© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill CHAPTERCHAPTER SIXTEENSIXTEEN

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill JUVENILE CORRECTIONS: End of an Era? Photo © Corbis, used with permission.

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DEFINITIONSDEFINITIONS PARENS PATRIAE: A Latin term that refers to the state as guardian of minors and incompetent people. REFORM SCHOOL: A penal institution to which especially young or first-time offenders are committed for training and reformation.

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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. A BRIEF HISTORY © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Lyman School, the first state- sponsored reform school, opened in Massachusetts in After the Civil War, states required both juvenile and adult penal facilities to offset costs by contracting inmate labor to local manufacturers. A BRIEF HISTORY

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill In 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). A BRIEF HISTORY

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The U.S. Supreme Court dramatically changed juvenile justice through its rulings in five key cases:  In Kent v. United States (1966), the Court ruled that juvenile offenders are entitled to certain essential due process rights. LANDMARK CASES

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill  In In re Gault (1967), the Court granted juvenile offenders the right to appointed counsel, as well as other procedural protections.  In re Winship (1970) applied the reasonable doubt standard in all delinquency adjudications. LANDMARK CASES © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill  McKeiver v. Pennsylvania (1971) held that the Fourteenth Amendment’s due process clause does not mandate jury trials in juvenile court.  In Breed v. Jones (1975), the Court applied double jeopardy protection to juvenile adjudication proceedings. LANDMARK CASES

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The U.S. Supreme Court’s decisions in these cases affirmed juvenile due process rights. As a result, the “best interest of the child” is no longer the only concern for juvenile courts; they also are required to protect the juvenile’s constitutional rights. LANDMARK CASES

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill PERCENT OF ARRESTS INVOLVING JUVENILES, 2002

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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). DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill JUVENILE DELINQUENTS: SELECTED CHARACTERISTICS Of the estimated 1.8 million delinquency cases handles by U.S. juvenile courts in 1998: 36 percent involved a juvenile under age percent involved boys 67 percent involved white juveniles 29 percent involved black juveniles 56 percent were drug and property offenses

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill THE JUVENILE JUSTICE PROCESS The three phases of the juvenile justice process are: Intake Adjudication Disposition © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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. ADJUDICATION: The process by which a court arrives at a final disposition in a case; also the second stage in the juvenile justice process. In which the court decides whether the offender is formally responsible for (guilty of) the alleged offense. DEFINITIONSDEFINITIONS © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DISPOSITION: The third stage of the juvenile justice process in which the court decides the disposition (sentence) for a juvenile case. JUVENILE DETENTION FACILITY: A facility for keeping juvenile offenders in secure custody, as necessary, through various stages of the juvenile justice process. DETENTION HEARING: A judicial review of the intake officer’s detention decision. DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill JUVENILE COURT: Any court that has jurisdiction over matters involving juveniles. 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. DISPOSITION: The third stage of the juvenile justice process in which the court decides the disposition (sentence) for a juvenile case. DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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. GROUP HOME: A nonsecure residential facility for juveniles. DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill RESIDENTIAL TREATMENT CENTER: A residential facility that provides intensive treatment services to juveniles. 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. DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill In this first phase of the juvenile justice process, cases are reviewed by a court- appointed officer, who recommends a course of action. The intake officer may recommend: dismissal; informal resolution (no petition filed); formal resolution (a petition for an adjudication hearing is filed); or transfer to adult court. INTAKE © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill In this second phase of the juvenile justice process, a juvenile court hears the case. ADJUDICATION DISPOSITION In this third phase of the juvenile justice process, the juvenile court decides on a disposition (sentence). © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Juveniles may be transferred to adult court under one of three provisions:  Waiver Provisions, under which the juvenile court orders transfer of the case to adult criminal court.  Direct File Provisions, under which the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court.  Statutory Exclusion Provisions, under which adult criminal court jurisdiction for certain juvenile cases is established by state law. TRANSFER to ADULT COURT

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Juveniles may be transferred to adult court under one of three provisions:  Waiver Provisions, under which the juvenile court orders transfer of the case to adult criminal court.  Direct File Provisions, under which the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court.  Statutory Exclusion Provisions, under which adult criminal court jurisdiction for certain juvenile cases is established by state law. TRANSFER to ADULT COURT

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Also called peer and youth courts, teen courts have become a popular alternative to the traditional juvenile court for young or first-time offenders. Teen courts use one of four models: The Adult Judge model, with an adult serving as judge and youth serving as attorneys and court staff. TEEN COURT

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Youth Judge model parallels the Adult Judge model, with the exception that a youth serves as judge. The Tribunal model, with youth attorneys presenting 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. The jury questions the defendant. TEEN COURT

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill 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. DEFINITIONSDEFINITIONS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill There are an estimated 30, 800 youth gangs in the U.S. Total membership in U.S. youth gangs exceeds 846,000. Youth in correctional settings join gangs for protection, or to relieve boredom. YOUTH GANGS

© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill