juvenile justice – Flashcards
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Parens Patriae
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The State as Parent Children as "miniature adults" prior to 1899
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1899 formation of Juvenile Court
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Embodied the concept of parens patriae The state would function as the ultimate parent—in the best interests of the child
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The downside of parens patriae
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Few procedural protections for juveniles Procedural protections were viewed as an impediment to rehabilitation
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The Pre-Juvenile Court Era (1600-1898)
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Juveniles treated and punished like adults
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The Juvenile Court Era (1899-1966)
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The development of the world's first juvenile court Recognition that juveniles are different than adults
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The Juvenile Rights Era (1967-1979)
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U.S. Supreme Court decisions which gave juveniles procedural rights in adjudication proceedings
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The Crime Control Era (1980-Present)
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Era of getting tough on juvenile delinquents Fear of the juvenile "superpredator
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Terminology (Adult versus Juvenile)
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Arrested versus taken into custody Charged versus petitioned Trial versus an adjudication hearing Sentencing versus disposition Parole versus aftercare
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Juvenile Defined
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Someone under 18 is simplistic Each state determines, usually by law, at what age a person is considered a juvenile and what age they become an adult for justice purposes Called the "upper age of jurisdiction" or the oldest age a juvenile court has authority over a youth. Anyone over that age must usually be dealt with in adult court
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upper age
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Most states set the upper age at 17, meaning a juvenile becomes an adult for justice purposes at 18 Some states set it as low as 16 (17 adult) or even 15 (16 adult)
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Delinquency Defined
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Is an "act committed by a juvenile that, if committed by an adult, would be a criminal act"
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Core delinquency offenses
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Crimes against persons Crimes against property Drug law violations Offenses against public order
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Status offenses
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Acts which are only prohibited for juveniles in some states may be delinquency offenses in other states Examples are truancy and smoking
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The Juvenile Justice System has jurisdiction over juveniles in a variety of situations
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Delinquency Status offending, such as instances indicating a need for supervision Dependency and neglect cases Family situations involving children such as child visitation and divorce proceedings
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Intake Intake officers decide
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Whether to petition the youth for an adjudication hearing Whether to divert the youth informally Which option to use depends on: Amount and quality of evidence Prior arrests of youth Probation status Seriousness of current offense And others...
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Adjudication
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The equivalent to an adult trial Usually less formal than adult trials and considered civil in nature The more serious the alleged offense, the more formal the process becomes and hence, more "adultlike" Usually decided by a judge Guilt is established by the standard of beyond a reasonable doubt in delinquency cases No constitutional right to jury trial or public trial States may give juveniles these rights by law The role of plea bargaining and juvenile guilty pleas
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Disposition
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The equivalent of sentencing in the adult system The second stage in a bi-furcated (two step) process Usually conducted a few days to a few weeks after adjudication Rationale is to give the judge time to review the case and offer a proper and informed disposition Time for the pre-disposition report The role of probation officers and the pre-disposition report Many dispositions available to juvenile court judges The harshest being secure institutionalization in state school or a juvenile correctional institution The most common being juvenile probation
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aftercare
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Sometimes called parole A period of supervised release in the community before outright discharge from supervision Only for juveniles who have been institutionalized in state school If non-compliant with requirements, a juvenile's parole may be "revoked" The juvenile may then be sent back to institutionalization and paroled again
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The Devil and Delinquency
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Prior to the 1700's, the dominant view was that "criminal behavior" occurred because of "temptation" or being "possessed" by the devil "Trial by ordeal" was designed to test whether the individual was under the influence of the devil or would be protected by God
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classical school
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- human beings rationally weighed the costs and benefits of committing a crime Theorized a system of punishments where the costs of committing a crime outweighed the benefits of that crime To deter crime, punishment should be swift, certain and severe but must also be proportionate to the crime committed Certainty was said to be most important
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Determinism school
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the causes of delinquency are predetermined to the individual or environmental factors. Crime is not the result of choice and free will
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Positivism school
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a perspective of thought in which causes of behavior can be measured and observed
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positive school
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- application of scientific principles to the study of crime
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Cesare Lombroso
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proposed that criminals were biologically inferior or different than non-criminals
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Atavists
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born criminals that could be recognized through certain physical characteristics or "stigmata
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Phrenology
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study of the shape and contours of the skull to classify/predict delinquency
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Craniologist
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developed maps of the skull and explanations for certain behaviors
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Mesomorphs
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muscular persons with big bones and strong bodies Believed to be more prone to delinquency
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Endomorphs
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soft and round body types
