1. www.cengage.com/cj/siegel Larry J. Siegel Brandon C. Welsh David R. Montague, Lisa Hutchinson & Sharniece R. Hughes University of Arkansas at Little Rock Chapter 11 The History and Development of Juvenile Justice

2. Chapter Goals  Understand social changes leading to creation of juvenile court  Be familiar with landmark Supreme Court cases  Know how juveniles are processed in the system  Understand conflicting values in contemporary juvenile justice

3. Chapter Goals, Continued  Recognize similarities/differences between adult and juvenile systems  Argue pros/cons of system’s goal of treatment  Be aware of key elements of comprehensive juvenile justice strategy  See differences between prevention/intervention  Be able to identify pressing issues affecting future of juvenile justice

4. Case Profile: Jennifer’s Story  Two parent family with 1 sibling  Urban environment  Trouble began at age 16  Domestic trouble with boyfriend resulting in physical altercation with another female  Involved in diversionary Youth Court  Successful completion of diversion program led to eventual volunteer involvement in program after release

5. Juvenile Justice in 19 th Century  Treated same as adult offenders  No special facilities for children existed  Reform efforts leading to creation of juvenile system:  Urbanization  Rapid population growth led to increased number of at risk youth  Child-Saving Movement  Activists concerned with moral training of youth  Led enactment of laws giving court power to commit run away/criminal youth to special institutions  Creation of Houses of Refuge  Critics argue if true objectives were to save children or to protect their own class

6. Development of Juvenile Institutions  Child Savers developed reform schools  Devoted to care of vagrant/delinquent youth  Children’s Aid Society developed orphan trains  Placed-out wayward urban youth to western farms  Opposition and Great Depression ended this practice  Society for the Prevention of Cruelty to Children  Established in New York in 1874  Organization flourished in 1900s  Influenced states to protect children from abusive/neglectful parents

7. Century of Juvenile Justice  Illinois Juvenile Court Act  Child Saving Movement led to its passage  Major functions of juvenile system:  Prevent juvenile crime  Rehabilitate juvenile offenders  Key provisions of Act:  Establishment of separate court for juveniles  Special procedures used in adjudication of juveniles  Separation of children from adults in courts and institutions  Development of probation program to assist in determining best interests of children

8. Reforming the System  Incorrigibility/truancy added to juvenile court jurisdiction  Juvenile courts in all states by 1925  Critical issues in juvenile system identified:  Implementation of court in states differed dramatically  Diversity among courts resulted in differential treatment  Diversity among juvenile institutions also resulted in varying treatment of juveniles: from harsh to lenient  Creation of numerous institutions led to warehousing of juveniles  Due process rights not constitutionally mandated for juveniles  Overall lack of consistency in system produced differential effects

9. Reforming the System  Movement was slow, but began to flourish  Persons in need of supervision (PINS) category created  Focus on rehabilitation, not punishment  Improved social services  U.S. Supreme Court cases  In re Gault bestowed basic due process rights to juveniles at adjudication  Federal Commissions and Legislation  Law Enforcement Assistance Administration (LEAA)  Juvenile Justice and Delinquency Prevention Act (JJDPA)  Violent Crime Control and Law Enforcement Act

10. Juvenile Justice Today  Jurisdiction over two categories of offenders  Delinquent offenders  Fall under jurisdictional age limit and commit an act violating penal code  Status offenders  Persons in need of supervision  Age of jurisdiction varies by states  Some set age of majority at 18, others at 15  Juvenile justice systems exist in all states  Juvenile codes and special court structure exist

11. Understanding Juvenile Justice Today

12. Juvenile Justice Process  Police Investigation  Have authority to investigate and release or send to juvenile court (file petition)  Detention  If petition is filed, juvenile is referred to court  Decision then is whether child should remain in community or be placed in secure facility  Requires a detention hearing  Pretrial Procedures  Adjudication hearing involves informing juveniles of their rights, voluntary plea, and understanding of charges/consequences of plea

