Part I INTRODUCTION

Chapter 1: Juvenile Justice: An Overview Juvenile Justice in America, 5th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ 07458

Outline How Did Juvenile Justice Develop 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? 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.) 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

Objectives 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 (pp. 14 –17): 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.

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.

1. What is the juvenile justice system? What does it do?

Responsible for controlling and correcting the behavior of troubled juveniles

2. How were juveniles handled by society before the founding of the juvenile court?

Hints (pp. 5–6): Puritan times: Focus was on raising children correctly and making them follow society’s rules. The early Massachusetts Puritan code become the model for the U.S. Constitution. Beginnings of industrialization: Increase in unruly children led to the creation of training schools. Urbanization: Cities grew rapidly, fed my immigration, which led to poverty, disease, dilapidation.

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: Targeted by the middle and upper class. Juveniles treated as adults: The Chicago court was created that treated juveniles as adults. Middle- and upper-class female reformers: Wanted to reaffirm parental authority, the role of women and save children from the streets. Positive school: Argued that people were pushed into crime by forces beyond their control. Formed basis for early juvenile courts.

4. Describe the early juvenile court.

Hints (pp. 6–9): Cook County, 1899: Based on the premise of parens patriae, which allowed it to take charge of children. Informal basis: Not structured like traditional courts No courtrooms Could be brought the court without criminal charges Hearing and records not public Proof of criminality not necessary Court had wide discretion on actions Attorneys not necessary Due process rights suspended. Proof beyond a reasonable doubt not required; hearsay evidence allowed. Judge as father figure Needs of child

5. What was the thinking behind the development of the first houses of refuge?

Hints (pp. 10–11): First House of Refuge established in New York city in 1825. Industrialization: Led to sizeable increases in city populations Changes in family and community: Community norms could no longer be enforced through traditional means. Urbanization: Existing jails and prisons: Not suitable for children Family model (develop fully): Intended to instill order, discipline, and care Internal organization and discipline: Harsh…it was believed that once authority was established, the children would look at the superintendants admiringly and as friends.

6. When were reformatories developed, and what were their goals?

Hints (pp. 11–12): Mid nineteenth century: Variation of the House of refuge with greater emphasis on schooling. Schooling and labor: Children contracted out for labor in manufacturing industries.

7. Describe the cottage system.

Hints (p. 12): Rural values Rural areas Housed in separate building, not fortress like structures. Structural organization still the accepted model for juvenile facilities today.

8. Describe the history of juvenile probation up to the present.

Hints (pp. 12–13): John Augustus: Boston cobbler who took on his first client in 1841. Instigated services such as investigation and screening, supervision of probationers, interviewing, and arranging for relief, employment, and education. First regulation by statute: Regulation established by the mayor of Boston in 1878 with the appointment of the first paid probation officer. Juvenile court era: Probation officers considered themselves servants of the court and not defenders of children’s rights.

National Association of Probation Officers: Established the first association for probation officers in 1907. Post-WWI: Need for training social workers increased. The social workers of the time were trained under the medical model and treated juvenile probationers as disturbed patients. Original probation theory: It was better for children to be home with their parents as long as they obeyed the injunction, “Go and Sin no more.”

9. What are the definition and history of aftercare?

Hints (pp. 13–14): Aftercare is focused on how to best deal with the problems of youthful offenders after their release from a juvenile facility.

History: First juvenile institutions placed juveniles: Discretion typically rested with the superintendents. System was formalized in the 1890’s Professionals––early 1900s Underdeveloped today

10. What are the historical themes of juvenile justice? Discuss each.

Increased authority of the state Reform and retrenchment: Cycles of harsh punishment followed by lenient punishment. Ex: 60’s-70’s were soft; 80’s-90’s hard. Get tough and go soft approaches: Least restrictive approaches are advocated over tougher measures. It is argued that juveniles brought into the system are labeled, which later become self-fulfilling prophecies. The philosophy is to do as little as necessary and to especially avoid bringing offenders of status offenses into the juvenile justice system.

Threat of the dangerous poor: Crime in early America was blamed on the poor, especially immigrants. Institutions were needed to protect society against the so-called dangerous poor. Behaviors identified as deviant typically were behaviors associated with the poor. The unsolvable nature of youth crime: Does anything work?

11. What are the juvenile justice agencies?

Hint (pp.18–19): The police, the juvenile court, and corrections make up the three subsystems.

12. What are the functions of each of the agencies?

Hint (p. 18): Police: Basic responsibility is to enforce the law and maintain order

Hint (p. 19): 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. 19): Corrections: Responsible for the care of juvenile offenders sentenced by the courts

13. Describe the differences and similarities between the juvenile and adult justice systems.

Similarities: Police use discretion with both juvenile and adult offenders. Juvenile and adult offenders receive Miranda and other constitutional rights at time of arrest. Juveniles and adults ca be placed in pretrial facitlities. The juvenile court and the adult court use proof beyond a reasonable doubt as the standard of evidence. Plea bargaining may be used with both juvenile and adult offenders. Convicted juvenile and adult offenders may be sentenced to probation services, residential programs, or institutional facilities. Boot camps are used with juvenile and adult offenders. Released institutional juvenile and adult offenders may be assigned to supervision in the community.

Differences: Juveniles can be arrested for acts that would not be criminal if they were adults (status offenders). Age determines the jurisdiction of the juvenile court; age does not affect the jurisdiction of the adult court. Parents are deeply involved in the juvenile process but not in the adult process. Juvenile court proceedings are more informal, while adult court proceedings are formal and open to the public. Juvenile court proceeding, unlike adult proceedings, are not considered criminal; juvenile records are generally sealed when the age of majority is reached. Adult records are permanent. Juvenile courts cannot sentence juveniles to jail or prison; only adult courts may issue such sentences.

14. Describe what happens at each stage of juvenile justice processing.

Hints (pp. 21–22): Diversion: Diverted out of the juvenile justice system. Normally allowed if the crime was not serious, the victim agrees, and the juvenile admits guilt. Exclusion: Referred to the adult court system. Generally done due to statutory reason, prosecutorial discretion, or judicial waiver. Prosecution: Intake : Determines if the juvenile should be placed back in the community or a shelter or detention facility. Adjudication: Case is presented to a judge to determine whether the youth was guilty of the delinquent act. Disposition: the judge can place the youth on formal probation, order the youth to a residential facility, invoke other sanctions such as restitution, fines, or community service, or dismiss the case in consideration of actions already taken. Placement:

15. What are the different philosophies used in juvenile justice?

Hint (pp. 22–28): Four models: The treatment model, the justice model, the crime model, and the balanced and restorative model

Hint (pp. 22–24): 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. 24–25): 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. 25–26): 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. 26–28): 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