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Part I INTRODUCTION. Chapter 1 Juvenile Justice: An Overview. Outline. What Is the Background of Juvenile Justice In the United States? How Did the Juvenile Court Develop? What Is the History of Juvenile Confinement? How Did Probation Develop? What Is the History of Aftercare?

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part i introduction
Part I


  • What Is the Background of Juvenile Justice In the United States?
    • How Did the Juvenile Court Develop?
    • What Is the History of Juvenile Confinement?
    • How Did Probation Develop?
    • What Is the History of Aftercare?
  • What Are the Historical Themes of Juvenile Justice?
    • Discovering the Child
    • Increased Authority of the State
    • Reform and Retrenchment
    • Get Tough and Go Soft Approaches
    • Threat of the Dangerous Poor
    • The Unsolvable Nature of Juvenile Crime
outline cont
Outline (cont.)
  • What Are the Juvenile Justice Agencies and Functions?
    • The Police
    • The Juvenile Courts
    • Corrections Departments
  • How Are Juvenile Offenders Processed?
  • What Are the Most Widely Held Philosophies and Strategies on Correcting Juveniles?
    • The Treatment Model
    • The Justice Model
    • The Crime Control Model
    • The Balanced and Restorative Justice Model
    • Comparison of Four Models


  • To retrace the journey of juvenile justice in the United States
  • To reveal the historical themes that guided the development of juvenile justice in the United States
  • To present the structure and procedures of juvenile justice agencies in the nation
  • To examine the various philosophies and strategies for correcting juvenile offenders
Review definitions of childhood (p. 4):
    • Fifth century A.D.: Age 7 determined whether youths would be exempted from criminal responsibility under certain conditions.
    • Youth age 12 (girls) and 14 (boys) were held responsible for their socially unacceptable behaviors.
    • England: Children are between ages 7 and 14; their responsibilities were determined by the severity of the crime, maturity, capacity to distinguish between right and wrong, and evidence of blatant malice.
Hints (pp. 5–6):
  • Puritan times
  • Beginnings of industrialization
  • Urbanization
3. Which juveniles were targeted before the founding of the juvenile court and why? Who engineered the founding of the court, and what philosophy did they follow?
Hints (pp. 5–9):
  • Immigrants and the poor
  • Juveniles treated as adults
  • Middle- and upper-class female reformers
  • Positivist school
Hints (pp. 6–9):
  • Cook County, 1899
  • Informal basis
  • Judge as father figure
  • Needs of child
Hints (pp. 9–10):
  • Industrialization
  • Changes in family and community
  • Urbanization
  • Existing jails and prisons
  • Family model (develop fully)
  • Internal organization and discipline
Hints (pp. 10–11):
  • Mid nineteenth century
  • Schooling and labor
Hints (p. 10-11):
  • Rural values
  • Rural areas
Hints (pp. 11–12):
  • John Augustus
  • First regulation by statute
  • Juvenile court era
  • National Association of Probation Officers
  • Post-WWI
  • Original probation theory
  • New mission in 1990s
Hints (pp. 12):
  • Aftercare is focused on how to best deal with the problems of youthful offenders after their release from a juvenile facility.
    • First juvenile institutions placed juveniles
    • Professionals––early 1900s
    • Underdeveloped today
Discovering the child
  • Increased authority of the state
  • Reform and retrenchment
  • Get tough and go soft approaches
  • Threat of the dangerous poor
  • The unsolvable nature of youth crime
discovering the child
Discovering the child
  • For most of history, the special needs of juveniles were never considered
  • Subsistence living in the earliest societies required children to take on whatever productive roles necessary
  • Members of society began to debate children’s “age of responsibility”
Increased authority of the state
    • At first, the family was solely responsible for its children.
    • The state began to step in after the colonial period.
    • Parens patriae doctrine adopted from England—right of the Crown to intervene in family affairs.
    • Divorce, dysfunctional families, abuse, and neglect require attention that likely will keep the state involved.
Reform and retrenchment
    • Describe the cycle of reform and retrenchment.
  • We cannot make up our minds.
  • Thomas J. Bernard
Get tough and go soft
    • Describe each and the approaches used with each.
Get tough
    • Serious offenders
    • Punishment
    • Purposeful activity
Go soft
    • 1960s
    • Least restrictive
    • Status offenses
    • Keep out of system
    • Procedural safeguards
Threat of the dangerous poor
    • Describe who the dangerous poor were (are).
Hints (p. 15):
  • Late 1800s
  • Poverty
  • Race
Hints (pp. 15–16):
  • Unlimited progress
  • Eliminate long-standing problems
  • Tried same things over and over
  • History of cure-alls
Hint (pp.16–18):
  • The police, the juvenile court, and corrections make up the three subsystems.
Hint (p. 16):
  • Police: Basic responsibility is to enforce the law and maintain order
Hint (p. 16):
  • Juvenile courts: Dispose of cases referred to them by intake divisions of probation departments, make decisions, deal with child neglect and dependency cases, and monitor the performance of juveniles who have been adjudicated delinquent or status offenders
Hint (p. 17-18):
  • Corrections: Responsible for the care of juvenile offenders sentenced by the courts
  • Focus on practice, Box 1.3, p. 18
  • Similarities
  • Common ground
Identify and discuss the specific points on which the juvenile and adult justice systems usually are compared.
Hints (p. 17):
  • Operating assumptions
  • Prevention
  • Law enforcement
  • Intake-prosecution
  • Detention––jail/lockup
  • Adjudication––conviction
  • Disposition––sentencing
  • Aftercare––parole
Hints (p. 19):
  • Diversion
  • Exclusion
  • Prosecution
  • Intake
  • Adjudication
  • Disposition
  • Placement
Hint (pp. 20–26):
  • Four models: The treatment model, the justice model, the crime model, and the balanced and restorative model
Hint (pp. 20-22):
  • What are the assumptions of the treatment model? How does the treatment model work?
Treatment model: Based on the belief that the basic mission of juvenile justice is to rehabilitate youthful offenders. It also proposes that the legal definition of delinquency should be broad and that victimless crimes and status offenses, as well as crimes against victims, should remain on the books.
Hint (pp. 22–23):
  • What are the assumptions of the justice model? How does it work?
Justice model: Both juvenile and adult offenders are volitional and responsible human beings and deserve to be punished by the law. The punishment they receive must be proportionate to the seriousness of the offense.
Hint (pp. 23–24):
  • What are the assumptions of the crime control model? How does it work?
Crime control model: Emphasizes punishment as the remedy for juvenile misbehavior. The crime control model holds that the first priority of justice should be to protect the life and property of the innocent.
Hint (pp. 24–25):
  • What are the assumptions of the balanced and restorative justice model? How does it work?
Balanced and restorative justice model: Mission is to develop a community-oriented approach to the control of offenders rather than relying solely on either punishment by confinement or individual rehabilitation through counseling.

In the balanced and restorative justice model, what are the new roles of the victim, community, and offender?


Victim––active participation in defining the harm of the crime and shaping the obligations placed on the offender

  • Community––responsible for supporting and assisting victims, holding offenders accountable, and ensuring opportunities for offenders to make amends
  • Offender––active participation in reparation and competency development