JUVENILE JUSTICE Theory and Practice JUVENILE JUSTICE Theory and Practice Cliff Roberson Boca Raton London New York CRC Press is an imprint of the Taylor & Francis Group, an informa business CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2010 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U. Government works Version Date: 20131106 International Standard Book Number-13: 978-1-4398-1377-5 (eBook - PDF) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained.
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Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.com and the CRC Press Web site at http://www.com Contents list of figures. xv acronyms used in the juvenile justice system.xxi 1 an overview of juvenile justice.1 juvenile justice defined.3 Types of Juvenile Delinquency Cases.4 juvenile court authority.7 An Overview of Juvenile Crime.7 Overview of Juvenile Arrests in 2008.8 serious violent crimes by juveniles.9 Time of Day.12 Runaways and Truants.13 Juveniles and Drugs. 14 juvenile justice organizations.15 Judicial Waiver Offenses.
17 v vi Contents questions in review.19 2 development of juvenile courts.24 Code of Hammurabi.24 Early English Law.25 Juvenile Criminal Cases Prior to the 1890s.26 development of juvenile courts in the United States.27 Reform Schools and Houses of Refuge.28 The 1960s and Social Disorders.33 juvenile justice and the Supreme Court.34 punish or reform.35 Excerpts from State v. Dubray, Supreme Court of Kansas, 1926.39 questions in review.45 3 delinquency causation theories.47 basic assumptions of delinquent behavior.47 explaining juvenile delinquency.53 David Emile Durkheim (1858–1917).55 social control theories.59 cultural deviance theories.60 social disorganization theories. 61 symbolic interactionist theories. 61 Differential association propositions.63 Contents vii biological theories.64 Psychoanalytic and Personality Theories.65 Thinking Pattern Theories.67 questions in review.68 4 abused and neglected children.71 types of abuse.73 Parental Substance Abuse.
74 nature of the problems.75 Relationship between Child Abuse and Delinquency.78 Fetal Alcohol Syndrome.79 Battered Child Syndrome.80 Checklist for Handling Child Sexual Abuse Claims. 81 Intergenerational Transmission of Violence Theory.82 Texas Penal Code 22.041: Abandoning or Endangering Child.83 child protective services.85 Child Abuse Reporting.86 California Penal Code 11166.89 viii Contents Child Abuse Protection Programs.92 California Penal Code 868.8: Child Witnesses in Criminal Proceedings Involving Certain Crimes.92 California Penal Code 999r: Child Abuser Prosecution Program.93 California Penal Code 999s: Enhanced Prosecution Efforts and Resources.93 California Criminal Code 999u: Policies for Child Abuser Cases.94 questions in review.95 5 law enforcement and juveniles.100 structure of agencies. 101 Agencies with Juvenile Units. 103 Agencies without Juvenile Units.
103 consequences of arrest. 104 disposition of youths.106 juveniles’ attitudes toward law enforcement. 109 Excerpts from Ramos v. Town of Vernon, 353 F.
109 Excerpts from State v. LEXIS 36, 2-3 (Idaho Ct. 110 Excerpts from appellate court’s decision. 111 Excerpts from Anonymous v.
City of Rochester, 2009 NY Slip Op 4697, 2-3 (N. 112 questions in review. 116 6 courts in the juvenile justice system. 117 organizational structures of juvenile courts.122 jurisdictional responsibilities of juvenile courts.123 Contents ix Direct Filing of Juveniles to Criminal Court.123 Excerpts from Whitaker v.124 Excerpts from State v.125 Jurisdiction in Dependency Cases.128 actors in juvenile court.
133 Guardian Ad Litem.134 rights of juveniles and parents.134 questions in review. 136 7 overview of the procedures in juvenile court. 139 Intake and Investigation. 140 temporary custody of the juvenile.
142 petition to juvenile court. 147 Differences from Adult Criminal Court. 148 direct filing in adult criminal court. 149 waiver/transfer hearing.
150 questions in review. 151 8 procedures in juvenile court. 159 jurisdiction or intake hearing. 159 x Contents adjudicatory hearings.
161 dependency, abuse, and neglect cases. 167 questions in review. 168 9 cases referred to criminal courts. 169 juveniles in criminal court.
176 In re Gault. 182 In re Winship. 183 standards for the administration of juvenile justice. 184 3:116 Transfer to Another Court—Delinquency.
187 Uniform Juvenile Court Act. 189 selected state court decisions. 191 Matter of Honsaker. 193 right to appeal a transfer to criminal court.
193 questions in review. 195 10 juvenile court and individual rights. 197 standards for juvenile justice.200 waiver of fourth amendment rights.200 waiver of counsel. 201 rights at a probation revocation hearing.204 key Supreme Court cases.205 Contents xi Delinquency Determination Cases.207 Search and Seizure.
Department of Social Services. Des Moines School District. 216 Hazelwood School District v. 217 Veronia School District 47J v.
218 Right to an Abortion. 219 questions in review.224 history of probation.227 status of probation.227 extent of probation.229 Criteria for Granting Probation.229 conditions of probation.230 Texas Code of Criminal Procedure, Article 42.235 functions of probation.235 Future of Probation.236 Juvenile Probation Office.237 parental involvement in probation.238 requirement to apologize.239 xii Contents questions in review.240 12 juvenile institutions and early releases. 241 types of institutions.242 typical juvenile facilities.245 Camp Wilmont Sweeney.246 Weekend Training Academy (WETA).248 determinate and indeterminate sentencing.249 history of parole.252 the parole decision.254 revocation of parole.255 discharge from parole.256 questions in review. 257 13 juvenile group homes.259 overview of the Missouri Division of Youth Services (DYS).
