Juvenile Justice in America

by Bartollas, Clemens F.; Miller, Stuart J.

• ISBN13: 9780131123267
• ISBN10: 0131123262
• Edition: 4th
• Format: Hardcover
• Copyright: 2005-01-01
• Publisher: Prentice Hall

Summary

For juvenile justice/juvenile delinquency courses in Criminal Justice, Criminology and Sociology departments. Fully focused on the important issues, emerging trends, contemporary research, and special challenges facing juvenile justice today, this comprehensive exploration of the American juvenile justice system covers the history and philosophy of juvenile justice, the current practices for processing youthful offenders, the detention of juveniles, and the diversion of youth from the juvenile justice system. Unique in its approach, it gives students an up-close and personal view of the fascinating and sometimes tragic world of the juvenile offenderand the personal, psychological and thinking processes that characterize juvenile misbehavior.

Table of Contents

Preface	xvii
PART I: INTRODUCTION
Juvenile Justice: An Overview	1	(34)
What Are the Historical Themes of Juvenile Justice?	4	(6)
Declining Authority of the Family	5	(1)
Reform and Retrenchment	6	(2)
Get Tough and Go Soft Approaches	8	(1)
Threat of the Dangerous Poor	9	(1)
The Unsolvable Nature of Youth Crime	10	(1)
What Are the Juvenile Justice Agencies and Functions?	10	(2)
How Are Juvenile Offenders Processed?	12	(6)
What Are the Main Challenges to the Juvenile Justice System?	18	(12)
Conflicting Philosophies and Strategies on Correcting Juveniles	18	(8)
Social Injustice	26	(2)
Fragmentation	28	(2)
Summary	30	(1)
Web Sites of Interest	30	(1)
Critical Thinking Questions	31	(1)
Notes	31	(4)
The Measurement of Juvenile Crime and Victimization	35	(42)
What Are Official Measurements of Juvenile Crime?	37	(17)
Uniform Crime Reports	37	(8)
Juvenile Court Statistics	45	(6)
Victimization Surveys	51	(3)
What Are the Unofficial Measurements of Juvenile Crime?	54	(5)
Self-Report Studies	54	(2)
Cohort Studies	56	(3)
How Much Drug Use Is There among Juveniles?	59	(2)
What Are the Dimensions of Law-Violating Behaviors?	61	(4)
Age of Onset	61	(3)
Escalation of Offenses	64	(1)
Specialization of Offenses	64	(1)
Desistance from Crime	64	(1)
Transition to Adult Crime	64	(1)
What about Juvenile Victims?	65	(5)
The Maltreatment of Children	65	(2)
Victimized at School	67	(3)
Summary	70	(1)
Web Sites of Interest	71	(1)
Critical Thinking Questions	71	(1)
Notes	72	(5)
Causes of Juvenile Crime	77	(34)
What Is the Relationship between Theory and Research?	79	(3)
Is Juvenile Crime Rational Behavior?	82	(3)
Classical School of Criminology	82	(1)
Rational Choice Theory	83	(2)
How Has Determinism Influenced the Development of the Positive School?	85	(15)
Development of Positivism	85	(1)
Biological Positivism	86	(1)
Psychological Positivism	87	(5)
Sociological Positivism	92	(8)
How Does Integrated Theory Explain Juvenile Crime?	100	(4)
Gottredson and Hirschi's General Theory of Crime	101	(1)
Elliott and Colleagues' Integrated Social Process Theory	102	(1)
Thornberry's Interactional Theory	103	(1)
Summary	104	(1)
Web Sites of Interest	104	(1)
Critical Thinking Questions	104	(1)
Notes	105	(6)
PART II: THE SYSTEM AND EARLY DECISION MAKING
The Police	111	(38)
What Is the History of Police--Juvenile Relations?	113	(1)
Have Juveniles' Attitudes toward the Police Changed?	114	(4)
How Do the Police Respond to Youthful Lawbreakers?	118	(3)
Factors That Influence Police Discretion	118	(2)
Informal and Formal Dispositions of Juvenile Offenders	120	(1)
