Juvenile Offenders

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Chapter 17

• Juvenile Offenders

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parens patriae

• the parent of the country the role of the
  state as guardian and protector of all people
  (particularly juveniles) who are unable to
  protect themselves

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Evolution of juvenile justice in America, 1600s
- 2000

• Crime Control
• 1980 - 2000
• victim emphasis
• punishment of serious offenders
• waive serious cases

• Juvenile Rights
• 1960 - 1980
• In re Gault, 1967
• JJ Del. Prev. Act, 1974 deinstitutionalize
  status offenders
• legalization of juv. law

• Juvenile Court
• 1899 - 1960
• Ill. Juv. Crt, 1899
• separate legal system for juvs
• child as legally irresponsible

• Refuge Period
• 1824 - 1899
• NY House of Refuge, 1825 for delinquent
  dependent children
• child as helpless

• Puritan Period
• 1646 - 1824
• Mass. Stubborn Child Law, 1646
• child as evil

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hallmarks of juvenile court

• informality
• not hindered by legalities of due process
• judges ran sessions as conversations exploring
  needs of child
• individualization
• each child is unique and has unique
  circumstances, problems, and needs
• intervention
• aim not to punish, but to help child become
  law-abiding
• identify and solve problems provide treatment

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delinquent

• a child who has committed an act which, if
  committed by an adult, would be criminal

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neglected

• a child who is not receiving proper care because
  of some action or inaction of his or her parents

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dependent

• a child who has no parent or guardian or whose
  parents are unable to give proper care

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In Re Gault

• watershed Supreme Court case granting essential
  due process rights to juveniles facing
  adjudication by juvenile court
• notice
• hearing
• counsel
• cross-examination

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why treat juveniles differently

• juveniles are young and may easily change
• more susceptible to treatment
• juveniles have a high rate of desistance
• most never get in trouble again
• juveniles families important to their lives
• state acts in partnership w/ family to treat
  child
• juveniles are easily influenced by peers
• juvenile crime is a group phenomenon
• removed from the group, child will behave
• juveniles have little responsibility for others
• easier to get them to isolate modify behavior

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arrests involving juveniles by crime
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arrests involving juveniles other crimes (cond)
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high risk juvenile offendersfactors of concern

• persistent behavior problems in elementary school
  years
• onset of delinquency, aggression, drug use
  between 6 11
• antisocial parents
• antisocial peers, poor school attendance,
  impulsivity, weak social ties between 12-14
• membership in delinquent gangs
• drug dealing

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juvenile offender dispositions

• waiver (to adult court)
• diversion
• correctional programs
• detention
• juvenile probation
• working in the school
• intermediate sanctions
• juvenile community corrections
• juvenile incarceration
• juvenile aftercare