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Juvenile Corrections
Chapter 12
The Problem of Youth Crime
In a typical year, about… 651 youths under the age of 18 are arrested for
homicide 2,071 for forcible rape 31,265 for aggravated assault
Extremely serious juvenile crime is still rare
Discussion Question
What is your opinion on juvenile crime statistics in America? Does it seem like an epidemic? What can be done to combat the problem?
The History of Juvenile Corrections in the United States
The Puritan Period
1646-1824 family is economic unit, symbolic standard of maturity
The Refuge Period
1824-1899 child is helpless and in need of state intervention
The History of Juvenile Corrections in the United States
The Juvenile Court Period Parens patriae- court acting on behalf of parent Informality- conversational hearings Individualization- each child is unique Intervention- adjustment to law-abiding lifestyle Delinquent, neglected, dependent children
The History of Juvenile Corrections in the United States
The History of Juvenile Corrections in the United States
The Juvenile Rights Period 1960-1980 movement to define and protect rights as
well as services to children
The Crime Control Period 1980-2005 system is formal, restrictive, punitive, police
referrals increased, longer incarceration
Evidence-based 2005-present reduced use of confinement and focus
on prevention
Supreme Court Cases
Kent v. US (1966)- due process
In Re Gault (1967)- notice, hearing, counsel, cross-examination
In Re Winship (1970)- beyond a reasonable doubt
McKeiver v. Pennsylvania (1971)- jury trials are not required
Supreme Court Cases
Breed v. Jones (1975)- waiver to adult court
Smith v. Daily Mail Publishing Co. (1979)- press
Eddings v. Oklahoma (1982)-age in capital cases
Schall v. Martin (1984)- preventive detention
Supreme Court Cases
Stanford v. Kentucky (1989)- capital punishment is 16 years old
Roper v. Simmons (2005)- 8th amendment applied to death penalty age 18
Juvenile Corrections in the US
Why Treat Juveniles and Adults Differently? Juveniles are young and may easily change Juveniles have a high rate of “desistence” Juveniles’ families are an important part of their lives Juveniles are easily influenced by their peers Juveniles have little responsibility for others
Discussion Question
What is your opinion on policy makers and the juvenile justice system? Do you believe our law-makers are making correct strides to better the system? Why or why not?
Juvenile Sanctions
Sanctioning Juvenile Offenders Disposition of juvenile offenders Waiver Diversion Correctional programs Detention Adjudication
Factors in juvenile’s history
Persistent behavior problems Onset of delinquency, aggression, drug use Antisocial parents Antisocial peers, poor school performance,
impulsivity, weak social ties Membership into delinquent gangs Drug dealing
Juvenile Sanctions
Sanctioning Juvenile Offenders Juvenile probation Working in the schools Intermediate sanctions for juveniles Juvenile community corrections Juvenile incarceration Juvenile aftercare
Discussion Question
What if you were a straight-A student in a traditionally bad area of the country, in a subpar school system; you are tired of the slackers and trouble-makers making your school appear far from educationally friendly, especially because you are hoping to earn a scholarship to college. How open would you be to school-based programs for juveniles?
Juvenile Corrections
The Future of Juvenile Justice Public policymakers
Public opinion
Juvenile waiver
Tougher probation
Middle ground
Discussion Question
What if the future of the juvenile justice system was to get tough on crime, much like the adult system? What repercussions do you predict would occur?