Juvenile Delinquency II
The Institutionalized Juvenile
7 out of every 8 incarcerated juveniles are male -Between 1991-2006, the number of female juvenile offenders in custody decreased by less than 2% -Girls are more likely to be incarcerated for status offenses -Institutions for girls are more restrictive than those for boys -Institutions for girls do a less-than-adequate job of rehabilitation -Over the years, the number of females held in public institutions has declined -Girls tend to be incarcerated longer -Female offenders have higher rates of mental health problems -Female facilities are typically isolated in rural areas
Detain
National Detention Trends -1 in 5 juvenile arrests result in detention -Typical detainee -Male -Over 16 -Charged with violent crime -Detention increases risk of being adjudicated -Racial disparities exist at this stage
Detain
New Approaches to Detention -Move to improve conditions of detention -JJDPA (1974) -Prohibits detention of juveniles in adult jails and lockups -Prohibits the detention of status offenders in secure confinement -Juveniles in most states do not have constitutional right to bail -Preventative detention is allowed per Schall vs. Martin (June 4, 1984)
Chapter 12 #2 What are some of the major role conflicts that police may experience in dealing w/ juvenile offenders?
May experience a tension between their desire to perform what they consider their primary duty, law enforcement, and the need to aid in the rehabilitation of youthful offenders. Officers can encounter hostile behavior from offenders and agitated witnesses. Informants also lead to role conflicts.
Police and Violent Juvenile Crime
Violent crime includes homicide, rape, robbery, aggravated assault, and kidnapping -Juveniles account for 13% of all violent crime arrests Police experiment w/ various methods of violent juvenile crime control: -Directed patrols of hot spots -Proactive arrests of serious offenders -Problem oriented policing: addressing the problems underlying incidents of juvenile delinquency rather than the incidents alone Improving community connections is essential to combating violent juvenile crime
Chapter 13 #7 What are blended sentences?
A sentence imposed by a juvenile court that blends a juvenile disposition and an adult sentence for certain serious youthful offenders.
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
Life Without Parole for Juveniles
Debate surrounds this issue Critics argue: -Roper v Simmons sets forth rationale for eliminating LWOP for juveniles Advocates argue: -That death is different than LWOP Graham v. Florida (2010) -Ends the practice of LWOP for juveniles convicted of non-homicide crimes
Nelson v. Heyne
- 7th Circuit Federal Court of Appeals decided that use of Drugs by Indiana Boys School for purpose of controlling excited inmate behavior constituted cruel and unusual punishment. - Fraternity paddling?
Morales v. Turman
- Age 15, Alicia Morales forced to work and turn wages over to her father. Became lead plaintiff in class action lawsuit filed in 1971 against Dr. James Turman. - Case resulted in sweeping reforms to commitment of juveniles in Texas & nationally.
Roper v. Simmons
- Christopher Simmons,17 planned to murder Shirley crook w/ Charles Benjamin & John Tessmer. - Plan to commit burglary and murder by breaking and entering, typing her up and tossing her off a bridge. Three met in the middle of the night, where Tessmer went home. - Simmons and Benjamin, broke into home and threw her off bridge. - Simmons confessed, performed videotaped reenactment at crime scene, testimony from Tessmer against him showing premeditation. - Supreme Court found it is unconstitutional to impose capital punishment for crimes committed while under age of 18.
Atkins v. Virginia
- Daryl Atkins (18) and accomplice William Jones, kidnapped Eric Nesbitt, airman from nearby Langley Air Force Base. Drove Nesbitt in own vehicle, made him withdraw $200. Drove him to isolated location, killed after being shot 8 times. - Jones made a deal of life imprisonment to full testimony against Atkins. Atkins convicted of capital murder. -During penalty phase of trial, results of IQ test confirmed IQ of 59. Making Atkins "mildly mentally retarded" sentenced to death. -Supreme Court found executing mentally retarded individuals violates 8th Amendment's ban on cruel & unusual punishments, states can define who is mentally retarded.
Chapter 12 #7 What does the research say about police discrimination against minority youths?
- Disproportionate level of arrests for young African-American males than any other group. - Females tend to be subject to more leniency - Lower-class neighborhoods face proportionately greater risk of arrest
Pena v. New York State Division for Youth
- Found that using hand & feet restraints, and tranquilizing drugs to control and punish undesirable behavior violated 8th and 14th Amendments.
