Juvenile Justice Juvenile Justice

Spring 08 Spring 08

CJ CJ –– 36503650

ChapterChapter 66

Professor James J. Drylie Professor James J. Drylie

Delinquency Prevention Delinquency Prevention

�� The philosophy is simple and appealing:The philosophy is simple and appealing:

�� Teach juveniles Teach juveniles

�� Provide them with the necessary skillsProvide them with the necessary skills

�� Educate them to reduce recidivism Educate them to reduce recidivism

�� Provide programs that occupy time in a Provide programs that occupy time in a

positive and effective waypositive and effective way

�� The problem has been that there is no The problem has been that there is no

panaceapanacea that will prevent delinquency.that will prevent delinquency.

What works?What works?

�� Several types of delinquency Several types of delinquency prevetnionprevetnion

programs:programs:

�� Many fall under the heading of Many fall under the heading of diversiondiversion

�� First time offenders deserve a second chanceFirst time offenders deserve a second chance

�� Others attempt to identify Others attempt to identify atat--riskrisk and try to and try to

intervene intervene

�� Others focus on those who have already Others focus on those who have already

offended. offended.

�� Review Figure 6.1 (p.149)Review Figure 6.1 (p.149)

The Theory of Prevention The Theory of Prevention

�� The theory of prevention rests on the The theory of prevention rests on the

notion that notion that atat--riskrisk youth and those most youth and those most

in need of intervention can be identifiedin need of intervention can be identified

�� A second and equally important aspect is A second and equally important aspect is

that delinquency prevention is that delinquency prevention is

accomplished by providing assistance and accomplished by providing assistance and

support to all juveniles even if they are support to all juveniles even if they are

not at risk.not at risk.

Categories of PreventionCategories of Prevention

�� Early preEarly pre--delinquent intervention and delinquent intervention and

prevention.prevention.

�� Targeting pregnant mothers and children in Targeting pregnant mothers and children in

the early formative stages of life.the early formative stages of life.

�� DiversionDiversion

�� First time offenders who are diverted away First time offenders who are diverted away

form formal processing into any number of form formal processing into any number of

service programs.service programs.

�� AtAt--risk juvenilesrisk juveniles

�� Shown or demonstrated early problem Shown or demonstrated early problem

behaviorsbehaviors

�� Other warning signsOther warning signs

�� Early in the stages of delinquency Early in the stages of delinquency

�� Some programs include:Some programs include:

�� SchoolSchool--basedbased

�� CommunityCommunity--basedbased

�� Job servicesJob services

�� Recreational Recreational

�� Focus on status offenders Focus on status offenders

Early PreEarly Pre--Delinquent Intervention Delinquent Intervention �� Designed for youth who come into contact Designed for youth who come into contact

with the system early in lifewith the system early in life

�� Physical development in the brain occurs by Physical development in the brain occurs by

age 3age 3

�� The programs at this level must be able to The programs at this level must be able to

identify risk factors inherent in the identify risk factors inherent in the

development of delinquent youthdevelopment of delinquent youth

�� Some have argued that these programs are more Some have argued that these programs are more

negative than positive negative than positive

�� Positive approaches emphasize opportunities for Positive approaches emphasize opportunities for

healthy social, physical, and mental development.healthy social, physical, and mental development.

Project Head StartProject Head Start

�� Started in the 1960s under President Started in the 1960s under President

JohnsonJohnson’’s War on Poverty.s War on Poverty.

�� Designed to prevent academic problems Designed to prevent academic problems

among economically disadvantaged childrenamong economically disadvantaged children

�� Provided a broad range of social services centered Provided a broad range of social services centered

around a creative preschool curriculum.around a creative preschool curriculum.

�� There has been evidence that the quality of There has been evidence that the quality of

parenting in the first two years of a childparenting in the first two years of a child’’s life can s life can

affect their behavior for the rest of their lives. affect their behavior for the rest of their lives.

RiskRisk--Focused Prevention Focused Prevention

�� There is a growing trend in this direction.There is a growing trend in this direction.

�� Programs attempt to correct potential Programs attempt to correct potential

problems as well as provide additional problems as well as provide additional

services to youth most at risk.services to youth most at risk.

