www.sas.upenn.edu
Download
Report
Transcript www.sas.upenn.edu
NURS 533 Victimology
A. Student
Introduction
Who is a “Juvenile”???
– Each state defines by age (15-17)
– exceptions include violent crimes
– For violations of Federal Law, juveniles are
defined as under 18
What is “Delinquency”???
– a juvenile committing an act for which an
adult can be prosecuted in criminal court
Upper Age Limit By State
The History
Originated in Illinois (1899) - The
Juvenile Court Act
A distinct court to address the needs of
children (i.e. removal from abusive
homes, truancy, etc.)
1925- All states except Maine and
Wyoming had juvenile courts
1945- All states had these courts
Juvenile Crime Clock
A juvenile is arrested for:
– Murder - every 3 hours and 30 minutes
– Rape - every 2 hours
– Robbery - every 12 minutes
– Aggravated Assault - every 8 minutes
[FBI UCR, 1995]
Juvenile Index Crimes
Juvenile Arrests
50
45
40
% of total
35
30
25
20
15
10
arson
motor theft
larceny
burglary
assault
robbery
rape
0
murder
5
Source: US Department of Justice,
Crime in the United States, 1994
Juvenile Homicide Rate
Homicide Rate Per 100,000
(for ages 14 - 17)
25
20
15
10
5
0
1975
1980
1985
1990
Source: James Alan Fox, Trends
Juvenile Violence
1995
in
Juvenile Court Proceedings
JUVENILE COURT
–
–
–
–
–
–
–
Take into custody
Petition
Adjudication Hearing
Adjudication
Dispositional hearing
Commitment
Aftercare
ADULT CRIM COURT
–
–
–
–
–
–
–
Arrest
Indictment
Trial
Conviction of guilt
Sentencing hearing
Sentence to jail
Parole
Juvenile Court Proceedings
Absence of guilt in juvenile court “found to be delinquent”
Treatment instead of punishment
Proceedings are closed to the public
No long term incarceration
Speedy proceedings and case disposal
Source: Clifford Simonsen, Juvenile
Justice in America, 1991.
Juvenile Court Procedure
Taken into custody
Intake
Adjudication
Disposition
Aftercare
Source: Clifford Simonsen, Juvenile
Justice in America, 1991.
Juveniles in the Adult System
Certification
– Prima facie case
– Public interest
– Treatable
– Burden of proof on prosecution
Direct file juvenile cases
– Burden on proof of defense
Prevention Programs vs Incarceration
Cause of delinquency include:
– Child abuse
– Lack of family structure
– Anti-social behavior early in life
Examples:
– According to U.S Advisory Board on Child
Abuse, child abuse increases likelihood of
arrest as juvenile by 53%
– 85% of Texas inmates claim to be abused
Prevention Programs vs. Incarceration
Institutions range from:
– Serene, campuses with counselors
– Prison-like settings
– Half-way houses
– Boot camps
Problems with Incarceration->
Studies prove that incarceration does
not work and is not cost effective
– Early intervention programs prevent 250
crimes per $1 million spent, while prisons
only prevent 60 crimes a year per million
spent
Source: Rand Corp
Attempt to eliminate incarceration for
juveniles failed in Massachusetts
Emergence of “Boot Camps”
Programs vary, but most include a
paramilitary style that stresses discipline
and physical training
Cost of the average 6 month boot camp
is around $6700, vs incarcerating a
juvenile, which costs $47,400
Source: Koch Crime Institute
Do Boot Camps Work?
Conflicting view of whether or not boot
camps are effective:
– Study of Florida boot camps revealed no
difference in the recidivism rates between
camps and other programs
– Study of New Jersey revealed 41% of their
boot camp graduates were re-arrested vs
53% from other juvenile programs
– Programs that provide “after-care” appear
to have higher rates of success
Effectiveness of Curfews
According to a 1997 United States
Conference of Mayor’s Report:
– In the same survey, 26 cities with
nighttime curfews showed reduction in
juvenile crime averaging 21%
– 22 cities with day and night curfews also
averaged a 21% decline
– 6 cities reported increases in juvenile crime
but noted that their were declines in crime
6 months to year after implementation
Failures of System
Even violent offenders have records
cleared when becoming adults
A juvenile must be released upon
reaching 18 years of age
Tough laws don’t address the roots of
violent juvenile crime
Programs receive minimal funding
Failures (cont’d)
A percentage of juveniles are held in
county jail even before trial
Industrial schools for juveniles are
institutions of confinement like prisons
violence and sexual assault plague the
institutions
Counselors rarely attempt to work with
the juvenile’s family
Juveniles go from institutions to homes with no
consistent discipline
Diversion Programs
Attempts to treat juveniles who would
be passed over by courts
Believe juvenile courts are ineffective
and stigmatizing
Consider charging a juvenile for noncriminal behavior immoral
Diversion Programs have their
weaknesses also
International Perspective
MEXICO
– 2 Dominant systems of juvenile legislation
Subject to adult jurisdiction
Subject to a separate system
– Juvenile court procedures
– Decisions:
Return to family[possibly under observation]
Enrollment in public/private school
Hospitalization
Commitment to juvenile facility for treatment.
International Perspectives (cont’d)
AFGHANISTAN
– Hanafi jurisprudence
– Function of judiciary
– Juvenile courts
Investigation by judicial officers
(possibly police)
Investigation by special prosecutor
(usually female)
Determination of age of accused (7 - 14)
Decision of court
Conclusion
The juvenile justice system needs to be
reformed
The system should address issues social
and economic issues within the home