Inmates of the Boys Training School v. Affleck
- Minimal standards established, sufficient clothing to meet seasonal needs, proper bedding (sheets, pillow cases, etc.), personal hygiene supplies, minimal writing materials & access to books and other reading materials, daily showers, & others
JDAI
- Reform initiative - Improves public safety, reduce racial disparities and bias, save tax payers dollars, stimulate overall juvenile justice reforms - Now 200 JDAI sites in 39 states and D.C.
Orphan Trains
- Started by Children's Aid Society (established by Charles Loring Brace) - Operated between 1853 &1929 - Relocated about 250,000 children -
Aftercare Revocation Procedures
-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
McKeiver v. Pennsylvania
-Joseph McKeiver & Edward Terry, teenagers charged with robbery, theft, assault, and escape. -Both denied a request for a jury trial at the Juvenile Court of Philadelphia. Decision -Found that juvenile criminal proceeding were not entitled to a jury trial by the 6th of 14th Amendments.
Breed v. Jones (1971)
-Prohibits trying a child in adult court when there has been a prior adjudicatory juvenile proceeding -Probable cause may exist at a transfer hearing, and this does not violate subsequent jeopardy if the child is transferred to the adult court -The same evidence is often used in both the transfer hearing and subsequent trial in either the juvenile or adult court, a different judge is often required for each hearing
In re Gault (1967)
-Stated that constitutional privileges against self-incrimination are applicable in juvenile cases too -Most courts hold that parents or attorneys need not be present for children to effectively waive their rights -The general rule is that juveniles can waive their right to protection from self-incrimination, but the validity of this waiver is determined case by case Made due process applicable to juvenile proceedings: -Notice of charges -Right to counsel -Right to confront/cross examine witness -Privilege against self incrimination -Right to transcript -Right to appellate review
Thompson v. Oklahoma
-William Wayne Thompson, 15 year-old repeat offender -Charles Keene was accused of beating Vicky and William. -Three other men - Tony Mann, Richard Jones, & Bobby Glass kidnapped Charles on night of Jan. 23, 1983. -Keene's body found later in nearby river, body split from throat to abdomen. Multiple bruises, two gunshot wounds, concrete block tied to legs, -William arrested later, Vicki confessed that "he had taken care of him." -All convicted of crimes, sentenced to death, Bobby Glass had sentence repealed Decision - Supreme Court found that Thompson's execution would violate the 8th Amendment as applied to the states through the 14th Amendment.
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 Intensive Aftercare Program (IAP) -Balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to community
Juvenile Court and Its Jurisdiction
An independent juvenile court is a specialized court for children -Promotes rehabilitation and ensures procedural due process -Acts both in the best interest of the child and in the best interest of public protection Court Case Flow -In 2008, approximately 1,650,000 delinquent cases were referred to juvenile court -A recent downward trend has been observed (between 1997 - 2008) Gender and race differences exist -73% involve males; 19% involved females -34% involved African American youth
Police and the Rule of Law
Arrest of Juveniles: -Requires probable cause -The main difference between arrest of adults and juveniles is the broader latitude police have to control youthful behavior -In loco parentis 1. "In place of the parent" 2. Serves as basis for taking juveniles into custody Search and Seizure -Most courts have held that the 4th amendment ban applies to juveniles and that illegally seized evidence is inadmissible in a juvenile trial -Arizona v. Gant (2009): A person may be searched after a legal arrest, but only in the immediate area of the suspect's control
Due Process in Transfer Proceeding
Breed vs. Jones (1975) -It prohibits trying a child in an adult court when there has been a prior adjudicatory juvenile proceeding: -Double jeopardy -Probable cause may exist at a transfer hearing -Since same evidence is often used in both the transfer hearing and subsequent trial, a different judge is often required for each hearing
Juvenile Court Trial
Called adjudication hearing -Standard of proof is beyond a reasonable doubt -State juvenile codes vary with regard to the basic requirements of due process -Three possible resolutions of hearing: 1. Finding that the juvenile is not delinquent/in need of supervision 2. Finding that juvenile is delinquent/in need of supervision 3. Dismissal of case due to insufficient evidence
Chapter 14 #1 How does community treatment differ from institutional treatment?
Community Treatment - Using nonsecure and noninstitutional residences, counseling services, victim restitution programs, and other community services to treat juveniles in their own communities. Examples: Foster homes, small-group homes, boarding schools Institutional Treatment - Correctional centers operated by federal, state, and county governments; restrict movement of residents through staff monitoring, locked exits, and interior fence controls. Examples: Drug treatment, training schools or reformatories, ranch or forestry camps, and boot camps.
