Chapter 13 Juvenile Justice.

Chapter 13 Juvenile Justice

Describe the adjudication hearing in juvenile justice.
Describe the disposition hearing and the types of dispositions available to the juvenile court. Identify the types and describe the effectiveness of community-based correctional programs for juveniles. Summarize recent trends in juvenile incarceration. Identify the types and describe the effectiveness of institutional programs for juveniles.

13.1 Historical Development of Juvenile Justice
From a historical perspective, juvenile delinquency and a separate justice process for juveniles are recent concepts. So are the ideas of childhood and adolescence.

juvenile delinquency A special category of offense created for youths—that is, in most U.S. jurisdictions, persons between the ages of 7 and 18.

Historical Development of Juvenile Justice
Before the 16th century, the young were viewed either as property (chattel) or as miniature adults who were expected to assume the responsibilities of adults. Children were also subject to the same criminal sanctions as adults.

* Historical Treatment of Juveniles
During the Middle Ages, English law held that children under the age of 7 had not reached the age of reason and therefore, could not be held liable for their actions. Juveniles were considered to have reached the age of majority at 14. Children could marry at age 14 and even younger with parental permission.

These attitudes changed in the 16th and 17th centuries. Children began to be viewed as corruptible but worth correcting. Colonists brought these new ideas to America.

In colonial America, two mechanisms were employed to teach children who were difficult to handle or needed supervision to learn a trade: The apprenticeship system The binding-out system

apprenticeship system
The method by which middle- and upper-class children were taught skilled trades by a master. binding-out system The practice in which children who were difficult to handle or who needed supervision were “bound over” to a master for care. However, under the binding-out system, masters were not required to teach youths a trade.

Religion was another powerful force that shaped social life in the colonies and was the basis for laws. By the early 1800s, the industrialization of the U.S. changed the family-based system of production and of society, and created problems on a scale previously unheard of.

The Development of Institutions for Youth
In the beginning of the 19th century, American cities were seeing tremendous growth, particularly because of immigration. Immigration, in turn, changed the composition of communities and brought on new institutions for dealing with juvenile delinquency.

The Houses of Refuge Houses of refuge were designed to be institutions where children could be reformed and turned into hard-working members of the community. A child could be committed to a house of refuge by a constable, by a parent, or on the order of a city alderman.

** houses of refuge The first specialized correctional institutions for youths in the United States.

The Houses of Refuge Children in houses of refuge engaged in a daily regimen of hard work, military drills, and enforced silence, as well as religious and academic training. After “reformation,” boys were frequently indentured to masters on farms or to tradesmen, and girls were placed in domestic service.

Placing Out When houses of refuge were not successful, reformers introduced the practice of placing out. placing out The practice of placing children on farms in the Midwest and West to remove them from the supposedly corrupting influences of their parents and the cities.

* Probation Boston shoemaker John Augustus, the “father of probation,” volunteered in 1841 to provide bail for and to supervise minor offenders. His probation program was carried on by the Boston Children’s Aid Society after his death, and later formalized into state law. Probation is the most common disposition for youth that are deemed delinquent. **

Reform Schools, Industrial Schools, and Training Schools
In the late 1800s, houses of refuge were failing, and the number of problem youths was growing. One response was the establishment of reform, industrial, and training schools.

* reform, industrial, and training schools
Correctional facilities for youths, first developed in the late 1800s, that focused on custody. Today, those institutions are often called training schools and although they may place more emphasis on treatment, they still rely on custody and control.

There were two types of institutions: Cottage reformatories Institutional reformatories

Cottage reformatories were usually located in rural areas to avoid the negative influences of the urban environment.

cottage reformatories
Correctional facilities for youths, first developed in the late 1800s, that were intended to closely parallel family life and remove children from the negative influences of the urban environment. Children in those facilities lived with surrogate parents, who were responsible for the youths’ training and education.

Institutional reformatories were also located in rural areas, but were frequently large and overcrowded. Another development was the establishment of separate institutions for girls.

* Reform Schools, Industrial Schools, and Training Schools
The reform, industrial, and training schools placed more emphasis on formal education than did the houses of refuge. In many other respects, there was little difference, and conditions may even have been worse.