�� These programs are found in both the These programs are found in both the

juvenile and social service systems. juvenile and social service systems.

�� Referrals typically come from schools and Referrals typically come from schools and

the police. the police.

�� Many time educators are the first to see the Many time educators are the first to see the

warning signs of problems at home or with the warning signs of problems at home or with the

juvenile.juvenile.

�� The police are often the referral source for The police are often the referral source for

juveniles who are at risk for being victimized and juveniles who are at risk for being victimized and

becoming delinquent.becoming delinquent.

�� SHIELD SHIELD

�� Police contacts during the course of their duties that Police contacts during the course of their duties that

identify atidentify at--risk youth risk youth

�� Violent behaviorViolent behavior

�� Substance abuse Substance abuse

�� GangsGangs

�� Children at Risk (CAR) Children at Risk (CAR)

�� Identifies highIdentifies high--risk youth (11 risk youth (11 –– 13)13)

�� CARCAR

�� Integrated delivery of a broad range of services to atIntegrated delivery of a broad range of services to at--

risk youth and their families.risk youth and their families.

�� Fostered collaboration between the criminal justice Fostered collaboration between the criminal justice

agencies, schools, and other community agencies, schools, and other community

organizations.organizations.

�� Provides comprehensive individualized services Provides comprehensive individualized services

targeting the neighborhood, peer groups, family, and targeting the neighborhood, peer groups, family, and

individual risk factors. individual risk factors.

�� Participants had more involvement in social and Participants had more involvement in social and

educational activities, exhibited less antieducational activities, exhibited less anti--social social

behavior, committed fewer violent crimes, and used behavior, committed fewer violent crimes, and used

and sold fewer drugs in the year after the program and sold fewer drugs in the year after the program

ended. ended.

Family Treatment & Family Treatment &

Intervention Intervention �� A more holistic approach that involves A more holistic approach that involves

more than just treating the juvenile.more than just treating the juvenile.

�� Involves the family participating in therapy as Involves the family participating in therapy as

well.well.

�� These programs attempt to intervene early, These programs attempt to intervene early,

before problems arise.before problems arise.

�� The premise is that the most prominent The premise is that the most prominent

sources for interaction with juveniles are in sources for interaction with juveniles are in

the home and at school. the home and at school.

Families and Schools First Families and Schools First -- FASTFAST�� A holistic approach that attempts to build A holistic approach that attempts to build and enhance the juvenileand enhance the juvenile’’s interactions s interactions with family, peers, teachers, and other with family, peers, teachers, and other members of the community.members of the community.

�� The goal is to promote protective factorsThe goal is to promote protective factors�� Enhance the family by strengthening the Enhance the family by strengthening the parentparent--child relationshipchild relationship

�� Prevent school failure by improving behavior Prevent school failure by improving behavior and performance and performance

�� Reduce family stress by developing and Reduce family stress by developing and ongoing support group for parents, linking ongoing support group for parents, linking them with appropriate community resources. them with appropriate community resources.

Diversion Diversion �� Diversion is a general term for a wide range of Diversion is a general term for a wide range of

programs that keep juveniles who commit programs that keep juveniles who commit

crimes out of the formal juvenile justice system.crimes out of the formal juvenile justice system.

�� The programs are in place to correct or prevent The programs are in place to correct or prevent

future and more serious problems from future and more serious problems from

occurring and to prevent further involvement occurring and to prevent further involvement

with the system.with the system.

�� The basic theory guiding these programs is that The basic theory guiding these programs is that

most youth will at some point commit most youth will at some point commit

deviant/delinquent acts. deviant/delinquent acts.

�� Assumes that formal processing will do more Assumes that formal processing will do more

harm than good. harm than good.

�� The guiding principle of diversion is rooted The guiding principle of diversion is rooted

in labeling theory andin labeling theory and

�� The belief that formal processing may The belief that formal processing may

perpetuate or increase the level of perpetuate or increase the level of

delinquency in some youth.delinquency in some youth.

�� This is rooted in the principle of contagion. This is rooted in the principle of contagion.