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
Due Process in Transfer Proceeding
Cons: -Juveniles, particularly younger ones, may not be competent to be tried as adults -Waiver can also create long-term harm -Those who are given a waiver are often stigmatized by a conviction in the criminal court -Waivers don't always support the goal of increased public protection -Waiver can add an undue burden to youthful offenders -Transfers are not always fair and equitable
Contemporary Probation
Considered the backbone of community treatment for juveniles Most popular juvenile disposition for juvenile court judges: -322,900 juveniles were placed on formal probation in 2008 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 include: -Reception centers -Specialized facilities -Training schools -Ranch/forestry camps -Boot camps Suppression Effect: -A reduction in the number of arrests per year following release from a secure facility
Schall v. Martin (1984)
Court found that it was not in violation of Gregory Martin's due process right to incarcerate juveniles in pretrial stages.
Future of Juvenile Court
Critics: -Criminalization of juvenile court -Loss of focus on rehabilitation -Juvenile court becoming more like adult court Advocates: -Treatment programs effective -Rehabilitative efforts successful Suggestions: -Juvenile court and juvenile justice system need to be guided by a core set of rational and science-based principles
Actors in Juvenile Courtroom
Defense Attorney -Juveniles have right to counsel at state trials -Courts must provide counsel to indigent youth who face the possibility of incarceration -Role is to help clarify jurisdictional problems, decide if there is sufficient evidence to file formal petition, outline position, explore informal adjustment opportunities, play critical role in disposition and pursue appeals if needed Guardian ad Litem (GAL) -Seen in abuse, neglect, and dependency cases -Appointed in delinquency cases if there is a need for treatment Court Appointed Special Advocates (CASA) -Volunteers who advise court about child placement
Juvenile Sentencing Structure
Disposition is based on the needs of the child -Least detrimental alternative -Indeterminate sentence -Traditionally -Determinate sentence -Mandatory sentence -For serious juvenile offenders Sentencing Reform -Some reduce judicial discretion, others create mandatory sentencing policies for juveniles -New York State: -Get-tough-on-crime measure -WA Juvenile Justice Reform Act of 1977 -Blended sentence: Integrate punishment/accountability and rehabilitation
Bias and Police Discretion
Do police allow bias to affect arrest decisions w/ juveniles? Racial Bias: -Racial bias shown to be present in system, especially for African American youth -"Driving While Black" Gender Bias: -Chivalry hypothesis suggests gender bias in favor of young girls is present in system -Others believe police are more likely to arrest female offenders b/c their actions violate officers' stereotypes of the female
Bias and Police Discretion
Do police allow bias to affect arrest decisions w/ juveniles? Organizational Bias -Departments that are highly bureaucratized and at the same time unprofessional are most likely to be insulated from the communities they serve -Stereotypes of lower class neighborhoods often result in biased discretion and actions when crimes occur in these areas -Literature shows that police are more likely to "hassle" or arrest African American males in poor neighborhoods
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 Various forms of such treatment include: -Probation -Treatment services such as individual/group counseling -Restitution -Foster homes -Small group homes -Boarding schools -Counseling -Vocational training
Miranda v. Arizona (1966)
Ernesto Miranda arrested due to circumstantial evidence of rape and kidnap, confessed to crime, stated he was not informed of right to counsel, right to remain silent, right that statements would be used against him. -They have the right to remain silent. -Any statements they make can be used against them. -They have the right to counsel. -If they can not afford counsel, it will be furnished at public expense.
Arguments 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
Secure Corrections
History of juvenile institutions -Until the early 1800s, institutions housed juveniles and adults -New York House of Refuge established in 1825 Reform Schools: -Institutions that provide educational and psychological services to improve the conduct of juveniles who are forcibly detained -Massachusetts had the first reform school in 1846: Lyman School for Boys in Westborough Cottage system: -Second half of the 19th century -Housing in a compound of small cottages accommodating 20-40 children -Massachusetts had the first cottage system in 1855
Chapter 13 #2 What are some of the most important factors for detaining a youth once he or she is taken into custody by the police?
