Flashcards in 10 Juveniles Deck (59):
Where did the juvenile justice system come from?
15th Century in England. A king decided that anyone who was incapable of taking care of themselves would be protected by the government.
What is Parens Patriae?
The power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child who is in need of protection.
When/ where was the first juvenile court?
In 1899, who was known as a "delinquent?"
Any child under 16 who violated a law.
Which cases were the reason that juveniles are treated more like adults than they had been previously (in the 1960's)?
- Kent v. U.S. (1966)
- In Re
What happened in the case Kent v. U.S.? (1966)
- Gave juveniles due process rights
- Gained notice of charges, right to counsel, proof beyond
- The reasoning was that confinement in juvenile detention
is similar enough to adult prisons to justify their rights.
- 14 year old engaged in robbery, 2 years later found his
finger prints in a rape scene.
When happened in the case In re Gault (1967)?
- Supreme court decided that juveniles have rights too
- Notice of charges, right to an attorney, right to confront
and cross-examine witnesses against them, privilege
- 15 year old Gerald Gault admitted without an attorney
for making obscene prank phone calls. Got 6 years.
Maximum sentence for an adult would have been 2
What are the 9 criteria that came from the Kent v. U.S. Case?
1. Severity of offense *
2. Offense was aggressive or willful
3. Offense was against person or property
4. Prosecutive merit
5. Adult offenders were involved in the crime
6. Sophistication and maturity of offender *
8. Protection of the public *
9. Reasonable rehabilitation in juvenile court
* = most important
What does the federal law define a minor as?
Anyone younger than 18
Why is under 18 considered a minor?
The young are generally not considered to be mentally aware enough to be culpable for any offences committed at their developmental level.
What are the minimum and maximum limits for who may be petitioned to appear before a juvenile court? (Be waived up to adult court)
Depends on the state. Usually the maximum limit is 18.
Usually the minimum is 12.
What has research found about people 15 and younger in court proceedings?
- Significantly impaired in ways that compromised their
abilities to function as competent defendants.
What is associated with deficits in functional legal capacities?
- Young age (<15)
- Below-average intelligence
If you are gonna raise a juvenile up to an adult court, what are the reasons?
1) Charged with homicide
2) Charged with other specific violent felony
3) History of juvenile offending suggesting a failure to
respond to interventions provided by the juvenile
What are the three ways juveniles can be transferred to criminal court?
1) Statuatory exclusion
2) Judicial discretion
3) Prosecutorial discretion
What is statutory exclusion?
State legislature can determine that certain offences must be filed directly in adult court.
What is judicial discretion?
Court can decide whether the youth should be transferred.
What is prosecutorial discretion?
Prosecutors can decide whether cases are to be filed initially in juvenile or adult court.
What is reverse transfer?
When a juvenile has been waived to adult court, but maybe because of mitigating circumstances, they can be waived back down to juvenile court.
Is putting juveniles in the adult system effective?
- No decline in juvenile crime after transfer laws came
- Housing juveniles with adults may promote criminal
attitudes and motivations.
- Higher rates of recidivism when youth are transferred.
- More likely to be physically/sexually assaulted than
youth in juvenile facilities.
Look up / Read book!!!
What is the minimum age transfer?
Varies by state and country.
Minimum - 10
New York - 13. ? Check.
What is the age of responsibility?
The age after which a person is capable of committing a crime.
What is the age of responsibility in Canada?
Who are children under 12 who committed crimes dealt by?
What is the juvenile delinquent act? (1908)
Juveniles who violated the law were not to be treated as criminal offenders but "misdirected" children needing encouragement, aid and assistance.
What was the Juvenile delinquent act replaced by in 1984? What was the difference?
The young offenders act. Moving from a discretionary welfare oriented law to a criminal law.
In 2003, the youth criminal justice act (YCJA) was enacted. What values did it include?
- Society has a responsibility to address the developmental
challenges and needs of youth.
- The youth justice system should consider the interests of
the victims and ensure accountability through meaningful
consequences and rehab and reintegration.
What are extrajudicial measures?
Measures outside the court process that provide responses to less serious youth crime.
What are extrajudicial measures meant to do?
- Increase the use of timely non-court responses
- Provide meaningful consequences
- Allow early intervention and provide opportunity to the
community to play a role in development.
- Increase the use of non-court responses enabling the
courts to focus on more serious cases.
What are things police officers can do because of extrajudicial measures?
