Juvenile Justice in America

Chapter 9 & 10Community Based Programs

Eric Salvador

Objectives Juvenile Probation To examine the history of

deinstitutionalization in juvenile justice To discuss the operations of the major

types of community based programs To evaluate program effectiveness To examine the main issues with

community based programming

Delinquency Prevention “Delinquency prevention is an

attractive idea – in the abstract. Preventing delinquency means stopping undesired juvenile conduct in its tracks, before it can become delinquent, and before adolescents come to the juvenile justice system’s attention…

Types of Intervention 1. Preadjudication Intervention

Ex: families, school, church, addiction clinics etc…

2. Postadjudication Intervention CJ system

A recent study by the OJJDP pointed out that the earlier the intervention can be introduced, the better opportunity of changing bhv (pg. 211)

Types of Prevention 1.Primary Prevention – preventing illegal

acts for the Juvi population as a whole 2. Secondary Prevention – identify

individuals who appear to at a high risk for delinquency and intervene early

3. Tertiary Prevention – attempt to prevent further acts once such acts have already occured

How Have Community Based Programs Evolved Community based programs were

established to keep youthful offenders out of institutions.

During the 1950’s and 60’s a reform began in New Jersey, New York, and Massachusetts.

During 1980’s retrenchment began and community based programs were being criticized.

1990’s another reform due to overcrowding.

What Has Been the Communities Acceptance of Programs?

Community based programs rest on the reintegration philosophy. That is that both the community and the offender need to be changed.

Those who do not agree with the community based housing philosophy believe the offenders are not getting the punishment they deserve.

How are Programs Administered Types of Programs:

State Local Private

What is the Role of Delinquency Prevention Delinquency prevention is defined as any

attempt to divert youths illegal behavior before it occurs.

Three levels of prevention Primary prevention- directed at modifying

conditions in the physical and social environment

Secondary prevention- seeks juveniles who appear to be at high risk for delinquency and/or abuse and to intervene in their lives early

Role of Delinquency Prevention Cont. Tertiary prevention- is directed at

the prevention of recidivism

What is the Role of Diversion? Diversion programs attempt to keep

juveniles outside the justice system 2 Types:

1. Pure diversion – suspend juvenile justice processes in favor of alternative services

2. Secondary diversion – referrals from the juvenile court outside the juvenile justice system

Types of Diversion Programs Youth Service Bureaus Runaway Centers Family Counseling Substance Abuse Counseling Teen Courts Juvenile Drug Courts Mediation Gang Intervention Wilderness Programs

The Youth Services Bureau Designed to work with youth outside

the juvenile justice system by: Mobilizing community resources to

solve youth problems. Strengthening existing youth resources

and developing new ones. Promoting positive programs to remedy

delinquency breeding conditions.

Runaway Centers After the JJDPA assistance has been

given to states and non private agencies in order to operate temporary shelter for runaway youth.

Substance Abuse/ Family Counseling Programs involve self responsibility,

intense peer pressure, self disclosure, and hard physical and emotional work.

Elan Program: 60-70 percent receive diplomas and

80 percent stay out of trouble

Teen Courts Teen courts are used for first time

offenders. Adult judge Youth judge Tribunal Peer jury

Drug Court Drug court is only offered to those with

significant drug problems. The difference between drug courts and

regular courts are: Much earlier and more comprehensive intake

process Much greater focus on the functioning of the

juvenile and the family throughout the court system

Much closer integration of the information obtained during the assessment process as it relates to the juvenile and the family.

Drug Court Cont. Much greater coordination among the

courts, the treatment community, the school system, and other community agencies in responding to the needs of the juvenile and the court.

Much more active and continuous judicial supervision of the juvenile’s case and treatment process.

Increased use of immediate sanctions for noncompliance and incentives for progress for both the juvenile and the family.

Juvenile Mediation Programs Purpose is for all involved parties to

join together to resolve differences without court involvement.

Mediator decides punishment For status and nonviolent offenders

Gang Intervention Programs Used to repress gang activity. Most gang intervention programs did

not survive due to lack of funding and the tough on crime approach.

Day Treatment Programs Juveniles spend each day in the

program and return home in the evenings.

Group Homes Group home is operated by an

agency for the purpose of housing offenders.

Wilderness Programs Outdoor program used to gain self

reliance, to prove ones self worth, and to define ones self as a person.

Restorative Justice Programs Restorative Justice Programs view

crime as an offense against human relationships

Howard Zehr: It is a process to involve, those who have a stake in a specific offense and to collectively identify and address harms, needs and obligations in order to heal and put things as right as possible

Restorative Justice (cont.) It is a future-focused model that

emphasizes problematic problem solving instead of just deserts.

It is grounded in the belief that those most affected by crime should have the opportunity to become actively involved in resolving the conflict.

Probation Individual is released into the

community with the understanding that his or her continued freedom depends on good behavior and compliance with the conditions established by his or her probation officer and/or the judge

Probation Violations Probation revocation: violation of

conditions of probation, results in the imposition or execution of the sentence that the judge has originally given down on the case

Technical violation: probationer flagrantly ignoring terms or conditions of probation

Juvenile Probation Placed on supervision with time on

the shelf for violations. Juvenile probation differs because

most juveniles can be placed on probation

Good for specific offenders. Children with a good support system

Juvenile Punishment Foster homes: when maintenance of

the family unit is clearly not in the juvenile’s best interest

Treatment Centers: such as Boys Town of America; often used in conjunction with probation, but can be by itself

Juvenile Incarceration Juvenile Corrections: most severe

disposition available to the judge Private Detention vs. Public Detention

• Private: house fewer delinquents, less strict• Public: usually located near large urban

areas, house more delinquents, usually in a dormitory set up, more serious offenders

Juvenile Capital Punishment Once waived to criminal court, individual

loses all special rights and immunities 1st recorded execution was in 1642. Since,

361 for crimes they committed while considered juveniles

Roper vs. Simmons (2005) – Unconstitutional to impose capital punishment to an individual who committed a crime while he was under 18 years old

Restrictions Cannot leave without written

permission No guns, drugs, etc. Must continue with education Must complete all programming

decided by judge

Questions???????