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Pearson Criminal Justice
Chapter 2 Recent History of Juvenile Laws and Procedures
36
Criminal Justice
03/07/2011

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Term
Progressive Era Reform
Definition
Continued Medical Model-1st qtr. 20th Cent.
1. Biological Transitions between childhood and adolescence seen as needing a lot of guidance.
2. Parens Patriea still the model - Lower class youths considered prime target for reform by public means.
3. Public Policy - Youth must be adjudicated separate from adults and Fed. Govmt. must become more involved through legislation.
Term
New Deal Era 1938 Juvenile Court Act 1938
Definition
Federal Govmt. passed Juvenile Court Act in 1938 adopting many features of the original Illinois Act.
-Within 10 years every state had enacted special laws for handling juveniles.
Term
5 identifiable principles: (court movement based on)
Definition
1. Belief that state is the "higher or ultimate parent" of all children within its borders.
2. Belief that children are worth saving and the worth of non-punitive procedures designed to save the child.
3. Belief that children should be nurtured. They should be protected from stigmatizing of adjudicatory procedures.(Juveniles w/o scars can start over.)
4. Belief that justice to accomplish the goal of reformation needs to be individualized.
5. Belief that non-criminal procedures give primary consideration to the needs of the child. Denial of due process could be justified in the face of the constitution because the act was not to punish but protect.
Term
1935 - Social Security Act
Definition
Provide funds for poverty stricken youth.
Term
1940's
Definition
Assume that improving society rather than individual conditions might decrease juvenile crime.
Term
1899 Illinois Juvenile Court Act; Key provisions of the act
Definition
1. Distinguish between neglected and delinquent juveniles.
2. Special Legal and social procedures were developed to govern the adjudication and disposition of juvenile matters.
3. Children were to be separated from adults in courts and institutional programs.
4. Established a system of probation to assist the courts.
Term
1960's Due process reforms instituted
Definition
Juve delinquency increased significantly.
1. Cost's more than 20 million annually.
2. Emphasized that delinquency was spreading from lower to middle class youth.
3. More single parent families.(Prior was mostly 2 parent families.)
4. Marked increase in births to unmarried women.
5. Lyndon Johnson started war on povery.
6. Civil Rights movement.
Term
Four D's of Juvenile Justice
1. Deinstitutionalization
Definition
Provided for more community based programs started in Mass. in the early 70's.
-Move away from training schools.
-Dr. Jerome Miller
-Deinstitutionalization failed as a nationwide effort.
Term
Four D's of Juvenile Justice:
2. Diversion
Definition
Youth diversion into community programs increased, including:
1. remedial education - Juveniles struggling in school more readily became delinquent.
2. Drug abuse programs
3. Foster homes.
4. Outpatient health care and counseling facilities.
5. Diversion programs were the element that would reduce state control and over reliance on correctional facilities.
Term
Four D's of Juvenile Justice:
3. Decriminalization
Definition
De-criminalization
1. Legislation that made status offenses such as truancy, violating curfew, running away, and disobedience non-criminal acts.
2. California was the first state to do this in 1961.
3. CHINS: child in need of supervision, and PINS: person in need of supervision and FINS: families in need of supervision.
Term
Four D's of juvenile justice
4. Due Process
Definition
Kent v. US: Juvenile should have due process when being transferred to adult court.
Gault: Minor has due process rights to notice of charges, counsel, confrontation and cross-examination, privilege against self-incrimination, right to transcript of trial record, and right to Appellate review.
Term
1968 Uniform Juvenile Court Act
Definition
Provided for the care, protection and development of youths without the stigma of a criminal label with programs of treatment, training and rehabilitation in a family environment when possible.
1. Provided simple judicial and interstate procedures.
Term
1968 Uniform Juvenile Court Act definitions
Definition
1. Child is an individual who is under the age of 18-21 years who committed an act of delinquency.
2. Delinquent act is a designated crime under the law. Includes local ordinances, but does not include traffic offenses.
3. Delinquent child is a child who has committed a delinquent act and is in need of treatment or rehabilitation.
4. A deprived child is one who is without proper parental care or control for his physical, mental or emotional health or morals, and the deprivation is not due primarily to the lack of financial means of his parents, guardian, or other custodian.
5. A custodian is a person other than a parent or legal guardian who stands in "loco parentis" of the child to whom legal custody of the child has been given by order of the court. (Schools take the place of parents in certain roles.)
Term
1970 OJJDP - Office of Juvenile Justice Delinquency Prevention created
Definition
1.Made funds available to states that removed status offenders from institutions.
2. Gave states the opportunity to participate in grant programs for institutionalization.
3. Required monitoring of all states with state juvenile detention and correctional facilities to determine their suitability for status offenses.
Term
Juvenile Justice and Delinquency Prevention Act
Definition
New Mexico did not participate.