What Legal Rights Do Juveniles Have with the Police?	121	(12)
Search and Seizure	121	(4)
Interrogation and Confession	125	(6)
Fingerprinting	131	(1)
Lineups and Photographs	132	(1)
How Does the Police Organization Function?	133	(3)
Departments without Specialized Units of Personnel	133	(1)
Departments with Specialized Units of Personnel	134	(2)
What Are the Special Challenges Facing the Police in the Community?	136	(7)
Pursuing Problem-Oriented Policing	137	(1)
Preventing Drug Use by School-Age Children	137	(5)
Getting Guns Out of the Hands of Juveniles	142	(1)
Participating in Gang Prevention and Control Strategies	142	(1)
Summary	143	(1)
Web Sites of Interest	143	(1)
Critical Thinking Questions	143	(1)
Notes	144	(5)
The Juvenile Court	149	(28)
What Is the Tradition Behind the Juvenile Court?	151	(1)
How Did the Juvenile Court Develop?	152	(2)
How Have Legal Norms Changed?	154	(6)
Kent v. United States	154	(2)
In re Gault	156	(2)
In re Winship	158	(1)
McKeiver v. Pennsylvania, In re Terry, and In re Barbara Burrus	158	(2)
Breed v. Jones	160	(1)
How Is the Status Offender Controlled?	160	(3)
Deinstitutionalization of Status Offenders	161	(1)
Jurisdiction Over Status Offenders	162	(1)
What Are the Pretrial Procedures of the Juvenile Court?	163	(8)
Detention Hearing	164	(3)
Intake Process	167	(2)
The Transfer Procedure	169	(1)
Plea Bargaining	170	(1)
Summary	171	(1)
Web Sites of Interest	172	(1)
Critical Thinking Questions	172	(1)
Notes	173	(4)
Juvenile Trial and Disposition	177	(18)
Who Are the Juvenile Courtroom Players?	178	(4)
The Judge	179	(1)
The Referee	180	(1)
The Defense Attorney	180	(1)
The Prosecutor	181	(1)
The Nonjudicial Support Personnel	182	(1)
What Are Other Stages of Juvenile Court Proceedings?	182	(6)
Adjudicatory Hearing	182	(1)
Disposition Hearing	183	(3)
Judicial Alternatives	186	(2)
What Right Does the Child Have to Appeal?	188	(1)
What Is the Juvenile Sentencing Structure?	188	(2)
What Would Justice for Juveniles Look Like?	190	(2)
Summary	192	(1)
Web Sites of Interest	192	(1)
Critical Thinking Questions	192	(1)
Notes	193	(2)
Juveniles in Adult Court	195	(30)
Children or Adults?	196	(3)
How Does Transfer to Adult Court Take Place?	199	(8)
Judicial Waiver	202	(1)
Prosecutorial Discretion	202	(1)
Statutorial Exclusion	202	(3)
Changing Criteria for Waiver	205	(1)
Evaluation of Waiver	205	(2)
How Does a Youthful Offender System Work?	207	(2)
What Is Life Like for a Juvenile Sent to Prison?	209	(3)
Should Juveniles Be Put to Death?	212	(3)
A Proposed Adult Court for Juveniles	215	(5)
Summary	220	(1)
Web Sites of Interest	220	(1)
Critical Thinking Questions	220	(1)
Notes	220	(5)
PART III: COMMUNITY-BASED CORRECTIONS
Juvenile Probation	225	(32)
How Did Probation Develop?	227	(2)
How Is Probation Administered?	229	(2)
What Are the Functions of Probation Services?	231	(10)
Intake	231	(1)
Investigation	231	(1)
Supervision	232	(9)
How about Risk Control and Crime Reduction?	241	(5)
Restitution	241	(2)
Intensive Supervision	243	(1)
House Arrest and Electronic Monitoring	244	(2)
How Do Probation Officers Do Their Jobs?	246	(2)
Role Conflict	246	(1)
Conflicting Pressures	246	(1)
Communication with Clients	247	(1)
What Are the Rights of Probationers?	248	(1)
What Is the Role of Volunteers in Probation?	249	(2)
Is Probation Effective?	251	(1)
Summary	252	(1)
Web Sites of Interest	252	(1)
Critical Thinking Questions	253	(1)
Notes	253	(4)
Community-Based Programs	257	(38)
How Have Community-Based Programs Evolved?	258	(3)
What Has Been the Community's Acceptance of Community-Based Programs?	261	(1)