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Ectomorphs
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tall and thin body types
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Genetic Influences
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Crime is transmitted or inherited through bad genes Twin and adoption studies and nature versus nurture
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id
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- desire for things, primitive instinct
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ego
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part of the personality that organizes and decides between choices and alternatives
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super ego
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- a person's conscience, which suppresses impulses
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Social Disorganization Theory
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Shaw and McKay theorized that crime and delinquency was the result of a socially disorganized environment
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Social Disorganization Theory
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Slum conditions, high residential mobility, high population density, poverty and severe social deterioration prevent community identity and cohesion These factors led to the loss of informal social control and social disorganization
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Strain Theory
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Merton's Social Structure and Anomie Robert Merton and the American Dream Strain or Anomie - result of a disjuncture between the goals and mean structure in society Adaptations to Strain
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Conformists (adaptations of strain theory)
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- accepts the goals and the means
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Innovators (adaptations of strain theory)
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accepts the goals but rejects the legitimate means and opts for illegitimate means
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Ritualists (adaptations of strain theory)
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- rejects the goals but accepts the means
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Retreatists (adaptations of strain theory)
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rejects both the goals and the means
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Rebels (adaptations of strain theory)
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- rejects both the goals and the means and by replacing them with new goals and means
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Sutherland's Differential Association Theory
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Criminal behavior is learned through communication with primary influences A person becomes delinquent because of an exposure to more definitions favorable to violation of law than unfavorable Definitions are rationalizations and attitudes for or against criminal behavior May vary in frequency, duration, priority and intensity Much more than a theory of "bad companions"
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Agnew's General Strain Theory
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Failure to achieve positively valued goals Removal of positive stimuli Presentation of negative stimuli
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Amount of strain
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recency, duration, magnitude, and clustering Some "strain" is worse than others, depending on the above
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Social Bonding and Control Theory
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answer why everyone does not commit crime. Hirschi states it is because people are bonded to society Attachment - to parents, schools and peers Commitment - degree to which an individual is invested, if they have a "stake in conformity" Involvement - in conventional activities Belief - extent to which individuals subscribe to general laws and rules Delinquency occurs when the bonds to society are weakened or broken
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Conflict Theory
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Crime and delinquency are a result of conflict between those who have power and those who do not Powerful entities vs. certain populations in society
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Gottfredson and Hirschi's General Theory of Crime
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Crime and delinquency result from low self-control by parental failure to monitor children, recognize problem behavior, and punish properly
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Moffitt's Dual Taxonomy
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Two types of delinquents: Life-course persistent - delinquent/anti-social throughout life-course Delinquency and problem behavior is stable through life Adolescence-limited - in rebellion to authority, but grow out of it Delinquency is temporary and situational
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Sampson and Laub's Crime and the Life Course
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Trajectories, transitions, and turning points Social capital - a reason to avoid crime A person may be on the path of criminality when certain events, or transitions, occur and become turning points that redirect an individual on to a non-criminal path
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Uniform Crime Report (UCR)
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Crimes reported and arrests made by 17,000 law enforcement agencies policing 95% of U.S. population Part I offenses - most serious person and property offenses Most likely to be reported to police Part II offenses - most other offenses, except traffic violations Hierarchy rule and other problems with UCR in measuring juvenile crime
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National Incident Based Reporting System (NIBRS)
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Counts crimes reported and arrests made for 46 categories of crime and their subdivisions Tracks 53 specific pieces of information about each criminal incident More detailed than UCR, but remains a supplement, not a replacement to it
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Self-Report Data
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Surveys to juveniles about their behavior If you want to know about offending—ask the juvenile Monitoring the Future (MTF) - surveys about 50,000 8th-12th graders Youth may lie, forget, or exaggerate their behavior
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Victimization Data
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Surveys individuals about victimization they have experienced National Crime Victimization Survey (NCVS) - survey about 160,000 individuals a year. Collects crimes committed against an individuals and households Does not survey individuals under 12 years of age
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Delinquent behavior
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any act that if committed by an adult would be considered a crime
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Status offending
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conduct that is prohibited only for minors
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Dependency and neglect
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conduct (or lack of conduct) of a youth's parents Dependency is where parents want to take care of their children but cannot Neglect is where parents can take care of their children but choose not to
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Probable cause
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the facts and circumstances within a police officer's knowledge...are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed
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Warrant
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written order from a court, based on probable cause, allowing an officer to arrest a person
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Who Determines Probable Cause?
