Juvenile Justice Exam 1

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an individual under the age of 18, protected by juvenile courts/laws
juvenile justice system
segment of the justice system, including law enforcement officers, the courts, and correctional agencies, designed to treat youthful offenders
participation in illegal behavior, in this case by a minor who falls under a statutory age limit (18)
status offense
conduct that is illegal only because the child is underage
relationship between 2 measurements/behaviors that move in same direction
relationship in which a change in 1 measurement/behavior creates a recognizable change in another measurement/behavior
when the proportion of a racial or ethnic group within the control of the system is greater than the proportion of such groups in the general population
any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life
use of personal decision making and choice in carrying out operations in the criminal justice system, such as deciding whether to make an arrest or when to accept a plea bargain
process of creating a global economy through transnational marets and political legal systems
restorative justice
using humanistic, nonpunitive strategies to right wrongs and restore social harmony
age-crime curve
the observation that criminal behavior increases in adolescence and decreases in adulthood
the process of abstaining from crime by those with a previous pattern of offending (growing out of juvenile delinquency once reach adulthood)
process by which juvenile offenders persist in their delinquent careers rather than aging out of crime
the age at which the offense of a crime is first committed by a specific person
phenomenon of human ecology arising in the disordered groups of individuals with a collective identity, engaging in criminal/delinquent activity
repeated, negative acts committed by one or more children against another; the acts may be physical or verbal
liberal feminism
asserts that females are less delinquent than males because their social roles provide them with fewer opportunities to commit crimes; as the roles of girls and women become more similar to those of boys and men, so too will their crime patterns
critical feminism
holds that gender inequality stems from the unequal power of men and women and the subsequent exploitation of women by men; the cause of female delinquency originates with the onset of male supremacy and the efforts of males to control females' sexuality
gender-specific program
provides girls with decisionmaking and life skills that will assist their development into womanhood. given the importance that girls place on relationships, gender-specific programming teaches positive relationship-building skills
an action that intentionally causes harm or injures another person. this can refer to physical abuse, psychological abuse, mental abuse
passive neglect by a parent or guardian, depriving children of food, shelter, healthcare, and love
nuclear family
family unit composed of parents and their children; this smaller family structure is subject to great stress due to the intense, close contact between parents and children
parental efficacy
families in which parents integrate their children into the household unit while helping them assert their individuality and regulate their own behavior
resource dilution
a condition that occurs when parents have such large families that their resources, such as time and money, are spread too thin, causing lack of familial support and control
corporal punishment
any punishment in which physical force is used and intended to cause some degree of pain or discomfort, put in place at school institutions (19 states)
mandatory reporter
a teacher, other parent, law enforcement officer, or any other respected adult or peer that notices and realizes a child is getting abused and/or neglected, who must report the situation to authorities
child abuse prevention & treatment act
provides federal funding and guidance to states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian tribes and Tribal organizations, for demonstration programs and projects
disposition hearing
the social service agency presents its case plan and recommendations for care of the child and treatment of the parents, including incarceration and counseling or other treatment
child protective services
federal agencies designed to protect abused/neglected children from corrupt homes, involves case workers who work to get these children into the justice system and into better homes, sometimes offers counseling/treatment for parents
occurs primarily through people orally interpreting, re-enacting, story-telling, and performing legislation through a variety of networks (professional, religious, family, and/or community), rather than solely through written communications or directives
factors increasing the severity or culpability of a criminal act
failure to attend school, repetitive
adolescent dilemmas/problems
Erik Erikson - adolescents struggle to find who they are in perspective to everyone in population Problems/dilemmas: teenage years/puberty, homelife issues, peer pressure, bullying, 20% in poverty, mental health deterioration, bad living standards/conditions, substance abuse, disproportionate educational opportunities, teen suicide, catfishing, sexting, bad self-image
juvenile justice system: history/foundation function path of case differences w/ adult system
1. Child Savers: nineteenth century reformers who developed programs for troubled youth and influenced legislation creating the juvenile justice system; today some critics view them as being more concerned with control of the poor than with their welfare 2. procedures are informal and nonadversarial, invoked for the juvenile offender rather than against him or her; a petition instead of a complaint is filed; courts make finding of involvement or adjudication of delinquency instead of convictions; juvenile offenders recieve dispositions instead of sentences; preferred rehab and correction rather than detention and punishment 3. law enforcement arrest or detain; juvenile court intake; prosecution; adjudication (determination by court if child is delinquent, unruly, dependent, neglected or abused); probation or residential placement; aftercare and release 4. juvenile: rehabilitation and treatment primary goals, less public implication to keep stigma of juveniles' lives protected, more psychological approach and assessment of juvenile's background, juvenile faces hearing not a trial, option of preventative detention, juveniles are referred to as "delinquent" rather than "guilty" adult: criminal sanctions and sentencing proportional to offense (use of deterrence), all court proceedings open to public, defendants have right to trial largely based on legal facts, right to apply for bond or bail in some offenses, "innocent or guilty" and sentenced for appropriate time based on severity and criminal history