- Take no further action
- Warnings by police
- Youth and parents may be requested to appear at a
police station to talk to a senior police officer.
What are crown cautions? (in extrajudicial measures)
Similar to police cautions, but prosecutors give them caution after the police refers the case.
What are referrals (in extrajudicial measures)?
Referrals of youth by police officers to community programs or agencies that may prevent future crime.
What are extrajudicial sanctions?
- Used when the youth admits responsibility for the offense.
- Attorney must have sufficient evidence to proceed with
- Ex: You have to be home by 5 everyday.
- If the youth fails to comply, the case may proceed through
the court process.
What is meant for the conduct disorder diagnosis to do?
Identify children with repetitive and persistent pattern of behaviour in which the basic rights of others or societal norms are violated causing clinically significant impairment in social, academic or occupational functioning.
What are V codes? (for conduct disorder)
This classification is for isolated antisocial acts, but not a pattern of antisocial behaviour.
Look at slide 7 / 26
On conduct disorder lecture. Too much to write.
False positives of diagnoses of conduct disorder are greatest when...?
When criteria are applied to youth from disadvantaged communities. Because these behaviours may be normal or adaptive to their environments
In the DSM 3, what percent of male college students were found to meet criteria for conduct disorder?
What is the RNR concept used in evaluating juveniles?
Risk - Likelihood of committing future offences
Needs - Deficits (substances abuse)
Responsivity - Likelihood of responding to help
What are criminological needs?
Ex: Stealing money to pay for electricity bill
A number os influences have been noted as related to the risk of juvenile offending, what are they?
Slide 13. Look up.
Why is evaluating youth on the dimensions of risk and needs valuable?
1) It structures the evaluation to require the psychologist to
consider the influences that theory and research indicate
are most strongly related to risk and needs.
2) Provides useful information for intervention planning.
3) It offers one approach to measuring progress and
What is probation?
Compliance is monitored by the police.
What is school-based probation?
Your attendance in school is monitored.
What are possible probation conditions?
- Drug use monitoring
- Substance abuse treatment
- Mental health treatment
- Skills-based training
What are the characteristics of successful programs in reducing the rates of violence, antisocial behaviour and risky health behaviour in adolescents?
- They are derived from sound theoretical rationales.
- They address strong risk factors (like substance abuse).
- They involve long-term treatments, often lasting a year
and sometimes much longer.
What are common characteristics of ineffective programs?
- Fail to address strong risk factors
- Limited in duration
- Implementation protocols are not clearly articulated
- Their staff are not well-supervised or held accountable
Which interventions are empirically supported, cost effective, risk reducing treatments?
Oregon Treatment Foster Care
Functional Family Therapy
What is multi systemic therapy?
- Focuses on multiple systems (family, school, peers, etc)
- Therapists are available 24/7
- 3-4 therapists work in a team
Multisystemic therapy is more effective than usual diversion services on two outcomes, which are?
- Improving self-reported and observed family relations
- Decreasing youth behaviour problems
What is Oregon Treatment Foster Care?
- Involves placing juveniles with specially trained foster parents rather than in residential placement.
- OFTC team includes a case manager, therapists, and foster parents who are available 24/7 over 6-12 months.
- Youth treated with OTFC were more likely to complete treatment, spent more time with biological relatives, and spend less time in detention over the next year.
What is Functional Family Therapy?
- Community based intervention, provided by a single therapist with weekly sessions over 3 months.
- Family-focused, often delivered at home.
- Associated with a significant reduction in recidivism when
compared with no treatment
- FFT is effective in reducing youth behavioural problems, but only when the therapists adhered to the treatment model.
What are many judges inclined to do with a youth?
Place them in a secure residential facility because the publicly perceived risk to society is lower, even though actual risk may not be.
What is a weakness of residential intervention?
Because of the location of the program, it is much more difficult to involve the families in a meaningful way.
When should juveniles be placed in the community vs. assigned to secure residential placements?
- Higher risk juveniles with a history of prior offences, may
need a more secure placement.
- A judge might decide that a serious offence merits a
What are the six areas that are important in the reentry planning process?
1) Family functioning
2) Housing (if not with family)
3) School or job
4) Mental health and/or substance abuse services
6) Social support
Intensive aftercare addresses the needs of chronic and serious juveniles offenders returning from residential placement, it uses?
1) Pre-release planning
2) A structured transition involving institutional and after
care staff prior to, and following, release.
3) Long-term re-integrative activities to facilitate service
delivery and social control.