1 / 52

Juvenile Justice in America

Overview of juvenile justice- over 5 million in custody- most released - crimes / personal protection / status offenses- justice system: police / courts / corrections / community servicesa. Police - ?gatekeepers" - arrest starts entry - generalists / specialists - patrol o

carsten
Télécharger la présentation

Juvenile Justice in America

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. Juvenile Justice in America CJUS/SOC 106 Chapter 11: The History and Development of Juvenile Justice

    2. Overview of juvenile justice - over 5 million in custody - most released - crimes / personal protection / status offenses - justice system: police / courts / corrections / community services a. Police - gatekeepers - arrest starts entry - generalists / specialists - patrol officers / investigators / SRO / DARE

    3. (1) State legislators involvement (a) More receptive - funding / new laws (b) Citizen involvement - information - demand justice (2) 5 distinct types of youth - victim / pre-delinquent - status offender / minor offender - serious offender

    4. (a) Victim - protect: crime / abuse / neglect - necessities of life (b) Pre-delinquent - considered at risk - little supervision - need control (c) Status offender - truant / runaway / drinking / etc. - need control

    5. (d) Minor offender - incarceration / treatment - local (e) Serious offender - state system - enter adult system (3) Police charged with protecting - victim / offender alike (a) Deal fairly

    6. - all stages (b) Balance: - best interest = juvenile - best interest = community (c) Crime fighting philosophy - with service ideal (4) Various dispositions - victim / delinquent - discretion

    7. (a) Police discretion - verbal / report / arrest (b) Minorities over-represented - police target (c) System too lenient - parents - diversion (5) Responsible for all children - missing / runaway / delinquent

    8. (a) Preventive measures - DARE / GREAT / SRO (b) Community involvement - truancy enforcement - Neutral Zone b. Courts - judge / prosecutor / defense / probation (1) Juvenile court - separate system / superior court

    9. (a) Civil / criminal - civil court system (b) Bound by court rules - by statute (c) Variety of legal matters - more extensive (d) Civil in nature - evolving into adversarial - adult court

    10. (e) Major differences - no jury / guardian ad litem - court terminology (2) Jurisdiction - 18 years of age (a) Probation - 21 years of age (b) Loss of jurisdiction - violent offender

    11. c. Corrections - GHC Juvenile Detention Center - Dept. of Juvenile Rehabilitation (DSHS) (1) Function: - protect public - remove offenders (a) Dual function - hold accountable - provide: education / training / personal life skills

    12. (2) Probation - common disposition (a) Back into community - restrictions (b) Local time - no time (3) Parole - state facility - serve time

    13. The system a. First contact: police (1) 72% calls for service - crime-in-progress - already committed (2) 28% observed by police - patrol - task force - sting operation

    14. b. Police on scene - initiate arrest - begin investigation (1) Officer discretion - crime (a) Verbal warning / release (b) Refer to prosecutor - report - evidence

    15. (c) Release with warning - parents / other adult - take home / pickup (d) Arrest - to station - advise rights - interview - release / detention (2) Police process - most: no written policy

    16. - up to officer (a) 18 + - issue citation / release - not juveniles = arrest / release (b) Mind-set of officer - teach lesson - lock up - no services (c) Statistics show:

    17. - majority: informal disposition - 55%: community resources (deferred) - 45%: court referral (3) Detention process - held = detention hearing - release by probation (4) Court process - show cause hearing - fact finding hearing

    18. (5) Dispositional hearing - state / local time - probation Historical / Philosophical Roots Integrated network - agencies / personnel a. Not system = process - not smooth flow - antagonism / conflict / differing opinions

    19. (1) Juvenile network - processed through (a) Various public / private agencies - law enforcement - court (prosecutor / defense) - corrections - community-based programs (b) Reasons for conflict - police - enforcement / detention

    20. - charges filed (c) Probation - release home - recommend lesser charge (d) Prosecution - refuse to charge - lesser charge / divert (e) Judge - release juvenile

    21. - no time (f) Corrections - punishment oriented - social service oriented - ignore actions (g) Community-based programs - different perspectives - social / psychological intervention - family intervention - education / work programs

    22. b. Juvenile process - different state to state - philosophy / laws / action taken (1) Agencies vary - Department of Corrections - Department of Juvenile Services - Department of Juvenile Rehabilitation - Department of Social Services - Department of Family Services (2) 1990s: society turns hostile

    23. (a) No longer: wayward youth - errant troublemaker (b) Do not look at reason - one-parent family - educational failure - no employment (2) View as: - serious deviants (a) World of adult criminal - violent / well-armed / gangster

    24. (b) Do what they want - dont care (3) Justice system response: - more police / institutions / treatment / prevention (a) Laws passed - no smoking laws - Becca Bill - truancy - curfew

    25. (b) Violent offender: age 16 / 17 - tried as adult History of juvenile justice a. Code of Hammurabi - 4000 years ago (1) Babylonian king - written laws - control actions: adult / juvenile - Lex Talionis: an eye for an eye

    26. (b) Ancients: youth problems - runaways - disown parents (2) 2000 years ago - Greeks / Romans: written law - control masses (a) Roman law - distinguished juveniles / adults - age of responsibility - before age 7 / not accountable

    27. (b) Civil / canon law - civil: criminal law - canon: church law (c) Major influence on worlds legal system - English law - American law (3) 800 years ago: British Common law (a) Common practice used by judges