four sources measuring offending/victimization
1. UCR (Uniform Crime Report, 1930s): local law officers report known cases of crime (# of crimes, # offenders arrested), given directly from law enforcement; not every local crime is reported, discretion varies by locality 2. NCVS (National Crime Victimization Survey, 1972): 2x annual reports, victims/past offenders willing to report anonymously (uncover dark crime), no report error from citizens to police; not getting info from 11 y/o or older, only 90,000 households surveyed, inaccuracies reported as fact, surveys contain confusing jargon 3. Self-Reported Surveys (1976ish): personal interviews, won't get in trouble if admitting to participation in criminal activity (uncover dark crime), law enforcement gains info on some victimless crimes; subject to bias, not always honest in fear of being convicted 4. NIBRS (National Incident-Based Reporting System, 1989): collects data in categorized offenses (detailed descriptions on criminal behavior patterns), covers state and national statistics; relies on officer accountability to report crimes accurately, only 33 states use, state statute and NIBRS plans don't always align
trends in delinquency
DECREASE in juvenile delinquency nationally over the past several decades
juvenile victimization trends
Juveniles experienced declines for all nonfatal crimes measured — rape/sexual assault, robbery, aggravated assault, and simple assault — based on a comparison of average annual rates for 1993-95 to those for 2001-03. Victimization rates for overall violence declined more for younger teens than for older teens. On average, juveniles (ages 12-17) were more than twice as likely as adults (age 18 or older) to be the victim of violent crime from 1993 to 2003. Among victims of violent crimes, younger teens (12-14) were less likely than older teens (15-17) to have been victimized by a stranger (32% versus 41%). Juveniles were involved as victims or offenders in 38% of all violent crimes in which the victim could estimate the age of the offender(s).
rational choice theory
school of criminology that holds that wrongdoers weigh the possible benefits of criminal or delinquent activity against the expected costs of being apprehended
routine activities theory (CRAVED)
view that crime is a "normal" function of the routine activities of modern living; offenses can be expected if there is a motivated offender and a suitable target that is not protected by capable guardians Concealable Removable Available Valuable Enjoyable Disposable
deterrence theory
rational juveniles will choose not to break the law because of either the threat or actual receipt of punishment
contemporary views
Franz Gall: Phrenology, also referred to as crainology, is a theory of human behavior based upon the belief that an individual's character and mental faculties correlate with the shape of their head Cesar Lombroso: criminality was inherited and that criminals could be identified by physical defects that confirmed them as being atavistic or savage. A thief, for example, could be identified by his expressive face, manual dexterity, and small, wandering eyes The Gluecks: a mesomorph is a lean person with a muscular, strong build, while an endomorph is a large person with more body fat than muscle. Based on their research, the Gluecks believed that mesomorphs were more likely to engage in crime than endomorphs
biosocial theories
posits that it's not just environmental and social factors affecting criminal behavior but biological factors as well (biological characteristics, such as genetic and hormonal factors, are important predictors of antisocial behavior)
attachment theory
form of psychodynamic tradition that holds that the ability to form attachments -- emotional bonds to another person-- has important lasting psychological implications that follow adolescents across the life span
behavorial theories
posits that social behavior is learned; for example, when children see parents use aggression as a form of discipline, they begin to view aggression as a style of conflict resolution
cognitive theory
branch of psychology that studies the perception of reality and the mental processes required to understand the world we live in
social disorganization theory
the inability of a community to exert social control allows youths the freedom to engage in illegal activity zone 2 = zone of transition, most corrupt
strain theory
links delinquency to the strain of being locked out of economic mainatream, which creates the anger and frustration that lead to delinquent acts Durkheim: French sociologist, anomie - societal rules of behavior have broken down during periods of social change or crisis Merton: US sociologist, clash of culturally defined goals and socially approved means, legitimate means to acquire wealth/status/power are stratified across class and status lines Agnew: sociologist, general strain theory - multiple sources of strain interact with an individual's emotional traits and responses to produce criminality
cultural deviance theory
a unique lower-class culture develops in disorganized neighborhoods whose unique set of values and beliefs puts residents in conflict with conventional social norms
social process theories
school of criminology that considers criminal behavior to be the predictable result of a persons interaction with his or her environment
social learning theory
delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity
differential association
