NURS 533 Victimology A. Student

1. Juvenile Justice System NURS 533 Victimology A. Student

2. Introduction • Who is a “Juvenile”??? • Each state defines by age (15-17) • exceptions include violent crimes • For violations of Federal Law, juveniles are defined as under 18 • What is “Delinquency”??? • a juvenile committing an act for which an adult can be prosecuted in criminal court

3. Upper Age Limit By State

4. The History • Originated in Illinois (1899) - The Juvenile Court Act • A distinct court to address the needs of children (i.e. removal from abusive homes, truancy, etc.) • 1925- All states except Maine and Wyoming had juvenile courts • 1945- All states had these courts

5. Juvenile Crime Clock • A juvenile is arrested for: • Murder - every 3 hours and 30 minutes • Rape - every 2 hours • Robbery - every 12 minutes • Aggravated Assault - every 8 minutes • [FBI UCR, 1995]

6. Juvenile Index Crimes • Source: US Department of Justice, Crime in the United States, 1994

7. Juvenile Homicide Rate • Source: James Alan Fox, Trends in Juvenile Violence

8. JUVENILE COURT Take into custody Petition Adjudication Hearing Adjudication Dispositional hearing Commitment Aftercare ADULT CRIM COURT Arrest Indictment Trial Conviction of guilt Sentencing hearing Sentence to jail Parole Juvenile Court Proceedings

9. Juvenile Court Proceedings • Absence of guilt in juvenile court - “found to be delinquent” • Treatment instead of punishment • Proceedings are closed to the public • No long term incarceration • Speedy proceedings and case disposal • Source: Clifford Simonsen, Juvenile Justice in America, 1991.

10. Juvenile Court Procedure • Taken into custody • Intake • Adjudication • Disposition • Aftercare • Source: Clifford Simonsen, Juvenile Justice in America, 1991.

11. Juveniles in the Adult System • Certification • Prima facie case • Public interest • Treatable • Burden of proof on prosecution • Direct file juvenile cases • Burden on proof of defense

12. Prevention Programs vs Incarceration • Cause of delinquency include: • Child abuse • Lack of family structure • Anti-social behavior early in life • Examples: • According to U.S Advisory Board on Child Abuse, child abuse increases likelihood of arrest as juvenile by 53% • 85% of Texas inmates claim to be abused

13. Prevention Programs vs. Incarceration • Institutions range from: • Serene, campuses with counselors • Prison-like settings • Half-way houses • Boot camps

14. Problems with Incarceration-> • Studies prove that incarceration does not work and is not cost effective • Early intervention programs prevent 250 crimes per $1 million spent, while prisons only prevent 60 crimes a year per million spent • Source: Rand Corp • Attempt to eliminate incarceration for juveniles failed in Massachusetts

15. Emergence of “Boot Camps” • Programs vary, but most include a paramilitary style that stresses discipline and physicaltraining • Cost of the average 6 month boot camp is around $6700, vs incarcerating a juvenile, which costs $47,400 • Source: Koch Crime Institute

16. Do Boot Camps Work? • Conflicting view of whether or not boot camps are effective: • Study of Florida boot camps revealed no difference in the recidivism rates between camps and other programs • Study of New Jersey revealed 41% of their boot camp graduates were re-arrested vs 53% from other juvenile programs • Programs that provide “after-care” appear to have higher rates of success

17. Effectiveness of Curfews • According to a 1997 United States Conference of Mayor’s Report: • In the same survey, 26 cities with nighttime curfews showed reduction in juvenile crime averaging 21% • 22 cities with day and night curfews also averaged a 21% decline • 6 cities reported increases in juvenile crime but noted that their were declines in crime 6 months to year after implementation

18. Failures of System • Even violent offenders have records cleared when becoming adults • A juvenile must be released upon reaching 18 years of age • Tough laws don’t address the roots of violent juvenile crime • Programs receive minimal funding

19. Failures(cont’d) • A percentage of juveniles are held in county jail even before trial • Industrial schools for juveniles are institutions of confinement like prisons • violence and sexual assault plague the institutions • Counselors rarely attempt to work with the juvenile’s family • Juveniles go from institutions to homes with no consistent discipline

20. Diversion Programs • Attempts to treat juveniles who would be passed over by courts • Believe juvenile courts are ineffective and stigmatizing • Consider charging a juvenile for non-criminal behavior immoral • Diversion Programs have their weaknesses also

21. International Perspective • MEXICO • 2 Dominant systems of juvenile legislation • Subject to adult jurisdiction • Subject to a separate system • Juvenile court procedures • Decisions: • Return to family[possibly under observation] • Enrollment in public/private school • Hospitalization • Commitment to juvenile facility for treatment.

22. International Perspectives (cont’d) • AFGHANISTAN • Hanafi jurisprudence • Function of judiciary • Juvenile courts • Investigation by judicial officers (possibly police) • Investigation by special prosecutor (usually female) • Determination of age of accused (7 - 14) • Decision of court

23. Conclusion • The juvenile justice system needs to be reformed • The system should address issues social and economic issues within the home