Chapter 15: Juvenile Corrections

Chapter 15: Juvenile Corrections

Deciding the Disposition A brief history of juvenile corrections Decision Alternatives to Institutionalization Probation Home Confinement and Electronic Monitoring Fines and Restitution Boot Camps Parole Confinement of Juvenile Offenders The Institutionalization of Juveniles Living in Custody Conditions of Confinement Institutions for Girls Social Organization Inmate Roles Juveniles in Adult Prisons The Death Penalty and Juveniles Characteristics of Juveniles on Death Row Should Juvenile Offenders Be Executed?

1) Deciding the Disposition a. Special attention to the reform of juvenile offenders predates the creation of the juvenile court by half a century i. The first group home (house of refuge) for juveniles opened in 1825 in New York ii. In 1846, Massachusetts opened the Lyman School for Boys which was the first state-run reform school iii. By 1876, there were more than 50 reform schools or houses of refuge around the country iv. In 1896, nearly every state had a reform school, and many states had created special reform schools for girls v. In 1899, the first juvenile court opened in Cook County, Illinois and it quickly adopted the increasingly popular idea of probation as an alternative to incarceration b. Dispositions (in the early years of the juvenile court system) were typically based on the idea of rehabilitation and the desire to do what was in the best interests of the child i. The focus on treatment seemed to work well, since most children brought to the juvenile court at this time were minor offenders ii. From the mid-1960's to the end of the 20th century, juvenile delinquency increasingly involved violent criminality

iii. The notion of rehabilitation was questioned, and many states began to enact measures designed to 'deter' juvenile delinquency (the shift from a child welfare approach toward a crime control orientation) 2) Alternatives to Institutionalization a. Probation, or the conditional freedom granted by the court to an alleged or adjudicated offender, who must adhere to certain conditions and is generally supervised by a probation officer, is often the preferred disposition for first time offenders i. Probation is based on the idea belief that rehabilitating the juvenile offender in the community can be more effective than rehabilitating the youth in an institution ii. 58% of all adjudicated delinquents receive probation b. The basic set of juvenile probation functions include: intake screenings, predispositions or pre-sentence investigations of juveniles, and court-ordered supervision of juvenile offenders i. Probation orders imposed by courts dictate that a youth must: obey all laws, periodically visit a probation officer, remain within the community, follow a set curfew, submit to random urine screenings, etc. ii. It is generally agreed that probationary conditions for juveniles are subject to certain limitations, especially if they run contrary to the interests of the community

c. Restorative justice is a rehabilitative strategy aimed at restoring or repairing relationships disrupted by crime, holding offenders accountable by requiring restitution to victims or the community harmed by the crime, promoting offender competency and responsibility, and balancing the needs of the community, victim, and offender through involvement in the restorative process i. This idea has been heavily influenced by feminist critiques of patriarchal justice and hierarchical decision making ii. Some would argue that it is a fine balance between liberals' emphasis on the humanistic potentials of victim empowerment, and conservatives' desire to seek greater justice for victims iii. Critics argue that restorative justice programs are flawed since they don't provide due process protections, disproportionately affect minorities, and are not very realistic since probation officers ability to monitor the reintegration process is limited at best d. Home confinement (house arrest), or the intensive supervision and monitoring of an offending youth within his or her home environment, is another alternative to institutionalization i. Juveniles are typically confined to their homes unless it is essential that they are somewhere else (i.e. school, work) ii. Advocates of home confinement cite that these programs cost less than one-fourth of confining youths in jail or detention centers

iii. Often, home confinement goes hand in hand with electronic monitoring, or an active or passive computer-based tracking system in which electronic signals are used to verify that the youth is where he or she is supposed to be iv. Active systems are used when the juvenile must be monitored at all times, while in passive systems the youth sends electronic signals via phone in response to computer activated calls (the juvenile may respond either by inserting a special plug worn on the wrist into the transmitter or by speaking on the phone) e. Critics of home confinement and electronic monitoring raise several questions about these programs: i. Will juveniles who would not otherwise be placed on supervision be affected by these programs? ii. Turning a juvenile's home into a prison runs contrary to the belief that "a person's home is his or her castle“ iii. How do these programs affect traditional parenting roles? (is turning parents into wardens a wise idea?) iv. Sparks fears about "big brother" and Ashcroftesque violations of privacy f. Restitution, or a court-ordered action in which an offender pays money or provides services to victims of the offense or the community, is based on 3 main principles that courts generally rely on to determine if such as disposition is appropriate:

