CHAPTER 9 FINALS Flashcards
(26 cards)
Development of Juvenile Justice
The roots of the juvenile justice system are two thousand years old. These can be traced to classical Roman law. There are two roots. One is clearly punitive, and the other supportive and caring. The punitive root brought the imposition of adult criminal liability on children. In the Middle Ages, under the law of the church, the Roman law classification of children with respect to their criminal liability was taken over by the common law.
Philosophy of Juvenile Justice
The philosophy of the juvenile court as an agent of reform is the foundation of the
juvenile justice system. Serving as the crux of society’s response to delinquency, the court plays a crucial role in the lives of children. Juvenile courts mandate appropriate sanctions to ensure accountability and establish treatment plans to strengthen the offender’s sense of responsibility and protect the public.
Research has identified certain factors that may suggest future delinquency. For young children, these include abuse and neglect, domestic violence, educational under- achievement, and health problems.
JUVENILE PREVENTION
Intervention programs are focused on teenagers considered to be at higher risk for engaging in petty delinquent acts, such as using drugs or alcohol, or associating with anti-social peers.
EARLY INTERVENTION
Is to limit the most restrictive sanctions to the most dangerous offenders, while increasing restrictions and intensity of treatment services as offenders move from minor to serious offenses.
GRADUATED SANCTIONS
Many experts believe that juvenile incarceration is overused, particularly for non-violent offenders.
INSTITUTIONAL PROGRAMS
New venues of juvenile justice that provide special services to youth while helping to alleviate the case flow problem that plagues overcrowded juvenile courts are being implemented across the country.
ALTERNATIVE COURTS
Action is taken by police who observe juveniles committing delinquent offenses.
POLICE ACTION
Juveniles placed in detention centers, juvenile halls, jails, or government agencies are subsequently screened by an “intake officer.”
INTAKE
Access to juvenile court occurs through petition. The actual juvenile court proceeding is quasi- adversarial, with a juvenile court prosecutor bringing specific charges against the juvenile.
COURT JURISDICTION
It is determined whether the juvenile requires protection and whether the juvenile poses a threat to society. The chance of being further processed in judicial proceedings is also considered.
DETENTION HEARING
Resembles the intake hearing; however, at this stage, a judge administers the hearing. The options of the judge include dismissing the case, ordering a referral to a social welfare agency, or recommending a formal adjudication hearing.
ADJUDICATION AND DISPOSITION
Refers to providing programs for juveniles in a community based
setting rather than in an institution.
DEINSITUTIONALIZATION
The juvenile due process requirements, combined with the rising cost of courts and corrections facilities, have resulted in wider use of community-based alternatives to treat youth before and after adjudication.
DIVERSION
A juvenile’s rights are being addressed, the juvenile court becomes more like an adult court in several important ways.
DUE PROCESS
The referral of status offenses to juvenile court has been viewed by many as a waste of court resources. Court resources, they suggest, are best used only for serious recidivist delinquents.
DECRIMINALIZATION
The norms of the community are a factor in the decision. Some juvenile justice agencies work in communities that tolerate a fair amount of personal freedom.
ENVIRONMENTAL FACTORS
The policies and customs of law enforcement also influence decisions. Juvenile justice agencies may either be pressured to make more juvenile intake or to refrain from taking juveniles into custody under certain circumstances.
LAW ENFORCEMENT FACTORS
Are those attached to a particular crime, such as specific traits of offenders. Traditionally, it is believed that juvenile justice agencies rely heavily on the demeanor and appearance of the juvenile in making decisions.
SITUATIONAL FACTORS
Some experts believe that juvenile justice agencies’ decision-making is deeply influenced by the offender’s personal characteristics, whereas others maintain that crime-related variables are more significant.
BIAS DISCRETION FACTORS
Conflicting Values in Juvenile Justice
Over the past century, the juvenile court has struggled to provide treatment for juvenile
offenders while guaranteeing them constitutional due process. But the system has been so overwhelmed by the increase in violent juvenile crime and family breakdown that some judges and lawmakers have suggested abolishing the juvenile system.
Criminal Justice vs. Juvenile Justice
The components of the adult and juvenile processes are similar. However, the juvenile justice system has a separate organizational structure. In many communities, juvenile justice is administered by people who bring special skills to the task. Also, more facilities and services are available to juveniles than to adult offenders.
Juvenile Justice Today
Today, the juvenile justice system exercises jurisdiction over two distinct categories of offenders,, that is, delinquent and status offenders. Delinquent children are those who fall under a jurisdictional age limit, and who commit an act in violation of the penal code. Status offenders are commonly characterized in the statutes as persons or children in need of supervision.
Issues on Juvenile Justice
The juvenile justice system must gain strength in its judicial role and retain and develop only that part of its social service role that is necessary to eliminate individualized justice. As a system, even in the administration of individualized justice, it must express and reinforce the values of society. The juvenile justice system must be prepared to protect children and their parents against the custom of informality within the system.
