Presentation on theme: "JUVENILE DELINQUENCY GUIDELINES Building on the Past to Design Future Courts of Excellence."— Presentation transcript:
JUVENILE DELINQUENCY GUIDELINES Building on the Past to Design Future Courts of Excellence
JUVENILE JUSTICE PHILOSOPHY: THE BUILDING BLOCKS Every Segment of Our System is built on BELIEFS Beliefs relate to Values, both Personal and Professional
VALUES We all have them: Individuals Work Groups Our Agency Our State Our Juvenile Justice System
VALUES ARE “DERIVATIVE” WHERE DO THEY COME FROM? Personal Values Family Peers Education (Secular and Religious) Professional Values Colleagues Leaders Professional Education Public Comment Methods of Acquisition: a) Observation b) Experience
THE GREAT ROLE MODEL REFLECTION 1. Who was/is your role model? 2. Who most profoundly influence your professional values? 3. Why?
COLLECTIVELY, VALUES BECOME PHILOSOPHY What are the Components that Constitute Your Philosophy? Most are a Compilation of fact, opinion and belief, or conviction. What is your philosophy of juvenile justice? What is your agency’s philosophy? What about Law Enforcement? Education? Mental Health? Your Community? The Media? Are They Compatible?
WHO’S GOT IT RIGHT? Exercise Write Down 2 Key Elements of your Philosophy. Write 2 Key Elements of Your Agency’s Philosophy. Find 2 or more Similarities. Find 2 or more differences Directions: Discuss in your small group; select a reporter; report your findings to the large group. Findings should include: How to deal successfully with differences. Trainer will look for trends, summarize and interpret responses.
JUVENILE JUSTICE SYSTEM PHILOSOPHY Do we have one? What is it? Where did it come from? How is it changing? Where are we headed?
OUR BACKGROUND AS A SEPARATE TRIBUNAL 1899-CHICAGO, IL HAPPY 107 TH BIRTHDAY, JUVENILE COURT! Birthplace of…….. PARENS PATRIAE Child-Centered Approach Assumption of Parental Incompetence The “Clean and Wholesome Environment” Approach Closely Approximating Parental Care Little Emphasis on Reunification
THE IDEA CAUGHT ON! 25 years later, only 2 states did NOT have separate tribunals based on doctrine of PARENS PATRIAE.
THE LEGAL RIGHTS ERA Search for Consistency &Fairness: Emulation of Adult Criminal System Right to Written Notice of Charges Right to Representation at All Hearings Right against Self-Incrimination Right to Summon Witnesses Speedy Trial
THE ’60’S AND 70’S 1966 Kent v. U.S.: Waiver, Transfer- only with Representation 1967 In Re: Gault: Due Process Rights for Juvenile Offenders 1970 In Re: Winship: Raised burden of proof from Preponderance to “Beyond Reasonable Doubt”
“WINTER OF OUR DISCONTENT” The Search for “Justice” in Juvenile Justice _________________________________ _
’80’s and ’90’s Eras of Children and Children’s Rights First Faded “Accountability”, “Punishment” became Watch- words “Three Strikes” Victims’ Rights, Reparation Restoring the Community Decisions based on Perceived Risk of Re- offending
COMMUNITY PROTECTION Is Lock-up the Answer? Why ? Why Not ?
GUIDELINES LEADING TO BEST PRACTICE 5 Years in the making Publication Committee: 50+ Trial and Appellate Judges, PO’s, national consultants in Juvenile Justice, and Other Systems Professionals Available in hard copy, CD or online. Aspirational Require multi-year Implementation Process
JDG KEY PRINCIPLES EXERCISE 1. Circle those Principles most relevant to you as a professional. 2. Be prepared to discuss what would be required to implement them at home.
16 KEY PRINCIPLES 1. Judicial Leadership: Encourage System Collaboration 2. JJ System Requires Adequate Staff, Facilities, Program Resources 3. 1 Family/ 1 Judge 4. Judicial Status & Length of Assignment
16 KEY PRINCIPLES 5. Court and Staff treat all with courtesy, respect, cultural understanding. 6. Court should ensure expansion of diversion policy & practice. 7. Youth formally charged MUST have qualified counsel.
16 KEY PRINCIPLES 8. Victims’ Services and Access @ All Stages 9. Timely, Just Decisions, without Continuances 10. Engage Family @ All Stages, Including Plan Development 11. Engage School & other Community Support Systems as Stakeholders in EVERY case!
16 KEY PRINCIPLES 12. Individualized Dispositions, using Graduated “Responses” (Sanctions and Incentives) 13. Post-Disposition Review Continuing to Case Closure. 14. Judges hold their Own System, and Stakeholder Systems Accountable 15. Court MIS to Evaluate Performance 16. Court Responsible for Training (both for Individuals & Groups Across Systems)
ADDITIONAL RECOMMENDATIONS Delinquency Status be Limited to Youth Committing Crimes (may include Chronic Status Offenders) Minority to Age 18 Juvenile Court to have Original Jurisdiction Waiver of Right to Counsel Accepted Rarely Use Lowest Level of Intervention Commensurate with Community Safety Conduct Detention Hearings on Saturdays, to minimize unnecessary time in Lock-up
ADDITIONAL RECOMMENDATIONS Utilize Dispute Resolution Alternatives (mediation, victim-offender conferencing, family conflict resolution, NABs, Negotiation. Utilize Assessments for Decision Making at Administrative and Judicial Levels Share Information with Related Agencies (unless prohibited by statute)
EXERCISE You have already circled Principles most relevant to you. Discuss in Small Group Reach Agreement about the Top Four Prioritize Select Reporter to Large Group
NEXT STEPS Discuss Reference Materials at Home Determine Whether or Not Your Court can Pursue Some or All Guidelines We are Ready to Help.