How Are Community-Based Programs Administered?	262	(1)
What Is the Role of Delinquency Prevention?	263	(8)
Chicago Area Projects	266	(1)
Perry Preschool	267	(1)
School Development Program	268	(1)
Program Development Evaluation	268	(1)
Parent Training	269	(1)
The Violent Juvenile and Delinquency Prevention	270	(1)
What Is the Role of Diversion?	271	(8)
The Youth Service Bureau	272	(1)
Runaway Centers	272	(2)
Elan	274	(1)
Teen Courts	274	(3)
The Juvenile Drug Court Movement	277	(1)
Juvenile Mediation Program	277	(1)
Gang Intervention Programs	278	(1)
How Do Day Treatment Programs Operate?	279	(3)
Associated Marine Institute	280	(1)
Project New Pride	280	(2)
How Do Group Homes Operate?	282	(2)
What Are Wilderness Programs?	284	(4)
Outward Bound	284	(3)
VisionQuest	287	(1)
Are Community-Based Programs Effective?	288	(1)
Summary	289	(1)
Web Sites of Interest	290	(1)
Critical Thinking Questions	290	(1)
Notes	290	(5)
Juvenile Aftercare	295	(34)
What Is the Definition and Scope of Juvenile Aftercare?	297	(1)
History of Aftercare	297	(1)
Aftercare Objectives	297	(1)
How Does Juvenile Aftercare Operate?	298	(16)
The Prediction and Reduction of Recidivism	300	(5)
The Reentry Process	305	(1)
The Length of Aftercare Supervision	306	(1)
Risk Control and Crime Reduction	307	(5)
Community Experience	312	(2)
What Are the Main Responsibilities of Aftercare Officers?	314	(6)
Supervision	314	(3)
Revocation of Aftercare	317	(3)
What Are Interstate Compacts?	320	(2)
How Can Aftercare Be Improved?	322	(1)
Summary	323	(1)
Web Sites of Interest	323	(1)
Critical Thinking Questions	323	(1)
Notes	324	(5)
PART IV: INSTITUTIONALIZATION
Juvenile Institutionalization	329	(40)
What Is the History of Juvenile Confinement?	331	(4)
The House of Refuge	332	(2)
The Reformatory or Training School	334	(1)
The Cottage System	334	(1)
What Are Twentieth-Century Changes in Juvenile Confinement?	335	(2)
Brutal Treatment and Critical Response	336	(1)
Institutional Reforms	337	(1)
What Are the Short-Term Confinements of Juveniles?	337	(4)
Jails	338	(1)
Detention Centers	338	(2)
Shelter Care Facilities	340	(1)
What Are the Long-Term Confinements of Juveniles?	341	(17)
Boot Camps	341	(2)
Reception and Diagnostic Centers	343	(1)
Ranches and Forestry Camps	344	(1)
Training Schools	345	(11)
Mental Health Placements	356	(2)
What Are the Troubling Aspects of Juvenile Institutionalization?	358	(3)
Residential Social System	358	(1)
Juvenile Victimization	359	(2)
Do Institutionalized Youths Have Rights?	361	(1)
Right to Treatment	361	(1)
Right Not to Be Treated?	361	(1)
Right to Be Free from Cruel and Unusual Punishment	362	(1)
CRIPA and Juvenile Correctional Facilities	362	(1)
Summary	362	(1)
Web Sites of Interest	363	(1)
Critical Thinking Questions	363	(1)
Notes	363	(6)
Treatment Technologies	369	(38)
What Is the Treatment Debate?	371	(2)
How Are Youthful Offenders Classified?	373	(2)
What Are the Main Treatment Modalities?	375	(18)
Psychotherapy	375	(1)
Transactional Analysis	376	(2)
Reality Therapy	378	(3)
Behavior Modification	381	(2)
Family Therapy	383	(1)
Guided Group Interaction	384	(2)
Positive Peer Culture	386	(2)
Drug and Alcohol Abuse Interventions	388	(1)
Cognitive-Behavioral Interventions	388	(3)
Law-Related Education	391	(1)
Gang Deactivation Groups	392	(1)
Why Is Treatment Effectiveness So Difficult to Attain?	393	(7)
Ingredients of Effective Programs	397	(2)
Strategy for Improving the Effectiveness of Correctional Programs	399	(1)
What Works for Whom and in What Context	400	(1)
Summary	400	(2)