261 referral to a group home.262 effectiveness of group homes.263 questions in review.265 14 boot camps and shock programs.267 characteristics of boot camps.268 Change of Direction.269 Harris County, Texas, Youth Boot Camp.269 evaluation of boot camp programs.277 Contents xiii conclusions.277 questions in review.278 15 selected issues in juvenile justice. 281 juvenile drug courts.283 Key Elements of a Juvenile Drug Court Program.284 Enhancements to the Traditional Process.285 Goals and Indicators of Success.286 juvenile sex offenders. 291 questions in review.292 appendix: common terms used in juvenile corrections. 315 list of figures Fig.1 Murders committed by juvenile offenders in the United States in 2006.
Q: How many murders are committed by juvenile offenders in the United States? A: Known juvenile offenders were involved in at least 1,043 murders in the United States in 2006—10% of all murders. Between 1994 and 2003, the estimated number of murders involving a juvenile offender fell 65%, to its lowest level since at least 1980. However, between 2003 and 2006, the estimated number of juvenile murder offenders increased 30%, returning to the level of the late 1990s. In the 1980s, 25% of the murders involving a juvenile offender also involved an adult offender.
This proportion grew to 31% in the 1990s and averaged 37% for the years 2000 through 2006.2 Juvenile homicide by age, 1980–2006. Q: How does juvenile homicide offending vary by age? A: Homicide offending increases with the age of the juvenile offender; in 2006, about 9% of known juvenile homicide offenders were under age 15, while 74% were ages 16 or 17. Trends in the number of known juvenile homicide offenders followed a similar pattern for all age groups: The number of known juvenile homicide offenders increased for all age groups between 1984 and 1994 and then declined between 1994 and 2003. However, older juveniles, those ages 16 and 17, accounted for the largest share of both the increase and the decline (about 70%).
The number of known juvenile homicide offenders increased in 2004, 2005, and 2006. For all age groups with the exception xv xvi list of figures of the youngest juveniles (under age 14), the number of known juvenile homicide offenders was higher in 2006 than in 2003.1 The decline in juvenile court delinquency caseloads since the mid-1990s is the most substantial decline since 1960.1 A diagram of the steps taken in processing a juvenile case in California.2 A diagram of the steps taken in processing a juvenile case in Texas.1 Adjudicated delinquency cases by disposition, 1985 to 2005.1 There was a broad range of state custody rates in 2006—from 81 to 672 per 100,000 juveniles. Notes: The custody rate is the number of juvenile offenders in residential placement per 100,000 juveniles ages 10 through the upper age of original juvenile court jurisdiction in each state. total includes 1,466 juvenile offenders in private facilities for whom the state of offense was not reported and 133 juvenile offenders in tribal facilities.
To preserve the privacy of the juvenile residents, cell counts have been rounded to the nearest multiple of three. Detail may not add to total because of rounding. Rates and percentages presented are also based on rounded totals. More information on this rounding rule is available on the CJRP Databook Web site.
Nationwide in 2006, there were 295 juvenile offenders held in juvenile facilities per 100,000 juveniles in the population. In 2006, the national commitment rate was 2.4 times the detention rate, but rates varied by state. Maryland, Nebraska, and the District of Columbia had higher detention rates than commitment rates in 2006.2 Nationally, females accounted for 15% of juvenile offenders in residential placement in 2006. The female proportion of committed offenders was higher in private facilities (16%) than in public facilities (12%).
The female proportion was higher for detained offenders (18%) than for committed offenders (14% for public and private facilities combined). In four states and the District of Columbia, females represented no more than 10% of offenders in custody; in 27 states, females represented at least 15% of offenders in custody.244 list of figures xvii Fig.1 The graph indicates that known juvenile offenders who commit sex offenses against minors span a variety of ages.290 acronyms used in the juvenile justice system ABA American Bar Association ACA American Correctional Association APA American Psychological Association BJS Bureau of Justice Statistics CHINS Children in need of supervision CHIPS Children in need of protection or services CIC Children in custody DARE Drug Abuse Resistance Education DSO Deinstitutionalization of status offenders DUF Drug Use Forecasting Program EBD Emotionally and behaviorally disturbed FAS Fetal alcohol syndrome FINS Families in need of supervision IACP International Association of Chiefs of Police MINS Minors in need of supervision NAC National Advisory Committee NCCD National Council on Crime and Delinquency NCJRS National Criminal Justice Reference Service NCPCA National Committee for Prevention of Child Abuse NCS National Crime Survey xix xx acronyms used in the juvenile justice system NCVS National Crime Victimization Survey NIBRS National Incident-Based Reporting System NIC National Institute of Corrections NIJ National Institute of Justice NJDA National Juvenile Detention Association OJJDP Office of Juvenile Justice and Delinquency Prevention PINS Persons in need of supervision POST Peace Officer Standards and Training PSI Presentence investigation RICO Racketeer Influenced and Corrupt Organizations Act UCR Uniform Crime Reports preface The late U. Supreme Court Justice Oliver Wendell Holmes once stated that the “definition of due process is based more on life expe- riences than on logic.” Likewise, it is clear that the development of the juvenile justice system is based more on life experiences than on logic. This text is designed to provide the reader with an introduction to and a balance between juvenile justice theory and practice.