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Introduction to Corrections CJC 2000

Darren Mingear

Chapter 13

JUVENILE CORRECTIONS

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.1

13.2

13.3

13.4

Outline the development of the juvenile justice system.

Explain the age limits and types of offenses handled in the juvenile justice system.

Describe the juvenile court process and the characteristics of juvenile offenders.

Explain how juvenile offenders may be transferred to adult court.

CHAPTER OBJECTIVES

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13.5

13.6

13.7

Describe community-based treatment programs for juveniles.

Describe juvenile residential facilities and treatment programs available in them.

Summarize issues confronting juvenile corrections.

CHAPTER OBJECTIVES

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Outline the development of the juvenile justice system.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.1

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13.1

Parens Patriae

Age-Crime Curve

Key Terms

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13.1

Age-Crime Curve

Refers to the tendency for offending to rise during adolescence, peak around age 18, and then drop thereafter.

Source: crimemuseum.org

18 years

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13.1

Parens Patriae

The idea that the court is the ultimate parent of all minors and therefore has final responsibility for its younger citizens.

Source: burnsinstitute.org

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.1

The Development of the Juvenile Justice System

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Explain the age limits and types of offenses handled in the juvenile justice system.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.2

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.2

Delinquency Offense

Status Offense

Key Terms

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13.2

Status Offense

Misbehavior that is considered wrong only because society does not consider the juvenile old enough for such activity.

Source: smokersworld.info

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.2

Delinquency Offense

Act that would be criminal had it been done by an adult.

Source: juvenilejusticeblog.web.unc.edu

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.2 Steps in the Juvenile Justice Process

Residential Placement Aftercare

Detention

Criminal Justice System

Probation or Other

Non- Residential

Non-Law Enforcement

Sources

Law Enforcement

Prosecution Juvenile

Court Intake

Formal Processing Adjudication

Revocation

Release Revocation

Diversion

Diversion

Diversion

Statutory Exclusion

Prosecutorial Discretion

Judicial Waiver

Informal Processing/D

iversion

Diversion Release

Transfer to Juvenile Court

Note: This Chart Gives a Simplified View of Case Flow Through Juvenile Justice System; Procedures Vary Among Jurisdictions

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.2

Entry to Juvenile Court

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Describe the juvenile court process and the characteristics of juvenile offenders.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.3

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.3

Preponderance of Evidence

Beyond a Reasonable

Doubt

Nonpetitioned Case

Informal Probation

Key Terms

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.3

Nonpetitioned Case

The informal response to a juvenile court case.

Source: dallasattorneyfamilylaw.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.3

Informal Probation

Upon the voluntary agreement of child and parents, the juvenile agrees to submit to certain probation conditions without being formally charged or adjudicated as delinquent.

Source: kmhlawyers.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.3

Preponderance of Evidence

Burden of proof that requires evidence supporting a charge to have greater weight or be more convincing than the evidence offered in opposition to it.

Source: bing.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.3

Beyond a Reasonable Doubt

Burden of proof that requires evidence supporting a claim to offer fully satisfying and entirely convincing evidence establishing the accused’s guilt.

Source: 5280defense.com

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13.3

Offenders in Juvenile Court

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13.3

Due Process

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13.3

Key Events in Juvenile Justice System

• Thompson v. Oklahoma (1988)

• United Nations Convention on the Rights of the Child (1995)

• Roper v. Simmons (2005)

• Graham v. Florida (2010)

• First Juvenile Court Established in 1899

• Kent v. United States (1966)

• In re Gault (1967)

• In re Winship (1970)

• Juvenile Crime and Delinquency Prevention Act amended (1974)

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Explain how juvenile offenders may be transferred to adult court.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.4

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4

Juvenile Blended Sentence

Criminal Blended Sentence

Judicial Waiver Direct File Statutory

Exclusion

Key Terms

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13.4

Judicial Waiver

Juvenile court judge waives jurisdiction over a case and transfers it to criminal court.

Source: wordsfromtheherd.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4

Direct File

Prosecutor decides to try a juvenile as an adult.

Source: tcpalm.com

Bruce Colton SAO 19

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13.4

Statutory Exclusion

Criminal courts have original jurisdiction for certain crimes committed by juveniles.

Source: news4jax.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4

Juvenile Blended Sentence

Juvenile court judge can impose both juvenile and adult sanctions on certain categories of serious juvenile offenders.

Source: burnsinstitute.org

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4

Criminal Blended Sentences

In cases where a juvenile is tried as an adult, the criminal court judge can impose juvenile sentences that would ordinarily be available only to juvenile court.

Source: all Source: journal-news.com

31 © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4 Juveniles May be Transferred to Adult Court Under One of Three Provisions

Judicial Waiver

Direct File

Statutory Exclusion

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.4

What Is a Blended Sentence?

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Describe community-based treatment programs for juvenile offenders.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.5

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.5

Multisystemic Therapy

Functional Family

Therapy

Key Terms

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.5

Functional Family Therapy

An effective short-term intervention program targeting youths aged 11-18 who are facing problems with delinquency, substance abuse, or violence.

Source: sullivancenterforchildren.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.5

Multisystemic Therapy

An effective family-based program for serious juvenile offenders that views the individual as part of a complex network that includes family, peers, school, and neighborhood.

Source: familiesdysfuntional.blogspot.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.5

Describe Community Based Corrections As It Relates To Juveniles

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Describe juvenile residential facilities and the treatment programs available in them.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.6

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.6

Missouri Model

Key Terms

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.6

Missouri Model

A model for juvenile institutions that emphasizes rehabilitation in small groups, constant therapeutic interventions, and minimal force.

Source: lifechangesgroup.com

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.6

Juvenile Residential Facility

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Summarize issues confronting juvenile corrections.

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13.7

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.7

Disproportionate Minority Contact

Key Terms

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.7

Disproportionate Minority Contact

Refers to the overrepresentation of minorities in virtually all aspects of the juvenile justice system.

Source: sparkaction.org

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.7

Delinquency Risk Factors

Poor academic performance is the most significant risk for early onset of delinquency.

Source: degreesearch.org High School Dropouts – Infographic #1

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.7 Issues Confronting Juvenile Corrections

46

Disproportionate Minority Contact

Girls in a System Designed for

Boys

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.1

13.2

13.3

13.4

The first juvenile court was established in Cook County (Chicago), Illinois in 1899 and operated under the parens

patriae philosophy.

Most states have an upper age limit for juvenile court as 17, and juvenile courts handle both status and delinquency offenses.

Cases enter the juvenile court primarily through police referral, and can be handled either formally or informally.

The three ways a juvenile may be transferred to court is judicial waiver, direct file, and statutory exclusion.

CHAPTER SUMMARY

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

13.5

13.6

13.7

Probation is the most common sanction for juvenile offenders, and they may be required to participate in community

programs as part of their probation.

Juvenile residential facilities vary in size, and education is one of the primary programs.

There are many issues confronting the juvenile corrections system, including disproportionate minorities, girls in a system

designed for boys, and high numbers in confinement compared to other countries.

CHAPTER SUMMARY