Presentation on theme: "Juvenile Corrections: End of an Era?"— Presentation transcript:
1Juvenile Corrections: End of an Era? Chapter 16Juvenile Corrections:End of an Era?
2A Brief HistoryThe English and American juvenile justice systems use the doctrine of parens patriae.Latin term that refers to the state as guardian of minors and incompetent peopleHistorically, juvenile offenders in England were confined with adults.In 1704, John Howard introduced a Roman institutional model for juvenile offenders.American colonists brought his ideas to the new world.Reformers tailored Howard’s ideas to create houses of refuge, reform schools, and industrial schools for juveniles.
3A Brief History – Continued In 1825, the first legally chartered American custodial institution for juvenile offenders, the New York House of Refuge, was established by penal reformer Thomas Eddy, education reformer John Griscom, and the Society for the Prevention of Pauperism.The Lyman School, the first state-sponsored reform school, opened in Massachusetts in 1848.Reform School – a penal institution to which especially young or first-time offenders are committed for training and reformation
4The Juvenile CourtPeople ex rel. O’Connell v. Turner (1870)– the Illinois Supreme Court began the movement toward creating a separate juvenile courtThat movement came to fruition in 1899, when the Illinois legislature established the nation’s first juvenile court in Cook County (Chicago)
5Juvenile Euphemisms Delinquents Taken into custody Petition is filed Held on petitionAdjudicatory hearingFindingDispositionAdjudicatedTraining schoolAftercareCriminalsArrestedCharge filedIndictedTrialVerdictSentenceConvictedPrisonParole
6Landmark CasesKent v. United States (1966) – in cases involving transfer of jurisdiction, juveniles are entitled to certain essential due process rights, such as a hearing, an attorney, access to records, a written statement of reasons for the transferIn re Gault (1967) – juvenile offenders have the right to reasonable notice of charges, appointed counsel, question witnesses, and protection against self-incrimination
7Landmark Cases – Continued In re Winship (1970) – the guilty beyond a reasonable doubt standard should be required in all delinquency adjudicationsMcKeiver v. Pennsylvania (1971) – the due process clause of the Fourteenth Amendment does not require jury trials in juvenile courtBreed v. Jones (1975) – the double jeopardy protection applies to juvenile adjudication proceedingsShall v. Martin (1984) – preventive detention may be used for juveniles
8Juvenile CrimeDelinquent offenses - acts committed by juveniles that, if committed by adults, could result in criminal prosecutionStatus offenses - acts that are law violations only for juveniles such as running away, truancy, or ungovernabilitySometimes referred to as incorrigibility or being beyond parental control
9The Juvenile Justice Process The three phases of the juvenile justiceprocess are:IntakeAdjudicationDisposition
10Intake The first stage of the juvenile justice process. A court-appointed officer reviews the case and recommends a course of action—dismissal,informal disposition,formal disposition, ortransfer to adult criminal court
11DetentionDetention Hearing – a judicial review of the intake officer’s detention decisionJuvenile detention facility – a facility for keeping juvenile offenders in secure custody, as necessary, through various stages of the juvenile justice processGuardian Ad Litem – a person appointed by the juvenile court, often defense counsel, to serve as a special guardian for the youth being processed through the juvenile justice system
12AdjudicationThe process by which a court arrives at a final disposition in a case; also the second stage in the juvenile justice processThe court decides whether the offender is formally responsible for (guilty of) the alleged offenseEquivalent to the trial in adult criminal cases
13DispositionThe third stage of the juvenile justice process in which the court decides the disposition (sentence) for a juvenile caseEquivalent to the sentencing of an adult offenderPredisposition report – a report that documents (1) the juvenile’s background; (2) educational history; (3) information gathered from interviews with the juvenile, family members, and others; (4) available placement options; and (5) recommended dispositions
14Types of Dispositions Probation Commitment to group homes A non-secure residential facility for juvenilesResidential treatmentA residential facility that provides intensive treatment services to juvenilesBoot campJuvenile correctional institutionsBlended sentencingA two-part (juvenile and adult) sentence in which the adult sentence may be waved if the offender complies with all provisions of the juvenile sentence
15Evidence-Based Practice and Juvenile Corrections Few studies have focused on reducing recidivism among juvenile offendersMost effective strategy for treating and rehabilitating juvenile offendersPrevention programmingContinuum of pre-trial and sentencing placement optionsServices and sanctionsAftercare programsAn example is the approach used by the California Division of Juvenile Justice (DJJ)
16Transfer Juveniles may be transferred to adult court under one of three provisions:Waiver Provisions – the juvenile court orders transfer of the case to adult criminal courtDirect File Provisions – the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal courtStatutory Exclusion Provisions – the adult criminal court jurisdiction for certain juvenile cases is established by state law
17Juvenile Correctional Facilities Juvenile corrections functions are placed in various state agencies by the different states.Operating budgets for the agencies ranged from $642 million (Florida) to about $10 million (North Dakota).Nationwide, the number of delinquency cases involving detention increased 42 percent between 1985 and 2002, from 231,400 to 329,800.
18Teen CourtsCourts in which youths adjudicate and impose disposition for a juvenile offenseAlso called peer and youth courtsHave become a popular alternative to the traditional juvenile court for young or first-time offenders
19Four Models of Teen Courts The Adult Judge model – an adult serves as judge and youth serve as attorneys and court staffThe Youth Judge model – parallels the Adult Judge model, with the exception that a youth serves as judgeThe Tribunal model – youth attorneys present the case to a panel of three youth judgesThe Peer Jury model – uses no attorneys; the case is presented to the jury by a youth or adult and the jury questions the defendant
20Youth GangsGang: a criminal enterprise having an organizational structure, acting as a continuing criminal conspiracy, that employs violence and any other criminal activity to sustain itselfYouth gang: a gang whose membership is generally comprised of people between the ages of 12 and 24Street gang: an organized group of people on the street often engaged in significant illegitimate or criminal activity