NURS 533 Victimology A. Student Introduction n Who is a “Juvenile”??? –Each state defines by...
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Transcript of NURS 533 Victimology A. Student Introduction n Who is a “Juvenile”??? –Each state defines by...
IntroductionIntroduction
Who is a “Juvenile”???Who is a “Juvenile”???– Each state defines by age Each state defines by age (15-17)(15-17)– exceptions include violent crimesexceptions include violent crimes– For violations of Federal Law, juveniles For violations of Federal Law, juveniles
are defined as under 18are defined as under 18 What is “Delinquency”???What is “Delinquency”???
– a juvenile committing an act for which a juvenile committing an act for which an adult can be prosecuted in criminal an adult can be prosecuted in criminal court court
The HistoryThe History
Originated in Illinois (1899) - The Originated in Illinois (1899) - The Juvenile Court ActJuvenile Court Act
A distinct court to address the A distinct court to address the needs of children needs of children (i.e. removal from (i.e. removal from abusive homes, truancy, etc.)abusive homes, truancy, etc.)
1925- All states except Maine and 1925- All states except Maine and Wyoming had juvenile courtsWyoming had juvenile courts
1945- All states had these courts1945- All states had these courts
Juvenile Crime ClockJuvenile Crime Clock A juvenile is arrested for:A juvenile is arrested for:
– Murder Murder - - every 3 hours and 30 minutesevery 3 hours and 30 minutes– RapeRape - - every 2 hoursevery 2 hours– RobberyRobbery - - every 12 minutesevery 12 minutes– Aggravated AssaultAggravated Assault - - every 8 minutesevery 8 minutes
[FBI UCR, 1995][FBI UCR, 1995]
Juvenile Index CrimesJuvenile Index Crimes
Source: US Department of Justice, Source: US Department of Justice, Crime in Crime in the United States, the United States, 19941994
0
5
10
15
20
25
30
35
40
45
50%
of
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rob
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Juvenile Arrests
Juvenile Homicide RateJuvenile Homicide Rate
Source: James Alan Fox, Source: James Alan Fox, Trends Trends in Juvenile Violence in Juvenile Violence
Homicide Rate Per 100,000 (for ages 14 - 17)
0
5
10
15
20
25
1975 1980 1985 1990 1995
Juvenile Court ProceedingsJuvenile Court Proceedings
JUVENILE COURTJUVENILE COURT– Take into custodyTake into custody– PetitionPetition– Adjudication Adjudication
HearingHearing– AdjudicationAdjudication– Dispositional Dispositional
hearinghearing– CommitmentCommitment– AftercareAftercare
ADULT CRIM ADULT CRIM COURTCOURT– ArrestArrest– IndictmentIndictment– TrialTrial– Conviction of guiltConviction of guilt– Sentencing hearingSentencing hearing– Sentence to jailSentence to jail– ParoleParole
Juvenile Court ProceedingsJuvenile Court Proceedings
Absence of guilt in juvenile court - Absence of guilt in juvenile court - “found to be delinquent”“found to be delinquent”
Treatment instead of punishmentTreatment instead of punishment Proceedings are closed to the publicProceedings are closed to the public No long term incarcerationNo long term incarceration Speedy proceedings and case disposalSpeedy proceedings and case disposal
Source: Clifford Simonsen, Source: Clifford Simonsen, Juvenile Juvenile Justice in AmericaJustice in America, 1991., 1991.
Juvenile Court ProcedureJuvenile Court Procedure
Taken into custodyTaken into custody IntakeIntake AdjudicationAdjudication DispositionDisposition AftercareAftercare
Source: Clifford Simonsen, Source: Clifford Simonsen, Juvenile Juvenile Justice in AmericaJustice in America, 1991., 1991.
Juveniles in the Adult Juveniles in the Adult SystemSystem
CertificationCertification– Prima facie casePrima facie case– Public interestPublic interest– TreatableTreatable– Burden of proof on prosecutionBurden of proof on prosecution
Direct file juvenile casesDirect file juvenile cases– Burden on proof of defenseBurden on proof of defense
Prevention Programs vs Prevention Programs vs IncarcerationIncarceration
Cause of delinquency include:Cause of delinquency include:– Child abuseChild abuse– Lack of family structureLack of family structure– Anti-social behavior early in lifeAnti-social behavior early in life
Examples:Examples:– According to U.S Advisory Board on Child According to U.S Advisory Board on Child
Abuse, child abuse increases likelihood of Abuse, child abuse increases likelihood of arrest as juvenile by 53% arrest as juvenile by 53%
– 85% of Texas inmates claim to be abused85% of Texas inmates claim to be abused
PreventionPrevention Programs vs. Programs vs. IncarcerationIncarceration
Institutions range from:Institutions range from:– Serene, campuses with counselorsSerene, campuses with counselors– Prison-like settingsPrison-like settings– Half-way houses Half-way houses – Boot campsBoot camps
Problems with Problems with Incarceration->Incarceration->
Studies prove that incarceration does not work Studies prove that incarceration does not work and is not cost effectiveand is not cost effective– Early intervention programs prevent 250 crimes per Early intervention programs prevent 250 crimes per
$1 million spent, while prisons only prevent 60 crimes $1 million spent, while prisons only prevent 60 crimes a year per million spenta year per million spent
Source: Rand CorpSource: Rand Corp
Attempt to eliminate incarceration for juveniles Attempt to eliminate incarceration for juveniles failed in Massachusettsfailed in Massachusetts
Emergence of “Boot Emergence of “Boot Camps”Camps”
Programs vary, but most include a Programs vary, but most include a paramilitary style that stresses paramilitary style that stresses discipline and physicaldiscipline and physical trainingtraining
Cost of the average 6 month boot Cost of the average 6 month boot camp is around $6700, vs camp is around $6700, vs incarcerating a juvenile, which incarcerating a juvenile, which costs $47,400 costs $47,400
Source: Koch Crime InstituteSource: Koch Crime Institute
Do Boot Camps Work?Do Boot Camps Work?
