Juvenile Corrections

Chapter 12

The Problem of Youth Crime

In a typical year, about… 651 youths under the age of 18 are arrested for

homicide 2,071 for forcible rape 31,265 for aggravated assault

Extremely serious juvenile crime is still rare

Discussion Question

What is your opinion on juvenile crime statistics in America? Does it seem like an epidemic? What can be done to combat the problem?

The History of Juvenile Corrections in the United States

The Puritan Period

1646-1824 family is economic unit, symbolic standard of maturity

The Refuge Period

1824-1899 child is helpless and in need of state intervention

The History of Juvenile Corrections in the United States

The Juvenile Court Period Parens patriae- court acting on behalf of parent Informality- conversational hearings Individualization- each child is unique Intervention- adjustment to law-abiding lifestyle Delinquent, neglected, dependent children

The History of Juvenile Corrections in the United States

The History of Juvenile Corrections in the United States

The Juvenile Rights Period 1960-1980 movement to define and protect rights as

well as services to children

The Crime Control Period 1980-2005 system is formal, restrictive, punitive, police

referrals increased, longer incarceration

Evidence-based 2005-present reduced use of confinement and focus

on prevention

Supreme Court Cases

Kent v. US (1966)- due process

In Re Gault (1967)- notice, hearing, counsel, cross-examination

In Re Winship (1970)- beyond a reasonable doubt

McKeiver v. Pennsylvania (1971)- jury trials are not required

Supreme Court Cases

Breed v. Jones (1975)- waiver to adult court

Smith v. Daily Mail Publishing Co. (1979)- press

Eddings v. Oklahoma (1982)-age in capital cases

Schall v. Martin (1984)- preventive detention

Supreme Court Cases

Stanford v. Kentucky (1989)- capital punishment is 16 years old

Roper v. Simmons (2005)- 8th amendment applied to death penalty age 18

Juvenile Corrections in the US

Why Treat Juveniles and Adults Differently? Juveniles are young and may easily change Juveniles have a high rate of “desistence” Juveniles’ families are an important part of their lives Juveniles are easily influenced by their peers Juveniles have little responsibility for others

Discussion Question

What is your opinion on policy makers and the juvenile justice system? Do you believe our law-makers are making correct strides to better the system? Why or why not?

Juvenile Sanctions

Sanctioning Juvenile Offenders Disposition of juvenile offenders Waiver Diversion Correctional programs Detention Adjudication

Factors in juvenile’s history

Persistent behavior problems Onset of delinquency, aggression, drug use Antisocial parents Antisocial peers, poor school performance,

impulsivity, weak social ties Membership into delinquent gangs Drug dealing

Juvenile Sanctions

Sanctioning Juvenile Offenders Juvenile probation Working in the schools Intermediate sanctions for juveniles Juvenile community corrections Juvenile incarceration Juvenile aftercare

Discussion Question

What if you were a straight-A student in a traditionally bad area of the country, in a subpar school system; you are tired of the slackers and trouble-makers making your school appear far from educationally friendly, especially because you are hoping to earn a scholarship to college. How open would you be to school-based programs for juveniles?

Juvenile Corrections

The Future of Juvenile Justice Public policymakers

Public opinion

Juvenile waiver

Tougher probation

Middle ground

Discussion Question

What if the future of the juvenile justice system was to get tough on crime, much like the adult system? What repercussions do you predict would occur?