The Development of the Juvenile Court
During the late 1800s, a new groups of reformers, the child savers, began to advocate a new institution to deal with youth problems: The juvenile court.

The Social Context of the Juvenile Court
The child saver movement grew up during the Progressive Era, from 1880 to 1920, during which the pace of industrialization, urbanization, and immigration quickened.

The Social Context of the Juvenile Court
Reformers worked to improve jail and reformatory conditions. However, the primary outcome of the child-saving movement was the extension of governmental control over children’s lives.

The Legal Context of the Juvenile Court
By the late 1800s, legal mechanisms for treating children differently and separately from adults had existed for some time. Many child savers believed that criminal courts failed to respond adequately to many of the transgressions of the young.

The doctrine of parens patriae was given judicial endorsement in the case Ex parte Crouse. The court decided that a young girl could be committed to a house of refuge by her mother against the wishes of her father.

parens patriae The legal philosophy justifying state intervention in the lives of children when their parents are unable or unwilling to protect them.

That principle was challenged in People v. Turner (1870), in which the Illinois Supreme Court held that due process protections were necessary. Instead of establishing due process protections, Illinois passed the Juvenile Court Act, creating the first juvenile court.

* Early Juvenile Court In addition to creating the first juvenile court, the Illinois Juvenile Court Act became the model for juvenile court statutes throughout the United States. * The federal government passed the Juvenile Court Act which closely resembled the legislation passed by Illinois. *

The Operations of Early Juvenile Courts
The Juvenile Court Act gave the Chicago juvenile court broad jurisdiction over persons under the age of 16 who were delinquent, dependent, or neglected.

In addition, the act required: The court be overseen by a special judge Hearings be held in a separate courtroom Separate records be kept of juvenile hearings

In practice, the informality of the juvenile court allowed: Complaints to be made by almost anyone Hearings to be held in offices, closed to the public Few records to be kept Sanctions without proof of guilt continued…

Little concern for due process The judge to exercise wide discretion, ranging from giving a warning to placing children in institutions **Informality has been the focus of the juvenile court so that the emphasis would be on the whole child and not on the deviant act. There were other reasons but this was the main justification.

The idea of juvenile court spread rapidly, and most followed the Illinois model. Although the juvenile courts were challenged legally, the courts generally upheld the legality of the system and the principle of parens patriae.

The Legal Environment For the first half of the twentieth century, the U.S. Supreme Court took a hands-off approach to juvenile justice. It was not until the 1960s that the Court began to scrutinize the principles underlying the juvenile justice system. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Legal Reform Years: The Juvenile Court After Gault
The 1960s and 1970s provided the social context for a more critical assessment of juvenile justice. A number of cases helped define juveniles’ rights within juvenile justice.

The first ruling by the U.S. Supreme Court that closely examined the operation of the juvenile courts was Kent v. United States (1966). The court held that due process protections were necessary when juveniles were transferred to criminal court.

Kent v. U.S. (1966) Morris Kent (14 years old) was arrested in Washington D.C. in 1959 and charged with several burglaries and attempted purse snatching. Kent was placed on probation and released. In September, 1961, a person entered a woman’s apartment in Washington D.C., raped the woman, and took her wallet. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Kent v. U.S. (1966) Fingerprints matching Kent were left behind.
Kent, still under court jurisdiction, was taken into custody and interrogated. Kent spoke about the crime and other offenses. After interrogation, Kent’s mother employed legal counsel. The case ended “hands-off” era in juvenile justice. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Kent v. U.S. (1966) Kent was transferred to adult criminal court, without discussion with Kent’s attorney or Kent’s mother, based on psychological and psychiatric exams given to Kent. Kent was tried and found guilty in adult court and sentenced to 5—15 years on each of eight counts of robbery and burglary. Kent’s attorneys appealed, based on lack of hearing regarding the transfer. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Kent v. U.S. (1966) Supreme Court Decision:
Court upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court. Juveniles are entitled to representation by attorneys at such hearings. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Kent v. U.S. (1966) This was the first time the Supreme
Importance of Case: This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

