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by: Arnaldo Abbott


Arnaldo Abbott
Texas State
GPA 3.93

Q. Thurman

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Q. Thurman
Class Notes
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Popular in Criminal Justice

This 17 page Class Notes was uploaded by Arnaldo Abbott on Wednesday September 23, 2015. The Class Notes belongs to CJ 1310 at Texas State University taught by Q. Thurman in Fall. Since its upload, it has received 20 views. For similar materials see /class/212857/cj-1310-texas-state-university in Criminal Justice at Texas State University.


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Date Created: 09/23/15
Juvenile Justice Culpability and Violence crime by juveniles v v V v The juvenile justice system is different from the adult system One of the differences between the two systems is the emphasis placed upon the culpability of the offender and the system s role in changing behavior Children are believed to be less responsible for their actions than adults In 1990 many states changed laws to increase the controls and sanctions over juveniles Part of this increase of controls for juveniles comes from the public perspective that juvenile crime is increasing and is becoming more violent Juvenile crime has been declining and violent crime is now half that of what it was in the 1990s Juvenile Arrests for Homicide 1984 2006 The rate ofjuvenile arrests for homicide rose steadily in the 198039s before peaking in the early 199039s High profile school shootings around this time gave unrealistic fears that youth violence was increasing in the United States However in 1994juvenile arrests began to decline sharply and have been fairly stable in recent years 3500 3000 2500 2000 1500 1000 500 1904 1985 1900 1990 1992 1994 1995 1998 2000 2002 2004 2005 History of the Juvenile Justice System v v v v The juvenile justice system has a different origin and mission from the adult criminal court system and follows the model of parents patriae 1t takes the place of a parent Meaning that Under the philosophy of ParensPatriae the states take the primary responsibility for the safety and custody of children The juvenile system handles both delinquents those who commit an act that is de ned as a crime by the penal code and status offenders whose behavior is prohibited only bc they are juveniles such as running away breaking curfew The juvenile Delinquency Prevention and Control Act in 1968 the act was designed to encourage states to develop plans and programs that would work on a community level to discourage juvenile delinquency History of the Juvenile Justice System v v v v Before the 1800s children received very little protection or special treatment from society or the legal system Only children under the age of7 were presumed to be incapable of criminal culpability all others were punished similarly to adults In the late 1800s and early 1900s the child saver movement resulted in states creating the juvenile justice system The rst Juvenile court was established in Chicago in 1899 and by 1919 almost all states had created a separated judicial system for juveniles then juvenile probation was established The 1974 Juvenile justice and Delinquency prevention Act mandated that neglected abused children and status offenders be removed from the secure detention facilities that housed juvenile delinquents Supreme Court Cases gt V v A series of supreme court cases in the 1970s established a variety of due process rights for juveniles In Roper V Simmons the Supreme Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18 Cooper V Pate 1964 was a Supreme Court case in which the court ruled for the first time that state prison inmates have the standing to sue in federal court to address their rights under the CiVil Rights Act of 1871 The case eventually led to the recognition that prisoners have rights that are protected by the US Constitution Supreme court cases gt A series of Supreme Court cases in the 1960s and 1970s extended some due process to juvenile offenders V The major development was the supreme court holding that juveniles deserved some due process in juvenile proceedings In re Gault v It established that juveniles accused of crimes in a delinquency proceeding must have the same rights as adults such as the right to timely noti cation of charges the right to confront witnesses the right against self incn39mination and the right to counsel gt Kent v United States guarantees that juveniles be provided with a waiver hearing prior to being transferred to adult courts Juvenile Crime Juvenile arrests have declined quite dramatically gt Juvenile arrests for violent crime fell proportionately more than adult arrest gt The overall juvenile arrest rate was lower in 2005 than in 1980 gt Recidivism of juvenile offenders is about 50 Female Juvenile Offenders gt Most of the research has been aimed at male juvenile offenders because they comprise the majority of the offender population gt Girls are less likely to be involved in delinquency and those that are may be using drugs gt Girls involved in the juvenile justice system are very likely to have experience physical abused about 61 and sexual abuse about 54 Even more so than boys delinquent girls come from dysfunctional backgrounds Minority Juvenile Offenders b 7 There are also serious concerns by observes that the juvenile justice system discriminates on the basis of race Black and other minority are much more likely to be formally processed and end up in juvenile or adult facilities than whites Poor kids are also more likely to be taken into the system Part of this is due to lack of family support Juveniles who have supportive families who are willing and likely to work with juvenile officials are more likely to be referred to community programs rather than institutionalized In 1997 AfricanAmericans made up about 15 of the population about 26 of juvenile arrests about 30 of delinquency referrals and about 40 of juveniles in longterm incarceration facilities Minority Juvenile Offenders gt Juvenile court judges are more likely to transfer minority delinquents to adult court than white delinquents even after controlling for seriousness of crime v In 1997 only about 19 of all juvenile delinquent referrals resulted in detention but minority made up 47 of those who were detained v Across offenses for males and females the black proportion of detained cases was in the 30 to 40 range The one exception was among detained girls referred for drug offenses Black girls accounted for just 19 of this group close to their representation in the juvenile population 16 The Processing of Juvenile Offenders v The adjudication hearing is the juvenile version of a trial in a criminal court V Drug courts exist in the juvenile system as well as the adult system V In these special courts juvenile who are identified as drug abusers are provided with specialized services 7 The number of juvenile court cases involving drug offenses more than doubled between 1993 and 1998 and 1167 81 adolescents under the age of 18 were arrested for drug violations in 2002 justice programs gt The most serious disposition is secure confinement the juvenile version of jail or prison Residential facilities are frequently characterized with problems such as overcrowding gt An alternative to residential facilities is avariety of community corrections gt Boot camps for example are not particularly effective in reducing recidivism but some sexoffender treatment facilities show success in reducing recidivism justice programs gt Community based programs attempt to meet the needs of the community and the offender They are typically community based and involve the participation of the offender the offender s family the Victim and other community members Community justice programs are most common with juvenile offenders The concept for the offender to remain in the community v V Such programs work better with offenders who have not committed serious crimes JuveniIeJustice System The underlying rationales of the juvenile court system are that youth are developmentally different from adults Rehabilitation and treatment in addition to community protection are considered to be primary goals Law enforcement has the option of preventative detention detaining ayouth for his own protection or the community39s protection Not all states afford juveniles the right to a jury trial Ajuvenile offender isjudged quotdelinquentquot rather than quotguiltyquot Criminal Justice System Rehabilitation is not considered a primary goal in the criminal justice system which operates under the assumption that criminal sanctions should be proportional to the offense Deterrence is seen as a successful outcome of punishment Defendants have the right to apply for bond or bail All defendants have a constitutional right to a jury trial A defendant is found quotinnocentquot or quotguiltyquot v v V V v Probation Probation is the oldest and most widely used model of communitybased corrections All states have had juvenile probation since 1930s This communitybased supervision allows the juvenile to remain in a community while following a set of mles that are specifically tailored to the individual s circumstances Probation can be revoked if the juvenile violates the conditions Probation was used in 62 of formal juvenile dispositions in 2002 and is more likely to be given to a juvenile offender than a residential placement Video l1tt9wwwyoutu becom watchv04vHQVOZl 30


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