13. Juvenile Justice Process  Adjudication  Trial stage of juvenile court  Juveniles entitled to due process rights at adjudication hearing  Disposition  If found guilty, decision regarding what treatment child needs should be made  Bifurcated process  Hearing could results in a variety of treatment outcomes  Treatment  After disposition, delinquents may be placed in correctional treatment centers

14. Conflicting Values in Juvenile Justice  Treatment vs. Due Process Protection  Focus on treatment often undermines protection of due process  Focus on treatment requires admission of guilt/voluntary surrender of 5 th amendment rights  Increase in juvenile crime in 1990s resulted in focus on punishment  Lack of clear/consistent goals in juvenile system  Mixed messages to juvenile offenders  Inconsistent treatment of juvenile offenders  Some suggest abolishing juvenile justice system

15. Criminal v Juvenile Justice  Many components of these systems are similar  Juvenile court has separate structure  Systems have different focus areas  Juvenile-treatment  Adult-punishment  Some areas juvenile courts staffed by specialists  Juvenile court seeks to avoid stigma and labeling  Use of different terms (see Exhibit 11.2) Some experts believe the juvenile justice system has become a mini adult court and recommend abolishing it.

16. Comprehensive Juvenile Justice Strategy  Focuses on crime prevention and expanding options for dealing with juvenile offenders  Addresses link between crime and poverty, child abuse, drugs, weapons, and school behavior  Benefits of this strategy:  Expanded framework allows for more effective treatment  Greater accountability  Enhanced responsiveness of system  Decreased costs of juvenile corrections  More responsible juvenile justice system

17. Prevention  Early risk factors suggest future delinquency  Impulsiveness, poor parental supervision, low intelligence, socially disorganized neighborhoods  Prevention of delinquency requires addressing risk factors  Programs shown to be effective in reducing delinquency  Reduce costs associated with delinquency  Public support is high for prevention efforts  Number of promising federal early childhood programs exist Prevention of risk factors in early childhood is the key to the successful prevention of delinquent behaviors in youth!

18. Intervention  Interventions  Focused on youth considered higher risk for delinquent behavior  Designed to ward off involvement in more serious delinquency  Various programs exist  Graduated sanctions  Goal is to limit the most restrictive sanction to most dangerous offender while increasing restrictions/intensity of treatment as offenders move from minor to serious offenses  Institutional programs  Many argue that institutions are over utilized and encourage deinstitutionalization of juvenile offenders

19. Alternative Courts  Goal is to provide special services to youths  Seek to alleviate case flow problems resulting from overcrowding  Various type of courts exist:  Teen Courts  Utilize young people to determine the disposition of non serious delinquency cases  Seen beneficial in promoting accountability, timeliness, cost effectiveness, and community cohesion  Drug Courts  Focus on providing treatment for juveniles accused of drug- related acts  482 operating in 2009

20. Future of Juvenile Court  Juvenile court has assumed more characteristics of adult court  Criminalization of juvenile court  Treatment of juveniles really more punitive  Nationwide efforts to modify the system in response to violent crime focused on punishment/retribution  Some call for abolition of the juvenile court  Others demand the continued focus of the court on rehabilitation The debate surrounding the future of the Juvenile Court is wide ranging and often contentious

21. Conclusion  Know major social changes leading to creation of juvenile court  Be familiar with landmark US Supreme Court cases  Know how children are processed in juvenile system  Understand conflicting values in contemporary juvenile system

22. Conclusion, Continued  Recognize similarities/differences between adult and juvenile system  Argue pros/cons of juvenile system’s focus on rehabilitation  Be aware of comprehensive juvenile strategy  Know differences between prevention and intervention  Be aware of pressing issues in future of juvenile justice

23. Key Terms  House of Refuge  Children’s Aid Society  Orphan Trains  Society for the Prevention of Cruelty to Children  Law Enforcement Assistance Administration  Office of Juvenile Justice and Delinquency Prevention  Juvenile Justice Process  Adjudicatory Hearing  Bifurcated Process  Disposition  Petition  Drug Courts  Systematic Review  Meta-Analysis  Teen Courts  Detention Hearing

24. The End Chapter 11 The History and Development of Juvenile Justice

25. www.cengage.com/cj/siegel Larry J. Siegel Brandon C. Welsh David R. Montague, Lisa Hutchinson & Sharniece R. Hughes University of Arkansas at Little Rock Chapter 12 Police Work with Juveniles