In re Gault (1967) Appeal based on six points
Notice of charges—Gault was not given notice to prepare a reasonable defense. Right to counsel—Gault was not notified of his right to counsel or to have an attorney present at hearing. Right to confront/cross-examine witnesses— Complainant can be required to be present at hearing. Protection against self-incrimination—Gault was never advised he had the right to remain silent, nor that his testimony could be used against him. Right to transcript—Gault’s attorney was not provided with a copy of the transcript to file an appeal. Right to appeal—At time of Gault’s case, Arizona did not provide right to appeal. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

In re Gault (1967) Supreme Court Decision:
U.S. Supreme Court held for Gault based on four of six issues related to due process: Notice of charges Right to counsel Right to confront/cross-examine witnesses Protection against self-incrimination Court rejected the other two issues: Right to transcript Right to appeal CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Until the court’s ruling In re Winship (1970), the standard of proof typically employed at the adjudication stage of the juvenile justice process was a preponderance of evidence.

In re Winship (1970) Winship, age 12, was charged with illegally entering a locker and stealing $112 from a pocketbook. New York judge found Winship delinquent. Judge acknowledged that the evidence might not have been sufficient to establish Winship’s guilt beyond a reasonable doubt (New York law only required a preponderance of the evidence). CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

In Winship, the court held that charges must be proven beyond a reasonable doubt where there is a possibility that a youth could be confined in a locked facility.

The court’s rulings in Gault and Winship not only increased procedural formality in juvenile court cases, but also shifted the traditional focus from the “whole child” to the child’s act. From there, it was a short step to offense-based sentencing and punitive orientation.

In 1971, the court held that juveniles were not entitled to a trial by jury, a decision aimed at maintaining the mission of the juvenile court as treatment.

McKeiver v. Pennsylvania (1971)
Joseph McKeiver, age 16, was charged with robbery, larceny, and receiving stolen property—all felonies in Pennsylvania. McKeiver had been involved with boys who chased three other juveniles and took 25 cents from them. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

McKeiver had no prior arrests. His attorney requested a jury trial but was denied. McKeiver was adjudicated a delinquent. Attorney appealed the adjudication. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Supreme Court Decision: U.S. Supreme Court denied the appeal, holding that jury trials for juveniles were not mandated by the Constitution. Today, approximately 12 states voluntarily provide jury trials for juveniles. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Breed v. Jones (1970) Supreme Court Decision:
U.S. Supreme Court upheld appeal of Jones, pointing to the fact that the double jeopardy clause speaks in terms of “potential risk of trial and conviction— not punishment” and concluded that two separate adjudicatory processes were sufficient to warrant a finding of double jeopardy. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Schall v. Martin (1984) Martin, age 14, was charged with
robbery and weapons possession. He was detained in a secure facility pending adjudication—for almost 2 weeks. Authorities felt that Martin represented a high risk of continued delinquency. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Schall v. Martin (1984) Supreme Court Decision:
U.S. Supreme Court upheld the constitutionality of New York’s statute, ruling that pretrial detention of juveniles based on “serious risk” does not violate the principle of fundamental due process fairness. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Juvenile court procedures are still characterized by an informality that most people would find unacceptable if it were applied to adults in criminal court.

CRITICAL THINKING Should juveniles be granted the same due-process protections as adults in criminal trials? Why or why not? Historically, what do you think was the most significant change in the treatment of juvenile offenders?

13.2 The Processing of Juvenile Offenders
Juvenile delinquency in the U.S. is widespread, and people respond to it both formally (through official agencies of juvenile justice) and informally (through actions of members of the public).

** Offenses Committed by Youth **
Middle-class youth are more likely to commit offenses such as stealing from their family members, cheating on tests, skipping class, and disorderly conduct. Lower-class youth have higher rates of participation in more serious offenses such as felony assaults and robbery.

The Informal Juvenile Justice Process
Many illegal behaviors by juveniles are handled informally by neighbors, business owners, teachers, and others, in an informal juvenile justice process.

informal juvenile justice
The actions taken by citizens to respond to juvenile offenders without involving the official agencies of juvenile justice.

The Informal Juvenile Justice Process
Most youths become involved in the formal juvenile justice process when the people who make up the informal process decide, in their discretion, to involve the police or the juvenile court.

