Juvenile Justice System, The: Delinquency, Processing, and the Law

by Champion, Dean J.

• ISBN13: 9780132193740
• ISBN10: 0132193744
• Edition: 5th
• Format: Hardcover
• Copyright: 2010-01-01
• Publisher: Prentice Hall

Summary

A market-leader,The Juvenile Justice System: Delinquency, Processing, and the Law, Fifth Edition,provides a detailed examination of the juvenile justice system. Known for its comprehensive coverage, the author explores all aspects of juvenile justiceincluding intake, adjudication, dispositions, juvenile probation, parole, and community correctionsand maintains a legal emphasis throughout. Up-to-date tables, figures and statistics give readers the most current perspective of juvenile justice trends. Chapter-opening scenarios, personality highlights and career snapshots use personal accounts to capture the essence of what it means to be part of the juvenile justice system. Covers all aspects of juvenile justice, including intake, adjudication, dispositions, juvenile probation, parole, and community corrections. Covers all levels of offenders and clearly delineates the differences between status offenses and delinquent offenses. Discusses the history of juvenile justice system and the crucial events that have influenced its development. Includes early legal cases, landmark U.S. Supreme Court cases, current juvenile cases, select state court cases, etc. to show the legal bases for decisions about juveniles. Discusses the different rights juveniles have acquired and how different components of the juvenile justice system relate to them. Shows readers the steps involved with processing a juvenile offender and includes topics such as intake, adjudication, dispositions, probation, parole, and aftercare. Feature various professionals who work with juveniles in positions such as juvenile court judge, juvenile probation and parole officer and counselor. Highlights juvenile justice systems in 13 different countries and provide interesting contrasts with the U.S. juvenile justice system. Anyone involved in or interested in Juvenile Justice.

Table of Contents

Preface	xi
An Introduction to Juvenile Justice in the United States	1	(34)
Chapter Objectives	2	(2)
Introduction	4	(1)
The Juvenile Justice System	5	(2)
A Process or System?
The History of Juvenile Courts	7	(16)
Workhouses and Poor Laws
Indentured Servants
Hospital of Saint Michael
The Quakers and Walnut Street Jail
The Child Savers and Houses of Refuge
Ex Parte Crouse
Reform Schools and People ex rel. O'Connell v. Turner
Community-Based Private Agencies
Truancy Statutes
Juveniles as Chattel Children's Tribunals
Informal Welfare Agencies and Emerging Juvenile Courts
The Lack of Juvenile Court Uniformity
From Gemeinschaft to Gesellschaft and Reconceptualizing Juveniles
Specialized Juvenile Courts
Kangaroo Courts in Action
The Increasing Bureaucratization and Criminalization of Juvenile Justice
Parens Patriae	23	(4)
Modern Interpretations of Parens Patriae	27	(8)
The Get-Tough Movement
Summary
Questions for Review
Internet Connections
Measuring Delinquency: Types of Offenders and Trends	35	(56)
Chapter Objectives	36	(2)
Introduction	38	(2)
Who Are Juvenile Offenders?	40	(2)
Juvenile Offenders Defined
The Age Jurisdiction of Juvenile Courts
Juvenile Delinquents and Delinquency	42	(1)
Juvenile Delinquents
Juvenile Delinquency
Status Offenders	43	(12)
Runaways
Truants and Curfew Violators
Juvenile and Criminal Court Interest in Status Offenders
The Deinstitutionalization of Status Offenses	55	(7)
The Juvenile Justice and Delinquency Prevention Act of 1974
Changes and Modifications in the JJDPA
Deinstitutionalization of Status Offenses Defined Potential Outcomes of DSO
The Uniform Crime Reports and National Crime Victimization Survey	62	(4)
Uniform Crime Reports
National Crime Victimization Survey
Strengths of These Measures
Weaknesses of These Measures
Other Sources	66	(5)
Self-Report Information
Violence and Nonviolence: Career Escalation?	71	(13)
School Violence
At-Risk Youths and the Pittsburgh Youth Study
Gang Violence
Kids Who Kill
Juvenile Violence Trends
Career Escalation
Female versus Male Delinquency: Cataloging the Differences	84	(7)
Profiling Female Juveniles
Trends in Female Juvenile Offending
Myths and Misconceptions: Changing Views of Juvenile Females
Summary
Questions for Review
Internet Connections
Theories of Delinquency	91	(51)
Chapter Objectives	92	(2)
Introduction	94	(2)
Classical and Biological Theories	96	(8)
