Part I INTRODUCTION

Chapter 1 Juvenile Justice: An Overview

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Outline What Is the Background of Juvenile Justice In the United States? How Did the Juvenile Court Develop? What Is the History of Juvenile Confinement? How Did Probation Develop? What Is the History of Aftercare? What Are the Historical Themes of Juvenile Justice? Discovering the Child Increased Authority of the State Reform and Retrenchment Get Tough and Go Soft Approaches Threat of the Dangerous Poor The Unsolvable Nature of Juvenile Crime

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Outline (cont.) What Are the Juvenile Justice Agencies and Functions? The Police The Juvenile Courts Corrections Departments How Are Juvenile Offenders Processed? What Are the Most Widely Held Philosophies and Strategies on Correcting Juveniles? The Treatment Model The Justice Model The Crime Control Model The Balanced and Restorative Justice Model Comparison of Four Models

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved To retrace the journey of juvenile justice in the United States 2. To reveal the historical themes that guided the development of juvenile justice in the United States 3. To present the structure and procedures of juvenile justice agencies in the nation 4. To examine the various philosophies and strategies for correcting juvenile offenders Objectives

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is the juvenile justice system? What does it do?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Responsible for controlling and correcting the behavior of troubled juveniles

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Review definitions of childhood (p. 4):  Fifth century A.D.: Age 7 determined whether youths would be exempted from criminal responsibility under certain conditions.  Youth age 12 (girls) and 14 (boys) were held responsible for their socially unacceptable behaviors.  England: Children are between ages 7 and 14; their responsibilities were determined by the severity of the crime, maturity, capacity to distinguish between right and wrong, and evidence of blatant malice.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved How were juveniles handled by society before the founding of the juvenile court?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 Hints (pp. 5–6):  Puritan times  Beginnings of industrialization  Urbanization

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Which juveniles were targeted before the founding of the juvenile court and why? Who engineered the founding of the court, and what philosophy did they follow?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 Hints (pp. 5–9):  Immigrants and the poor  Juveniles treated as adults  Middle- and upper-class female reformers  Positivist school

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Describe the early juvenile court.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 Hints (pp. 6–9):  Cook County, 1899  Informal basis  Judge as father figure  Needs of child

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What was the thinking behind the development of the first houses of refuge?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 Hints (pp. 9–10):  Industrialization  Changes in family and community  Urbanization  Existing jails and prisons  Family model (develop fully)  Internal organization and discipline

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved When were reformatories developed, and what were their goals?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 Hints (pp. 10–11):  Mid nineteenth century  Schooling and labor

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Describe the cottage system.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Hints (p ):  Rural values  Rural areas

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Describe the history of juvenile probation up to the present.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 Hints (pp. 11–12):  John Augustus  First regulation by statute  Juvenile court era  National Association of Probation Officers  Post-WWI  Original probation theory  New mission in 1990s

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is the definition of aftercare? Describe its history.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Hints (pp. 12):  Aftercare is focused on how to best deal with the problems of youthful offenders after their release from a juvenile facility.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25  History : First juvenile institutions placed juveniles Professionals––early 1900s Underdeveloped today

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the historical themes of juvenile justice? Discuss each.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27 Discovering the child Increased authority of the state Reform and retrenchment Get tough and go soft approaches Threat of the dangerous poor The unsolvable nature of youth crime

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 Discovering the child For most of history, the special needs of juveniles were never considered Subsistence living in the earliest societies required children to take on whatever productive roles necessary Members of society began to debate children’s “age of responsibility”

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Increased authority of the state  At first, the family was solely responsible for its children.  The state began to step in after the colonial period.  Parens patriae doctrine adopted from England—right of the Crown to intervene in family affairs.  Divorce, dysfunctional families, abuse, and neglect require attention that likely will keep the state involved.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 Reform and retrenchment  Describe the cycle of reform and retrenchment.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31 Hints:  We cannot make up our minds.  Thomas J. Bernard

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 Get tough and go soft  Describe each and the approaches used with each.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 Get tough  Serious offenders  Punishment  Purposeful activity

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Go soft  1960s  Least restrictive  Status offenses  Keep out of system  Procedural safeguards

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 35 Threat of the dangerous poor  Describe who the dangerous poor were (are).

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 36 Hints (p. 15):  Late 1800s  Poverty  Race

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 37 What is meant by the Unsolvable Nature of Youth Crime?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 38 Hints (pp. 15–16):  Unlimited progress  Eliminate long-standing problems  Tried same things over and over  History of cure-alls

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the juvenile justice agencies?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 40 Hint (pp.16–18):  The police, the juvenile court, and corrections make up the three subsystems.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the functions of each of the agencies?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 42 Hint (p. 16):  Police: Basic responsibility is to enforce the law and maintain order

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 43 Hint (p. 16):  Juvenile courts: Dispose of cases referred to them by intake divisions of probation departments, make decisions, deal with child neglect and dependency cases, and monitor the performance of juveniles who have been adjudicated delinquent or status offenders

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 44 Hint (p ):  Corrections: Responsible for the care of juvenile offenders sentenced by the courts

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Describe the differences between the juvenile and adult justice systems.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 46 Hints:  Focus on practice, Box 1.3, p. 18  Similarities  Common ground

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 47 Identify and discuss the specific points on which the juvenile and adult justice systems usually are compared.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 48 Hints (p. 17):  Operating assumptions  Prevention  Law enforcement  Intake-prosecution  Detention––jail/lockup  Adjudication––conviction  Disposition––sentencing  Aftercare––parole

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Describe what happens at each stage of juvenile justice processing.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 50 Hints (p. 19):  Diversion  Exclusion  Prosecution  Intake  Adjudication  Disposition  Placement

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the different philosophies used in juvenile justice?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 52 Hint (pp. 20–26):  Four models: The treatment model, the justice model, the crime model, and the balanced and restorative model

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 53 Hint (pp ):  What are the assumptions of the treatment model? How does the treatment model work?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 54 Treatment model: Based on the belief that the basic mission of juvenile justice is to rehabilitate youthful offenders. It also proposes that the legal definition of delinquency should be broad and that victimless crimes and status offenses, as well as crimes against victims, should remain on the books.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 55 Hint (pp. 22–23):  What are the assumptions of the justice model? How does it work?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 56 Justice model: Both juvenile and adult offenders are volitional and responsible human beings and deserve to be punished by the law. The punishment they receive must be proportionate to the seriousness of the offense.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 57 Hint (pp. 23–24):  What are the assumptions of the crime control model? How does it work?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 58 Crime control model: Emphasizes punishment as the remedy for juvenile misbehavior. The crime control model holds that the first priority of justice should be to protect the life and property of the innocent.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 59 Hint (pp. 24–25):  What are the assumptions of the balanced and restorative justice model? How does it work?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 60 Balanced and restorative justice model: Mission is to develop a community-oriented approach to the control of offenders rather than relying solely on either punishment by confinement or individual rehabilitation through counseling.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 61 In the balanced and restorative justice model, what are the new roles of the victim, community, and offender?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 62 Victim––active participation in defining the harm of the crime and shaping the obligations placed on the offender Community––responsible for supporting and assisting victims, holding offenders accountable, and ensuring opportunities for offenders to make amends Offender––active participation in reparation and competency development