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