26. Chapter Goals  Identify key historical events shaping juvenile policing  Understand key roles of police in responding to juvenile crime  Know organization and management of police service for juveniles  Be aware of major court cases influencing police work with juveniles  Understand key legal aspects of police work  Describe police use of discretion with juveniles  Be familiar with major policing strategies to prevent delinquency  Know pros/cons of different delinquency prevention policing strategies

27. History of Juvenile Policing  Specialized police services for juveniles is recent phenomenon  Historical development of police organizations  Pledge system  Watch system  Bobbies  Sheriff  Historical development of working with juveniles  Delinquency control squads  Law Enforcement Assistance Administration  Juvenile police officer

28. Police and Juvenile Offenders  Primary responsibility is protection of public  Community policing emphasizes partnerships with community to address crime  Juvenile officers operate as a specialist or a member of a special unit  Role conflicts exist for police dealing with juveniles  Primary duty of law enforcement vs. desire to rehabilitate youth  Best interests of child v discretion  Use of juveniles as informants  True role of juvenile officer exists somewhere between law enforcer and social worker

29. Police and Violent Juvenile Crime  Violent crime includes homicide, rape, robbery, aggravated assault, and kidnapping  Police experimenting with various methods of controlling violent juvenile crime  Directed patrols of hot spots  Proactive arrests of serious offenders  Problem oriented policing  Improving community connections is essential to combating violent juvenile crime

30. Police and the Rule of Law  Arrest of juveniles:  Requires probable cause  Differs from adults in broad authority for police to take juveniles into custody  In loco parentis serves as basis for taking juveniles into custody  Search and seizure:  Juveniles have some rights as adults  See Concept Summary 12.1 for warrantless searches  Custodial interrogation  Miranda rights apply to children taken into custody  Waiver of rights by juveniles very controversial issue  Waiver can occur without parents or attorneys present

31. Discretionary Justice  Juveniles enjoy nearly identical procedural protections as adults  Police have broader discretion in dealing with juveniles  Factors affecting police discretion with juveniles  Norms of the community  Policies of the department  Customs of the department  Level of procedural justice  Situational factors  traits of offenders  level of hostility  attitude of juvenile  contriteness  type/seriousness of offense, etc.

32. Bias and Police Discretion  Do police allow bias to affect arrest decisions with juveniles?  Racial bias shown to be present in system, especially for African American youth  Chivalry hypothesis suggests gender bias in favor of young girls is present in the system  Policies of some departments result in bias  Stereotype of lower class neighborhoods often result in biased police discretion and actions

33. Police Work and Delinquency Prevention  Police have taken the lead in these efforts  Various forms of prevention exist:  Aggressive law enforcement  Saturation patrols, targeting gang members, arresting gang members for any violations  Police in schools  School resource officers, GREAT, DARE, Community Outreach through Police in Schools  Community policing  Several initiatives focused on reducing gun violence by serious juvenile offenders  Problem-oriented policing  Involves systematic analysis and response to problems underlying criminal behavior

34. Future of Juvenile Policing  Many challenges exists in addressing juvenile offenders:  Witness intimidation  Racial bias  Poor relations with communities  Future strategies include:  Use of “soft” technologies such as IT systems  Use of “hard” technologies such as tasers, stun guns, and other alternative weapons

35. Conclusion  Identify key historical events shaping juvenile policing  Understand key roles of police in responding to juvenile crime  Know organization and management of police service for juveniles  Be aware of major court cases influencing police work with juveniles  Understand key legal aspects of police work  Describe police use of discretion with juveniles  Be familiar with major policing strategies to prevent delinquency  Know pros/cons of different delinquency prevention policing strategies

36. Key Terms  Pledge System  Watch System  Community Policing  Juvenile Officers  Role Conflicts  Informant  Problem-Oriented Policing  Arrest  Probable Cause  Search and Seizure  Custodial Interrogation  Miranda Warning  Discretion  Procedural Justice

37. The End Chapter 12 Police Work with Juveniles