If the youth in question is believed to be - Inclined to run away while awaiting trial - Thought likely to commit an offense that's dangerous to their parent(s) - Minority youths are more likely to be detained, especially if they are from lower-class areas
Historical Development
In England: -Specialized procedures for dealing with youth offenders as early as 1820 In the US: 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
Constitutional Rights At Trial
In re Gault (1967) Made due process applicable to juvenile proceedings: -Notice of charges -Right to counsel -Right to confront/cross examine witnesses -Privilege against self incrimination -Right to transcript -Right to appellate review McKeiver v. Pennsylvania (1971): -Jury trail in juvenile courts is not a constitutional requirement
Probation Innovations
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
Transfer to Adult Court
Involves transferring juvenile from juvenile court to adult criminal court All states allow juveniles to be tried as adults in one of the three ways: 1. Concurrent jurisdiction 2. Statutory exclusion: -Accounts for the largest number of juveniles tried as adults 3. Judicial waiver
Actors in Juvenile Courtroom
Juvenile Court Judge -Central character in the juvenile court -Exercise considerable leadership in developing juvenile justice system solutions Parens patriae: Must ensure that necessary community resources are available Duties include: -Ruling on pretrial motions -Deciding about continued detention of juvenile -Accepting or rejecting plea-bargaining agreements -Handle trials, rule on evidence/procedures, guide questioning of witnesses -Assume responsibility for holding disposition hearing -Handle waiver proceedings -Handle appeals when needed
Discretionary Justice
Juveniles enjoy nearly identical procedural protections as adults -Police have broader discretion in dealing w/ juveniles Factors affecting police discretion w/ juveniles -Formal action: 1. Fair and just manner 2. The seriousness of the crime 3. The situation in which it occurred 4. Legal record of the juvenile -Formal action will likely occur if: The crime is serious and has been reported by a victim who is a respected member of the community, and if the offender is well known to them
Juvenile Court Process
Many decisions are made during the pretrial process and the juvenile trial and disposition: -Whether to waive youths to the adult court -Whether to treat them in the community or send them to a secure treatment center
Fare v. Michael C. (1979)
Michael C. was denied right to speak to probation officer. Later appealed and found that probation officers fulfill special roles and represent the interest of juveniles.
Trends in juvenile offenses
Most common are: larceny-theft, simple assaults, drug abuse violations, disorderly conduct
Juvenile Institutions Today
Most delinquent juveniles housed in public facilities -Private institutions are relatively small with a specific mission -For example, treating females with serious emotional problems Population trends -Most delinquents housed in public facilities, most status offenders held in private facilities -In the US, 69% held in public; 31% held in private -The juvenile custody rate varies widely among states -South Dakota has the greatest use of custodial treatment; Vermont and Hawaii the lowest 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
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 -Community-based programs that provide services ranging from group counseling to drug treatment
Discretionary Justice
Other factors that determine discretion: -Environmental Factors Norms of the community Community alternatives to police intervention -Police Policy 1. Directives 2. Voter satisfaction 3. Pressure from supervisors -Justice in Policing: Procedural Justice: An evaluation of the fairness of the manner in which an offender's or another group's problem or dispute was handled by police
Discretionary Justice
Other factors that determine police discretion: -Situational factors 1. Attitude of the complainant 2. Attitude of the offender 3. Type and seriousness of the offense 4. Race, sex, and age of offender 5. Offender's prior contacts w/ police 6. Perceived willingness of parents to assist in solving the problem 7. Setting or location in which incident occurs 8. Whether offender denies actions or insists on a court hearing 9. Likelihood that a child can be served by agency in the community
The Plea and Plea Bargaining
Plea bargaining involves exchange of concessions for guilty pleas, usually resulting in a reduced charge -90% of all adult defendants plead guilty -Plea bargaining is less common in juvenile courts due to lack of incentive -Plea bargain must be entered into voluntarily and knowingly
Police Work and Delinquency Prevention
Police engage in various forms of prevention: Aggressive law enforcement -Saturation patrols, targeting gang members, arresting gang members for any violations Police in schools -School resources officers, GREAT, DARE, Community Outreach through Police in Schools Community policing -Several initiatives: encourage officers to get out of their cars and do foot or bicycle patrols Problem-oriented policing -Involves systematic analysis and response to problems underlying criminal behavior
Police and Juvenile Offenders
Primary responsibility is protection of public Community policing emphasizes partnerships with the community to address crime problems Juvenile officers operate as specialists or are members of a special unit Role: To intervene when actions of a citizen produce public danger or disorder Qualifications: Have had some general patrol experience A desire to work with juveniles Have a thorough knowledge of the law Undergo special training
Chapter 15 #4 Aside from probation, what are the main community-based alternatives to incarceration?
