Chapter 16 Juvenile Corrections: End of an Era?
A Brief History • The English and American juvenile justice systems use the doctrine of parens patriae. • Latin term that refers to the state as guardian of minors and incompetent people • Historically, juvenile offenders in England were confined with adults. • In 1704, John Howard introduced a Roman institutional model for juvenile offenders. • American colonists brought his ideas to the new world. • Reformers tailored Howard’s ideas to create houses of refuge, reform schools, and industrial schools for juveniles.
A Brief History – Continued • In 1825, the first legally chartered American custodial institution for juvenile offenders, the New York House of Refuge, was established by penal reformer Thomas Eddy, education reformer John Griscom, and the Society for the Prevention of Pauperism. • The Lyman School, the first state-sponsored reform school, opened in Massachusetts in 1848. • Reform School – a penal institution to which especially young or first-time offenders are committed for training and reformation
The Juvenile Court • People ex rel. O’Connell v. Turner (1870)– the Illinois Supreme Court began the movement toward creating a separate juvenile court • That movement came to fruition in 1899, when the Illinois legislature established the nation’s first juvenile court in Cook County (Chicago)
Delinquents Taken into custody Petition is filed Held on petition Adjudicatory hearing Finding Disposition Adjudicated Training school Aftercare Criminals Arrested Charge filed Indicted Trial Verdict Sentence Convicted Prison Parole Juvenile Euphemisms
Landmark Cases • Kent v. United States (1966) – in cases involving transfer of jurisdiction, juveniles are entitled to certain essential due process rights, such as a hearing, an attorney, access to records, a written statement of reasons for the transfer • In re Gault (1967) – juvenile offenders have the right to reasonable notice of charges, appointed counsel, question witnesses, and protection against self-incrimination
Landmark Cases – Continued • In re Winship (1970) – the guilty beyond a reasonable doubt standard should be required in all delinquency adjudications • McKeiver v. Pennsylvania (1971) – the due process clause of the Fourteenth Amendment does not require jury trials in juvenile court • Breed v. Jones (1975) – the double jeopardy protection applies to juvenile adjudication proceedings • Shall v. Martin (1984) – preventive detention may be used for juveniles
Juvenile Crime • Delinquent offenses - acts committed by juveniles that, if committed by adults, could result in criminal prosecution • Status offenses - acts that are law violations only for juveniles such as running away, truancy, or ungovernability • Sometimes referred to as incorrigibility or being beyond parental control
The Juvenile Justice Process The three phases of the juvenile justice process are: • Intake • Adjudication • Disposition
Intake • The first stage of the juvenile justice process. • A court-appointed officer reviews the case and recommends a course of action— • dismissal, • informal disposition, • formal disposition, or • transfer to adult criminal court
Detention • Detention Hearing – a judicial review of the intake officer’s detention decision • Juvenile detention facility – a facility for keeping juvenile offenders in secure custody, as necessary, through various stages of the juvenile justice process • Guardian Ad Litem – a person appointed by the juvenile court, often defense counsel, to serve as a special guardian for the youth being processed through the juvenile justice system
Adjudication • The process by which a court arrives at a final disposition in a case; also the second stage in the juvenile justice process • The court decides whether the offender is formally responsible for (guilty of) the alleged offense • Equivalent to the trial in adult criminal cases
Disposition • The third stage of the juvenile justice process in which the court decides the disposition (sentence) for a juvenile case • Equivalent to the sentencing of an adult offender • Predisposition report – a report that documents (1) the juvenile’s background; (2) educational history; (3) information gathered from interviews with the juvenile, family members, and others; (4) available placement options; and (5) recommended dispositions
Types of Dispositions • Probation • Commitment to group homes • A non-secure residential facility for juveniles • Residential treatment • A residential facility that provides intensive treatment services to juveniles • Boot camp • Juvenile correctional institutions • Blended sentencing • A two-part (juvenile and adult) sentence in which the adult sentence may be waved if the offender complies with all provisions of the juvenile sentence
Evidence-Based Practice and Juvenile Corrections • Few studies have focused on reducing recidivism among juvenile offenders • Most effective strategy for treating and rehabilitating juvenile offenders • Prevention programming • Continuum of pre-trial and sentencing placement options • Services and sanctions • Aftercare programs • An example is the approach used by the California Division of Juvenile Justice (DJJ)
Transfer Juveniles may be transferred to adult court under one of three provisions: • Waiver Provisions – the juvenile court orders transfer of the case to adult criminal court • Direct File Provisions – the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court • Statutory Exclusion Provisions – the adult criminal court jurisdiction for certain juvenile cases is established by state law
Juvenile Correctional Facilities • Juvenile corrections functions are placed in various state agencies by the different states. • Operating budgets for the agencies ranged from $642 million (Florida) to about $10 million (North Dakota). • Nationwide, the number of delinquency cases involving detention increased 42 percent between 1985 and 2002, from 231,400 to 329,800.
Teen Courts • Courts in which youths adjudicate and impose disposition for a juvenile offense • Also called peer and youth courts • Have become a popular alternative to the traditional juvenile court for young or first-time offenders
Four Models of Teen Courts • The Adult Judge model – an adult serves as judge and youth serve as attorneys and court staff • The Youth Judge model – parallels the Adult Judge model, with the exception that a youth serves as judge • The Tribunal model – youth attorneys present the case to a panel of three youth judges • The Peer Jury model – uses no attorneys; the case is presented to the jury by a youth or adult and the jury questions the defendant
Youth Gangs • Gang: a criminal enterprise having an organizational structure, acting as a continuing criminal conspiracy, that employs violence and any other criminal activity to sustain itself • Youth gang: a gang whose membership is generally comprised of people between the ages of 12 and 24 • Street gang: an organized group of people on the street often engaged in significant illegitimate or criminal activity