mainstream and crosscurrents, second edition chapter 14 juvenile delinquency and juvenile justice
TRANSCRIPT
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Mainstream and Crosscurrents, Second Edition
Chapter 14Chapter 14
Juvenile Delinquency Juvenile Delinquency
and Juvenile Justiceand Juvenile Justice
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2
Childhood and the law
Increased availability of education Poor laws Chancery courts Parens patriae
Factors that improved the status of children …
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3
Childhood and the law
Juveniles in the early United States Houses of refuge Juvenile court
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4
Childhood and the law
Juveniles in the early US
In colonial America, little distinction was made between the offenses committed by adults and those committed by children.
Parents were responsible for the actions of their children.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5
Childhood and the law
Houses of refuge
The first house of refuge was established in New York City in 1825.
The houses of refuge were abandoned by the end of the 19th century in favor of newer reforms.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6
Childhood and the law
Juvenile court
The major differences between modern adult criminal court and juvenile court:
Focus on rehabilitation
Informal hearing
Individualized justice
Private hearings
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.7
Children and society
Juvenile issues today … Violence Alcohol and drug problems Sexuality and sex abuse Runaway and kidnapped children Anomie and nihilism
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.8
Children and society
Types of youths in the juvenile justice system
Incorrigible children
Dependent children
Neglected children
Status offenders
Delinquent children
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.9
Children and society
Juvenile delinquency in context
Institutions and issues connected to juvenile delinquency … Schools Poverty Faulty families Neighborhoods
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.10
The juvenile justice system
Entering the juvenile justice system Prehearing detention Intake Determining jurisdiction Adjudicatory hearing Disposition Aftercare
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.11
The juvenile justice system
Entry
From schools, parents, or child welfare agencies
From law enforcement agencies
Cases are inserted into the system by a process called a referral…
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.12
The juvenile justice system
Prehearing detention
Law enforcement agencies are discouraged from holding juvenile delinquents in adult jails while the case is processed.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.13
The juvenile justice system
Intake
A major gatekeeping decision point
A finding by the intake officer that sufficient reason exists to pass the case forward is enough to keep the case under the purview of the court.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.14
The juvenile justice system
Determining jurisdiction
The states have a variety of mechanisms for deciding whether to keep the case in juvenile court or transfer it to adult court.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.15
The juvenile justice system
Adjudicatory hearing
Held to determine whether the juvenile committed the offenses
The equivalent of a criminal trial
Conducted by a judge who also acts as a jury
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.16
The juvenile justice system
Disposition
Comparable to the handing down of the sentence in adult court, the disposition can take two paths …
Residential placement
Non-residential referral
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.17
The juvenile justice system
Aftercare
Aftercare may include …
Drug or alcohol treatment
Counseling
Attending school
Employment
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.18
The juvenile justice system
Aftercare
Juveniles can be diverted from the system at many points.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.19
Problematic issues in juvenile justice today
Chronic offenders Youth gangs Conditions of youth confinement Treating children as adults Zero tolerance
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.20
Problematic issues in juvenile justice today
Chronic offenders
A small percentage of youths are long-term, chronic, consistent lawbreakers.
Research: These youths share factors such as behavior problems, poor grades, drug or alcohol use, family problems, abuse or neglect, and patterns of stealing or running away.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.21
Problematic issues in juvenile justice today
Youth gangs
Membership in a youth gang is a predictor of chronic delinquency.
Race is a dimension of many gangs.
Females are also active in gangs.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.22
Problematic issues in juvenile justice today
Conditions of youth confinement
Adult prisons
Ranches and camps
Boot camp prisons
Traditional training schools
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.23
Problematic issues in juvenile justice today
Treating children as adults
Judicial waiver: a judge sends the juvenile to adult court.
Direct filing: a prosecutor may file charges in either juvenile or adult court.
Statutory exclusion: automatically excludes some juveniles from juvenile court.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.24
Problematic issues in juvenile justice today
Zero tolerance
Policies in which the strict letter of the law or rule is followed without question or room for individual discretion on the part of the authority.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.25
The future of juvenile justice
Resources will be diverted from programs that serve young people to programs that serve the elderly.
Programs for children will continue to become privatized.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.26
The future of juvenile justice
The juvenile justice system will continue to transfer young offenders to criminal courts.
The age of dependency will continue to increase.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.27
The future of juvenile justice
Technology can level the playing field.
Trends suggest that the juvenile justice system may be shifting its emphasis away from the punish-or-treat dichotomy.
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Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.28
QuestionsQuestions
What are the four major differences between modern adult criminal courts and juvenile courts?
How is the dark figure of crime related to juvenile delinquency?
What rights do juvenile defendants have in common with adult defendants?