    28. - written down - other / future judges know (b) Replaced civil / canon laws - Henry VIII - divorce / re-marry (c) Distinction between adult / juvenile - under 7: incapable of intent - 7 through 14: had to prove - know right from wrong - form intent

    29. (d) Parens patriae - king: father of all children (4) American juvenile system - similar to English law (a) Age - up to 7 years not form intent - 7 to 12 years: had to prove - 12 and older: could form intent (b) Parens patriae

    30. - state assumed responsibility - enter home / take child - foster care / adoption b. History of juvenile institutions - 1500s, London: crime was rampant - crime up / juvenile gangs (1) Treated youth as adults - police / courts / corrections (a) Adults courts: try youth

    31. (b) Punishment included: - workhouses / apprenticeships - debtor prisons / banishment - torture / death / removal (2) 1600: changes began to occur - educated class (a) Segregating youth - courts and corrections (b) Kept confidential

    32. - avoid shame / stigmatization (c) 1788: separate institutions - educate and instruct in some useful trade (d) Causes of delinquency - poverty / lack of education - poor parental guidance Early American juvenile justice - handled similar to adults

    33. - stocks / prison / banishment / death - indentured servants / military enlistment a. Treated worse other countries - enslaved labor - military service (1) US criticizes - teenagers off to war - Viet Nam (17 yrs / permission) (2) Age of 18 years

    34. - go to war - in adult court - credit cards (a) Cannot legally drink - too immature b. Early 1700s - American colonies (1) Hundreds of juveniles imprisoned - minor acts / major crimes

    35. - disobeying parents / way dressed - criminal acts (a) Adults / juveniles / male / female - all locked up together (b) Treated same in courts / jails - very severely (c) Mid to late 1700s - juvenile gangs - poverty / education / parentless

    36. (2) Early to mid-1800s - juvenile crime continued (a) Public concern growing - justice system trying to solve problem (b) Industrial Revolution - poor / delinquent youth to work (c) Agrarian Work Ethic - sent to work on farms

    37. - solve problem - out of city - farmers: free labor - would learn to change ways (d) Did not solve problem - youth ran away - rural crime rates increased (e) Today: Job Corp (3) Juvenile institutions developed

    38. - deal better with juvenile crime (a) House of Refuge (1825) - New York City (b) Reform School (1845) - Massachusetts (c) Oriented to education / treatment - moving away from punishment (d) Majority were status offenders

    39. (4) Start of reform / refuge movement - leased out to businesses - learning a trade (a) System failed - crime continued - incorrigibility increased (b) Police / courts / jails failed - did not rehabilitate c. 1860s: reform/refuge institutions

    40. - developed across country / failing (1) By 1875: - most states followed Massachusetts - moved back to punishment (a) Child Savers - end punishment - establish treatment (b) Wealthy / educated class - save delinquent children

    41. - changes in courts / corrections (2) Reasons for delinquency - children could be saved (a) Childhood: a period of savagery - battle of good vs. evil - treatment / religion (b) Naturally free spirits - quest of joy / happiness - educated / trained to work

    42. (c) Good children turned bad - urban environment - poverty / crime / single-parent (d) Stuck in psychic arrest - periods of tendency toward crime - did not pass / life of crime (3) Juvenile system again: - turned from concept of punishment d. Establishment of juvenile courts

    43. - pressured legislators - separate courts - treat differently - adult crime mentality - both the same (1) Created conflicts - do-gooders vs. hard-liners - Child Savers triumphed (a) Turned to rehabilitation - care / protection / discipline

    44. (b) Ceased to be criminal - child in need (c) First step: juvenile justice - civil juvenile system (2) First juvenile court - 1899 - Cook County, Illinois (Chicago) (a) Family court - juvenile matters - identify underlying problem

    45. (b) Ways to solve problem - training / education / sterilization Era of socialized justice - no longer treated as criminals - protection foremost a. 1899 to 1967: - emphasis: obtaining complete picture of delinquent - attempts made to determine appropriate care

    46. - looked at: home environment / schooling / maturity / mentality / work history / criminal history / peer group (1) Case worker approach - informality became the rule (a) No prosecutor - no defense attorney - no jury (b) Decision: best for juvenile

    47. - made by participants (c) Judge / case worker / police officer / psychologist (d) Considered guilty - without trial (2) 1920s: case workers became probation officers - do what best for youth - also take into custody

    48. (a) 1940s / 1950s - juvenile crime moderate - Fabulous fifties life easy - employment up / poverty down - crime / poor: inner-city ghettos (b) Children / families structured - assembly line children - typical family (Father Knows Best / Leave It to Beaver) (c) Father worked / mother homemaker

    49. - children go to school - graduate (d) After graduation: - work - college - military b. 1955: Holmes Case - US Supreme Court - not criminal courts - civil actions

    50. (1) Constitutional rights - adults only - juveniles not entitled (a) In detention for any reason - crime / disrespect / runaway (b) Guilt: preponderance of evidence - more likely than not (c) Adult trial: - proof beyond a reasonable doubt

    51. (2) 1960s: - Terrible Sixties - crime soared - violent / property (a) Beginning of end: - socialized justice - formal proceedings began (b) Gault vs. Arizona (1964) - changed informality - required legal rights

    52. (c) Battle between legalist (formal) / caseworker (informal) - continues to present - created adversarial system (3) Legalist vs. Caseworker - prosecutor / judge vs. probation / social service - legalist have advantage - formality required

More Related