asserts that criminal behavior is learned primarily within interpersonal groups and that youths will become delinquent if definitions they have learned favorable to violating the law exceed definitions favorable to obeying the law within that group
attitudes or beliefs that allow would-be delinquents to negate any moral aprehension they might have about committing crime so that they may freely engage in antisocial behavior without regret
social control theory
assume that all individuals have the potential for criminal behavior, but are restrained by the damage that such actions would do to their relationships with family, friends, and members of their community
social bond theory
offending behavior is caused by weakened or broken social bonds with law-abiding people and institutions
control theories
suggests that delinquent adolescents fail to develop societal bonds consisting of (1) attachment to parents, peers, and school; (2) occupational and educational commitment; (3) academic involvement; and (4) belief in social rules and convention
labeling theory
posits that society creates deviance through a system of social control agencies that designate (or label) certain individuals as delinquent, thereby stigmatizing youths and encouraging them to accept this negative personal identity
social conflict theory
asserts that society is in a state of constant internal conflict, and focuses on the role of government and social institutions as mechanisms for social control
life-course persistent offender
delinquents who begin their offending career at a very early age and continue to offend well into adulthood
adolescent-limited offender
kids who get into minor scrapes as youths but whose misbehavior ends when they enter adulthood
gender differences: development
*socialization: parents treat sons & daughters differently -male is 3x's more likely to be taught to use a weapon, taught independence, engage in delinquency & aggression -females taught self-worth through relationships, feelings of isolation, alienation, depression, surpervised closely *cognitive: -males: mechanical and visual-spatial tasks -females: visual-motor speed, language ability, more self-control *personality: -male spend more time talking/interrupting conversations -female reveal feelings, express concern & empathy, higher in agreeableness *emotional: -male more likely to display anger -female more likely to express sympathy, anxiety, & sadness
gender differences: policy changes
-definition of "violent crimes" changing -minor incidents that females commit included in arrest data -police arrest in private setting (i.e. home, school) -family/societal shifts -- less tolerant for juvenile females
gender differences: reasons for female violence
-early puberty -stress from family relationships -sense to defend self and improve status and rep -relationship with (often older) delinquent males
gender differences: victimization, link to JJS
-judges become more parental/patriarchal -sometimes judges give lesser punishment to girls because they are more sensetive
gender differences: specific programs (benefits/problems)
-benefits: focuses on helping girls to develop the knowledge, skills, and experiences that will promote health and resiliency. early intervention provides early detection and treatment to reduce problems caused by risky behaviors and prevent further development of problems. concentrated effort to assist all girls (not only those involved in the justice system) in positive female development. It takes into account the developmental needs of girls at adolescence, a critical stage for gender identity formation. It nurtures and reinforces "femaleness" as a positive identity with inherent strengths. recognizes the dangers and risks that girls face because of gender (sexism, victimizatiom from sexualization, poverty, & racism) -problems: expensive, not a lot of people willing to work in a field like this
types of abuse & neglect
-child abuse: physical, emotional, or sexual trauma to a child -physical abuse: throwing, shooting, burning, stabbing, drowing, suffocating, biting, deliberate disfiguration -emotional abuse: constant criticism/rejection -sexual abuse: exploit child through rape, incest, or molestation -physical neglect: parent failure to provide needs -- food, shelter, healthcare, love -emotional neglect: inadequate nurturing, care, attention, and lack of concern for things like bad school behavior -abandonment: physically leaving a child; severing relationship
family deviance
antisocial parents, parental drug/substance abuse, parental incarceration, children learning from parental misbehavior (similar traumas w/ siblings)
CPS: history/foundation main purposes/functions
1. 1874/1875 -- court starts to intervene in families w/ mistreated children (Mary Ellen Wilson case), social work professions increase 2. protect children from unfit homes and parents, seek to put child in better care (foster home, orphanage), seek treatment/counseling for parents and child
peer relationships: gangs membership reasons for joining
-gangs predominantly male -ages 12-17 involved -sense of protection, financial gain, sense of rebelliousness
school delinquency: bullying school-to-prison-pipeline
-young bullies are delinquent and on the road to lead a criminal lifestyle -delinquent behavior starting in school creates the start of a juvenile's path to most likely ending up in prison by the time they a) graduate, b) dropout, or c) further into adulthood
Roper v. Simmons
United States Supreme Court ruled 5-4 that it is unconstitutional to impose the death penalty for a crime committed by a child under the age of 18
Miller v. Alabama
United States Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders
Santosky v. Kramer
the State may terminate, over parental objection, the rights of parents in their natural child upon a finding that the child is "permanently neglected"
Troxel v. Granville
protect against government interference w/ fundamental rights & liberty interests
White v. Illinois
state attorney is not required to produce young victims at trial or to demonstrate reasons why they were unavailable to serve as witness
Maryland v. Craig
CCTV testimony can be used in child abuse case, requires determination that child will suffer distress if forced to testify
Brown v. Board of Education
Court ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality