Juveniles in the Criminal Justice System

1
Juveniles in the Criminal Justice System
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CHAPTER OBJECTIVES
After completing this chapter, you should be able
to

• List differences between detained juveniles and
  committed juveniles.
• Profile the typical juvenile who is sent to an
  out-of-home placement facility.
• Explain the differences between public and
  private facilities.
• Describe the different types of secure
  institutional facilities.

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CHAPTER OBJECTIVES
After completing this chapter, you should be able
to

• Explain the nature of juvenile detention
  facilities and processing procedures.
• Outline what is meant by a short-term secure
  facility.
• Describe what boot camps are designed to do.
• Explain what youth ranches and camps are.

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CHAPTER OBJECTIVES
After completing this chapter, you should be able
to

• Summarize the nature of state institutions and
  schools.
• Outline the various types of programming that
  occur in juvenile institutions.

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11.1 Juvenile Placement
Secure placements for juveniles are the most
severe and intrusive sanctions in the juvenile
justice system. Juveniles can end up in a secure
facility through

• Detention prior to adjudication

• Commitment by a juvenile court

• Placement by a juvenile justice administrative
  body.

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Juvenile Placement
commitment An order by a juvenile court judge
putting the juvenile in the custody of a state
juvenile correctional authority or another
specific juvenile correctional facility.
juvenile justice administrative body An
organization responsible for the administration
and management of juvenile justice placements
within a state.
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Juvenile Placement
Secure placements can include

• Long-term facilities
• Youth ranches
• State institutions

• Short-term facilities
• Detention centers
• Boot camps

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Juvenile Offenders Held in Residential Placement
Facilities, 1997
Youths in residential placement on October 29,
1997 Count Percentage Total residents 125,805 1
00 Met CJRP criteria 105,790 84 Delinquency
98,913 79 Person offense 35,357 28 Violent
offense 26,498 21 Status offense 6,877
5 Did not meet CJRP criteria 20,015
16 SOURCE Snyder, Howard and Melissa Sickmund.
Juvenile Offenders and Victims 1999 National
Report, p. 186. Washington, DC Office of
Juvenile Justice and Delinquency Prevention,
1999. Online. Available http//www.ojjdp.ncjrs.or
g/ojstatbb/qa155.html 30 September 1999.
FIGURE 11-1
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Juvenile Placement
The trends in residential treatment from 1988 to
1997 are

• Residential facilities are handling more
  juveniles overall.
• Residential facilities are handling more violent
  and drug offenders.
• A smaller proportion of juvenile cases resulted
  in an out-of-home placement.

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SELF CHECK
Explain the different ways a juvenile can be sent
to an out-of-home placement.
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11.2 The Population in Institutional Corrections

• Typically only a small portion of the juveniles
  arrested are eventually committed to a
  residential placement.
• Commitment rate and detention rate vary by state.

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The Population in Institutional Corrections
commitment rate The number of juveniles sent to
secure correctional facilities per 100,000
juveniles in the population.
detention rate The number of juveniles detained
by the juvenile court in juvenile detention per
100,000 juveniles in the population.
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The Population in Institutional Corrections
If a judge decides to send a juvenile to a secure
placement

• The judge issues an order of commitment whereby
  the juvenile is removed from the custody of their
  parent or guardian and placed in the custody of
  the state juvenile correctional authority.

continued
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The Population in Institutional Corrections

• The correctional authority determines placement,
  correctional treatment plan, time spent in the
  institution, and release from secure confinement.

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The Population in Institutional Corrections
The population in secure placements is typically
young males who have committed a serious offense
or multiple offenses.
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MYTH
FACT
Most juveniles in long-term secure correctional
facilities have committed a violent offense.
Of the juveniles committed to a secure
correctional facility in 1997, only 35 had
committed a violent offense. The remaining 65
committed property offenses (32), drug offenses
(9), public order offenses (9), and status
offenses (6), or a technical violation (8).
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Public versus Private Facilities
The juvenile correctional system in the U.S. uses
a number of private facilities.
private facilities Correctional institutions run
by private corporations or private individuals.
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Public versus Private Facilities

• Most youths in public facilities (96) are held
  there by court order under a delinquency
  adjudication.
• Most juveniles in private facilities are either
  status offenders or non-offenders referred for
  abuse, neglect, emotional disturbance, or mental
  retardation.

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State Variables
The use of private facilities in juvenile
corrections varies substantially from state to
state. Several variables affect state custody
rates

• Age differences in juvenile court jurisdiction
• Differences in the age at which a state can hold
  a juvenile
• Provisions for transfer to criminal court
• Demographic and offense profile differences
• Available bed space

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SELF CHECK

• Describe the characteristics of juveniles who are
  sent to secure correctional facilities.
• Explain the nature of the differences between
  public and private juvenile correctional
  facilities.
• Which organization oversees the placement of
  juvenile delinquents?

