Pledge System - neighbors protected each other from theives Watch System - 13th century - patrol groups of men for the community Constable - responsible for dealing with more serious crimes Industrial revolution: increased the need for more police protection, police force est in London in 1829 Sir Robert Peel - "Bobbies" - first police force that was est in London in 1829, were not succesful at stopping crime and were focused on personal and political gain Wickersham Commission and the International Association of Chiefs of Police: lead voice for police reform, created specialized police units known as delinquency control squads August Vollmer - most famous reformer of the 1930's, police chief in Berkely California, created the first organized police services for juvenile offenders Law Enforcement Assistance Administration - set up to fund justice related programs, was a catalyst for developing hundreds of new police programs and enhancements of police services for children
Police and Juvenile Offenders
Police Roles: juvenile officers: similiar to regular officer, intervene if the actions of a citizen produce public danger or disorder Role Conflicts : conflicts police officers face that revolve around the requirement to perform their primary duty of law enforcement and a desire to aid in rehabilitating youthful offenders Informants - a person who has access to criminal networks and shares information with authorities in exchange for money or special treatment • Mary Dodge (Criminologist) - "there is a need for a higher degree of scrutiny in the use of juvenile police informants, and this practice should not be warranted in all circumstances" Police and Violent Juvenile Crime: police are experimenting with different methods of controlling violent youth to prevent juvenile violence, one method includes the problem oriented police method.
Juvenile Institutions Today: Public and Private
Population Trends: juvenile custody rate varies widely across the country Physical Conditions : juvenile institutions vary in size and quality, still needs improvements Male Inmates: make up the bulk of institutionalized youth Female Inmates: decreasing in custody in the last 13 years
Transfer to the Adult Court
Transfer Process - Waiver Procedures -concurrent jurisdiction: prosecutor has the discretion of filing charges for certain offenses -statutory exclusion policies: certain offenses are automatically excluded from court -Judicial Waiver - hearing is held for juvenile to decide whether jurisdiction should be waived and the case transferred to criminal court. Due Process in Transfer Proceedings Kent v. United States (1966) -declared a district of columbia transfer statute unconstituional and attacked the subsequent conviction of the child by granting him specific due process rights of having an attorney present Breed v. Jones (1975): supreme court declared that the child was to be granted the protection of the double jeopardy clause after being tried as a delinquent in juvenile court. Transfer Hearings - hearing in juvenile court for determining whether a juvenile court should be retained over a juvenile or waived and the juvenile be transferred to adult court Should Youths be Transferred to Adult Court? Study: New York and New Jersey- juveniles transferred to criminal court were almost three times more likely to receive sentences of incarceration than juvenile court defendants Study: Pennsylvania- the average sentence length for juvenile offenders sentences in adult court was found to be significantly longer than for for a similar group of young adult offenders • Franklin Zimring: argues that waiver is superior to alternative methods for handling the most serious juvenile offenders
Police Work and Delinquency Prevention
Justice Policy Institute - found that heavy handed suppression efforts Police in Schools: Gang Resistance Education and Training (GREAT): police and school partnership to reduce delinquency , developed in 1991 to reduce adolescent involvement in criminal behavior Community Outreach Through Police in Schools Program: brings together Yale University's Child Study Center and The new haven police department to address mental health and emotional needs of middle school students who have been exposed to violence Community-Based Policing Services: community services for juveniles implemented by the police Problem-Oriented Policing: systematic analysis and response to the problems or conditions underlying criminal incidents rather than the incidents themselves Problem Solving Partnerships - objective is to assist police agencies to solve recurrent crime and disorder problems by helping them form community partnerships and engage in problem solving activities Pulling Levers Policing - activating or pulling every detterent lever available to reduce the targeted delinquency problems • Boston's Operation Ceasefire: brought togethether juvenile justice and social agencies along with community groups and produced substantial reductions in youth violence.. this is being replicated by other cities in the country. (example of a community based policing strategy)
milieu therapy
all aspects of the environment are part of the treatment, and meaningful change, increased growth, and satisfactory adjustment are encouraged
