NURS 533 Victimology A. Student

Introduction n 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 n What is “Delinquency”??? –a juvenile committing an act for which an adult can be prosecuted in criminal court

Upper Age Limit By State

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

Juvenile Crime Clock n 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 n [FBI UCR, 1995]

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

Juvenile Homicide Rate n Source: James Alan Fox, Trends in Juvenile Violence

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

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

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

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

Prevention Programs vs Incarceration n Cause of delinquency include: –Child abuse –Lack of family structure –Anti-social behavior early in life n 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

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

Problems with Incarceration-> n 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 n Source: Rand Corp n Attempt to eliminate incarceration for juveniles failed in Massachusetts

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

Do Boot Camps Work? n 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

Effectiveness of Curfews n 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

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

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

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

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

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

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