Transcript Chapter 14
Mainstream and Crosscurrents, Second Edition
Chapter 14
Juvenile Delinquency
and Juvenile Justice
Childhood and the law
Factors that improved the status of
children …
Increased availability of education
Poor laws
Chancery courts
Parens patriae
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Childhood and the law
Juveniles in the early United States
Houses of refuge
Juvenile court
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Childhood and the law
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.
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Childhood and the law
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.
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Childhood and the law
Juvenile court
The major differences between modern
adult criminal court and juvenile court:
Focus on rehabilitation
Informal hearing
Individualized justice
Private hearings
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Children and society
Juvenile issues today …
Violence
Alcohol and drug problems
Sexuality and sex abuse
Runaway and kidnapped children
Anomie and nihilism
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Children and society
Types of youths
in the juvenile justice system
Incorrigible children
Dependent children
Neglected children
Status offenders
Delinquent children
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Children and society
Juvenile delinquency in context
Institutions and issues connected to
juvenile delinquency …
Schools
Poverty
Faulty families
Neighborhoods
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The juvenile justice system
Entering the juvenile justice system
Prehearing detention
Intake
Determining jurisdiction
Adjudicatory hearing
Disposition
Aftercare
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The juvenile justice system
Entry
Cases are inserted into the system by
a process called a referral…
From schools, parents, or child
welfare agencies
From law enforcement agencies
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The juvenile justice system
Prehearing detention
Law enforcement agencies are
discouraged from holding juvenile
delinquents in adult jails while the case
is processed.
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The juvenile justice system
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.
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The juvenile justice system
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.
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The juvenile justice system
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
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The juvenile justice system
Disposition
Comparable to the handing down of the
sentence in adult court, the disposition
can take two paths …
Residential placement
Non-residential referral
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The juvenile justice system
Aftercare
Aftercare may include …
Drug or alcohol treatment
Counseling
Attending school
Employment
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The juvenile justice system
Aftercare
Juveniles can be diverted from the system at many points.
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Problematic issues in juvenile justice today
Chronic offenders
Youth gangs
Conditions of youth confinement
Treating children as adults
Zero tolerance
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Problematic issues in juvenile justice today
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.
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Problematic issues in juvenile justice today
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.
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Problematic issues in juvenile justice today
Conditions of youth confinement
Adult prisons
Ranches and camps
Boot camp prisons
Traditional training schools
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Problematic issues in juvenile justice today
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.
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Problematic issues in juvenile justice today
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.
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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.
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The future of juvenile justice
The juvenile justice system will
continue to transfer young offenders
to criminal courts.
The age of dependency will continue
to increase.
Criminal Justice: Mainstream and Crosscurrents, 2/e
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The future of juvenile justice
Technology can level the playing field.
Trends suggest that the juvenile
justice system may be shifting its
emphasis away from the punish-ortreat dichotomy.
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John Randolph Fuller
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Questions
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?
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.