appellate process
allows the juvenile the opportunity to have the case brought before a reviewing court after it has been heard in juvenile or family court
juvenile intensive probation supervision (JIPS)
alternative to incarceration that involves daily supervison of the juvenile by the probation officer assigned to the case
public defender
an attorney who works in a public agency or under private contractual agreement as defense counsel to indignant defendants
reform schools
institutions in which educational and psychological services are used in an effort to improve the conduct of juveniles who are forcibly detained
bail
money that must be paid as a condition of pretrial release
widening the net
phenomenon that occurs when programs created to divert youths from the justice system actually involve them more deeply in the official process
right to treatment
philosophy espoused by many courts that juvenile offenders have a statutory right to treatment while under the jurisdiction of the courts
foster care programs
placing a child in the temporary care of a family other than its own as a result of state intervention with the birth family
Miranda v. Arizona (1966)
police interrogations of suspects in custody are subject to constitutional limitations
juvenile officers
police officers who specialize in dealing with juvenile offenders, they may operate alone or as part of a juvenile police unit within the department
community policing
police strategy that emphasizes reducing fear, organizing the community, and maintaining order rather than fighting crime
transfer hearing
preadjudicatory hearing in juvenile court for the purpose of determining whether juvenile court should be retained over a juvenile or waived and the juvenile transferred to adult court for prosecution
Due Process
principle based on the concept of the primacy of the individual and the complementary concept of the limitation on governmental power, safeguards the individual from unfair state procedures in judicial or administrative proceedings.
intake
process during which a juvenile referral received and a decision is made to file a petition in juvenile court to release the juvenile, to place the juvenile under supervision, or refer the juvenile elsewhere
reentry
process of experiencing of returning to society upon release from custody facility
wilderness probation
programs involving outdoor expeditions that provide opportunities for juveniles to confront the difficulties of their lives while achieving positive personal satisfaction
boot camps
programs modeled after military-style entry-level training programs for youthful nonviolent offenders
Federal Commissions
• 1967 - President's Commission on Law Enforcement and Administration of Justice: Organized by president Lyndon Johnson, suggested that the juvenile justice system must provide underpriviledged youths with opportunities for success • Juvenile Delinquency Prevention and Control Act of 1968: This law created a youth development and Delinquency Preventive Administration, which concentrated on helping states develop new juvenile justice programs • 1968 - Omnibus Safe Streets and Crime Control Act: This law establishes the Law Enforcement Assistance Administration to provide federal funds for improving the adult and juvenile justice systems • 1973 - National Advisory Commission on Criminal Justice Standards and Goals: Est by the Nixon administration, formed the basis for the Juvenile Justice and Delinquency Provision Act of 1974
Process - Detention
• After petition • Detention hearing: held to determine whether to remand the child to a shelter • Child has right to counsel and other due process rights
Were they REALLY Child Savers?
• Anthony Platt - Author of "The Child Savers": "Child saving was motivated by self interest than by benevolence. • Randall Shelden and Lynn Osborne: traced the child saving movement in tennessee and found that its leaders were a small group of upper class citizens who desired to control the behavior and lifestyles of lower class youth
Process - Pretrial Procedure
• Beginning of the adjudication process • Initial hearing : juveniles informed of their right to trial, that the plea or admission be voluntary, and that they understand the charges and consequences of the plea
Children's Aid Society
• Child saving organization that took children from the streets of large cities and placed them with farm families o Charles Loring Brace: helped developed the Childrens Aid Society in 1853 "rescue them from a harsh environment in the city and provide them with temporary shelter"
Spread of the Refuge Movement
• Critics: complained that the institution was ran like a prison with strict discipline and separation of the sexes. • 1826 - Boston founded the House of Reformation • 1850s: number of incarcerated children began to climb, resulting in the construction of larger institutions removed from the urban environment
Process - Investigation
• Discretionary decision: when youths commit a crime, police have the authority to investigate the incident and decide whether to release the youths or commit them to juvenile court
Process - Disposition
• Disposition - equivalent of sentencing for adult offenders, however, juvenile dispositions should be more rehabilitative than retributive.
