Transcript Status Offenses - McMillan & Rawlings -

The Treatment of Young
Offenders in the American
Justice System
Judge Tom C. Rawlings
Juvenile Courts, Georgia
United States
[email protected]
www.tomrawlings.com
Juvenile Courts
• 100-year-old tradition
• Designed to treat and rehabilitate
young offenders.
• Punishment is designed to prevent
children from going too far astray
Goals of Juvenile Justice
• Increase Safety In Communities
• Hold Juvenile Offenders Accountable
To Their Victims And To The Community
• Develop Competent And Productive
Citizens
– In Sum: Balanced and Restorative Justice.
Goals of “Adult” Justice
• Community Safety
• Deterrence of future crime, often
through prison
• Rehabilitation of the criminal is a
secondary consideration
Who is Eligible for Juvenile
Court?
• Some states have minimum ages: 6,
8, or 10
• The majority of states have no
minimum age
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Even in these states, there may be a
minimum age to be placed in secure
detention
West Virginia: 10 for boys, 12 for girls
More severe punishment for older
juveniles.
Who is Eligible for Juvenile
Court?
• All states have a maximum age after
which the juvenile court must release
its jurisdiction.
• 33 states: Up to Age 20
• A Few States: Up to Age 24
Who is Eligible for Adult
Prosecution?
• In 38 states, age cutoff is 18
• In 16 states, age cutoff is 17
• In a few states, it is 15
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This means that when a person turns this
age, he or she is automatically
prosecuted in adult court.
However, younger people can be
prosecuted in adult court.
Who is Eligible for Adult
Prosecution?
• 23 states, no minimum age IF the
crime is sufficiently severe
• In other states, age ranges from 10 to
15.
–
We will discuss later how these younger
offenders can be prosecuted as adults.
When are Young People
Committing Crimes
• Most Adults who commit crimes do so
around 10:00 p.m.
• Most children or juveniles who
commit crimes do so between 3:00
and 4:00 p.m. on school days
–
This is the hour right after school.
What Type of Crimes Are Young
People Committing?
• 24%: Crimes against persons
–
17% Simple Battery
• 39% Property Crimes
• 12% Illegal Drugs
• 25% Crimes Against Public Order
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Disorderly Conduct
Obstruction of Law Enforcement
How Juvenile Courts Handle
Offenders
• Doctrine of “Parens Patriae,” in which
Court is “In Loco Parentis” for child
whose parents cannot control.
• Again, idea has been to treat and
rehabilitate.
• Punishment secondary consideration
How Juvenile Courts Handle
Offenders
• Probation
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Graduated sanctions
Community Service
Suspension of Drivers’ License
Restitution
Mandatory Counseling
Short-Term Detention
Group Homes
CLAYTON COUNTY JUVENILE
JUSTICE COLLABORATIVE
JDAI Coordinator
Executive Committee
FAST Panel
Quad C-ST
Standing Committees
Judge Teske Addressing the Collaborative
IMPACT OF CAMPUS
POLICE
• School Discipline
Becomes Criminal
1200
Matter
1000
800
• Youth are
Stigmatized with 600
Juvenile Records 400
200
• Zero
0
Tolerance/Zero
Evidence
• Courts/Probation
Overburdened
School Offenses
1995 1996 1997 1998 1999 2000 2001 2002 2003
SCHOOL OFFENSE
PROTOCOL AGREEMENT
• Focused Acts: Affray,
DPS, DC, Obstruction
• First Offense/Warning
• Second Offense/Referral
to Workshop
• Third
Offense/Complaint Filed
School Offense Agreement Signed by all Police
Chiefs, School Superintendent, Juvenile
Judges, DFCS Director, and other partners on
July 8, 2004
COLLABORATIVE
OUTCOME
40
35
30
25
2003-04
2004-05
20
15
10
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Week 7
Week 6
Week 5
Week 4
Week 3
Week 2
Week 1
90.2% Reduction in Complaints
Filed on Focused Acts
IMPACT OF COLLABORATIVE-BASED
INITIATIVES ON RECIDIVISM
35%
30%
25%
20%
Recidivism
15%
10%
5%
0%
2001 2002 2003 2004 Reduced caseloads increases the amount of
supervision of high risk probationers resulting
in reduction in re-offense rates
COMPARATIVE DETENTION RATES
(2002-04)
35
30
25
2002
2003
2004
20
15
10
5
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Detention Reduced By Approximately 44% Since
Implementing JDAI Collaborative Programming
How Juvenile Courts Handle
Offenders
• Short-Term Detention
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May be pre-adjudicatory or postadjudicatory
Georgia: Limited to felony or where
child has failed graduated sanctions.