Classical Theory
Biological Theories
Psychological Theories	104	(3)
Psychoanalytic Theory
Social Learning Theory
Sociological Theories	107	(14)
The Concentric Zone Hypothesis and Delinquency
The Subculture Theory of Delinquency
The Anomie Theory of Delinquency
Labeling Theory
Bonding Theory
Agnew's General Strain Theory
Extraneous Factors	121	(2)
An Evaluation of Explanations of Delinquent Conduct	123	(3)
Models for Dealing with Juvenile Offenders	126	(6)
The Rehabilitation Model
The Treatment or Medical Model
The Noninterventionist Model
The Due Process Model
The Just-Deserts/Justice Model
The Crime Control Model
Delinquency Prevention Programs and Community Interventions	132	(10)
Summary
Questions for Review
Internet Connections
An Overview of the Juvenile Justice System	142	(45)
Chapter Objectives	143	(2)
Introduction	145	(2)
The Criminal Justice System	147	(10)
Legislatures
Law Enforcement
Prosecution and the Courts
Corrections
Some Important Distinctions between Juvenile and Criminal Courts	157	(5)
An Overview of the Juvenile Justice System	162	(14)
The Ambiguity of Adolescence and Adulthood
Being Taken Into Custody and Being Arrested
Juveniles in Jails
Referrals
Intake
Alternative Prosecutorial Actions
Adjudicatory Proceedings	176	(1)
Juvenile Dispositions	177	(3)
Nominal Dispositions
Conditional Dispositions
Custodial Dispositions
Juvenile Corrections	180	(7)
Juvenile Parole
Summary
Questions for Review
Internet Connections
The Legal Rights of Juveniles	187	(52)
Chapter Objectives	188	(1)
Introduction	189	(2)
Original Juvenile Court Jurisdiction: Parens Patriae	191	(4)
The ``Hands-Off'' Doctrine
Landmark Cases in Juvenile Justice	195	(10)
Kent v. United States (1966)
In re Gault (1967)
In re Winship (1970)
McKeiver v. Pennsylvania (1971)
Breed v. Jones (1975)
Schall v. Martin (1984)
Implications of More Constitutional Rights for Juveniles	205	(9)
The Juvenile's Right to Waive Rights
The Continued Leniency of Juvenile Court Adjudications and Dispositions
An Update on Jury Trials for Juvenile Delinquents
The Death Penalty for Juveniles	214	(9)
Reasons for Supporting the Death Penalty
Reasons for Opposing the Death Penalty
U.S. Supreme Court Death Penalty Cases	223	(8)
Eddings v. Oklahoma (1982)
Thompson v. Oklahoma (1988)
Stanford v. Kentucky (1989)
Wilkins v. Missouri (1989)
Roper v. Simmons (2005)
Public Sentiment About the Death Penalty for Juveniles	231	(1)
Unification of Criminal and Juvenile Courts	232	(7)
Implications of Court Unification for Juveniles
Getting Tough and Court Unification
Politicizing Juvenile Punishments
Summary
Questions for Review
Internet Connections
Juveniles and the Police	239	(37)
Chapter Objectives	240	(1)
Introduction	241	(2)
Police Discretion: Use and Abuse	243	(17)
The Diffuseness of Police Officer Roles
Juvenile Gang Units in Police Departments
Proactive Restorative Policing
Youth Gangs, Minority Status, and Gender
Myths and Truths About Gangs
Female Gangs
Juvenile Response to Police Officer Contacts
Arrests of Juveniles	260	(8)
Juvenile--Adult Distinctions
The Ambiguity of Juvenile Arrests
Booking, Fingerprinting, and Photographing Juvenile Suspects
Interrogations of Juvenile Suspects
Expungement and Sealing Policies
Status Offenders and Juvenile Delinquents	268	(1)
Divestiture and Its Implications: Net-Widening	269	(2)
Relabeling Status Offenses as Delinquent Offenses
Protecting Status Offenders from Themselves
Parens Patriae versus Due Process
Gender Stereotyping and DSO
Race and Ethnicity
Redefining Delinquency	271	(5)
Summary
Questions for Review
Internet Connections
Intake and Preadjudicatory Processing	276	(32)
Chapter Objectives	277	(2)
Introduction	279	(1)
What Is Intake?	280	(8)
The Discretionary Powers of Intake Officers
Florida Assessment Centers
The Increasing Formalization of Intake
The Need for Greater Accountability
Intake Proceedings: Where Do We Go from Here?	288	(3)
Intake Compared with Plea Bargaining
Parens Patriae Perpetuated
Legal Factors: Crime Seriousness, Type of Crime Committed, Evidence, and Prior Record	291	(3)
Offense Seriousness
Type of Crime Committed
Inculpatory or Exculpatory Evidence
Prior Record
Extralegal Factors: Age, Gender, Race/Ethnicity, and Socioeconomic Status of Juvenile Offenders	294	(4)
Age
Gender
Race and Ethnicity
Socioeconomic Status
Preliminary Decision Making: Diversion and Other Options	298	(5)
Diverting Certain Juveniles from the System
How Should We Deal with Chronic Violent Offenders?