i. A judge decides the amount of restitution on the basis of arguments presented by both the offender and the victim during the sentencing hearing ii. An insurance claim is used to determine the amount to be paid by the offender iii. The victim and offender are brought together and work out a restitution agreement that is satisfactory to both parties (a fine, or a cash payment determined by the court and paid by the youth or his/her parents, is then arranged) g. Boot Camps, or short-term confinement facilities where youths are exposed to a militaristic environment in which the emphasis is on physical fitness, work and education, have become increasingly popular in recent years (Jenny Jones, anyone?) i. By 1996, 48 juvenile boot camps were in operation in over 28 states

ii. It is important to note that these programs are designed for mid-range offenders or those who are not yet defined as 'hard-core criminals' (youth who need a more severe disposition than probation or restitution) iii. Juvenile boot camps are generally much less costly than traditional state-run correctional institutions, and are typically centered around a 3-4 month intense program iv. Advocates of these camps contend that the structure of boot camp programs is conducive to positive growth, discipline and life changes for the offenders v. Critics argue that the confrontational environment of boot camps ('in your face drill instructors') undermines any opportunity of effective therapy or educational achievement and that the group orientation of such camps ignores the needs of the individual offender vi. Even more importantly, recent studies have found that there are no significant differences in recidivism rates between juvenile correctional facilities and boot camp institutions vii. Also, while youth in traditional facilities frequently reported feelings of being danger from other youths, youth in boot camps frequently reported feelings of being in danger from staff (the element of fear is present in both)

h. Parole, or the release of and offender from a correctional institution before the scheduled period of confinement has ended which typically involves supervision by a parole officer, has its origins in the early house-of-refuge institutions i. The decision of whether or not to grant a juvenile parole is generally made at the discretion of state officials, or parole boards ii. When coupled with the traditional provision for indeterminate sentencing, allowing such discretion gives institutional officials great power over a juvenile's life for a long period of time iii. Parole (aftercare), is similar to probation because it is also conditional, in that the youth must obey all laws, observe curfews, attend school, maintain employment, etc. iv. Failure to adhere to the conditions outlined in a juvenile's parole plan will result in parole revocation v. If revoked, the juvenile will be returned to a correctional facility deemed appropriate 3) Confinement of Juvenile Offenders a. There are a range of complaints surrounding juvenile corrections: i. They should reform offenders, but they fail to do so ii. They should punish lawbreakers, but they fail to do so

iii. They should be secure and orderly, but there are many escapes and disturbances iv. The should operate with minimal cost to the taxpayer, but they are expensive b. The Institutionalization of Juveniles i. In 1997, the number of juveniles incarcerated in the United States on any given day was around 107,000 (93,000 in juvenile facilities) ii. 70% of juveniles who are incarcerated are held in public institutions, while 30% are held in private institutions iii. The average amount of time juveniles spent in public corrective institutions was about 192 days; 174 days was the average amount of time juveniles spent in private institutions (also note that most youth in public facilities were there for 'serious' offenses, while most youth in private institutions were there for status offenses) iv. As mentioned in previous chapters, there are disparities in confinement among race/ethnicity, gender, etc. c. Regardless of the causes of such disparities (see previous chapters) the Office of Juvenile Justice and Delinquency Prevention established the Disproportionate Minority Confinement (DMC) Initiative in 1991 to assist states in monitoring/assessing the disparities in the juvenile system of corrections

