| |
| |
| Preface | |
| |
| |
| |
| An Introduction to Juvenile Justice in the United States | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| The Juvenile Justice System | |
| |
| |
| A Process or System? | |
| |
| |
| The History of Juvenile Courts | |
| |
| |
| 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 | |
| |
| |
| Modern Interpretations of Parens Patriae | |
| |
| |
| The Get-Tough Movement | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Measuring Delinquency: Types of Offenders and Trends | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Who Are Juvenile Offenders? | |
| |
| |
| Juvenile Offenders Defined | |
| |
| |
| The Age Jurisdiction of Juvenile Courts | |
| |
| |
| Juvenile Delinquents and Delinquency | |
| |
| |
| Juvenile Delinquents | |
| |
| |
| Juvenile Delinquency | |
| |
| |
| Status Offenders | |
| |
| |
| Runaways | |
| |
| |
| Truants and Curfew Violators | |
| |
| |
| Juvenile and Criminal Court Interest in Status Offenders | |
| |
| |
| The Deinstitutionalization of Status Offenses | |
| |
| |
| 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 | |
| |
| |
| Uniform Crime Reports | |
| |
| |
| National Crime Victimization Survey | |
| |
| |
| Strengths of These Measures | |
| |
| |
| Weaknesses of These Measures | |
| |
| |
| Other Sources | |
| |
| |
| Self-Report Information | |
| |
| |
| Violence and Nonviolence: Career Escalation? | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Classical and Biological Theories | |
| |
| |
| Classical Theory | |
| |
| |
| Biological Theories | |
| |
| |
| Psychological Theories | |
| |
| |
| Psychoanalytic Theory | |
| |
| |
| Social Learning Theory | |
| |
| |
| Sociological Theories | |
| |
| |
| 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 | |
| |
| |
| An Evaluation of Explanations of Delinquent Conduct | |
| |
| |
| Models for Dealing with Juvenile Offenders | |
| |
| |
| 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 | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| An Overview of the Juvenile Justice System | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| The Criminal Justice System | |
| |
| |
| Legislatures | |
| |
| |
| Law Enforcement | |
| |
| |
| Prosecution and the Courts | |
| |
| |
| Corrections | |
| |
| |
| Some Important Distinctions between Juvenile and Criminal Courts | |
| |
| |
| An Overview of the Juvenile Justice System | |
| |
| |
| The Ambiguity of Adolescence and Adulthood | |
| |
| |
| Being Taken Into Custody and Being Arrested | |
| |
| |
| Juveniles in Jails | |
| |
| |
| Referrals | |
| |
| |
| Intake | |
| |
| |
| Alternative Prosecutorial Actions | |
| |
| |
| Adjudicatory Proceedings | |
| |
| |
| Juvenile Dispositions | |
| |
| |
| Nominal Dispositions | |
| |
| |
| Conditional Dispositions | |
| |
| |
| Custodial Dispositions | |
| |
| |
| Juvenile Corrections | |
| |
| |
| Juvenile Parole | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| The Legal Rights of Juveniles | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Original Juvenile Court Jurisdiction: Parens Patriae | |
| |
| |
| The "Hands-Off" Doctrine | |
| |
| |
| Landmark Cases in Juvenile Justice | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Reasons for Supporting the Death Penalty | |
| |
| |
| Reasons for Opposing the Death Penalty | |
| |
| |
| U.S. Supreme Court Death Penalty Cases | |
| |
| |
| 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 | |
| |
| |
| Unification of Criminal and Juvenile Courts | |
| |
| |
| Implications of Court Unification for Juveniles | |
| |
| |
| Getting Tough and Court Unification | |
| |
| |
| Politicizing Juvenile Punishments | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Juveniles and the Police | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Police Discretion: Use and Abuse | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Divestiture and Its Implications: Net-Widening | |
| |
| |
| 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 | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Intake and Preadjudicatory Processing | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| What Is Intake? | |
| |
| |
| 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? | |
| |
| |
| Intake Compared with Plea Bargaining | |
| |
| |
| Parens Patriae Perpetuated | |
| |
| |
| Legal Factors: Crime Seriousness, Type of Crime Committed, Evidence, and Prior Record | |
| |
| |
| Offense Seriousness | |
| |
| |
| Type of Crime Committed | |
| |
| |
| Inculpatory or Exculpatory Evidence | |
| |
| |
| Prior Record | |
| |
| |
| Extralegal Factors: Age, Gender, Race/Ethnicity, and Socioeconomic Status of Juvenile Offenders | |
| |
| |
| Age | |
| |
| |
| Gender | |
| |
| |
| Race and Ethnicity | |
| |
| |
| Socioeconomic Status | |
| |
| |
| Preliminary Decision Making: Diversion and Other Options | |
| |
| |
| 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 | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Prosecutorial Decision Making in Juvenile Justice | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| The Changing Prosecutorial Role in Juvenile Matters | |
