Transcript PowerPoint slides for Juvenile Justice in America Edition 4

Part I
INTRODUCTION
Chapter 1
Juvenile Justice: An Overview
Outline
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What Is the Background of Juvenile Justice In the United
States?
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How Did the Juvenile Court Develop?
What Is the History of Juvenile Confinement?
How Did Probation Develop?
What Is the History of Aftercare?
What Are the Historical Themes of Juvenile Justice?
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Discovering the Child
Increased Authority of the State
Reform and Retrenchment
Get Tough and Go Soft Approaches
Threat of the Dangerous Poor
The Unsolvable Nature of Juvenile Crime
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Outline (cont.)
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What Are the Juvenile Justice Agencies and Functions?
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The Police
The Juvenile Courts
Corrections Departments
How Are Juvenile Offenders Processed?
What Are the Most Widely Held Philosophies and Strategies on Correcting
Juveniles?
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The Treatment Model
The Justice Model
The Crime Control Model
The Balanced and Restorative Justice Model
Comparison of Four Models
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Objectives
1.
2.
3.
4.
To retrace the journey of juvenile justice in the United
States
To reveal the historical themes that guided the
development of juvenile justice in the United States
To present the structure and procedures of juvenile
justice agencies in the nation
To examine the various philosophies and strategies for
correcting juvenile offenders
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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1. What is the juvenile justice
system? What does it do?
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Responsible for controlling and correcting the
behavior of troubled juveniles
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Review definitions of childhood (p. 4):
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Fifth century A.D.: Age 7 determined whether
youths would be exempted from criminal
responsibility under certain conditions.
Youth age 12 (girls) and 14 (boys) were held
responsible for their socially unacceptable
behaviors.
England: Children are between ages 7 and 14;
their responsibilities were determined by the
severity of the crime, maturity, capacity to
distinguish between right and wrong, and
evidence of blatant malice.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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2. How were juveniles handled by society before
the founding of the juvenile court?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Hints (pp. 5–6):
 Puritan times
 Beginnings of industrialization
 Urbanization
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Clemens Bartollas and Stuart J. Miller
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3. Which juveniles were targeted before the
founding of the juvenile court and why? Who
engineered the founding of the court, and what
philosophy did they follow?
Juvenile Justice in America, 6th ed.
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Hints (pp. 5–9):
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Immigrants and the poor
Juveniles treated as adults
Middle- and upper-class female reformers
Positivist school
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4. Describe the early juvenile court.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (pp. 6–9):
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Cook County, 1899
Informal basis
Judge as father figure
Needs of child
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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5. What was the thinking behind the development
of the first houses of refuge?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Hints (pp. 9–10):
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Industrialization
Changes in family and community
Urbanization
Existing jails and prisons
Family model (develop fully)
Internal organization and discipline
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
6. When were reformatories developed, and what
were their goals?
Juvenile Justice in America, 6th ed.
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Hints (pp. 10–11):
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Mid nineteenth century
Schooling and labor
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7. Describe the cottage system.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Hints (p. 10-11):
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Rural values
Rural areas
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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8. Describe the history of juvenile
probation up to the present.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
21
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (pp. 11–12):
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John Augustus
First regulation by statute
Juvenile court era
National Association of Probation Officers
Post-WWI
Original probation theory
New mission in 1990s
Juvenile Justice in America, 6th ed.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
9. What is the definition of aftercare? Describe
its history.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
23
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Hints (pp. 12):
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Aftercare is focused on how to best deal with the
problems of youthful offenders after their release
from a juvenile facility.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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History:
•
•
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First juvenile institutions placed juveniles
Professionals––early 1900s
Underdeveloped today
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
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Upper Saddle River, NJ 07458. • All Rights Reserved.
10. What are the historical themes of juvenile
justice? Discuss each.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
26
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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Discovering the child
Increased authority of the state
Reform and retrenchment
Get tough and go soft approaches
Threat of the dangerous poor
The unsolvable nature of youth crime
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
27
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Discovering the child
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For most of history, the special needs of
juveniles were never considered
Subsistence living in the earliest societies
required children to take on whatever
productive roles necessary
Members of society began to debate children’s
“age of responsibility”
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
28
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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Increased authority of the state
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At first, the family was solely responsible for its
children.
The state began to step in after the colonial period.
Parens patriae doctrine adopted from England—right
of the Crown to intervene in family affairs.
Divorce, dysfunctional families, abuse, and neglect
require attention that likely will keep the state involved.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
29
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

