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JUVENILE JUSTICE The Theories Behind the Evolution of the Contemporary Juvenile Justice System.

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Presentation on theme: "JUVENILE JUSTICE The Theories Behind the Evolution of the Contemporary Juvenile Justice System."— Presentation transcript:

1 JUVENILE JUSTICE The Theories Behind the Evolution of the Contemporary Juvenile Justice System

2 WHAT IS JUSTICE ?

3 DISTRIBUTIVE JUSTICE Also Known as Social Justice Also Known as Social Justice Provides that each person in a society share the same values, including power, prestige and possessions (PPP) Provides that each person in a society share the same values, including power, prestige and possessions (PPP) Reality: Not all have equal PPP Reality: Not all have equal PPP Merton views crime as a reaction of the poor who are denied equal access Merton views crime as a reaction of the poor who are denied equal access Underprivileged Youth need more Underprivileged Youth need more Focus is on Retribution “Eye for an Eye” Focus is on Retribution “Eye for an Eye” Retributive Justice seeks revenge for unlawful behavior Retributive Justice seeks revenge for unlawful behavior

4 RESTORATIVE JUSTICE Focuses on repairing the harm done to victims & community by having offenders contribute to the repair of wrong Focuses on repairing the harm done to victims & community by having offenders contribute to the repair of wrong Compared to Retributive Justice, which seeks punishment, Restorative Justice seeks to restore the needs of victim, community and offender Compared to Retributive Justice, which seeks punishment, Restorative Justice seeks to restore the needs of victim, community and offender

5 Mores and Folkways Mala in se Mala in se Immoral acts such as murder and rape Immoral acts such as murder and rape Origin in Mores Origin in Mores Rules governing interaction of people Rules governing interaction of people Natural Law Natural Law Common Law Common Law Stable over time Stable over time Mala prohibita Mala prohibita Prohibited wrongs Ex. Public drinking Prohibited wrongs Ex. Public drinking Origin in Folkways Origin in Folkways Governs socially acceptable behaviors Governs socially acceptable behaviors Man-made laws Man-made laws Statutory Law Statutory Law Changes over time Changes over time

6 PURPOSES OF LAW REGULATE HUMAN INTERACTIONS REGULATE HUMAN INTERACTIONS SUPPORT SOCIAL ORDER SUPPORT SOCIAL ORDER PROTECT THE INTEREST OF SOCIETY PROTECT THE INTEREST OF SOCIETY GOVERN BEHAVIOR GOVERN BEHAVIOR DETER ANTISOCIAL BEHAVIOR DETER ANTISOCIAL BEHAVIOR ENFORCE MORAL BELIEFS ENFORCE MORAL BELIEFS SUPPORT THOSE IN POWER SUPPORT THOSE IN POWER UPHOLD INDIVIDUAL RIGHTS UPHOLD INDIVIDUAL RIGHTS IDENTIFY LAWBREAKERS IDENTIFY LAWBREAKERS PUNISH LAWBREAKERS PUNISH LAWBREAKERS SEEK RETRIBUTION FOR WRONGDOING SEEK RETRIBUTION FOR WRONGDOING

7 CONSENSUS THEORY INDIVIDUALS IN A SOCIETY AGREE ON BASIC VALUES, ON WHAT IS RIGHT AND WHAT IS WRONG INDIVIDUALS IN A SOCIETY AGREE ON BASIC VALUES, ON WHAT IS RIGHT AND WHAT IS WRONG LAWS EXPRESS THESE VALUES LAWS EXPRESS THESE VALUES EMILE DURKHEIM (French Sociologist) EMILE DURKHEIM (French Sociologist) Punishment is a moral process to preserve shared values of society Punishment is a moral process to preserve shared values of society Punishment is a sign that authorities in control Punishment is a sign that authorities in control Crime is an aberration (not normal) Crime is an aberration (not normal) Sees punishment as a way to restore and solidify order Sees punishment as a way to restore and solidify order

8 CONSENSUS THEORY DURKHEIM (Continued) DURKHEIM (Continued) General population is involved in the act of punishing, giving it legitimacy General population is involved in the act of punishing, giving it legitimacy Marked by deeply emotional and passionate reactions to crime Marked by deeply emotional and passionate reactions to crime Anomie: State of normlessness – breakdown of societal norms, ie. American Dream, Family Values Anomie: State of normlessness – breakdown of societal norms, ie. American Dream, Family Values