Web Sites of Interest	402	(1)
Critical Thinking Questions	402	(1)
Notes	403	(4)
PART V: TOWARD AN UNDERSTANDING OF THE YOUTHFUL OFFENDER
Juvenile Gangs	407	(32)
How Have Gangs Evolved in the United States?	409	(6)
Gangs and Play Activity: The 1920s through the 1940s	409	(1)
West Side Story Era: The 1950s	409	(1)
Development of the Modern Gang: The 1960s	410	(4)
Expansion, Violence, and Criminal Operations: The 1970s, 1980s, and 1990s	414	(1)
What Is Important to Know about Urban Street Gangs?	415	(13)
Types of Urban Gangs	415	(1)
Organizational Features of Urban Gangs	416	(1)
Drug-Trafficking and Gangs	417	(2)
Gangs in School	419	(1)
Law-Violating Behaviors and Gang Activities	419	(4)
Racial and Ethnic Gangs	423	(1)
Females in Gangs	424	(1)
What Are Emergent Street Gangs?	424	(4)
How Is Gang Involvement Toxic?	428	(3)
What Can Communities Do to Prevent and Control Youth Gangs?	431	(1)
Summary	432	(1)
Web Sites of Interest	432	(1)
Critical Thinking Questions	433	(1)
Notes	433	(6)
The Juvenile Offender	439	(44)
What Are Problem Behaviors among Adolescents?	441	(2)
Who Can Be Defined as Noncriminal Youths?	443	(4)
Status Offenders	443	(1)
Dependent and Neglected Children	444	(3)
Who Are Irresponsible Youths?	447	(3)
Naive Offenders	447	(2)
Emotionally Disturbed Children	449	(1)
Who Are Situational Offenders?	450	(6)
Property Offenders	452	(2)
Violent Offenders	454	(2)
What Categories Make Up Drug and Alcohol Users?	456	(3)
Social or Recreational Users	457	(1)
Addicts	458	(1)
Who Are Chronic Offenders?	459	(2)
Who Are Juvenile Sex Offenders and What Do We Know about Them?	461	(14)
Prostitutes	465	(9)
Street Gang Members	474	(1)
What Are the Limitations to This Classification Scheme?	475	(1)
Summary	476	(1)
Web Sites of Interest	477	(1)
Critical Thinking Questions	477	(1)
Notes	477	(6)
PART VI: THE INTERNATIONAL SCENE
International Juvenile Justice	483	(42)
What Are the Beijing Rules?	486	(2)
How Do Industrialized Nations Handle Juvenile Crime?	488	(14)
Canada	488	(4)
England and Wales	492	(6)
Australia	498	(4)
How Do Emerging Nations Handle Juvenile Crime?	502	(16)
South Africa	502	(3)
China	505	(5)
India	510	(4)
Brazil	514	(4)
Summary	518	(1)
Web Sites of Interest	518	(1)
Critical Thinking Questions	519	(1)
Notes	519	(6)
PART VII: THE FUTURE
Juvenile Justice in the Twenty-First Century	525	(18)
How Do the Problems of Modern Society Affect Youths at Risk?	527	(4)
The Family	527	(1)
The Socioeconomic Structure	527	(1)
The Neighborhood	528	(1)
The School	528	(1)
The Gang	529	(1)
Youth Attitudes	530	(1)
Why Is It Hard for a Juvenile Offender to ``Go Straight''?	531	(3)
Habilitation	531	(1)
Healing	531	(2)
Hope	533	(1)
Honor	534	(1)
What Problems Are There in the Administration of Juvenile Justice?	534	(3)
What Will Juvenile Justice Look Like in the Twenty-First Century?	537	(2)
What Is a Viable Credo for Juvenile Justice in the Next One Hundred Years?	539	(2)
Systemic Changes in Juvenile Justice	539	(1)
Structural Changes in Modern Society	540	(1)
Summary	541	(1)
Critical Thinking Questions	541	(1)
Notes	541	(2)
Name Index	543	(10)
Subject Index	553

Excerpts