Process - Adjudication
• Hearing to determine the facts of the case
Early Legal Findings on Juvenile Justice
• In re Gault (1967): ruled that a minor has basic due process rights • Breed v. Jones (1975): ruled that a child has the protection of the double jeopardy clause of the 5th amendment and cannot be tried twice for the same crime • Eddings v. Oklahoma (1982): ruled that a defendants age should be a mitigating factor in deciding whether to apply to the death penalty • Thompson v. Oklahoma (1988): ruled that imposing capital punishment on a juvenile murderer who was 15 years old at the time of the offense violated the 8th amendments prohibition against cruel and unusual punishment
Legacy of Illinois
• In re Gault : a juvenile involved in a delinquency hearing must be afforded similar due process rights as is afforded to an adult. o Justice Abe Fortas : supreme court justice who took position in the In Re Gault case (1967) • Denver Juvenile Court Judge Benjamin Lindsey: presided over the Denver juvenile court. Viewed children who came before him as his boys who were fundamentally good human beings led astray by their social and psychological environment
Early Juvenile Court
• Major functions: prevent juvenile crime and to rehabilitate juvenile offenders • 1920s: noncriminal behavior in the form of incorrigibility and truancy from school was added to the jurisdiction of many court systems • 1925: juvenile courts existed in nearly every jurisdiction in every state
Large Scale Survey of Practitioners
• Most effective policies/practices: • Least effective policies/practices
Process - Treatment
• Probation : most commonly used sentence for juvenile offenders • Aftercare or parole: youth can be paroled from an institution and placed under the supervision of a parole officer ** juveniles have a right to treatment. If minimum treatment is not provided, individuals must be released from confinement
Correctional Treatment for Juveniles
• Psychotherapy - counseling in which a therapist helps a juvenile solve conflicts and make a more positive adjustment to society • Reality Therapy - form of counseling that emphasizes current behavior and that requires the individual to accept responsibility for all of his or her actions Behavior Modification - technique for shaping desired behaviors through a system of rewards and punishments Group Treatment Techniques: guided group interaction, positive peer culture, milieu therapy Group therapy - counseling several individuals together Guided Group Interaction: • Positive Peer Culture (PPC) -counseling program in which peer leaders encourage other group members to modify their behavior • Milieu Therapy - all aspects of the environment are part of treatment Educational programs: most inadequate Wilderness Programs: effective in reducing juvenile offending Wilderness Probation - outdoor program Juvenile Boot Camps:
Urbanization
• Rapid population growth in cities • Chronic Poverty:
Development of Juvenile Institutions
• Reform schools: house delinquent youths who would have otherwise been sent to adult prisons
Juvenile Justice Today
• Status offenders (CHINS or PINS): persons or children in need of supervison • Delinquent children: those who fall under a jurisdictional age limit, which varies from state to state, and who committ an act of violation of the penal code • Neglect, deprivation, abandonment, abuse:
Juvenile Court Process
• Traumatic - detention can become a traumatic experiences because many facilities are prisonlike. • New Jersey Study: study of child detention centers that found that 1 out of 4 youths was placed there inappropriately and should have instead been placed in hospitals or foster care homes. • Cook County's Temporary Juvenile Detention Center in Chicago: 1 in 10 youths considered taking their own life in the past 6 months, and 11% attempted suicide at some point • Project Confirm - effort to reduce the detention of foster care youths who have been arrested. • Two main strategies: notifying project staff about a youths arrest to allow for a search of child welfare databases, AND court conferencing among child welfare and juvenile justice authorities • Juvenile Justice and Delinquency Prevention Act of 1974: require that the states remove all juveniles from adult jails and lockups Bail for Children: issue is whether a juvenile can be released on bail. Preventive Detention: keeping the accused in custody prior to trial • Schall v. Martin (1984) - juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action The Intake Process: juvenile refferal is received and a decision is made to file a petition Intake - ^^ Consent Decree - court order authorizing disposition of a case without a formal label of delinquency Diversion: halting or suspending a juvenile justice proceeding at any point Petition: Complaint - report made by the police to the court to initiate the intake process Plea and Plea Bargaining Plea Bargaining - Arguments in favor of plea bargaining for juveniles: lower court costs and efficiency Arguments against plea bargaining for juveniles: unregulated and unethical process Joseph Sanborn: found that 20% of the cases processed in Philly resulted in a negotiated plea John Burrow and Patrick Lowrey: focused on factors that included plea bargaining. found that the key factors included type of offense, number of victims, and age and race of the offender