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Juvenile Delinquency and Juvenile Justice. Chapter 11. History of the Juvenile Courts. Focus on rehabilitation Disposition fit the offender not the offense Lacking culpability No formal protections of due process Kent v. United States Assistance of counsel In re Gault (1967)
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Juvenile Delinquency and Juvenile Justice Chapter 11
History of the Juvenile Courts • Focus on rehabilitation • Disposition fit the offender not the offense • Lacking culpability • No formal protections of due process • Kent v. United States • Assistance of counsel • In re Gault (1967) • All protections under the Bill of Rights • Due process • Perception of increase in juvenile crime
Processing in Juvenile Courts • Law enforcement contact • Intake • Hearing • Formal report conducted by the probation officer • Judge orders a sentence if the juvenile is found ‘delinquent’
Juvenile Delinquency and Juvenile Offenses • Behavior against the criminal code committed by an individual who has not reached adulthood • Most crimes are property crimes (45%), crimes against person (23%), crimes against public order (21%), drug offenses (11%) • Juvenile crime is at its lowest in 20 years • Offenders are becoming younger • More are sent to adult courts • Increase in crime among girls
Status offenses • Curfew • Loitering • Property crimes (1/3 of juvenile arrests) • Burglary (1/4 of all juvenile offenses) • Theft • Arson
Risk Factors for Juvenile Delinquency • Individual • Substance abuse, mental health concerns, impulsivity, and poor problem solving • Family • Poor parental attachment, lack of parental supervision, and harsh ineffective discipline • School • Academic difficulty, unrecognized learning disabilities, poor school attendance, academic dissatisfaction • Delinquent Peers and Gang membership • Offense history predict recidivism
Protective Factors • Intelligence • Negative attitudes toward delinquent behavior • Sociability/positive temperament • Positive family influence • Close relationship with a family member • School environment • Commitment to and participation in activities • Educational achievement
Juvenile Violence • Juvenile violence is higher than in previous generations and is high in industrialized countries • Homicide is the leading cause of death among Hispanics and African-Americans • Violent crime almost over 30 years
Risk Factors for Nonsexual Violence • Individual • impulsivity, hyperactivity, poor behavioral control greater risk taking, attentional problems, reduced intelligence, poor educational performance • Family • Parental with prior criminal history, low attachment, harsh discipline, poor supervision, child abuse, low socioeconomic status, family conflicts • Delinquent Peers and Gang membership • Neighborhood • Urban area, availability of drugs and guns
Risk Factors for Sexual Violence • 19% of rapes are by males under 19 years • 1/3 of child molesters are juveniles • 2-14% reoffending rate • Risk Factors for reoffending • Acquaintance of the victim • Not receiving any form of treatment • Less severe initial offenses • Younger offender • Little is known about female juvenile perpetrators
Role of Forensic Psychologists in Juvenile Court • Evaluate treatment amenability • Systemic functioning important • Identify treatment needs • Provide Treatment • Multi-modal interventions • Multi-systemic Therapy • Transfer Evaluations • Transfers to criminal courts
Competency Evaluations • Developmental immaturity is a factor • Insanity Evaluations • Extremely rare in juvenile cases • Risk assessment • Threat assessments • Early Assessment Risk List (EARL) • Structured Assessment of Violent Risk in Youth (SAVRY)
Special Issues in Regard to Juveniles: School Violence • School Violence and School Shooting • School shootings peaked 1990s and decreased after 1998 • Violent crime has decreased in schools • Use of school shooter profiles are ineffective • Threat Assessment • Specific form of risk assessment • Encourages identification of precise actions associated with behaving violently