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