| |
| |
| 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 | |
| |
| |
| The Speedy Trial Rights of Juveniles | |
| |
| |
| The Advocacy Role of Defense Attorneys | |
| |
| |
| 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 | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Seriousness of the Offense and Waiver Decision Making | |
| |
| |
| 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 | |
| |
| |
| Judicial Waivers | |
| |
| |
| Direct File | |
| |
| |
| Statutory Exclusion | |
| |
| |
| Demand Waivers | |
| |
| |
| Other Types of Waivers | |
| |
| |
| Waiver and Reverse Waiver Hearings | |
| |
| |
| Waiver Hearings | |
| |
| |
| Reverse Waiver Hearings | |
| |
| |
| Time Standards Governing Waiver Decisions | |
| |
| |
| Implications of Waiver Hearings for Juveniles | |
| |
| |
| Positive Benefits Resulting from Juvenile Court Adjudications | |
| |
| |
| Unfavorable Implications of Juvenile Court Adjudications | |
| |
| |
| Defense and Prosecutorial Considerations Relating to Waivers | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| The Nature of the Offense | |
| |
| |
| First-Offender or Repeat Offender? | |
| |
| |
| Is the First-Offender/Repeat Offender Distinction Relevant? Race, Ethnicity, and Socioeconomic Status Revisited | |
| |
| |
| Aggravating and Mitigating Circumstances | |
| |
| |
| Aggravating Circumstances | |
| |
| |
| Mitigating Circumstances | |
| |
| |
| Juvenile Risk Assessments and Predictions of Dangerousness | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Nominal Dispositions Defined | |
| |
| |
| Diversion | |
| |
| |
| Functions and Dysfunctions of Diversion | |
| |
| |
| Diversion Programs for Juveniles | |
| |
| |
| 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 | |
| |
| |
| Teen Courts | |
| |
| |
| The Use of Teen Courts | |
| |
| |
| The Anchorage Youth Court | |
| |
| |
| Teen Court Variations | |
| |
| |
| The Successfulness of Teen Courts | |
| |
| |
| Day Reporting Centers | |
| |
| |
| Goals and Functions of Day Reporting Centers | |
| |
| |
| Some Examples of Day Reporting Centers | |
| |
| |
| Alternative Dispute Resolution | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Juvenile Probation and Community-Based Corrections | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Standard Probation for Juveniles | |
| |
| |
| 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 | |
| |
| |
| Probation and Recidivism | |
| |
| |
| Intermediate Punishments for Juvenile Offenders | |
| |
| |
| Intermediate Punishments Defined | |
| |
| |
| The Goals of Intermediate Punishment Programs | |
| |
| |
| Classification Criteria for Placement in ISP Programs | |
| |
| |
| Juvenile Intensive Supervised Probation | |
| |
| |
| Characteristics of JISP Programs | |
| |
| |
| The Ohio Experience | |
| |
| |
| Strengths and Weaknesses of JISP Programs | |
| |
| |
| Terminating One's Probation Program | |
| |
| |
| Case Supervision Planning | |
| |
| |
| Caseload Assignments | |
| |
| |
| Models of Case Supervision Planning | |
| |
| |
| The Balanced Approach | |
| |
| |
| Community-Based Alternatives | |
| |
| |
| Community Corrections Acts | |
| |
| |
| Electronic Monitoring | |
| |
| |
| 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 | |
| |
| |
| Functions and Goals of Home Confinement Programs | |
| |
| |
| Advantages and Disadvantages of Home Confinement | |
| |
| |
| Other ISP Program Conditions | |
| |
| |
| Restitution, Fines, Victim Compensation, and Victim-Offender Mediation Community Service | |
| |
| |
| Summary | |
| |
| |
| Questions for Review | |
| |
| |
| Internet Connections | |
| |
| |
| |
| Juvenile Corrections: Custodial Sanctions and Parole | |
| |
| |
| Chapter Objectives | |
| |
| |
| Introduction | |
| |
| |
| Goals of Juvenile Corrections | |
| |
| |
| Deterrence | |
| |
| |
| Rehabilitation and Reintegration | |
| |
| |
| Prevention | |
| |
| |
| Punishment and Retribution | |
| |
| |
| Isolation and Control | |
| |
| |
| Current Juvenile Custodial Alternatives | |
| |
| |
| Nonsecure Confinement | |
| |
| |
| Foster Homes | |
| |
| |
| Group Homes and Halfway Houses | |
| |
| |
| Camps, Ranches, Experience Programs, and Wilderness Projects | |
| |
| |
| Secure Confinement: Variations | |
| |
| |
| Shock Probation | |
| |
| |
| Boot Camps | |
| |
| |
| Industrial Schools and Other Juvenile Institutions | |
| |
| |
| Persistent Problems of Nonsecure and Secure Confinement | |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| Mempa v. Rhay (1967) | |
| |
| |
| Morrissey v. Brewer (1972) | |
| |
| |
| Gagnon v. Scarpelli (1973) | |
| |
| |
| Examples of Probation and Parole Revocation for Juveniles | |
| |
| |
| Juvenile Probation and Parole Revocation Cases | |
| |
| |
| Selected Issues in Juvenile Corrections | |
| |
| |
| 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 | |
| |
| |
| Bibliography | |
| |
| |
| Case Index | |
| |
| |
| Name Index | |
| |
| |
| Subject Index | |