Mainstream and Crosscurrents, Second Edition Chapter 14 Juvenile Delinquency and Juvenile Justice.

Mainstream and Crosscurrents, Second Edition

Chapter 14Chapter 14

Juvenile Delinquency Juvenile Delinquency

and Juvenile Justiceand Juvenile Justice

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 …




Juveniles in the early United States Houses of refuge Juvenile court




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.




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.




Juvenile court

The major differences between modern adult criminal court and juvenile court:

Focus on rehabilitation

Informal hearing

Individualized justice

Private hearings



Children and society

Juvenile issues today … Violence Alcohol and drug problems Sexuality and sex abuse Runaway and kidnapped children Anomie and nihilism




Types of youths in the juvenile justice system

Incorrigible children

Dependent children

Neglected children

Status offenders

Delinquent children




Juvenile delinquency in context

Institutions and issues connected to juvenile delinquency … Schools Poverty Faulty families Neighborhoods



The juvenile justice system

Entering the juvenile justice system Prehearing detention Intake Determining jurisdiction Adjudicatory hearing Disposition Aftercare




Entry

From schools, parents, or child welfare agencies

From law enforcement agencies

Cases are inserted into the system by a process called a referral…




Prehearing detention

Law enforcement agencies are discouraged from holding juvenile delinquents in adult jails while the case is processed.




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.




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.




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




Disposition

Comparable to the handing down of the sentence in adult court, the disposition can take two paths …

Residential placement

Non-residential referral




Aftercare

Aftercare may include …

Drug or alcohol treatment

Counseling

Attending school

Employment




Aftercare

Juveniles can be diverted from the system at many points.



Problematic issues in juvenile justice today

Chronic offenders Youth gangs Conditions of youth confinement Treating children as adults Zero tolerance




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.




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.




Conditions of youth confinement

Adult prisons

Ranches and camps

Boot camp prisons

Traditional training schools




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.




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.



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.




The juvenile justice system will continue to transfer young offenders to criminal courts.

The age of dependency will continue to increase.




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.



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?

Mainstream and Crosscurrents, Second Edition Chapter 14 Juvenile Delinquency and Juvenile Justice.

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