Juvenile justice is part of a broader human rights movement that is concerned with far more than society's response to juvenile lawbreaking. Indeed, as globalization, urbanization, industrialization, and worldwide communications increase, the world's attention increasingly is directed to the plight of all children, regardless of circumstances. This concern is extremely late in coming. Approximately one-half of the world's population today is age fifteen or younger, and the magnitude of the problems these youths face is staggering. Poverty, racism, sexism, ethnocentrism, and religious differences all influence how children are treated. The reality is that in many societies, children are considered to be economic hindrances and expendable. Local, municipal, state, provincial, territorial, and national governments often lump together the needy, the dependent and neglected, the status offender, the mentally ill, the violent, and the victim of abuse. These children are discriminated against, victimized, persecuted, and sometimes executed by citizens, police, and paramilitary forces. The problems youths face go to the core of cultural thinking, far beyond the needs of societies simply to fine-tune agencies and rules for the handling of youths in need. English-speaking countries such as the United States provide many of the ideals that are behind current world efforts to reform the world's approach to juvenile justice. Unfortunately, even world leaders often fall far short of their own ideals. In this regard, the United States is an excellent case study of what is and what could be in juvenile justice in the world today. Our primary purpose in this text is to explore and define the important components of and debates over juvenile justice in the United States. Some believe that juvenile justice involves only a study of the early processing bf juvenile offenders; others state that the processing of any or all who come through the juvenile justice system should come under the purview of juvenile justice. Because the authors regard the basic focus of juvenile justice as the control, correction, and treatment of both juvenile offenders and the other groups mentioned, we have accepted the latter definition. We judge that the history and philosophy of juvenile justice, the processing of youths, the detention of juveniles, and the diversion of youths from the juvenile justice system should all be included in discussing juvenile justice. We are committed, moreover, to depicting the fascinating and sometimes tragic world of the juvenile offender, to describing the jobs and problems of practitioners in the justice system who work with youths, and to addressing important issues inherent in juvenile justice. This new edition includes two new chapters, Chapters 3 and 13. The former focuses on explanations for why juveniles become involved in illegal behaviors; the latter, on juveniles' participation in youth gangs and urban street gangs. Other important new features of this text are more emphases on the balanced and restorative justice model, on updating juvenile sentencing structures, on expanding prevention programs for juveniles and boot camps, on developing an understanding of and treatment for sex offenders, and on revealing more on how participants in the juvenile justice system do their jobs. There continue to be frequent glimpses into the mind and perspective of the youthful offender, a portrayal of the emerging trends of juvenile justice and an examination of the risk control and crime reduction measures in probation and aftercare. This book begins with an overview of the juvenile justice system, with a special emphasis on the challenges facing juvenile justice in the twenty-first century. Chapter 2 presents an empirical profile on youth crime, derived from the main official and unofficial measurement of crime. Chapter 3 examines the causes of juvenile crime, ranging from the perspective that the origins of del