9 CONFLICT THEORY Rules are established to keep the dominant class in power. Rules are established to keep the dominant class in power. Rooted in Marx and Engels Rooted in Marx and Engels Focus on lawmaking and enforcement Focus on lawmaking and enforcement Protecting the interests of the dominant groups in society Protecting the interests of the dominant groups in society Explains the racial disparities in the AJ Explains the racial disparities in the AJ Inequalities are the result of dominant White majority Inequalities are the result of dominant White majority Explains the overrepresentation of racial and ethnic minorities in arrest, prosecution and imprisonment Explains the overrepresentation of racial and ethnic minorities in arrest, prosecution and imprisonment Capital punishment results of prejudice Capital punishment results of prejudice

10 CONFLICT THEORY Marx sees punishment as a way to control the lower class and preserve the power of the upper class Marx sees punishment as a way to control the lower class and preserve the power of the upper class Conservative approach to the juvenile justice is “get tough on juveniles” Conservative approach to the juvenile justice is “get tough on juveniles” Liberal approach stresses treatment and rehabilitation Liberal approach stresses treatment and rehabilitation

11 CLASSICAL WORLD VIEW Humans have free will and are responsible for their own actions (Cesare Baccaria, 1764 On Crime and Punishment) Humans have free will and are responsible for their own actions (Cesare Baccaria, 1764 On Crime and Punishment) Some choose to commit crime Some choose to commit crime Laws should bring happiness to the majority Laws should bring happiness to the majority Those who break the law should be punished according to penalties established by the law Those who break the law should be punished according to penalties established by the law The focus is on crime The focus is on crime

12 CLASSICAL WORLD VIEW Society functions under a social contract, with individuals giving up certain freedoms Society functions under a social contract, with individuals giving up certain freedoms Delinquency is a result of freewill Delinquency is a result of freewill Advocates harsh and immediate punishment Advocates harsh and immediate punishment Deterrence: Threat of punishment will deter crime Deterrence: Threat of punishment will deter crime Advocates incapacitation as consequence for criminal behavior Advocates incapacitation as consequence for criminal behavior Just Deserts approach Just Deserts approach Conflicts with Parens Patriae Conflicts with Parens Patriae

13 POSITIVIST WORLD VIEW Cesare Lambroso ( ) Father of Criminology Cesare Lambroso ( ) Father of Criminology Criminals are born with predisposition to crime Criminals are born with predisposition to crime Need favorable conditions to avoid criminality Need favorable conditions to avoid criminality Primary cause is biological Primary cause is biological Started people thinking that there were other causes to crime besides freewill Started people thinking that there were other causes to crime besides freewill

14 POSITIVIST WORLD VIEW Humans are shaped by their society and are products of their environmental and cultural influences. Humans are shaped by their society and are products of their environmental and cultural influences. Individual criminal actions are determined not by freewill but by biological and cultural factors Individual criminal actions are determined not by freewill but by biological and cultural factors Purpose of law is to advert revolution and convince masses to accept social order Purpose of law is to advert revolution and convince masses to accept social order Focus is on the criminal Focus is on the criminal

15 POSITIVIST WORLD VIEW Believe that juvenile delinquency is the result of the youth’s biological make-up and life experiences Believe that juvenile delinquency is the result of the youth’s biological make-up and life experiences Advocate community-based treatment to rehabilitate offenders instead of incarceration Advocate community-based treatment to rehabilitate offenders instead of incarceration Youth should not be labeled and punished as criminals Youth should not be labeled and punished as criminals Determinism: Human behavior is the result of multiple environmental and cultural influences Determinism: Human behavior is the result of multiple environmental and cultural influences

16 CAUSES OF CRIME AND DELINQUENCY OVERVIEW

17 BIOLOGICAL THEORIES Researchers find that some biological factors are found more frequently in criminal types than non-criminals Researchers find that some biological factors are found more frequently in criminal types than non-criminals Theories include Physiognomy, Phrenology, Body Type, and Heredity Theories include Physiognomy, Phrenology, Body Type, and Heredity

18 Physiognomy Studies Assigns character traits to physical features, especially facial features. Assigns character traits to physical features, especially facial features. Middle Age Law regarded uglier people to be criminal types Middle Age Law regarded uglier people to be criminal types Body Types of Criminals: Body Types of Criminals: Large, predominate crooked noses Large, predominate crooked noses Abnormal ears Abnormal ears Lantern jaws Lantern jaws High cheekbones, Large Lips High cheekbones, Large Lips Higher Sex Drives Higher Sex Drives Lower intelligences Lower intelligences Large Body Types Large Body Types Abnormal amounts of body hair Abnormal amounts of body hair

19 Phrenology Studies the shape of the skull to predict intelligence and character Studies the shape of the skull to predict intelligence and character Approached used by Cesare Lombroso in recognizing anomalies at birth Approached used by Cesare Lombroso in recognizing anomalies at birth Anomalies do not cause crime but indicate a predisposition to crime. Anomalies do not cause crime but indicate a predisposition to crime.