Reform and retrenchment
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Describe the cycle of reform and retrenchment.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
30
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints:
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We cannot make up our minds.
Thomas J. Bernard
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
31
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
Get tough and go soft
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Describe each and the approaches used with each.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
32
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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Get tough
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Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
Serious offenders
Punishment
Purposeful activity
33
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Go soft
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Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
1960s
Least restrictive
Status offenses
Keep out of system
Procedural safeguards
34
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
Threat of the dangerous poor
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Describe who the dangerous poor were (are).
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
35
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (p. 15):
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Late 1800s
Poverty
Race
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
36
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
What is meant by the Unsolvable Nature of
Youth Crime?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
37
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (pp. 15–16):
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Unlimited progress
Eliminate long-standing problems
Tried same things over and over
History of cure-alls
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
38
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Upper Saddle River, NJ 07458. • All Rights Reserved.
11. What are the juvenile justice agencies?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
39
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp.16–18):

The police, the juvenile court, and corrections
make up the three subsystems.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
40
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Upper Saddle River, NJ 07458. • All Rights Reserved.
12. What are the functions of each of the
agencies?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
41
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (p. 16):

Police: Basic responsibility is to enforce the law and
maintain order
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
42
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (p. 16):
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Juvenile courts: Dispose of cases referred to them
by intake divisions of probation departments,
make decisions, deal with child neglect and
dependency cases, and monitor the performance of
juveniles who have been adjudicated delinquent or
status offenders
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
43
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (p. 17-18):
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Corrections: Responsible for the care of juvenile
offenders sentenced by the courts
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
44
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Upper Saddle River, NJ 07458. • All Rights Reserved.
13. Describe the differences between the juvenile
and adult justice systems.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
45
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints:
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Focus on practice, Box 1.3, p. 18
Similarities
Common ground
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
46
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Upper Saddle River, NJ 07458. • All Rights Reserved.

Identify and discuss the specific points on
which the juvenile and adult justice systems
usually are compared.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
47
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (p. 17):
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Operating assumptions
Prevention
Law enforcement
Intake-prosecution
Detention––jail/lockup
Adjudication––conviction
Disposition––sentencing
Aftercare––parole
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
48
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
14. Describe what happens at each stage of
juvenile justice processing.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
49
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hints (p. 19):
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Diversion
Exclusion
Prosecution
Intake
Adjudication
Disposition
Placement
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
50
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Upper Saddle River, NJ 07458. • All Rights Reserved.
15. What are the different philosophies used in
juvenile justice?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
51
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp. 20–26):

Four models: The treatment model, the justice model,
the crime model, and the balanced and restorative
model
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
52
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp. 20-22):

What are the assumptions of the treatment model?
How does the treatment model work?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
53
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

Treatment model: Based on the belief that the
basic mission of juvenile justice is to rehabilitate
youthful offenders. It also proposes that the legal
definition of delinquency should be broad and that
victimless crimes and status offenses, as well as
crimes against victims, should remain on the books.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
54
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp. 22–23):

What are the assumptions of the justice model? How
does it work?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
55
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

Justice model: Both juvenile and adult offenders are
volitional and responsible human beings and deserve to
be punished by the law. The punishment they receive
must be proportionate to the seriousness of the offense.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
56
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp. 23–24):

What are the assumptions of the crime control model?
How does it work?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
57
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

Crime control model: Emphasizes punishment as the
remedy for juvenile misbehavior. The crime control
model holds that the first priority of justice should be
to protect the life and property of the innocent.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
58
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Hint (pp. 24–25):

What are the assumptions of the balanced and
restorative justice model? How does it work?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
59
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

Balanced and restorative justice model: Mission is
to develop a community-oriented approach to the
control of offenders rather than relying solely on either
punishment by confinement or individual
rehabilitation through counseling.
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
60
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.

In the balanced and restorative justice
model, what are the new roles of the victim,
community, and offender?
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
61
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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Victim––active participation in defining the harm of the crime
and shaping the obligations placed on the offender
Community––responsible for supporting and assisting victims,
holding offenders accountable, and ensuring opportunities for
offenders to make amends
Offender––active participation in reparation and competency
development
Juvenile Justice in America, 6th ed.
Clemens Bartollas and Stuart J. Miller
62
© 2011, 2008, 2005, 2001, 1998 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.