1. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Chapter 16 Juvenile Corrections: End of an Era? 1

2. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill A Brief History The English and American juvenile justice systems use the doctrine of parens patriae. The English and American juvenile justice systems use the doctrine of parens patriae. Latin term that refers to the state as guardian of minors and incompetent people. Latin term that refers to the state as guardian of minors and incompetent people. Historically, juvenile offenders in England were confined with adults. Historically, juvenile offenders in England were confined with adults. In 1704, John Howard introduced a Roman institutional model for juvenile offenders. In 1704, John Howard introduced a Roman institutional model for juvenile offenders. American colonists brought his ideas to the new world. 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. Reformers tailored Howard’s ideas to create houses of refuge, reform schools, and industrial schools for juveniles. 2

3. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill A Brief History – Continued 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. 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. The Lyman School, the first state-sponsored reform school, opened in Massachusetts in 1848. The Lyman School, the first state-sponsored reform school, opened in Massachusetts in 1848. Reform School – a penal institution to which especially young or first-time offenders are committed for training and reformation. Reform School – a penal institution to which especially young or first-time offenders are committed for training and reformation. 3

4. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Juvenile Court People ex rel. O’Connell v. Turner (1870)– the Illinois Supreme Court began the movement toward creating a separate juvenile court. 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). That movement came to fruition in 1899, when the Illinois legislature established the nation’s first juvenile court in Cook County (Chicago). 4

5. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Juvenile Euphemisms Delinquents Delinquents Taken into custody Taken into custody Petition is filed Petition is filed Held on petition Held on petition Adjudicatory hearing Adjudicatory hearing Finding Finding Disposition Disposition Adjudicated Adjudicated Training school Training school Aftercare Aftercare Criminals Arrested Charge filed Indicted Trial Verdict Sentence Convicted Prison Parole 5

6. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Landmark Cases Kent v. United States (1966) – in cases involving transfer of jurisdiction, juveniles are entitled to certain essential due process rights, such as a hearing, an attorney, access to records, a written statement of reasons for the transfer. Kent v. United States (1966) – in cases involving transfer of jurisdiction, juveniles are entitled to certain essential due process rights, such as a hearing, an attorney, access to records, a written statement of reasons for the transfer. In re Gault (1967) – juvenile offenders have the right to reasonable notice of charges, appointed counsel, question witnesses, and protection against self-incrimination. In re Gault (1967) – juvenile offenders have the right to reasonable notice of charges, appointed counsel, question witnesses, and protection against self-incrimination. 6

7. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Landmark Cases – Continued In re Winship (1970) – the guilty beyond a reasonable doubt standard should be required in all delinquency adjudications. In re Winship (1970) – the guilty beyond a reasonable doubt standard should be required in all delinquency adjudications. McKeiver v. Pennsylvania (1971) – the due process clause of the Fourteenth Amendment does not require jury trials in juvenile court. McKeiver v. Pennsylvania (1971) – the due process clause of the Fourteenth Amendment does not require jury trials in juvenile court. Breed v. Jones (1975) – the double jeopardy protection applies to juvenile adjudication proceedings. Breed v. Jones (1975) – the double jeopardy protection applies to juvenile adjudication proceedings. Shall v. Martin (1984) – preventive detention may be used for juveniles. Shall v. Martin (1984) – preventive detention may be used for juveniles. 7

8. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Juvenile Crime Delinquent offenses - acts committed by juveniles that, if committed by adults, could result in criminal prosecution. 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. 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. Sometimes referred to as incorrigibility or being beyond parental control. 8

9. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Profile of Juvenile Cases 58% involve a juvenile age 15 or younger 58% involve a juvenile age 15 or younger 74% involve boys 74% involve boys 67% involved white juveniles 67% involved white juveniles 29% involve black juveniles 29% involve black juveniles 12% were drug offenses 12% were drug offenses 39% are property offenses 39% are property offenses 25% are public order offenses 25% are public order offenses 9

10. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Juvenile Justice Process The three phases of the juvenile justice process are: Intake Intake Adjudication Adjudication Disposition Disposition 10

11. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Intake The first stage of the juvenile justice process. The first stage of the juvenile justice process. A court-appointed officer reviews the case and recommends a course of action— A court-appointed officer reviews the case and recommends a course of action— dismissal, dismissal, informal disposition, informal disposition, formal disposition, or formal disposition, or transfer to adult criminal court. transfer to adult criminal court. 11

12. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Detention Detention Hearing – a judicial review of the intake officer’s detention decision. Detention Hearing – a judicial review of the intake officer’s detention decision. Juvenile detention facility – a facility for keeping juvenile offenders in secure custody, as necessary, through various stages of the juvenile justice process. Juvenile detention facility – a facility for keeping juvenile offenders in secure custody, as necessary, through various stages of the juvenile justice process. Guardian Ad Litem – a 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. 12

13. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Adjudication The process by which a court arrives at a final disposition in a case; also the second stage in the juvenile justice process. The process by which a court arrives at a final disposition in a case; also the second stage in the juvenile justice process. The court decides whether the offender is formally responsible for (guilty of) the alleged offense. The court decides whether the offender is formally responsible for (guilty of) the alleged offense. Equivalent to the trial in adult criminal cases. Equivalent to the trial in adult criminal cases. 13

14. © 2009 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. The third stage of the juvenile justice process in which the court decides the disposition (sentence) for a juvenile case. Equivalent to the sentencing of an adult offender. Equivalent to the sentencing of an adult offender. 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. 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. 14

15. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Types of Dispositions Probation Probation Commitment to group homes Commitment to group homes A non-secure residential facility for juveniles. A non-secure residential facility for juveniles. Residential treatment Residential treatment A residential facility that provides intensive treatment services to juveniles. A residential facility that provides intensive treatment services to juveniles. Boot camp Boot camp Juvenile correctional institutions Juvenile correctional institutions Blended sentencing 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. 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. 15

16. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Transfer Juveniles may be transferred to adult court under one of three provisions: Waiver Provisions – the juvenile court orders transfer of the case to adult criminal court. Waiver Provisions – the juvenile court orders transfer of the case to adult criminal court. Direct File Provisions – the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court. Direct File Provisions – the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court. Statutory Exclusion Provisions – the adult criminal court jurisdiction for certain juvenile cases is established by state law. Statutory Exclusion Provisions – the adult criminal court jurisdiction for certain juvenile cases is established by state law. 16

17. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Juvenile Correctional Facilities Juvenile corrections functions are placed in various state agencies by the different states. Juvenile corrections functions are placed in various state agencies by the different states. Operating budgets for the agencies ranged from $642 million (Florida) to about $10 million (North Dakota). Operating budgets for the agencies ranged from $642 million (Florida) to about $10 million (North Dakota). Nationwide, the number of delinquency cases involving detention increased 42 percent between 1985 and 2002, from 231,400 to 329,800. Nationwide, the number of delinquency cases involving detention increased 42 percent between 1985 and 2002, from 231,400 to 329,800. 17

18. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Teen Courts Courts in which youths adjudicate and impose disposition for a juvenile offense. Courts in which youths adjudicate and impose disposition for a juvenile offense. Also called peer and youth courts. Also called peer and youth courts. Have become a popular alternative to the traditional juvenile court for young or first- time offenders. Have become a popular alternative to the traditional juvenile court for young or first- time offenders. 18

19. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Four Models of Teen Courts The Adult Judge model – an adult serves as judge and youth serve as attorneys and court staff. The Adult Judge model – an adult serves as judge and youth serve as attorneys and court staff. The Youth Judge model – parallels the Adult Judge model, with the exception that a youth serves as judge. The Youth Judge model – parallels the Adult Judge model, with the exception that a youth serves as judge. The Tribunal model – youth attorneys present the case to a panel of three youth judges. The Tribunal model – youth attorneys present 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 and the jury questions the defendant. The Peer Jury model – uses no attorneys. The case is presented to the jury by a youth or adult and the jury questions the defendant. 19

20. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Youth Gangs 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. 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. 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. Street gang: an organized group of people on the street often engaged in significant illegitimate or criminal activity. 20