Diversion Programs Diversion Programs �� Often take several formsOften take several forms

�� Can be generalCan be general�� Most offenders would be eligibleMost offenders would be eligible

�� SpecificSpecific�� Certain types of offenders Certain types of offenders

�� Local jurisdictional rules often regulate Local jurisdictional rules often regulate who is eligible who is eligible �� Court policyCourt policy

�� State statute State statute

�� Most diverted juveniles are 1Most diverted juveniles are 1stst time time offenders offenders

Exclusions Exclusions

�� Violent offensesViolent offenses

�� Sexual offenses Sexual offenses

�� Weapons offensesWeapons offenses

�� Drug offensesDrug offenses

�� Serious property offenses Serious property offenses

Problem areas Problem areas �� Net Widening Net Widening

�� Using diversion programs as a means to bring Using diversion programs as a means to bring

larger numbers of juveniles under court larger numbers of juveniles under court

control instead of as an alternative to formal control instead of as an alternative to formal

processing. processing.

�� A means of handling cases that would A means of handling cases that would

otherwise not have been processed.otherwise not have been processed.

�� Passing the buck.Passing the buck.

�� Constitutionality Constitutionality

�� Due process & Equal protection Due process & Equal protection

�� A disposition without benefit of adjudication. A disposition without benefit of adjudication.

Diversion Effectiveness Diversion Effectiveness �� Most who come into contact with the Most who come into contact with the system never come back into the system system never come back into the system again.again.

�� The research on the effectiveness of The research on the effectiveness of diversion is mixed.diversion is mixed.�� A large body of research has found that A large body of research has found that diversion is successful in reducing the diversion is successful in reducing the systemsystem’’s overload and deters future s overload and deters future recidivism.recidivism.

�� The most successful involve intensive and The most successful involve intensive and comprehensive services.comprehensive services.�� Are all systems the same? Are all systems the same?

SchoolSchool--based Programs based Programs �� Many programs target children at a very young Many programs target children at a very young

age.age.

�� SchoolSchool--based initiativesbased initiatives

�� Recommendations Recommendations

�� Areas with high rates of delinquencyAreas with high rates of delinquency

�� Preschool education for 3Preschool education for 3--4 year olds4 year olds

�� Greater involvement between counselors and Greater involvement between counselors and

teachersteachers

�� Family involvement Family involvement

�� Home visitation programs Home visitation programs

�� Independent evaluations Independent evaluations

CommunityCommunity--based Programs based Programs �� Focus on education and awareness of Focus on education and awareness of

topics that are problematic in the topics that are problematic in the

community.community.

�� Hands without Guns is a public health and Hands without Guns is a public health and

education program.education program.

�� Why the public health approach?Why the public health approach?

�� Teaches youth about the problems of violence Teaches youth about the problems of violence

and gunsand guns

�� Youth who identify with this type of program Youth who identify with this type of program

is 10 times less likely to carry a gun. is 10 times less likely to carry a gun.

Mentoring Mentoring �� Began in the late 1800s when adults Began in the late 1800s when adults served as role models for children of the served as role models for children of the poor.poor.

�� 1904 the Big Brothers/Big Sisters of 1904 the Big Brothers/Big Sisters of America was created.America was created.�� Today it is the largest mentoring Today it is the largest mentoring progamprogam of of its kind.its kind.

�� Federation of 500+ agenciesFederation of 500+ agencies

�� The mission is to make a difference in the The mission is to make a difference in the lives of young people through a professionally lives of young people through a professionally supported onesupported one--onon--one relationship with a one relationship with a caring adult. caring adult.

BBBSA Data BBBSA Data

�� Participants compared to nonParticipants compared to non--particpantsparticpants

�� 46% less likely to initiate drug use46% less likely to initiate drug use

�� 27% less likely to initiate alcohol use27% less likely to initiate alcohol use

�� 52% less likely to be truant52% less likely to be truant

�� More confident in school workMore confident in school work

�� 1/3 less likely to hit someone 1/3 less likely to hit someone

�� Better in academic behavior, attitudes, and Better in academic behavior, attitudes, and

performance performance

Job Services Job Services �� Many vocational and jobMany vocational and job--related services related services that are available in communities are that are available in communities are designed specifically for delinquency designed specifically for delinquency prevention.prevention.

�� Job Corps is the most prominent federal Job Corps is the most prominent federal program in this regard.program in this regard.�� Residential education program for severely Residential education program for severely disadvantaged youths age 16 disadvantaged youths age 16 –– 24. 24.

�� Prepares youth for stable, productive Prepares youth for stable, productive employment and entrance into vocational, employment and entrance into vocational, technical, junior colleges, military, or other technical, junior colleges, military, or other institutions. institutions.

�� 70% of enrollees are minorities70% of enrollees are minorities

�� 80% are high school dropouts80% are high school dropouts

�� 30% are from families on public assistance30% are from families on public assistance

�� Job Corps benefit youth in two waysJob Corps benefit youth in two ways

�� Occupying their time and letting them earn Occupying their time and letting them earn

more money;more money;

�� Teaching them a marketable skill that can Teaching them a marketable skill that can

benefit them for life. benefit them for life.

Recreational Activities Recreational Activities �� The majority of a juveniles time is The majority of a juveniles time is unstructured and unsupervised. Some unstructured and unsupervised. Some accounts place this at 50% of otherwise accounts place this at 50% of otherwise unproductive time.unproductive time.

�� A variety of afterA variety of after--school and evening school and evening programs have been developed in an programs have been developed in an effort to productively occupy this time.effort to productively occupy this time.

�� The idea is simple:The idea is simple:�� Provide youth with a place to go and an Provide youth with a place to go and an activity to occupy their time during the most activity to occupy their time during the most crimecrime--prone times. prone times.

Teen Courts Teen Courts �� Originating in the 1960s with a nominal Originating in the 1960s with a nominal

number of teen courts these programs number of teen courts these programs

now number in the several hundreds now number in the several hundreds

(675)(675)

�� Legally binding system of diversion Legally binding system of diversion

�� Service relatively small numbers of casesService relatively small numbers of cases

�� Usually handle 1Usually handle 1stst offenders or petit offendersoffenders or petit offenders

�� Usually juveniles 16 and underUsually juveniles 16 and under

The Benefits The Benefits �� Accountability Accountability –– often help to assure that the often help to assure that the

offender is accountable even if the offense offender is accountable even if the offense

would result in a sanction from the traditional JJ would result in a sanction from the traditional JJ

system.system.

�� Timeliness Timeliness –– an effective court can move young an effective court can move young

offenders from arrest to sanction often in days.offenders from arrest to sanction often in days.

�� Cost savings Cost savings –– usually depend on youth and usually depend on youth and

adult volunteers.adult volunteers.

�� Community cohesion Community cohesion –– a well run program can a well run program can

affect the entire community by increasing public affect the entire community by increasing public

appreciation of the legal system. appreciation of the legal system.

Models and ProcessModels and Process�� Most juveniles referred to teen court are Most juveniles referred to teen court are

offered the program as a voluntary offered the program as a voluntary

alternative to formal processing.alternative to formal processing.

�� The courts generally follow one of four The courts generally follow one of four

models:models:

�� Adult judgeAdult judge

�� Youth judgeYouth judge

�� Youth tribunal Youth tribunal

�� Peer jury Peer jury

Adult JudgeAdult Judge

�� An adult serves as the judgeAn adult serves as the judge

�� Provides guidance on legal issues and Provides guidance on legal issues and

terminologyterminology

�� Youths serve in all other roles in this model. Youths serve in all other roles in this model.

�� Often an adult volunteer or professional will Often an adult volunteer or professional will

assist.assist.

Youth Judge Youth Judge

�� A youth serves as the judge.A youth serves as the judge.

�� Again youth serve in the other roles in the Again youth serve in the other roles in the

courtroom. courtroom.

Youth Tribunal Youth Tribunal

�� There is no jury in this systemThere is no jury in this system

�� A panel of 3 youth judges, similar to an A panel of 3 youth judges, similar to an

appellate court, hear cases. appellate court, hear cases.

Peer JuryPeer Jury

�� Adults may argue the caseAdults may argue the case

�� A jury of youth decide guilt and determine A jury of youth decide guilt and determine

the disposition. the disposition.