Privately maintained residences, foster homes, small-group homes, and boarding schools.
The Intake Process
Problems with intake: -Lacks consistency regarding the formal criteria for processing -Legal issues: -Whether the child has a right to counsel -Whether the child is protected against self-incrimination -To what degree the child needs to consent to nonjudicial disposition -Intake dispositions are often determined by the prior record rather than the seriousness of the crime or social background of the child -Race has shown to influence intake decisions
Diversion
Process of placing youths in treatment programs prior to formal processing to avoid stigma and labeling -Choosing youths for diversion program: -First-time nonviolent offenders -Status offenders -Drug or alcohol-dependent youths Critics argue: -"Widening the net" -Ineffective
Due Process in Transfer Proceeding
Pros: -It coincides with the "get-tough" policy -Waiver is superior to alternative methods for handling the most serious juvenile offenders -Its continued use can be attributed to concerns about the most serious and violent youth offenders
Actors in Juvenile Courtroom
Public Defender Services for Children -Three ways to ensure public defense for juveniles: 1. All public defender program 2. Appointed private-counsel system 3. Combination of two The Prosecutor -Responsible for bringing state's case against accused juvenile -Has power to initiate or discontinue delinquency or status offenses cases
Detain
Release or Detain? -After custody and formal petition, decision must be made to release or detain -Detention involves placing juvenile in temporary care of state in a physically restrictive setting -Detention is limited to juveniles who require secure custody for protection of self or others -Dependent, neglected, and abused youths are often housed with status offenders and delinquents in detention -Current efforts seek to remove status offenders from secure detention -A New Jersey study found that ¼ of detained youths were inappropriately detained
Probation Innovations
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
Probation Innovations
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
The Child's Right to Appeal
Restricted to cases involving final order -Appellate process allows juveniles the opportunity to have the court review their case -In re Gault bestowed this right upon juveniles Today, most jurisdictions provide juveniles with some form of appeal: -Direct appeal -Collateral review
Death Penalty for Juveniles
Roper v Simmons (2005) -Found it unconstitutional for juveniles under 18 to be sentenced to death -Found to be a violation of 8th amendment protection against cruel and unusual punishment Past cases addressing this issue: -Thompson v Oklahoma (1988) -Wilkins v Missouri (1989) -Stanford v Kentucky (1989)
Conditions of Probation
Rules and regulations mandating that a juvenile on probation behave in a particular way: -Restitution or reparation -Intensive supervision -Intensive counseling -Participation in a therapeutic program -Participation in an 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 Supreme Court ruled that a juvenile is normally entitled to legal representation and a hearing if cited for a probation violation
The Intake Process
Screening of cases by juvenile court system -Determine whether juvenile court services are needed -Common actions include: -Sending the youth home with no further action -Diverting the youth to a social agency -Petitioning the youth to juvenile court -Detaining the youth -Allows for use of consent decrees without formal adjudication
Disposition
Sentencing phase of juvenile court Decisions based on best interest of the child Predisposition report is critical at this stage -It helps the judge decide which disposition is best -It aids the juvenile probation officer in developing suitable treatment programs -It helps the court develop a body of knowledge about the child that can aid others treating the child Courts have wide discretion at this stage A graduated sanction program: -Immediate sanctions, intermediate sanction, secure care
Kent v. United States (1966)
Set up criteria for waving jurisdiction: -Whether the alleged offense was committed in an aggressive, violent, or willful manner -The sophistication and maturity of the juvenile -The record and previous history of the juvenile -Prospects for adequate protection of the public and the likelihood of reasonable rehabilitation
Police and Juvenile Offenders
Sometimes conflicts can arise when police are dealing w/ juveniles -Primary duty of law enforcement vs. desire to rehabilitate youth -Best interests of child vs. discretion -Attitudes toward police: 1. Race: African American teens rated the police less favorably than all other racial groups 2. Police Contact: Juveniles w/ prior police contact hold less favorable attitudes toward police 3. Victims: Juvenile crime victims are much less likely than adult victims to contact the police -Use of juveniles as informants -True role of juvenile officer exists somewhere between law enforcer and delinquency prevention worker
History of Juvenile Policing