20 Body Type Theories Endomophic: soft, fat, easygoing Endomophic: soft, fat, easygoing Mesomorphic: athletic, muscular, aggressive Mesomorphic: athletic, muscular, aggressive Ectomorphic: thin, delicate, shy, introverted Ectomorphic: thin, delicate, shy, introverted

21 HEREDITY STUDIES Twin studies show that identical twins tend to criminal records together Twin studies show that identical twins tend to criminal records together Twin that has been adopted has a tendency toward crime more if biological father had criminal record. Twin that has been adopted has a tendency toward crime more if biological father had criminal record. Influenced by genetics and environmental factors Influenced by genetics and environmental factors

22 PSYCHOLOGICAL THEORIES Focus on intelligence and psychoanalysis Focus on intelligence and psychoanalysis Criminals are morally insane Criminals are morally insane Do not perceive criminal behavior as wrong Do not perceive criminal behavior as wrong Personality developed in early childhood Personality developed in early childhood Future Behavior determined in early childhood Future Behavior determined in early childhood Later sociological and environmental associations do not change early behavioral development Later sociological and environmental associations do not change early behavioral development Certain personality types have no impulse control Certain personality types have no impulse control Criminal Families occur over generations Criminal Families occur over generations Mental and moral degeneration cause crime Mental and moral degeneration cause crime

23 PSYCHOLOGICAL THEORIES Goddard ( ) Criminals may not be biologically inferior, but tend to intellecturally inferior Goddard ( ) Criminals may not be biologically inferior, but tend to intellecturally inferior Sigmund Freud ( ) Personality imbalances result from abnormal emotional development Sigmund Freud ( ) Personality imbalances result from abnormal emotional development Problems arise from fixation or regression to the phallic stage (3 – 6 years) Problems arise from fixation or regression to the phallic stage (3 – 6 years) Unresolved oedipal or electra complex: superego unable to control the id. Unresolved oedipal or electra complex: superego unable to control the id.

24 SOOCIOLOGICAL THEORIES Lack of education Lack of education Poverty-level income Poverty-level income Poor Housing Poor Housing Slum Conditions Slum Conditions Home and Family Conflict Increases Risk for Crime Home and Family Conflict Increases Risk for Crime Low Achievement Expectations Low Achievement Expectations Continuous Lawbreaking causes individual to become part of a subculture that advocates crime and violence as a way to achieve goals or solve problems Continuous Lawbreaking causes individual to become part of a subculture that advocates crime and violence as a way to achieve goals or solve problems Behavior is learned Behavior is learned

25 ECOLOGICAL MODEL Robert Park, sociologist, U of Chicago Robert Park, sociologist, U of Chicago Compared growth of cities to nature Compared growth of cities to nature Several stages of growth Several stages of growth Biotic Balance where relations between different species of plants and necessary conditions for survival maintain equilibrium can survive and proper Biotic Balance where relations between different species of plants and necessary conditions for survival maintain equilibrium can survive and proper Have mutual beneficial relationship = symbiosis Have mutual beneficial relationship = symbiosis What happens when other species of plants enter this environment? What happens when other species of plants enter this environment?

26 Social Disorganization Theory Shaw and McKay, sociologist conducted study on 25,000 youth between Shaw and McKay, sociologist conducted study on 25,000 youth between Found intecity zones had highest rates of crime Found intecity zones had highest rates of crime Suggested that social conditions predicted juvenile delinquency Suggested that social conditions predicted juvenile delinquency Gang membership was a normal response to social conditions Gang membership was a normal response to social conditions Contended that urban areas produced delinquency directly by weakening community controls and generating a subculture of delinquency passed on from one generation to another Contended that urban areas produced delinquency directly by weakening community controls and generating a subculture of delinquency passed on from one generation to another

27 Social Disorganization Theory Low economic status Low economic status Residential mobility Residential mobility Ethnic heterogenity Ethnic heterogenity Family Disruption Family Disruption LEAD TO LEAD TO Fewer Friendship Networks Fewer Friendship Networks Lower Supervision of Youth Groups Lower Supervision of Youth Groups Lower Organizational Participation Lower Organizational Participation WHICH LEAD TO CRIME AND DELINQUENCY