i. This led to the development of special programs aimed at minority youths designed to reduce this over-representation of such youths in the system (these programs included educational, social, vocation, and recreational outreach, tutoring, development of life skills, job training, etc.) ii. Since then, many targeted communities have seen a decrease of minority youth in secure correctional facilities (By 1995, minority juveniles confined in secure correctional facilities had declined from 73% to 66%) d. As a result of the de-carceration policies since the 1970's, large numbers of juveniles who were incarcerated for status offenses were shifted from institutions to community-based programs such as shelter-care facilities or group homes e. Institutions can be differentiated on the basis of their goals and orientations, and the experience of living in custody can be very different for each offender i. Treatment orientated facilities may officially promote rehabilitation, but security and other concerns can hinder this goal ii. Similarly, custodial institutions may offer rehabilitative programs, even though this is not their explicit goal (obviously, it's difficult to find a middle ground) iii. Bernard Berk conducted a study that examined both juvenile detention centers and minimum security prisons and found that inmate attitudes toward the institution were more positive in treatment-orientated facilities than in custody-orientated institutions

f. In a comparative study carried out by Barry Feld of over 10 facilities in Massachusetts, he found that there are four main types of institutional treatment settings in terms of correctional goals, programs, and social control techniques-(the two main ones are:) i. Oppressive custody orientated settings – staff roles authoritarian and hierarchical, and a high degree of institutional deprivation gave inmates many incentives to engage in covert deviancy ii. Treatment orientated facilities – There was substantially less hostility and aggression among inmates, and there were diminished incentives for violent solutions to conflict g. Clemens Bartollas gave an account of some of the most brutalizing conditions in one of the more custody-orientated institutions in Ohio, (though it can easily apply to many such institutions throughout the country), and provided a great degree of insight into how inmate leaders place new arrivals onto an informal 'scale of exploitation‘ i. At first, the inmate leaders determine whether the new boys will defend themselves when attacked and whether or not they have a history of sexual exploitation ii. The less a juvenile is able to defend themselves, the further down the exploitation scale they are pushed h. To an inmate, being the "girl" in fellatio is perhaps the most degrading of all victimization experiences, and it is made even more degrading after the news of this act is publicized through an informal grapevine throughout the facility

i. The victim of such an experience is then viewed as a social outcast and is avoided by self-respecting inmates, except when they victimize him ii. Many boys in this situation gradually accept their low standing and internalize their feelings of shame or guilt, and some may even mutilate themselves in despair I. Conditions of confinement in juvenile facilities were studied extensively by Dale Parent and his colleagues in the early 1990's. They found that there were serious deficiencies in: i. Living space – Due to crowding, most juvenile facilities have inadequate living spaces for the incarcerated youth (in 1991, 47% of confined juveniles were in institutions whose populations exceeded their design capacities) ii. Security- According to the Parent study, slightly over 800 juveniles escaped from confinement and slightly more than 800 attempted to escape iii. Controlling suicidal behavior – In 1993, juvenile corrections officials reported 14 completed suicides by youths held in secure detention centers, reception/diagnostic centers, and training schools (both males and females who are housed in isolation are more likely to engage in suicidal acts than youths housed in the general population) iv. Health Care – Parent and associates reported that although confined juveniles were provided with satisfactory basic health care, health screenings at admission and subsequent health appraisals were often not completed in a timely fashion

v. HIV and AIDS – Though Parent and colleagues did not address this issue, the Regoli/Hewitt reports that no juvenile correctional facility reported mandatory screening of incoming juveniles and that not many institutions segregate HIV infected youths or youth diagnosed with AIDS (1994 study by National Institute of Justice and the CDC found that out of the 41 state systems, 32 city or county detention centers, and 27 state training schools who responded to a survey, it was confirmed that a total of 60 confined youths were reported to have AIDS-10 girls, 50 boys) 4) Institutions for Girls a. The first institution in the United States built exclusively for girls was constructed in Lancaster, Massachusetts in 1856 and was known as the State Industrial School for Girls (it closed after 1973 after the de-institutionalized reform movement picked up steam) i. The Lancaster facility emphasized the domestic roles of woman, and attempted to socialize the inmates into said roles b. Females are significantly less likely than males to be held in either public or private facilities for delinquencies, but more likely to be in custody for status offense of other non-delinquency reasons i. A study by John MacDonald and Meda Chesney-Lind examined the processing of nearly 26,000 juvenile cases in Hawaii over a 4 year period and found that girls were nearly four times more likely than boys to be given a restrictive sanction for less serious offenses c. Social organization in correctional institutions is a result of the unique circumstances experienced by juvenile inmates