- Deinstitutionalization of status offenders.
-Separation/removal of juveniles from adult facilities.
-Separation could include sight and sound separation within the same facility.
Term
1980's Justice Model
Definition
1. Deterrence- punishment with the purpose of preventing future lawbreaking.
2. Just Deserts - justified revenge (the juve gets what is coming.)Juvenile understands the wrong of the act and the juvenile should be held accountable.
Term
1990's
Definition
Juvenile Court System reduced discretion and state legislatures enacted law for certain serious crimes that increased waivers to adult court.
And
New Mexico shifted amenability hearings from preadjudication to the dis positional phase.
Term
New Widening
Definition
Diversion does not necessarily mean less state social control over juveniles.
AND
Many youngsters who earlier would have been simply released were instead referred to the new diversionary programs.
Term
What do you consider as the major milestones in Juvenile Justice?
Definition
Adults can not "mentor" juveniles.
Term
What are Advantages of institutionalization?
Definition
1. Juve's can get treatment.
2. Takes criminals off the street.
3. Safer for some kids in the institution.
4. Consolidates therefor does more for kids.
5. Private economics of scale.
Term
Philadelphia Society for Alleviating the miseries of Public Prisons
Definition
Philanthropic society established by the Quakers in Penn. 1787, attempted to establish prison reforms to improve living conditions of inmates, brought food, clothing and religious instruction to inmates.
Term
Society for the Prevention of Cruelty to Children
Definition
-Concern that neglected and abused boys would become criminal and mistreated young.
-Girls would become sexually active and promiscuous.
-Focus was on protection of children from cruelty and neglect at home and school.
Term
Reform schools
Definition
Different types of vocational institutions designed to both punish and rehabilitate youthful offenders; operated much like prisons as total institutions.
Term
1889 Jane Adams
Definition
Established Hull house in Chicago to assist wayward and homeless youths.
Term
Gemeinschaft
Definition
Term created by Ferdinand Tonnies to describe small traditional communities where informal punishments were used to punish those who violated community laws.
Term
Gesellschaft
Definition
Term created by Tonnies to describe more formalized larger communities and cities that relied on written documents and laws to regulate social conduct.
Term
UCR
Definition
Uniform Crime Reports; official source of crime statistics developed by the FBI
Term
NCVS
Definition
National Crime Victimization Survey; published in cooperation with the US Bureau of the Census. Is a random survey of 60,000 households and 50,000 businesses and measures crime committed against specific victims interview and not necessarily reported to law enforcement officers.
Term
Hidden delinquency
Definition
Infractions reported by surveys of high school youths; considered hidden because it most often is undetected by police officers; disclosed delinquency through self report survey's.
Term
At risk youths
Definition
Any juveniles considered more susceptible to the influence of gangs and delinquent peers characterized as having less developed reading skills, greater immaturity, lower socioeconomic status, parental dysfunction and who are otherwise disadvantaged by their socioeconomic and environmental circumstances.
Term
Female vs Male Delinquency
Definition
2007 30% of all juve arrests were female, however only 15% were remanded to incarceration.
1. Females = less serious crimes including runaway, curfew violations, unruly behavior, larceny-theft and drug abuse.
2. Risk factors for female offending:
-Alcohol and or drug use
-various antisocial behaviors
-African-American background
-depressions, history of depression
-history of parental violence
-lower socioeconomic status
-coming from a single parent home
-inability to engage in problem solving
-poor interpersonal relations with others

Term
1825 New York House of Refuge
Definition
1. Housed status offenders.
2. Aim was to protect youth by taking potential criminals off the street.
3. In reality was run like a prison.
Term
Child Saving Movement
Definition
Wealthy civic-minded citizens attempted to alleviate the burdens of the unfortunate urban classes and the immigrants through sponsoring shelter care for youths, educations and social activities and the development of settlement house.
Term
Illinois Juvenile Court Act of 1899; Motivating principles
Definition
1. Children because of their minority status should not be held accountable as adult transgressors.
2. Objective was to help youngster to treat and rehabilitate rather than punish.
3. Disposition should be predicated on the analysis of the youth's special circumstances and needs.
4. System should avoid the punitive, adversary and formalized trappings of the adult criminal process.
Term
Early Juvenile courts
Definition
-Personalized justice
-Paternalistic
-quasi-therapeutic
-quasi-legal
1. Denied right of appeal
2. Attorneys not required to be present.
3. Hearsay evidence was admissible.
4. Preponderance of evidence was required. (Instead of beyond reasonable doubt.)
Term
Juvenile Justice reform cases
Definition
Kent v US - juve's must get due process to a fair hearing.
Gault due process of notice of hearing, right to counsel and right to confront and cross examine
Winship: due process provide proof beyond a reasonable doubt
McKeiver v Penn. due process DOES NOT require trial by jury
Breed v Jones; due process includes no double jeopardy