Teen Court Sanctions Teen Court Sanctions

�� There are several options.There are several options.

�� The most common is community service.The most common is community service.

�� Apology letters are often required.Apology letters are often required.

�� Academic essaysAcademic essays

�� Serve on future teen courtsServe on future teen courts

�� Participate in drug or alcohol programs Participate in drug or alcohol programs

�� Pay restitution Pay restitution

Effectiveness Effectiveness

�� The jury is still out.The jury is still out.

�� Results of 20 years of research have been Results of 20 years of research have been mixed.mixed.�� Many studies were rudimentary in nature and Many studies were rudimentary in nature and did not provide adequate insight.did not provide adequate insight.�� One report cites lower recidivism ratesOne report cites lower recidivism rates

�� Two other reports did not note differences Two other reports did not note differences between teen court participants and other between teen court participants and other juveniles who went through the formal JJ system. juveniles who went through the formal JJ system.

Status OffensesStatus Offenses

�� There has been an increase in the enforcement There has been an increase in the enforcement

of status offenses:of status offenses:

�� CurfewCurfew

�� Truancy Truancy

�� The premise here is that these two offenses The premise here is that these two offenses

involve unsupervised and unstructured time.involve unsupervised and unstructured time.

�� The chronic or habitual offender is often the target. The chronic or habitual offender is often the target.

Deinstitutionalization Deinstitutionalization �� In 1974 the Juvenile Justice and In 1974 the Juvenile Justice and

Delinquency Prevention Act prevented Delinquency Prevention Act prevented

agencies from incarcerating juveniles for agencies from incarcerating juveniles for

prolonged periods for status offenses.prolonged periods for status offenses.

�� This legislation raises a serious issue:This legislation raises a serious issue:

�� The chronic offender The chronic offender

�� TruantsTruants

�� Curfew violatorsCurfew violators

�� RunawaysRunaways

�� Are typically the most at risk and in need of Are typically the most at risk and in need of

intervention. intervention.

The Police Response The Police Response �� Many agencies today aggressively enforce Many agencies today aggressively enforce

status offenses.status offenses.

�� CurfewCurfew--enforcement programs work when enforcement programs work when

police have a place to take violators and police have a place to take violators and

spend less time processing the violator spend less time processing the violator

and more time enforcing the curfew.and more time enforcing the curfew.

�� Support services that allow officers to return Support services that allow officers to return

to work while fullto work while full--time personnel process the time personnel process the

offender offender

�� Parents are required to pickParents are required to pick--up their up their

son/daughter. son/daughter.

What DoesnWhat Doesn’’t Workt Work�� Scared Straight Scared Straight –– hailed as the best way hailed as the best way to cure delinquents.to cure delinquents.�� Cheap and inexpensive to runCheap and inexpensive to run

�� Quickly adopted by agencies and communities Quickly adopted by agencies and communities without the benefit of longwithout the benefit of long--term or term or longitudinal evaluation. longitudinal evaluation.

�� Successes were grossly exaggerated. Successes were grossly exaggerated.

�� The belief was that the verbal and The belief was that the verbal and psychological assault would deter future psychological assault would deter future deviance.deviance.

�� Did not address the years of problems that Did not address the years of problems that preceded the visit. preceded the visit.

What Works What Works �� Compared to the overall criminal justice Compared to the overall criminal justice

system, the juvenile justice system is very system, the juvenile justice system is very

successful. successful.

�� Most actors in the systemMost actors in the system

�� PolicePolice

�� JudgesJudges

�� Social workersSocial workers

�� All agree that most who come into contact All agree that most who come into contact

with the system do not recidivate. with the system do not recidivate.

�� Prevention/diversion programs that work Prevention/diversion programs that work

often share common qualities. often share common qualities.

�� Successful programs are Successful programs are

�� ComprehensiveComprehensive

�� Multifaceted approachMultifaceted approach

�� An aftercare component built in An aftercare component built in

�� Serve smaller numbers of juvenilesServe smaller numbers of juveniles

�� Not a single type of interventionNot a single type of intervention

�� Scared Straight Scared Straight