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11.3 Institutional Facilities for Juveniles
institutional facilities Secure facilities
including detention centers, orientation and
diagnostic assessment centers, transfer
facilities, boot camps, youth ranches and camps,
institutions and state schools, and transitional
facilities.
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Institutional Facilities for Juveniles
Institutional facilities for juveniles generally
serve two classifications of youth

• Detained juveniles awaiting a detention or
  adjudication hearing
• Committed juveniles placed by a juvenile court or
  other juvenile justice administrative body

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Institutional Facilities for Juveniles
Youths referred by another juvenile justice
administrative body are referred to as voluntary
placements.
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Comparison of Placement by Length of StayOctober
29, 1997
FIGURE 11-4
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Institutional Facilities for Juveniles
The nature of an institution is directly related
to the role it plays in the juvenile justice
process.
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Institutional Facilities for Juveniles
Once adjudicated, the juvenile can be

• Released based on acquittal
• Sentenced to a community sanction
• Committed by the judge to the state-level
  department of corrections

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Institutional Facilities for Juveniles
Placement and release decision sometimes rest
with the state department of juveniles
corrections. In other instances, the judge
retains jurisdiction.
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Detention
When a police officer detains a juvenile and
decides to formally file charges, the juvenile is
taken to a juvenile detention facility.
juvenile detention facility Secure facilities
that house juveniles on a short-term basis while
they await court hearings or adjudications.
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Detention
The number of juveniles held in detention
increased 35 from 1988 to 1997.
However, the proportion of juveniles detained
remains about 20 of all cases referred to
juvenile court.
30
Detention
Other trends in juvenile detention

• From 1988 to 1997, there was a surge in female
  delinquency cases.
• Black youth are far more likely to be detained
  than white youth.

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Detention

• Most juveniles stay in detention for a short time.

• Most are released following a detention hearing.
• During detention, the juvenile is usually
  assessed by the probation department as a
  presentence investigation is prepared.

• During detention, juveniles may receive services
  and treatment, but less than in a long-term
  facility.

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Short-Term Secure Facilities
Many state juvenile justice correctional
authorities operate several types of short-term
secure facilities. One type is an assessment
facility.
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Short-Term Secure Facilities
assessment facility A secure facility
responsible for orienting the juvenile to
expectations of the correctional system in that
particular state. These centers are responsible
for conducting a multitude of testing and
diagnosis of each juvenile committed to the
juvenile correctional authority.
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Short-Term Secure Facilities
A comprehensive profile of each juvenile is
compiled from diagnostic assessments and the
juvenile is transferred to the most appropriate
unit for his or her needs.
35
Short-Term Secure Facilities
In addition to diagnostic and assessment centers,
many states operate transfer or transitional
facilities.
transfer or transitional facilities Temporary
facilities where juveniles are either awaiting
transfer to another facility or awaiting release
into the community.
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Short-Term Secure Facilities

• Juveniles can expect to stay in a transfer
  facility while waiting for a bed to open up in
  another facility.
• A transitional facility is typically designed to
  house juveniles who are making the transition
  back to the community or into a specialized
  program.

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Boot Camps
The correctional sanction that has undoubtedly
generated the greatest amount of controversy in
recent years is juvenile boot camps.
juvenile boot camps Secure correctional
facilities that emphasize military-style
discipline, physical training, and an extremely
regimented schedule.
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Boot Camps
Boot camps were extraordinarily popular during
the 1980s when the public and politicians saw
them as a way of getting tough on juvenile crime.
Subsequent evaluations have exposed glaring
problems in the system.
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Boot Camps
Boot camps are built on the idea that juvenile
delinquents need structure and discipline in
their lives, and must be broken down and then
built back up into more productive citizens.
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Boot Camps
Characteristics of the programs include

• Strict discipline
• Structure
• Tough love

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Boot Camps
Criticisms of the programs include

• Probation is less expensive.
• Boot camps have not proven to reduce recidivism.
• Boot camps tend to be negative.
• Boot camps violate the principle of
  individualized treatment.
• Juveniles are expected to turn their lives around
  after a short program, and without aftercare
  assistance.

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Youth Ranches and Camps
youth ranches and camps Facilities that operate
similarly to state institutions with one
exception, the atmosphere is more like a
year-round summer camp than it is a maximum
security facility. There are typically dorms or
cottages, a school, vocational programs, and
industry. The one component that sets them apart
from other secure facilities is, a program
centering on some type of farming, ranching, or
adventure.
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Youth Ranches and Camps

• Youth ranches and camps are related to the early
  state training schools located in remote rural
  areas, far from the evils of the big city.

• Juveniles at these facilities can expect to be
  subjected to a rigorous schedule of work and
  rehabilitation programming.

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State Institutions and Schools
state institutions and schools Self-contained
facilities that provide a variety of services for
juveniles including rehabilitation, health,
education, counseling, recreation, employment,
and training.
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State Institutions and Schools

• Historically, state institutions and schools have
  been very large, housing up to 300 youths.

• Starting in the 1970s, some states started
  developing smaller, community-based facilities
  serving 10 to 50 youth. These smaller facilities
  keep youths closer to their communities.

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SELF CHECK

• Describe the various types of secure correctional
  facilities to which a juvenile can be sent.
• Explain the different nature of each type of
  correctional facility.