Graduated Sanctions: Defined by
NCJFCJ
• A set of dispositional options arrayed
along a continuum.
• Includes three components:
– Programmatic
– Structured decision making
– Management information component
Components
Risk/Needs Assessments
• The key attributes of objective classification
and risk assessment instruments are:
– They employ an objective scoring process.
– They use items that can be easily and reliably
measured, meaning that the results are
consistent both across staff and over time as they
relate to individual staff members.
– They are statistically associated with future
criminal behavior, so that the system can
accurately identify offenders with different risk
levels.
Programmatic Component
• Immediate sanctions within the community
for first-time, non-violent offenders.
• Intermediate sanctions with the community
for more serious offenders.
• Secure care programs for most serious
offenders.
• Aftercare programs that provide high levels
of social control and treatment services.
Suggested Program Components: Intake
1. Case handling mechanisms:
– intake hearings/conferences ; alternative diversion
such as teen court, neighborhood accountability
boards, or mediation programs.
2. Immediate sanctions:
– restitution, community service; educational programs
(e.g., shoplifters, substance abuse education); victim
impact panels or victim-offender mediation.
•
Intervention for high-risk/needs youth:
– Divert but need supervision and treatment.
– Specialized services for diverted youth with SA , ED,
or MH problems.
Suggested Programmatic Components:
Detention
• One or more community-based programs
designed specifically as alternatives to
secure detention such as Home Detention
(with or without electronic monitoring),
• Day/Evening Reporting Center, or
Community Service work crews.
• One or more residential placement
resources such as shelter care.
Suggested Program Components:
Disposition
•
1. A range of supervision/control options, primarily communitybased,organized into four or five levels of increasing
restrictiveness. These levels should include:
–
probation, with differential levels of supervision based on
risk;
– intensive probation with specialized caseloads, or tracking
program, or
– advocate program, or day treatment/day reporting program;
–
group homes, or treatment foster care, or wrap-around
services or short term, intensive residential program (e.g.,
wilderness program); and
– access to residential treatment facilities for mental health,
substance abuse, or severe behavioral problems;
Disposition Component Continued
2. One or more of the above community-based programs
should be designed specifically as an alternative to
secure correctional placement.
3.
Two or more of the above community-based programs
should be designed specifically for a special needs
population such as females, drug offenders, ganginvolved youth, or sex offenders
4. Youth at all levels o f supervision and control should have
access to a wide range of services (e.g., GED,
alternative schools), vocational training, life and social
skills training, and family-oriented interventions.
5. One or more programs should be a product of interagency collaboration in terms of funding, administration,
and/or operation
Suggested Immediate Sanctions
Early interventions targeting non-chronic offenders
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Curfews
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Restitution/Community Service Programs
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Mandated groups (shoplifters, SA)
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Family Group Conferences
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Victim Impact Panels
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Victim-Offender Mediation
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Mentoring
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Teen Court
Suggested Intermediate Sanctions
•
For juveniles who continue to offend following
immediate interventions, youth who have
committed more serious felony offenses, and some
violent offenders who need supervision, structure,
and monitoring but not necessarily
institutionalization.
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Intensive Supervision
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Day Treatment
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House Arrest/Electronic Monitoring
•
Treatment Programs (MST, IFI, etc).