** The Formal Juvenile Justice Process
The police represent the primary gatekeepers to the formal juvenile justice process. 85 percent of delinquency cases referred to the juvenile courts come from police agencies. Status offenses are often referred by others.

status offenses Acts that are not crimes when committed by adults but are illegal for children (for example, truancy or running away from home).

MYTH FACT The commission of serious, violent crime by juveniles is widespread. In 1998, for example, there were 370 arrests for every 100,000 juveniles 10 to 17 years of age for murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault. continued…

FACT If each of those arrests involved a different juvenile (which is very likely), then fewer than 0.5% of all persons aged 10 to 17 in the U.S. were arrested for one of those four crimes in Although many juveniles who commit crimes are not arrested, the fact remains that the vast majority of juveniles do not commit serious violent crime.

The Police Response to Juveniles
Typical responses that police officers employ in handling juvenile cases are: Warn and release Refer to parents Refer to a diversionary program operated by the police or another community agency Refer to court

A number of factors influence the ways police officers handle juvenile suspects: The seriousness of the offense The police organization The community The wishes of the complainant continued…

The demeanor of the youth The gender of the offender The race and social class of the offender

JUSTICE ISSUE Do you think the police, intake officers, and judges should consider extralegal factors such as a youth’s demeanor, the neighborhood in which he or she resides, and the quality of his or her home life, when processing juveniles?

JUSTICE ISSUE According to Howard N. Snyder, Juvenile Arrests 1998, in 1998, females accounted for 27% of all juvenile arrests. The largest percentage of female arrests (58% of the total) was for running away. What do you think the two percentages indicate about female juveniles and crime?

Police Processing of Juvenile Offenders
Although the basis for arresting a juvenile is much the same as for an adult, there are differences: Police can arrest juveniles for a wider range of behaviors. In some jurisdictions, juveniles are “Mirandized” in the presence of a parent or attorney. continued…

Generally, when police arrest a juvenile: They notify the juvenile’s parents, and either ask them to come to the station, or have an officer drive the juvenile home. continued…

*Police Processing of Juvenile Offenders
Sometimes, the juvenile is released to the parents. This is a clear distinction from adult court. Adult offenders will not be released to a parent! The officer uses discretion as to whether or not to complete the complaint. When an officer feels that detention is appropriate, the juvenile is transported to a juvenile detention facility.

In many jurisdictions, juveniles are more likely than adults to be detained pending adjudication.

*Diversion The goal of juvenile diversion programs is to respond to youths in ways that avoid formal juvenile justice processing. Diversion can occur at any stage in the juvenile justice process but usually occurs before adjudication.

**Trends in Police Processing of Juveniles
In recent years, there has been a trend toward more formal processing of juveniles taken into police custody, particularly: Referring more youths to juvenile court Handling fewer cases within police departments Referring more cases to criminal courts

Diversion Diversion programs are based on the understanding that formal responses to youths who violate the law do not always protect the best interests of children or the community.

Diversion Today, diversion strategies are of two basic types:
Strategies based on the idea of radical nonintervention, such as warning and releasing. Strategies designed to involve youths, and possibly parents, in a diversionary program.

radical nonintervention
A practice based on the idea that youths should be left alone if at all possible, instead of being formally processed.

*Detention Sometimes a youth is held in secure detention facility during processing. There are three primary reasons for this practice: To protect the community from the juveniles ** To ensure that the juvenile appears at a subsequent stage of processing To secure the juvenile’s own safety

Intake Screening When the decision to arrest a youth is made, or a social agency such as a school alleges that an offense has occurred, the next step in the juvenile justice process is intake screening.

intake screening The process by which decisions are made about the continued processing of juvenile cases. Decisions might include dismissing the case, referring the youth to a diversion program, or filing a petition.

Intake Screening Possible intake decisions might include:
Dismissing the case Having the youth and parents in for a conference or an informal hearing to collect additional information Referral to a diversion program continued…

Intake Screening Filing a petition
Transfer of the case to criminal court. petition A legal form of the police complaint that specifies the charges to be heard at the adjudication.

Transfer, Waiver, or Certification to Criminal Court
Since the early days of the juvenile court, state legislatures have given juvenile court judges statutory authority to transfer certain juvenile offenders to criminal court.

transfer The act or process by which juveniles who meet specific age, offense, and (in some jurisdictions) prior-record criteria are transferred to criminal court for trial; sometimes called waiver or certification.

