CRM 105-800 CRM 105 Online
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This 7 page Class Notes was uploaded by Sydney Kaydo on Tuesday February 9, 2016. The Class Notes belongs to CRM 105 Online at University of North Carolina - Wilmington taught by Dr. Randy LaGrange in Winter 2016. Since its upload, it has received 11 views.
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Date Created: 02/09/16
Chapter 15: Juvenile Justice Youth Crime in the United States 1.3 million arrests of juveniles occur each year o 59,000 of which are for violent crimes Youth crimes range from UCR Index Crimes (murder, rape, robbery, assault) to “youthful crimes” (curfew violations, loitering, running away) Most juvenile cases are committed by young men, but young women make up an increasing percentage of juveniles appearing in court Explanations behind the rise in youth crime: o “Cohort” approach arguing that during the 1980s the increase in violence was due to an increase in the prevalence of exceptionally violent individuals (“super predators”) o Environmental factors influenced the rise, the impact of the drug trade and the direct relation to increased gun control use Drug use by juveniles has greatly affected the juvenile justice system Youth gangs The Development of Juvenile Justice th Late 19 century: state should act as a parent would in the interest of the child 1960s: Supreme Court ushered in the juvenile rights period 1980s: juvenile system shifted to focusing on controlling youth crime Idea that children should be treated differently came from common law in England o <7 = incapable of felonious intent not criminally responsible o 714 = could be held accountable only if it could be show that they understood the consequences of their actions o parens patriae: the state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves LOOK AT TABLE 15.1 ON PAGE 471 The Puritan Period (16461824) o Massachusetts Stubborn Child Law Imposed the view that the child was evil Emphasized the need of the family to discipline & raise Those who wouldn’t obey parents were dealt with by law The Refuge Period (18241899) o Reformers focused their efforts on the urban immigrant poor declare parents “unfit” if children roamed the streets = “out of control”’ o Believed children whose parents did not discipline and train them to abide by the rules end up in prison o State used power to prevent delinquency o Developed Institutions: House of Refuge of New York: Opened in 1825 Halfprison/ halfschool Orphaned children and those convicted of crime Placed in these houses by court order b/c of neglect or vagrancy Stayed until they were “legal adults” Reform Schools: Provided discipline and education in a “homelike” atmosphere Lyman School for Boys: o Westboro, Mass (1848) o Similar school for girls in 1855 Despite these institutions, children could still be arrested and ultimately sent to prison The Juvenile Court Period (18991960) o The problem of juvenile criminally became the focus of attention o Progressive reformers pushed for the state to provide individualized care and treatment to deviants of all kinds o Urged for probation, treatment, indeterminate sentences o “Child savers” sought to use the power of the state to save children from a life of crime Wanted a separate juvenile court system that could address the problems of individual youths o Juvenile Court Act—Illinois (1899): The act had four major elements: A separate court for delinquent, dependent, and neglected children Special legal procedures that were less adversarial than those in the adult system Separation of children from adults in all portions of the justice system Programs of probation to assist the courts in deciding what the best interest of the state and the child entails o Activists: Jane Addams Lucy Flower Julia Lathrop o While the creation of the juvenile court was a positive development for juveniles in general, some criticize the tendency for reformers to hold different for girls and boys E.g. girls prosecuted for promiscuity boys rarely charged for this The Juvenile Rights Period (19601980) o Lawyers and scholars began to criticize the extensive discretion given to juvenile justice officials o U.S. Supreme Court expanded the rights of juveniles o Kent v. United States (1966) Juveniles had the right to counsel In re Gault (1967): extended due process rights to juveniles In re Winship(1970): the standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings The court was not willing to give juveniles every due process right… McKeiver v. Pennyslvania (1971): juveniles do not have a constitutional right to a trial by jury but… Breed v. Jones (1975): juveniles cannot be found delinquent in juvenile court without a hearing on the transfer; to do so violates the protection against double jeopardy Another area of change concerned status offenses: Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult Juvenile Justice and Delinquency Prevention Act included provisions for taking status offenders out of correctional institutions The Crime Control Period (19802005) o Greater attention began to be focused on repeat offenders calling for harsher punishment for juveniles o Schall v. Martin (1984): juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action o Crime control polices resulted in many more juveniles being tried in adult courts The “Kids Are Different” Period (2005Present) o Roper v. Simmons: Court ruled that executions were unconstitutional for crimes committed by those younger than 18 years of age o Emotional and intellectual development plays a role in how juveniles understand particularly with regard to their rights during police questioning o Waiver: procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal act o Courts are beginning to focus on