i. While boys engage in aggressive, coercive behaviors to establish hierarchies and establish social roles, girls are more likely to respond by developing family structures parallel to those outside of the institution d. Pseudo families are relationships established in correctional institutions for girls and are intended to substitute for those found on the outside (they are typically based on courtship) i. Courtship reflects traditional boy-girl relationships, but these relationships in prison can be considered heterosexual rather than homosexual (adaptation) ii. Coercive homosexual relationships often found in male institutions are rare in female facilities iii. Sex roles in such institutions typically revolve around butches and femmes (self-explanatory) iv. According to Coramae Mann, pseudo families fill at least 3 functions in female institutions: a measure of affection, a form of protection, and social control which can benefit the institution's security e. Institutionalized girls take on other roles, and Rose Giallombardo identified several: i. Finks, rats, or snitches – informants for the staff, in order to gain favor (they often face retaliation from other inmates) ii. Junior staff or cop- such inmates identify with the staff, and are often shunned by other inmates

iii. Squares and straights – girls who identify with non-criminal values, and are often viewed as being too accommodating to the staff iv. Sissies – girls who establish relationships with other inmates that go beyond pseudo families 5) Juveniles in Adult Prisons a. Approximately 100,500 persons under the age of 18 were in custody in juvenile or adult correctional facilities in 1997, and the number of juveniles in state prisons (read-adult prisons) was about 5,400 at years end, with about 7,400 youth being committed to adult prisons at some point during the year (twice the number of 1985 stats) i. 92% of juvenile inmates in adult prison were male, and there was an over-representation of minority juveniles in adult prisons in 1997 (60% black, 19% white, 13% Latino) ii. One of the most serious problems faced when incarcerating juvenile offenders in adult prisons is how to integrate them into the adult population iii. Most states allow underage inmates to be housed in state correctional facilities with other adult offenders as part of the general population iv. Six states require that all inmates under age 18 be housed separately from adults (Arizona, Hawaii, Kentucky, Montana, Tennessee, and West Virginia) v. Graduated incarceration is utilized in 12 states, (juvenile offenders begin their sentence in a juvenile facility and are transferred to an adult facility after their 18th birthday)

vi. It should go with out saying that juvenile offenders who are integrated into the general population of adult facilities are more prone to being victimized (a study by Martin Forst and colleagues found that the sexual assault of youths was five times more common in adult prisons, than in juvenile facilities) 6) The Death Penalty and Juveniles (Should juveniles be executed?) a. In 1982, the Supreme Court heard the case of Eddings v. Oklahoma and refused to rule that the application of the death penalty to juveniles violates the Eighth amendment (which is supposed to protect against cruel and unusual punishment) b. In 1988, the Supreme Court found that the execution of a person who under 16 at the time of the commission of his or her crime was unconstitutional in Thompson v. Oklahoma i. In Stanford v. Kentucky, the US Supreme Court ruled that capital punishment did not constitute cruel and unusual punishment for a person who was age 16 or 17 at the time he or she committed the crime ii. Between 1985 and 2000, 17 persons were executed who had been juveniles at the time they committed their crimes (of these 17, 15 were executed in Southern States, with 9 being executed in the state of Texas) c. At the beginning of 2001, there were 73 people on death row who had committed their offenses while under age 18 (half of all juvenile death sentences have been imposed in three states- Texas, Florida, and Alabama)

i. Today, 38 states and the federal government have death penalty statutes, with 24 of these jurisdictions permitting the execution of a person who committed his or her crime under the age of 18 d. As we move into the 21st century as the world's major superpower, it should be noted that the only two member nations of the United Nations that allow for the execution of juveniles is Somalia and the United States of America -end of chapter 15 notes

Chapter 15: Juvenile Corrections