Transcript Texas: Not Just Death Row

Texas: Not Just Death Row
The Juvenile Justice System
By:
Avery Moore, Nick Rubino, Calyn
Jones, and Nick Hogan
Why Texas?
• Texas has a very large population, therefore
there are more crimes yearly, as compared to
Massachusetts.
• For crimes committed by juveniles (under 18
years of age) we found the following
statistics…
Why Texas? (Cont’d)
• In 2007, Massachusetts had a total of 18,407
reported crimes for people under age 18.
– Of these, 1,897 were classified as “violent crimes”
• Compared to Massachusetts, Texas had a total
of 166,976 crimes for people under age 18.
– Of these, 4,881 were classified as “violent crimes”
State – Level Component
• There are two state-level agencies that are
devoted to the juvenile justice functions.
• These are known as the Texas Juvenile
Probation Commission and the Texas Youth
Commission
Texas Juvenile Probation Commission
• The purposes of the TJPC are:
– to make probation services available to juveniles
throughout the state
– to improve the effectiveness of juvenile probation
services
– provide alternatives to the commitment of juveniles
by helping with financial aid
– help establish standards for the community-based
juvenile justice system
– improve communications among state and local
entities
– promote delinquency prevention.
The Texas Youth Commission
• The TYC provides care, custody, rehabilitation and the
reestablishment in society of juveniles who are
committed by the courts for have engaged in
delinquent behavior.
• It provides programs for juveniles that help supervise
them once they are released.
• It was established for the control and rehabilitation for
Texas’s most violent and chronic juvenile offenders
• The Texas Youth Commission provides treatment
programs which consist of: re-socialization, capital
offender program, sex offender treatment and
chemical dependency treatment
Local – Level Component
•County Juvenile Board which performs oversight
functions for the juvenile justice system at the local
level
•This means that it oversees everything that is
happening.
•The Juvenile Court Judges and County Juvenile
Probation Department which deals with 97% of the
juveniles who commit crimes in the community
(Texas Juvenile Justice)
Local – Level Cont’d
• Juvenile Prosecutors, Justice and Municipal
Court Judges that help deal with the most
Class C misdemeanors and violations of
juveniles
– Class C misdemeanors are the least serious,
compared to Classes A and B.
CINS
• If a juvenile is not able to be cared for by their
parents, they are sent to the Conduct
Indicating a Need for Supervision (CINS),
which is equivalent to Massachusetts’ CHINS
program (Child In Need of Supervision).
• This is used for status offenses such as
truancy, running away, curfew violations, etc.
Arrested Youth
• Once a juvenile is taken into custody, it is
decided whether or not to consider them an
adult, or child (typically aged 10-18).
• Depending on the offense, the child’s parent
could be charged as well.
• If the youth is detained by intake, the judge
will have to find probable cause within a forty
eight hour period and hold a detention
hearing within one or two working days.
Juvenile Waiver
• The rate of juveniles being waived to adult
court has risen over recent years.
• This is due in part to a new bill, S.B. 103,
which has decreased the maximum age that
the TYC can hold juveniles.
• Before, juveniles had to be released when
they became 21 years of age. Now, they must
be released when they are 19.
What does this mean?
• Due to the passing of the S.B. 103 bill, lowering
the age of release, juveniles are more likely to be
waived to adult court, since they are not able to
stay in the TYC, long enough for them to be
considered rehabilitated.
• This is an issue, because juveniles have an
increased chance of being victimized in an adult
facility, and suffer emotional trauma.
– Younger juveniles in adult facilities are eight times
more likely to commit suicide.
What does this mean? (Cont’d)
• Statistics have also shown that the recidivism
rates (how likely one is to be rearrested upon
release from prison) are higher for juveniles
whom have been transferred to adult court.
• This means an increase in the number of
prisoners, as this creates a repeating cycle.
Example!
• In 2007, a sixteen year-old boy set fire to
Needleville High School, causing between six
and seven million dollars worth of damage.
• Prosecutors pushed for him to receive the
maximum incarceration sentence of 40 years.
– Unfortunately, it was not considered a “capital
crime” as there was no death or bodily injury, so
the 40 year incarceration sentence was not
applicable.
Example Cont’d!
• In the end, the youth received 10 years of probation.
• His attorney called him a “model citizen” because he
was compliant with all of the judges orders and plead
guilty to his charge of arson.(ha ha ha…)
• Under Texas law, a youth cannot be placed under
probation that exceeds his/her 18th birthday.
– Though this article does not mention it, we believe that
there was an arrangement worked out between the
prosecutor and the defendant, because he was so
compliant.
Works Cited
"Office of the Independent Ombudsman for the Texas
Youth Commission." Google. 9 Apr. 2009
<http://74.125.93.104/search?q=cache:Bdk4zoRS8ngJ:www.tyc.state
.tx.us/ombudsman/SB103_AdultCert_Summary.pdf+texas+juvenile+t
ransfer+rate&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a>.
"The Texas Juvenile Justice System". Texas Juvenile
Probation Commission. April 5, 2009
<http://www.tjpc.state.tx.us/about_us/juv_justice_overview.htm>.
Hanson, E. "Fort Bend Teen Gets Probation in School Arson
Case". April 6, 2009
<www.chron.com/disp/story.mpl/moms/5598042.html>.
"Who are TYC Offenders?". Texas Youth Commission. April
7, 2009
<http://www.tyc.state.tx.us/research/youth_stats.html>.