the use of life without parole (LWOP) for juvenile offenders o In Miller v. Alabama, the majority ruled that juveniles cannot be subject to a mandatory LWOP sentence for homicide offenses o The juvenile system looks a lot more like the adult justice system, but it’s less formal The Juvenile Justice System Characterized by two key factors: o The age of clients o The categories of cases under juvenile instead of adult court jurisdiction Age of Clients o Upper age litht for original juvenile court jurisdiction varies: 18 bday = 38 states & District of Columbia 17 bday = 10 states 16 bday = 2 states Categories of Cases Under Juvenile Court Jurisdiction o Four types of cases: Delinquency Status offenses Neglect Dependency o Delinquent: A child who has committed an act that if committed by an adult would be a criminal act Auto theft, robbery, assault 1.6 million cases each year Males = most frequent in court o Status offenders: Not violated a penal code Charged as runaways, truants, or PINS: persons in need of supervision—designates juveniles who are either status offenders or thought to be on the verge of trouble Females make up 42% of cases o Neglected child: A child who is receiving inadequate care because of some action or inaction of his or her parents. o Dependent child: A child who has no parent or guardian or whose parents cannot give proper care. o Stats: 75% = Delinquency cases 1/5 of these are status offenses 20% = Neglect and dependency cases 5% = Special proceedings (adoption) The Juvenile Justice Process Philosophy that police, judges, and correctional officials should focus on primarily on the interests of the child Juvenile justice is a bureaucracy based on an ideology of social work. Look at figure 15.4 on page 482 Police Interface o Many police departments have special juvenile units o Officer is often trained to relate to youths Serves as an important link between the police and other community institutions o Police must make 3 major decisions with regard to processing juveniles: Whether to take the child into custody Whether to request that the child be detained following apprehension Whether to refer the child to court o Several key factors influence how the police dispose of a case: The seriousness of the offense The willingness of the parents to cooperate and to discipline the child The child’s behavioral history as reflected in school and police records The extent to which the child and the parents insist on a formal court hearing The local political and social norms concerning dispositions in such case The officer’s beliefs and attitudes Intake Screening at the Court o Processing of delinquency cases begins with a referral in the form of a petition o Diversion: the process of screening children out of the juvenile justice system without a decision by the court Pretrial Procedures o Juveniles are informed of their rights and told that if a plea is given it must be voluntary o Detention hearing: determines if a juvenile is to be detained or released prior to adjudication o The conditions in many detention facilities are bad and abuse is often reported o 2003 Baltimore = new detention center opened called “monstrosity” Transfer (Waiver) to Adult Court o First decision should this be transferred to the adult justice system? o 29 states = certain VIOLENT crimes, murder, rape, and armed robbery are excluded from juvenile jurisdiction o 1970s # of cases transferred increased dramatically o One result of the increased use of the waiver was that more juveniles were being sent to adult state prisons Use to decrease, so did the above Adjudication o Adjudication: the trial stage of the juvenile justice process o Look at table 15.2 on page 487 o Prosecutors advise intake officer, administer diversion programs, negotiate pleas, and act as an advocate during judicial proceedings o Proceedings and records are traditionally closed to the public = protect privacy Disposition o Hearing to decide what action should be taken o Besides dismissal, four other choices: Probation Intermediate sanctions Custodial care Community treatment Corrections o Resemble adult corrections Both mix rehab and retributive sanctions o Differences from adult system stem from the parens patride concept o One predominant aim of juvenile corrections avoid unnecessary incarceration Treatment is believed to be more effective when the child is living in a normal, supportive home environment Probation o 57% of cases = placed on probation and released to parent/guardian o Juvenile probation operates in much the same way that adult probation does, except… Juvenile probation officers have smaller caseloads Juvenile officer infuse with a sense that the offender can change job is valuable/enjoyable Intermediate Sanctions o Account for 15% of cases o Judges suspend judgment—judge holds off on a definitive judgment Custodial Care o 28% are placed in public or private facilities (girls less likely than boys) o Research suggests that juvenile court actors have biased perceptions of minority juveniles youths receive severer treatment o Institutions are classified as either nonsecure or secure: Nonsecure: foster homes, group homes, camps, ranches, or schools—include a significant number of nonoffenders Secure: reform schools and training schools—deal with juveniles who HAVE committed crimes Institutional Programs o Counseling, education, vocational, training, and an assortment of methods have been incorporated into the juvenile programs of most states Aftercare o Aftercare: Juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in the community Community Treatment o Much more common Problems and Perspectives The juvenile system has organizational problems “cyber bullying” more common
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