The Inadequacy of Treatment and Community Services Getting Tough with Persistent Offenders
Is There Too Much Juvenile Incarceration?
Assessment of Guardianship	303	(5)
Summary
Questions for Review
Internet Connections
Prosecutorial Decision Making in Juvenile Justice	308	(30)
Chapter Objectives	309	(1)
Introduction	310	(1)
The Changing Prosecutorial Role in Juvenile Matters	311	(14)
Modifying Prosecutorial Roles by Changing the Standard of Proof in Juvenile Proceedings
Eliminating the Confidentiality of Juvenile Court Proceedings and Record-Keeping
Open Juvenile Court Proceedings and Changing Judicial Conduct
The Prosecution Decision Beyond 2000
Time Standards in Juvenile Court for Prosecutors and Other Actors
Why Should the Juvenile Justice Process Be Accelerated?
Public Defenders for Juveniles	325	(2)
The Speedy Trial Rights of Juveniles	327	(2)
The Advocacy Role of Defense Attorneys	329	(9)
Attorneys for Juveniles as a Matter of Right
Defense Counsel and Ensuring Due-Process Rights for Juveniles
Are Attorneys Being Used More Frequently By Juvenile Defendants?
Do Defense Counsel for Juveniles Make a Difference in Their Case Dispositions?
Defense Counsel as Guardians Ad Litem
Juvenile Offender Plea Bargaining and the Role of Defense Counsel
Parental Intrusion in Juvenile Courts Is Often More Damaging Than Attorney Involvement
Summary
Questions for Review
Internet Connections
Classification and Preliminary Treatment: Waivers and Other Alternatives	338	(54)
Chapter Objectives	339	(2)
Introduction	341	(2)
Seriousness of the Offense and Waiver Decision Making	343	(18)
Seriousness of the Offense
Separating Status Offenders from Delinquent Offenders
Juvenile Court Adjudications for Status Offenders
The Use of Contempt Power to Incarcerate Nondelinquent Youths
Delinquent Offenders and Juvenile Court Dispositions
Transfers, Waivers, and Certifications
Waiver Decision Making
Types of Waivers	361	(11)
Judicial Waivers
Direct File
Statutory Exclusion
Demand Waivers
Other Types of Waivers
Waiver and Reverse Waiver Hearings	372	(3)
Waiver Hearings
Reverse Waiver Hearings
Time Standards Governing Waiver Decisions
Implications of Waiver Hearings for Juveniles	375	(3)
Positive Benefits Resulting from Juvenile Court Adjudications
Unfavorable Implications of Juvenile Court Adjudications
Defense and Prosecutorial Considerations Relating to Waivers	378	(4)
Juvenile Trial Options: Interstate Variations
Implications of Criminal Court Processing
Jury Trials as a Matter of Right for Serious Offenses
The Potential for Capital Punishment
Blended Sentencing Statutes	382	(10)
The Juvenile-Exclusive Blend
The Juvenile-Inclusive Blend
The Juvenile--Contiguous Blend
The Criminal-Exclusive Blend
The Criminal-Inclusive Blend Jury Trials as a Matter of Right in All Juvenile Court Blended Sentencing Proceedings
Summary
Questions for Review
Internet Connections
The Adjudicatory Process: Dispositional Alternatives	392	(52)
Chapter Objectives	393	(1)
Introduction	394	(2)
The Nature of the Offense	396	(3)
First-Offender or Repeat Offender?	399	(6)
Is the First-Offender/Repeat Offender Distinction Relevant? Race, Ethnicity, and Socioeconomic Status Revisited
Aggravating and Mitigating Circumstances	405	(3)
Aggravating Circumstances
Mitigating Circumstances
Juvenile Risk Assessments and Predictions of Dangerousness	408	(21)
Dangerousness and Risk
Needs Assessment and Its Measurement
Selective Incapacitation
Common Elements of Risk Assessment Instruments
The Functions of Classification
Risk Prediction from Arizona and Florida
Needs Assessments
Predisposition Reports	429	(15)
The Predisposition Report and Its Preparation
Victim-Impact Statements in Predisposition Reports
Summary
Questions for Review
Internet Connections
Nominal Sanctions: Warnings, Diversion, and Alternative Dispute Resolution	444	(51)
Chapter Objectives	445	(1)
Introduction	446	(2)
Nominal Dispositions Defined	448	(2)
Diversion	450	(5)
Functions and Dysfunctions of Diversion
Diversion Programs for Juveniles	455	(5)
Youth Service Bureaus
Youth Services/Diversion and Community Service Programs, Inc.