Conflicting view of whether or not boot Conflicting view of whether or not boot camps are effective:camps are effective:– Study of Florida boot camps revealed no Study of Florida boot camps revealed no
difference in the recidivism rates between difference in the recidivism rates between camps and other programscamps and other programs
– Study of New Jersey revealed 41% of their Study of New Jersey revealed 41% of their boot camp graduates were re-arrested vs boot camp graduates were re-arrested vs 53% from other juvenile programs53% from other juvenile programs
– Programs that provide “after-care” appear Programs that provide “after-care” appear to have higher rates of success to have higher rates of success
Effectiveness of CurfewsEffectiveness of Curfews According to a 1997 United States According to a 1997 United States
Conference of Mayor’s Report:Conference of Mayor’s Report:
– In the same survey, 26 cities with nighttime In the same survey, 26 cities with nighttime curfews showed reduction in juvenile crime curfews showed reduction in juvenile crime averaging 21%averaging 21%
– 22 cities with day and night curfews also 22 cities with day and night curfews also averaged a 21% declineaveraged a 21% decline
– 6 cities reported increases in juvenile crime 6 cities reported increases in juvenile crime but noted that their were declines in crime 6 but noted that their were declines in crime 6 months to year after implementationmonths to year after implementation
Failures of SystemFailures of System
Even violent offenders have records Even violent offenders have records cleared when becoming adultscleared when becoming adults
A juvenile must be released upon A juvenile must be released upon reaching 18 years of agereaching 18 years of age
Tough laws don’t address the roots Tough laws don’t address the roots of violent juvenile crimeof violent juvenile crime
Programs receive minimal fundingPrograms receive minimal funding
FailuresFailures (cont’d)(cont’d)
A percentage of juveniles are held in A percentage of juveniles are held in county jail even before trialcounty jail even before trial
Industrial schools for juveniles are Industrial schools for juveniles are institutions of confinement like prisonsinstitutions of confinement like prisons
violence and sexual assault plague the violence and sexual assault plague the institutionsinstitutions
Counselors rarely attempt to work with Counselors rarely attempt to work with the juvenile’s familythe juvenile’s family
Juveniles go from institutions to homes with no Juveniles go from institutions to homes with no consistent disciplineconsistent discipline
Diversion ProgramsDiversion Programs
Attempts to treat juveniles who Attempts to treat juveniles who would be passed over by courtswould be passed over by courts
Believe juvenile courts are Believe juvenile courts are ineffective and stigmatizingineffective and stigmatizing
Consider charging a juvenile for Consider charging a juvenile for non-criminal behavior immoralnon-criminal behavior immoral
Diversion Programs have their Diversion Programs have their weaknesses also weaknesses also
International PerspectiveInternational Perspective
MEXICOMEXICO– 2 Dominant systems of juvenile legislation2 Dominant systems of juvenile legislation
Subject to adult jurisdictionSubject to adult jurisdiction Subject to a separate systemSubject to a separate system
– Juvenile court proceduresJuvenile court procedures– Decisions:Decisions:
Return to family[possibly under observation]Return to family[possibly under observation] Enrollment in public/private schoolEnrollment in public/private school HospitalizationHospitalization Commitment to juvenile facility for treatment. Commitment to juvenile facility for treatment.
International Perspectives International Perspectives (cont’d)(cont’d)
AFGHANISTANAFGHANISTAN– Hanafi jurisprudenceHanafi jurisprudence– Function of judiciaryFunction of judiciary– Juvenile courtsJuvenile courts
Investigation by judicial officers Investigation by judicial officers (possibly police)(possibly police)
Investigation by special prosecutor Investigation by special prosecutor (usually female)(usually female)
Determination of age of accused Determination of age of accused (7 - 14)(7 - 14) Decision of courtDecision of court