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11.4 Programming in Institutional Corrections

• All juvenile institutions follow some form of
  treatment or rehabilitation plan.
• The fundamental purpose of correctional treatment
  is to change the behavior of the youth so that
  they do not commit future delinquent acts.

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Correctional Treatment
In general, there are four primary goals in
corrections
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Correctional Treatment

• Rehabilitation

rehabilitation Methods of treatment and
counseling used to reform juvenile offenders so
that they will return to society in a
constructive rather than destructive way.
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Correctional Treatment

• Deterrence

deterrence Arranging conditions in the law and
corrections so that juveniles are aware of the
risks and consequences involved in committing
crimes. If the risks and consequences are greater
than the rewards, juveniles will choose not to
commit crime.
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Correctional Treatment

• Incapacitation

incapacitation Taking juveniles out of the
community so that they are prevented from
committing more crimes. It means locking up the
person so that they are incapacitated from
causing any more harm.
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Correctional Treatment

• Retribution

retribution Punishing and paying juveniles back
for the harm they caused society.
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Correctional Treatment
Juvenile correctional facilities emphasize
rehabilitation over all other goals while prisons
emphasize retribution.
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Correctional Treatment
The Balanced and Restorative Justice (BARJ)
movement is based on combining accountability,
community safety, and youth development into a
comprehensive program.
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Correctional Education
Educating juveniles is one of the primary goals
of juvenile institutional corrections.

• Most offenders are well below where they should
  be in educational achievement.
• Most were not good students to begin with.

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Correctional Education
Research has shown that education is regarded by
facility administrators as the most important
component of the rehabilitation process.
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Correctional Education
Recent recommendations for correctional education
focus on

• Comprehension and complex problem-solving tasks
• Integrating basic skills into more challenging
  tasks
• Allowing a number of skills to be combined and
  applied to perform complex tasks
• Cooperative learning, peer tutoring, team
  problem-solving

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Correctional Education

• Using many instructional strategies appropriate
  to each learners interests and needs
• Reading, writing, and oral expression are
  interrelated

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Correctional Industry and Vocational Training

• Most delinquents age 16 and over do not return to
  school after release.

• Correctional educators must provide these
  students with skills that will enable them to get
  entry-level jobs.
• Many facilities develop relationships with
  business partners in a symbiotic fashion to train
  juveniles for work in the real world.

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Specialized Treatment Programs
Specialized treatment includes programs that are
designed for the treatment of

• Capital offenders
• Sex offenders
• Chemically dependent youths
• Youths with emotional disturbances
• Mentally retarded youths

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Specialized Treatment Programs
Juvenile delinquents are often deficient in
skills needed to function in daily life and
specialized treatment focuses on these skills

• Cognitive problem-solving skills
• Moral reasoning
• Communication skills
• Social skills

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Programs for Serious and Repeat Juvenile
Delinquents
Many states have facilities or programs that
specifically target serious or repeat juvenile
offenders.

• Juveniles who commit violent crimes or other
  crimes that result in serious impact on society
  or a victim.

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Programs for Serious and Repeat Juvenile
Delinquents
Common characteristics of programs for serious
youth offenders include

• Well-defined treatment programs with a strong
  intuitive appeal
• Demonstrated positive effects on the youth

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Programs for Serious and Repeat Juvenile
Delinquents
Common characteristics of programs for serious
youth offenders include

• Strong following among judges and correctional
  administrators
• Very intensive curriculums which service a small
  number of juveniles

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SELF CHECK
Describe the various types of correctional
programming available in juvenile facilities.
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11.5 Institutional Life for Juveniles

• Juveniles in out-of-home placement respond
  differently to their new surroundings.
• Ultimately, how a juvenile adjusts to the
  facility and the program is largely a function of
  their personality and prior history with the
  system.

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Facility Life
Problems develop because of

• Adjusting to the structured schedule
• A juveniles existing emotional, social, and
  psychological problems
• A juveniles educational, recreational, and
  vocational dysfunction.

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Institutional Life for Juveniles
Upon release, juveniles experience a new set of
problems

• They have become accustomed to the strict
  structure and programming of the institution
• They return to the situation that contributed to
  their problems in the first place

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SELF CHECK

• What problems do juveniles experience in adapting
  to institutional life?
• What problems do juveniles experience when they
  are released from an institution?

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11.6 Working in Institutional Corrections
A variety of personnel work in secure juvenile
justice facilities

• Larger facilities have role specialists who
  perform a few tasks.
• Smaller facilities have role generalists who
  perform a variety of tasks.

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Working in Institutional Corrections
The most problematic issues concerning working in
juvenile corrections are appropriate training and
retention of qualified personnel. Retaining
personnel is difficult because

• The system is changing as it becomes more
  punitive
• The qualities of the youths are changing
• Training is a low priority

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Working in Institutional Corrections
Juvenile correctional facility directors and
adult prison wardens have similarities and
differences

• Directors and wardens are similar in age,
  education, and years of experience
• Differences include gender, race, and military
  experience

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SELF CHECK

• Explain the difference between task
  specialization and task generalization in
  juvenile correctional facilities.
• Explain the differences between adult prison
  wardens and juvenile correctional facility
  directors.

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• END OF CHAPTER