How Juvenile Courts Handle
Offenders
• Long-term Detention
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Commitment to Juvenile Corrections
Division
Designated Felon: 1 to 5 years in secure
juvenile detention
• Available for very severe crimes
• Kidnapping, arson, aggravated assault by
child at least 13
• Bringing weapon to school
• Serious drug offenses
How Juvenile Courts Handle
Offenders
• Other Juvenile Court Powers:
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Power of Contempt to make parents
and guardians comply.
Mandated family counseling or drug
treatment
How Adult Criminal Courts
Handle Young Offenders
• Waiver: Available in All States.
– 45 States – discretionary with judge based
on child’s record, severity of offense, and
need to protect community
– In some states, mandatory based on type
of crime
How Adult Criminal Courts
Handle Young Offenders
• Exclusion or Automatic Jurisdiction in
Adult Court
– Mississippi: While age for adult
prosecution is 18, all felonies committed
by 17 year olds are prosecuted in adult
court.
– Georgia: Seven deadly sins, is committed
by child at least 13, are prosecuted in
adult court.
Competence
• “Formal” Competence
• Decisional Capability
• Developmental Immaturity
• Tom Grisso, Juveniles’ Competence To Stand
Trial.
Sentencing of Young Offenders
in Adult Court
• Adult Crime = Adult Time.
– Differences in burglary for juvenile and
adult sentence, for example
• Blended Sentencing:
– Virginia: Adult Court could order juvenile
sentence, adult sentence, or suspend
adult sentence if juvenile sentence is
successfully completed.
Sentencing of Young Offenders
in Adult Court
• Where are they kept?
– Georgia: Kept in juvenile facility until age
17, when they are transferred to an adult
facility designed for younger offenders
Problems with Prosecuting
Children As Adults
• An example: Sex Offenses
Normal Sexual Development
In the first year of life
• Most children discover the pleasure of
genital- self stimulation
From two to six years of age
• Children may begin to engage in sexual
play with peers. Penile erection, by rubbing
in female preschoolers, sexual exploration
games, touching and rubbing of one’s
genitals, exhibitionism, voyeurism, use of dirty
language and flirtatious behaviors have
been described in normal children 2-6 years
of age.
Normal Sexual Development
• Middle Childhood
Sexual interest during the middle
childhood years waxes and wanes
with the degree of sexual stimulation
and sexually sensitizing experiences
Growth of Healthy Sexuality
• Intimacy learned through interaction with
peers
• Learning personal roles in and out of one’s
family
• Changing ideas as a result of puberty
• Sexual feelings find an appropriate place in
one’s life
• Learning societal rules
• Learning about reproduction
What Is Sexual Abuse?
• “A sexual offense involves the use of
greater age, force, prestige,
intelligence or other source of power
to coerce another person into a sexual
act to which they might not otherwise
consent”
(Breer, 1987 )
What Is A Sexual Offense ?
The offender uses his/her greater power to
exploit his/her victims
Criteria :
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Age
Force
Power
Consent
Place
What Is A Sexual Offender ?
• A part of the sexual gratification
obtained by the sexual perpetrator
arises from controlling, dominating,
and/or humiliating the sexual partner.
(Breer, 1987 )
Offending vs Experimentation
Greater than 3 year age difference
Sexual involvement with pre-pubertal
child
Difference in status and sophistication
between the sexual partners
Offending vs Experimentation
Exploitation and control are features of
offending and not experimentation.
Force clearly identifies an offender.
Sexuality with focus of control, domination,
and /or humiliation is not a characteristic of
experimentation
Guidelines for Assessing Sexual Behavior
• What are the power positions of the
participants ?
• Is force or intimidation involved ?
• Is ritual or sadistic abuse involved ?
• Was secrecy involved ?
• How developmentally appropriate
are the
sexual acts ?
Sgroi (1988)
Places to Go, Things to See
• Visit www.tomrawlings.com
– This presentation and paper
online
• www.ojjdp.ncjrs.org
– LOTS of good information on juvenile
justice.
• www.ncjfcj.org
– The National Council of Juvenile and
Family Court Judges