Specialized police services for juveniles is a recent phenomenon Historical development of police organizations Pledge system: -Neighbors protect each other Watch system: -Created to police larger communities Bobbies: -1st organized police force in London, in 1829 Sheriff: -In the American colonies Historical development of working with juveniles Delinquency control squads Law Enforcement Assistance Administration Juvenile police officer
Due Process in Transfer Proceeding
Standards set by state statute -Some allow for youths to be transferred to adult court if they are between the ages of 14 and 17 -Other states restrict waiver proceedings to mature juveniles and specify particular offenses that are eligible for waver -Few states allow transfer of any child, regardless of age Kent vs. US (1966) -States must provide a legitimate transfer hearing -Sufficient notice must be given to the child's family and defense attorney -Child has the right to counsel -There must be a statement of the reason for the court order regarding transfer
Stanford v. Kentucky and Wilkins v. Missouri
Stanford v. Kentucky -Kevin Stanford, 17 yrs & 4 months, repeatedly raped and sodomized Barbel Poore during & after commission of a robbery at a gas station. - Drove to a secluded area near the station, Stanford shot her pointblank in the face, then in the back of the head. Robbery proceeds included 300 cartons of cigarettes, two gallons of fuel, & small amount of cash. - Kentucky juvenile courts conducted hearings and decided he could be transferred for trial as an adult due to seriousness of offenses and past delinquency. - Convicted of murder, 1st degree sodomy, 1st degree robbery, receiving stolen property. Sentenced to death & 45 years in prison. - Court sanctioned the imposition of the death penalty on offenders who were at least 16 at the age of the crime. Wilkins v. Missouri - Heath Wilkins, 16 yrs. & 6 months, stabbed and murdered convenience store worker in process of robbery. -Due to seriousness of crimes and previous delinquency, tried as an adult and sentenced to death. - Court ruled that sentencing minor aged 16 or 17 was not unconstitutional.
Detain
The Decision to Detain: -If the youth in question is believed to be inclined to run away while awaiting trail, he/she is more likely to be detained -Youths are more likely to be detained if they are thought likely to commit an offense that's dangerous to their parent(s) -Minority youths are more likely to be detained, especially if they are from lower-class areas -To detain, there must be clear evidence of probable cause that the child has committed the offense and will flee if not detained
The Petition
The petition is a formal complaint that initiates judicial action against a juvenile charged with delinquency or a status offense -If a child does not admit to any of the facts in the petition, then a date is set for a hearing and a predisposition report will be prepared by the probation department
Future of Juvenile Policing
There are many associated w/ addressing juvenile offenders: -Witness intimidation -Racial profiling -Poor relations w/ communities Future strategies include: -Use of "soft" technologies such as IT systems -Using various forms of surveillance technology such as closed-circuit television (CCTV) -Community-based policing services, police in schools, problem-oriented policing
Chapter 13 #3 What is the purpose of the intake process?
To determine whether the services of the juvenile court are needed.
Secure Corrections
Twentieth-Century Developments 1899: -First juvenile court 1930s: -Civilian Conservation Corps began to emerge -Los Angeles County was the first to use camps -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 the following widespread problems in juvenile justice facilities: -Overcrowding, inadequate health care, lack of security, and poor monitoring of suicidal behavior
Confidentiality in Juvenile Proceedings
Two issues: 1. Open vs. closed hearing -Juvenile proceedings are generally closed to the public -More states are opening proceedings to public -Three US Supreme Court cases: Davis v. Alaska, Oklahoma Publishing Co. v. District Court and Smith v. Daily Mail Publishing 2. Privacy of juvenile records -Juvenile records have historically been kept confidential -However, many states allow records to be opened by court
The Institutionalized Juvenile
Typical resident in juvenile facility: -17 years of age -European American -Male -Incarcerated for average stay of 3 ½ months in a public facility or 4 months in a private facility -Private: Younger -Public: Older, including a small % between 18-21 -Most incarcerated youths 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
Duties of Juvenile Probation Officers
Typically involved at four stages of juvenile process: 1. Intake -Screen complaints and make case decisions: refer the child to agency for service or to the court for judicial action 2. Predisposition -Participate in release or detention decisions 3. Post adjudication -Assist the court in reaching a dispositional decision -Prepare pre dispositional reports containing pertinent, comprehensive information regarding the juvenile 4. 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
In re Winship
When a juvenile is charged with an act that would be a crime, if committed by an adult, every element of the offense must be proved beyond reasonable doubt, not preponderance of the evidence.