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A neutral and detached judge A police officer
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Establishing Probable Cause
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An officer may use any "trustworthy" information: Hearsay, informant information, anonymous tips Victim reports, firsthand knowledge, experience Combination of any
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Arrests of Juveniles
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Child has committed a delinquent act Child is suffering from an illness, injury or may be in danger There is "reasonable suspicion" to believe the youth is a runaway or child in need of supervisi
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Legal Factors Influencing Juvenile Arrests
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Discretion Seriousness of the offense Frequency of the offense Prior or current involvement with the juvenile justice system Probation Parole Recently released from institutionaliza
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Extralegal Factors Influencing Juvenile Arrests
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Race Gender Protective factor Chivalry factor Socioeconomic Status
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Other Factors Influencing Juvenile Arrests
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Demeanor Family situation Victim or citizen complaint Departmental style/policy Peer associations Individual characteristics Juvenile system characteristi
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Stop and Frisk Terry v. Ohio (1968)
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a police officer may stop an individual if they have a "reasonable suspicion" that criminal activity is afoot Reasonable suspicion - degree of proof that is less than probable cause Frisk - protective pat-down search of outer clothing to search for weapons if the officer reasonably suspects the person is armed and dangerous
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Searches and Seizures
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Young age is not an absolute bar to consent Voluntary - not the result of coercion of deprivation Totality of circumstances Juvenile's age, maturity level and experience in the juvenile justice system
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Police search and seizure with parental consent
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United States v. Matlock (1974) - a third party can consent to a warrantless search of a premise where there is common authority Parents may not be able to give consent if the child is paying room and board
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New Jersey v. T.L.O (1985)
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- public school officials only need "reasonable grounds" to search a student and his or her possessions
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Cason v. Cook (1987)
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- searches by school officials, with police assistance, only need reasonable grounds to search In this case, officer was a liaison officer Rules differ for city policy officers not in school capacity
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Miranda Wording and Juveniles
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Four rights that suspects must be informed of when under "custodial interrogation" Right to remain silent Any statements made can be used against them Right to counsel If they cannot afford counsel, they will receive a court-appointed lawyer A juvenile's diminished capacity to understand Miranda The fifth Miranda warning
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Yarborough v. Alvarado (2004)
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Should a juvenile's age and experience be considered in making a "free to leave" custody determination? Court said "no"
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Implications for Juveniles
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The Supreme Court ruled that an evaluation of a juvenile's age and experience by police officers is not required to determine custody
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A Juvenile May Waive Miranda Rights: The Totality of Circumstances Test
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Waiver - intentional relinquishment of a known right or remedy Intelligent waiver - a suspect knows what he or she is doing and is competent to waive legal rights Voluntary waiver - one that is not the result of a threat, empty promise, or force but is made of the suspect's free will Waiver must be "intelligent and voluntary" under the totality of circumstances Totality of circumstances Evaluation of the juvenile's age, experience, education, background and intelligence Evaluation of the understandings of the warnings given, the nature of the 5th amendment rights, and the consequences of waiving those rights
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Per Se Rules and Juvenile Waiver
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Parent or interested adult presence may be required before waiver Lawyer presence may be required before waiver
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Refusal to Waive Miranda Must be Clear and Unambiguous
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The burden is on the juvenile to clearly state his or her desire to not participate in a custodial interrogation
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Kirby v. Illinois (1972) and U.S. v. Wade (1967)
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Suspects do not have a constitutional right to have counsel present during a lineup unless formally charged
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Lineup
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must include at least five people of the same sex and dressed in the same type of clothing with a random selection of person
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Media, Juveniles, and the Police
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The Supreme Court ruled that publishing the name and the photograph of a juvenile was constitutional as long as the information was obtained legally
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Adjustment (as in informal adjustment)
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): Refers to the process of dealing with a delinquency referral informally. The case is "adjusted" which means that the youth is offered diversion in lieu of facing an adjudication hearing.
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Critical stage
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Stages where incriminating evidence may be obtained from a suspect. Defendants have a right to a lawyer and are protected from self-incrimination at all critical stages.
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Delinquency petition
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A formal complaint or request, typically from a prosecutor, asking the juvenile court judge to adjudicate a youth delinquent. A delinquency petition may contain information about the alleged crime and other information such as the juvenile's prior record.
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Delinquency referral
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A notice to an intake officer that a juvenile has engaged in delinquent conduct. Delinquent referrals typically come from police officers, but some states allow school officials, parents, and general citizens to directly make a delinquency referral to an intake officer.
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Diversion
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Another name for informal adjustment or informal processing. Diversion refers to the process of "diverting" youth from the formal juvenile justice system by offering them an informal way to resolve their delinquency referral
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Formal diversion
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A type of diversion where youths are required to do more than remain violation free during a specified adjustment period. Formal diversion typically includes community service, restitution, or attendance in a counseling program.
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Informal diversion
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: A type of diversion where youths are required only to remain violation free during a specified period of time. Youths are not required to attend to other stipulations such as community service as they are with formal diversion.
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Intake
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is a screening process of all delinquency referrals after arrest. Determine which cases will be informally adjusted and which cases will be petitioned to the juvenile court.
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Intake conference
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An informal meeting typically between intake officers, the juvenile, and his or her parents. Are intended to be informal and information gathering so the intake officer can make an informed decision whether to adjust the youth's case or file a delinquency petition.
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Intake Officers
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Usually a probation officer or prosecutor who screens all delinquency referrals for their legal merit. Intake officers make decisions on which cases will be dealt with informally versus cases that will be petitioned to the juvenile court.
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Net-widening
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Occurs when juveniles who would not have been petitioned to juvenile court are placed on diversion. Diversion is intended for youths who would have formerly been petitioned in the absence of a diversion program.
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Waiver petition
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A petition or request by an intake officer or prosecutor asking the juvenile court judge to consider that the case be heard in adult not juvenile court. Juvenile court judges typically make final decisions on petitions to waive a juvenile. Waiver petitions are usually based on offense seriousness.