28 FUNCTIONALISM Harvard Sociologist Parsons ( ) Harvard Sociologist Parsons ( ) Crime is a natural part of society Crime is a natural part of society Without Crime we would not need laws, lawyers, police officers, courts, judges, jails Without Crime we would not need laws, lawyers, police officers, courts, judges, jails

29 ANOMIE OR STRAIN THEORY Building on Parson’s theory, Robert Merton ( ) saw conflict between cultural goals of US and our social structure Building on Parson’s theory, Robert Merton ( ) saw conflict between cultural goals of US and our social structure Borrowed from Durkheim’s concept of anomie Borrowed from Durkheim’s concept of anomie Merton’s premise: Crime does not result from flaws, failures or free choices of individuals, but we must consider the sociocultural environments in which people are located Merton’s premise: Crime does not result from flaws, failures or free choices of individuals, but we must consider the sociocultural environments in which people are located The American Dream The American Dream

30 LEARNING THEORIES Sutherland and Cressy in Principles of Criminology Sutherland and Cressy in Principles of Criminology Criminal behavior is learned in interaction with others Criminal behavior is learned in interaction with others Learning occurs within intimate personal groups Learning occurs within intimate personal groups Process of learning occurs by association Process of learning occurs by association Person becomes deliquent because of excess of definitions that are favorable in breaking laws Person becomes deliquent because of excess of definitions that are favorable in breaking laws

31 LEARNING THEORIES Differential Association Theory Differential Association Theory Explains learning theory and prevention concepts of positive reinforcement, negative reinforcement, extinction, punishment, and modeling or imitation Explains learning theory and prevention concepts of positive reinforcement, negative reinforcement, extinction, punishment, and modeling or imitation

32 LABELING THEORY George Herbert Mead ( ) George Herbert Mead ( ) Humans act towards things on the basis of the meanings the things have for them Humans act towards things on the basis of the meanings the things have for them The meanings of things arises out of social interaction The meanings of things arises out of social interaction Meanings are handled in and modified through an interpretive process people use to deal with things they encounter Meanings are handled in and modified through an interpretive process people use to deal with things they encounter

33 LABELING THEORY Primary Deviance = Initial Criminal Act Primary Deviance = Initial Criminal Act Secondary Deviance = Accepting the criminal label and consequently committing other criminal acts Secondary Deviance = Accepting the criminal label and consequently committing other criminal acts

34 Juvenile Justice Terminology vs Adult Criminal Terminology Adult Court Adult Court Arrest Arrest Trial Trial Conviction Conviction Plea Bargaining Plea Bargaining Sentencing Sentencing Jail Jail Incarceration Incarceration Prosecutor Prosecutor Defendant Defendant Probation Probation Parole Parole Juvenile Court Taken into Custody Adjudicatory Hearing Adjudication Adjustment Disposition Detention Commitment Petitioner Respondent Probation After Care

35 FUNNEL EFFECT Describes how fewer and fewer youths are processed through the JJS Describes how fewer and fewer youths are processed through the JJS Illustrates the crucial role of law enforcement, schools and parents in the JJS and process Illustrates the crucial role of law enforcement, schools and parents in the JJS and process Example page 65 Example page Juvenile arrest to: 500 Juvenile arrest to: 354 referred to JC 354 referred to JC 101 informally handled and released 101 informally handled and released 35 referred to Criminal Court 35 referred to Criminal Court 6 referred to other police Depts. 6 referred to other police Depts. 4 referred to Welfare 4 referred to Welfare

36 FUNNEL EFFECT Serious Habitual Offender Comprehensive Action Program Serious Habitual Offender Comprehensive Action Program Schools and police are fundamental to control of delinquency Schools and police are fundamental to control of delinquency Except for parents, schools and police have more contact w/ youth than anyone else Except for parents, schools and police have more contact w/ youth than anyone else JJS is irrelevant to the prevention and diversion of delinquency because police are not a significant part of JJS JJS is irrelevant to the prevention and diversion of delinquency because police are not a significant part of JJS Contact and information could be shared between parents, school and police are key to effectiveness of JJS Contact and information could be shared between parents, school and police are key to effectiveness of JJS

37 Agencies Coordinated by the U.S. Dept. of Justice U. S. Department of Justice Bureau of Justice Statistics (BJS) National Institute of Justice (NIJ) Office of Juvenile And Delinquency Prevention (OJJDP) National Institute for Juvenile Justice and Delinquency Prevention Office for Victims of Crime (OVC) Office of Justice programs


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