The judicial waiver process varies from state to state, but typically prosecutors must show: Probable cause. The youth presents a threat to the community. *** continued…

Existing juvenile treatment programs would not be appropriate. Programs within the adult system would be more appropriate.

Historically, judicial transfer authority has been exercised infrequently. However, from 1988 to 1997, the number of delinquency cases waived by juvenile court increased dramatically.

MYTH FACT Greater use of transfer or expansion of transfer criteria will reduce crime because of the adult sanctions that will be applied. Youths transferred to criminal court are more likely to commit further crimes than similar youths retained in the juvenile justice system. Also, there is no evidence that transfer has any general deterrent effect.

The number of juvenile cases transferred to criminal court in recent years is actually much larger because many jurisdictions allow prosecutors to file certain cases directly in criminal court.

Other developments include: An expansion of the number of transfer mechanisms Simplification of the transfer process in some states, including the automatic waiver of some offenders to criminal court The lowering by some states of the maximum age for juvenile court jurisdiction

The Adjudication Hearing
When a petition is filed at intake and the case is not transferred to criminal court, the next step is adjudication. Preliminary steps include: Filing a petition Setting a hearing date Notifying the necessary parties—the youth, the parents, and witnesses

When charges specified in the petition are contested by a juvenile and the juvenile is represented by an attorney, another critical event often takes place before adjudication: a plea bargain

There are two types of adjudications: Contested Uncontested Similar to a trial. Usually a bench adjudication in which a hearing officer makes a finding of fact. A brief hearing in which the youth admits the charges.

hearing officer A lawyer empowered by the juvenile court to hear juvenile cases.

Recently, a relatively small number of juvenile offenders have been adjudicated in teen courts or youth courts instead of juvenile courts or adult courts.

**The Adjudication Hearing
Teen courts are based on one of four models: Adult judge—An adult serves as judge and rules on legal matters and courtroom procedure. Youths serve as attorneys, jurors, clerks, bailiffs, etc. Youth judge—Similar to the adult judge model, but a youth serves as a judge. continued…

* The Adjudication Hearing
Tribunal—Youth attorneys present the case to a panel of three youth judges, who decide the appropriate disposition for the defendant. A jury is not used. ** Peer jury—This model does not use youth attorneys; the case is presented to a youth jury by a youth or adult. The youth jury then questions the defendant directly.

Most teen courts do not determine guilt or innocence, but serve as diversion alternatives. Common dispositions include: Community service (most common) Victim apology letters Apology essays Teen court jury duty continued…

Drug/alcohol classes Monetary restitution

Disposition Disposition is the juvenile court equivalent of sentencing in criminal court. Disposition An order of the court specifying what is to be done with a juvenile who has been adjudicated delinquent. A disposition hearing is similar to a sentencing hearing in criminal court.

Disposition Some of the options available are: Probation
Placement in a diversion program Restitution Community service Detention Placement in foster care continued…

Disposition Placement in a long-term or short-term residential treatment program Placement with a relative Placement with the state for commitment to a state facility Or a combination of the above

Disposition As part of the disposition, the court also enters various orders regarding the youth’s behavior, and sometimes the behavior of others in the youth’s household. The hearing officer usually relies heavily on a presentence investigation report.

Disposition Because of recent heightened concerns about violent juvenile offenders, many states have legislatively redefined the juvenile court’s mission by deemphasizing the goal of rehabilitation and stressing the need for public safety, punishment, and accountability.

Disposition The philosophical focus has also changed from offender-based dispositions to offense-based dispositions, including: Blended sentences—both juvenile and adult sanctions Mandatory minimum sentences for specific types of offenders Extension of juvenile court dispositions beyond the offender’s age of majority

CRITICAL THINKING Which do you think is a better way to handle juvenile crime—the informal or formal process? Why? What role do you think race and social class play in the handling of juveniles suspected of committing a crime?

13.3 Correctional Programs for Juveniles
Three general types of dispositions are: Dismissal of the case, which is used in a small percentage of cases. The use of a community-based program. The use of an institutional program.

Community-Based Correctional Programs for Juveniles
Among the community-based correctional programs for juvenile offenders are: Diversion Pretrial release Probation Foster care Group home placement Parole

Community-based programs are to accomplish a variety of objectives in addition to controlling offenders: Allowing youths to maintain existing ties with the community Helping youths restore ties and develop new and positive ones with the community (reintegration) continued…

Avoiding the negative consequences of institutional placement Providing a more cost-effective response to offenders Reducing the likelihood of recidivism

**** Probation *** Probation is the most frequently used correctional response for youths who are adjudicated delinquent in juvenile courts.

** Probation Probation officers usually perform four important roles in the juvenile justice process: Performing the intake screening Conducting presentence investigations Supervising offenders Providing assistance to youths placed on probation

Probation A recent trend in juvenile probation is the development of intensive-supervision (probation) programs, which in some jurisdictions involve home confinement.

JUSTICE ISSUE Research indicates that intensive-supervision probation is as effective as institutionalization in reducing recidivism and is far more cost-effective. Can you identify some obstacles to wider use of intensive-supervision probation? What strategies could you envision for overcoming those obstacles?

** Probation ** The use of home confinement employing electronic monitoring of juvenile offenders has some attractive advantages: It eases the problem of detention overcrowding. ** It allows youths to participate in counseling, education, or vocational programs without endangering public safety. continued…

Probation It allows youths to live with supervision in a more natural environment than an institution. It allows court workers to better assess the ability of youths to live in the community under standard probation after they leave the program.

Restitution In practice, there are three types of restitution:
Monetary restitution—The youth pays cash to the victim for harm done. Victim-service restitution—The youth provides some service to the victim. Community-service restitution—The youth provides assistance to a community organization.

Restitution There are some potential problems with juvenile restitution programs: Poorly managed, informal programs with low compliance rates High recidivism rates in some programs Unrealistic restitution orders Net-widening Discretionary abuse

Wilderness Probation (Outdoor Adventure) Programs
Wilderness probation programs involve youths in a physically and sometimes emotionally challenging outdoor experience intended to help them: Develop confidence in themselves Learn to accept responsibility for themselves and others Develop a relationship of trust with program staff

Wilderness Probation (Outdoor Adventure) Programs
Evaluations of several wilderness probation programs have shown that they can produce positive effects, such as increases in self-esteem and a decrease in criminal activity. However, positive effects may be temporary and may not be more than other probation programs.

Day Treatment Programs
Day treatment programs provide treatment or services during the day and allow youths to return home at night. It is believed that they are: Cost-effective Effective at protecting the community Can provide a range of services

Juvenile Justice - Remaining Notes
** Foster Homes Foster homes are out-of-home placements intended to resemble, as much as possible, a family setting. It is usually used by a court when a youth’s home life has been particularly chaotic or harmful. Research has not proven foster placement to be effective, and it may be counterproductive. Notes

**Group Homes** Group homes are open, non-secure community-based facilities used either as an alternative to incarceration or to help youths transition to home. Group homes are generally larger than foster homes, less impersonal than institutions, and less expensive than institutional placements. Juveniles assigned to group homes typically go to school in the home or in that community, and may also work in the community. **

Aftercare Programs Aftercare involves the provision of services to assist youths in successfully making the transition from juvenile institutions to life back in the community. Unfortunately, the quality of many aftercare programs is questionable, and in some cases, youths fail to receive any services after institutional release.

Institutional Programs for Juveniles
A variety of correctional facilities house juveniles within the U.S.: Detention centers Adult jails Shelter facilities Reception and diagnostic centers continued…

*Institutional Programs for Juveniles*
Ranches Forestry camps Farms Training schools Many juveniles can be treated in the community. But some must be confined for some period of time. The main purpose for committing juveniles to detention centers, training schools, boot camps, and shock probation is to protect the community from the juvenile.

MYTH Most of the youths housed in juvenile correctional institutions pose an immediate threat to public safety.

FACT As Jerome Miller notes in his book, Last One Over the Wall: The Massachusetts Experiment in Closing Reform Schools (1991), in Massachusetts only about 25% of youths committed to state correctional facilities had committed offenses against persons. Many of those offenses against persons did not actually involve violence or the threat of physical violence. continued…

FACT Consequently, many youths placed in correctional facilities, including many of those placed for “violent offenses,” do not pose a grave threat to public safety.

Juvenile Correctional Institutions
Institutional programs are the most restrictive placements available to juvenile courts. However, juvenile institutions vary in the extent to which they focus on custody and control.

Secure facilities employ: Open facilities: have no perimeter fencing Leave entrances and exits unlocked rely heavily on staff perimeter fencing barbed wire surveillance devices monitoring of residents’ movements restricting residents’ access to the community

Juvenile correctional institutions vary: Some are public, some are private Many are small—40 residents—some house as many as 800 residents Some are co-ed Detention centers and diagnostic centers are designed for short-term stays continued…

Farms, ranches, forestry camps, and trainings schools are for long-term placements Types of programming and quality of care

Historically, juveniles in institutions have been subjected abuse and inhumane conditions.

Today, the overall quality of institutions has improved, but many of the problems still exist: Lack of adequate living space Security practices that result in juries to residents and escapes Inadequate health care Inadequate mechanisms for controlling suicidal behavior

Recent Trends in Juvenile Incarceration
Recent trends in juvenile incarceration are: Its increased use (at least until recently). The use of both public and private facilities. The disproportionately large percentage of males and racial or ethnic minorities that are incarcerated. continued…

The increasing number of juveniles being incarcerated in local adult jails and state prisons.

MYTH The increasing use of incarceration for juvenile offenders during the past 15 to 20 years is a response to a growing juvenile crime rate, particularly the growing rate of violent juvenile crime.

FACT The overall juvenile crime rate has been quite stable over time, and the violent juvenile crime rate, as measured by index arrest rates (Figure 13-4) did not show a significant increase for 15 years, until 1989, well after the trend toward increased incarceration began. continued…

FACT Moreover, between 1993 and 1997, serious violent crimes by juveniles dropped 33%. This suggests that the increase in juvenile incarceration is not simply a product of the extent or the seriousness of juvenile crime.

MYTH A new type of violent juvenile offender, one for whom violence is a way of life—a “superpredator”—emerged in the late 1980s and early 1990s.

FACT Although evidence indicates that in the early 1990s, after years of stability, juveniles arrest rates for violent crimes broke out of their historic range and increased to a level greater than in previous generations, the evidence also shows that by 1995 arrest rates for juvenile violence had returned to a level comparable to that of a generation ago. continued…

FACT They have not risen markedly since. Ironically, because of the myth of the “superpredator” nearly every state legislature changed its laws making it easier to handle more juveniles as adult offenders.

As juvenile justice in the U.S. enters the 21st century, several important problems remain unresolved: Providing adequate due-process protections to youths at all stages of the juvenile justice process. continued…

Continuing to build on knowledge of effective correctional interventions and developing a range of effective and humane correctional responses, from diversion to institutional aftercare programs. Eliminating the abusive treatment of youths placed in correctional programs. continued…

Working out the appropriate balance between community-based and institutional correctional programs. Conducting rigorous evaluations of juvenile justice agencies and programs. continued…

Recognizing the limits of correctional responses in solving the juvenile crime problem. Working out an appropriate balance between preventing and correcting delinquency.

CRITICAL THINKING Which of the community-based correctional programs described in the chapter (e.g. restitution, wilderness probation, day treatment, etc.) do you think would be most effective at rehabilitating youths? Why? What do you think are the pros and cons of institutional programs for juveniles?

The Problems of Today’s Children
Today’s juveniles face a number of problems, including: Drug and alcohol abuse Violence Gangs Runaways Sexual abuse Other forms of abuse CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

**Problems with Juveniles
All classes of juveniles commit crime. However, middle class youth are more likely to commit offenses such as stealing from family, cheating on tests, cutting class and disorderly conduct. Students of lower class commit serious offenses such as robbery and assaults.

End of Chapter 13

Chapter 13 Juvenile Justice.

Similar presentations

Presentation on theme: "Chapter 13 Juvenile Justice."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Chapter 13 Juvenile Justice.

Similar presentations

Presentation on theme: "Chapter 13 Juvenile Justice."— Presentation transcript:

Similar presentations

About project

Feedback