The Diversion Plus Program
See Our Side (SOS) Program
The Community Board Program
Implications of Diversion Programs for Juveniles	460	(1)
Teen Courts	461	(19)
The Use of Teen Courts
The Anchorage Youth Court
Teen Court Variations
The Successfulness of Teen Courts
Day Reporting Centers	480	(9)
Goals and Functions of Day Reporting Centers
Some Examples of Day Reporting Centers
Alternative Dispute Resolution	489	(6)
Summary
Questions for Review
Internet Connections
Juvenile Probation and Community-Based Corrections	495	(60)
Chapter Objectives	496	(2)
Introduction	498	(2)
Standard Probation for Juveniles	500	(6)
Standard Probation Defined
The Youth-to-Victim Restitution Project
Juvenile Probation Camps
The Intensive Aftercare Program
The Sexual Offender Treatment Program
The Successfulness of Standard Juvenile Probation	506	(4)
Probation and Recidivism
Intermediate Punishments for Juvenile Offenders	510	(3)
Intermediate Punishments Defined
The Goals of Intermediate Punishment Programs
Classification Criteria for Placement in ISP Programs
Juvenile Intensive Supervised Probation	513	(10)
Characteristics of JISP Programs
The Ohio Experience
Strengths and Weaknesses of JISP Programs	523	(4)
Terminating One's Probation Program
Case Supervision Planning	527	(3)
Caseload Assignments
Models of Case Supervision Planning
The Balanced Approach
Community-Based Alternatives	530	(8)
Community Corrections Acts
Electronic Monitoring	538	(4)
Electronic Monitoring Defined
How Much Electronic Monitoring Is There in the United States?
Types of Signalling Devices
Types of Offenders on Electronic Monitoring
The SpeakerID Program
Some Criticisms of Electronic Monitoring
Home Confinement or House Arrest	542	(2)
Functions and Goals of Home Confinement Programs
Advantages and Disadvantages of Home Confinement
Other ISP Program Conditions	544	(11)
Restitution, Fines, Victim Compensation, and Victim-Offender Mediation Community Service
Summary
Questions for Review
Internet Connections
Juvenile Corrections: Custodial Sanctions and Parole	555	(68)
Chapter Objectives	556	(2)
Introduction	558	(2)
Goals of Juvenile Corrections	560	(3)
Deterrence
Rehabilitation and Reintegration
Prevention
Punishment and Retribution
Isolation and Control
Current Juvenile Custodial Alternatives	563	(6)
Nonsecure Confinement	569	(8)
Foster Homes
Group Homes and Halfway Houses
Camps, Ranches, Experience Programs, and Wilderness Projects
Secure Confinement: Variations	577	(11)
Shock Probation
Boot Camps
Industrial Schools and Other Juvenile Institutions
Persistent Problems of Nonsecure and Secure Confinement	588	(8)
Architectural Improvements and Officer Training Reforms
Juvenile Detention Resource Centers
Short- and Long-Term Facilities
Some Criticisms of Incarcerating Juveniles
Disproportionate Minority Confinement
Example of Residential Failure
Example of Program Success
Juvenile Parole	596	(5)
Juvenile Parole Defined
Purposes of Parole for Juveniles
How Many Juveniles Are On Parole?
Characteristics of Juvenile Parolees
Juvenile Parole Policy
Deciding Who Should Be Paroled
Recidivism and Parole Revocation	601	(5)
Mempa v. Rhay (1967)
Morrissey v. Brewer (1972)
Gagnon v. Scarpelli (1973)
Examples of Probation and Parole Revocation for Juveniles	606	(7)
Juvenile Probation and Parole Revocation Cases
Selected Issues in Juvenile Corrections	613	(10)
The Privatization of Juvenile Corrections
The Classification of Juvenile Offenders
Juveniles Held in Adult Jails or Lock-Ups
Summary
Questions for Review
Internet Connections
Glossary	623	(24)
Bibliography	647	(20)
Case Index	667	(2)
Name Index	669	(6)
Subject Index	675