🕵️Crime and Human Development Unit 11 – Juvenile Justice Systems

Key Concepts in Juvenile Justice

• Juvenile justice system focuses on rehabilitation and treatment rather than punishment
• Delinquency refers to criminal behavior committed by minors, typically under the age of 18
• Status offenses are acts that are illegal only because of the offender's age (truancy, running away, curfew violations)
• Parens patriae doctrine gives the state the power to act as a guardian for juveniles in need of protection
• Due process rights for juveniles were established through landmark Supreme Court cases (In re Gault, In re Winship, Kent v. United States)
• Diversion programs aim to redirect youth away from formal court proceedings and into community-based services
• Restorative justice emphasizes repairing the harm caused by criminal behavior and involving victims, offenders, and the community in the process

Historical Development of Juvenile Courts

• The first juvenile court was established in Cook County, Illinois, in 1899
• Early juvenile courts operated under the doctrine of parens patriae, emphasizing the state's role as a guardian
• The Progressive Era (1890s-1920s) saw a shift towards treating juvenile offenders differently from adults
  • Reformers believed that children were more amenable to rehabilitation and should be protected from the harsh adult criminal justice system
• In re Gault (1967) established due process rights for juveniles, including the right to counsel and the privilege against self-incrimination
• The "Get Tough" era of the 1980s and 1990s led to more punitive approaches and increased transfer of juveniles to adult courts
• The 21st century has seen a renewed focus on evidence-based practices and alternatives to incarceration

Theories of Juvenile Delinquency

• Social learning theory suggests that delinquent behavior is learned through observation and imitation of others
• Social control theory posits that weak bonds to conventional society lead to delinquency
  • Attachment, commitment, involvement, and belief are key elements of social bonding
• Strain theory argues that delinquency results from the inability to achieve socially valued goals through legitimate means
• Labeling theory suggests that negative labels and societal reactions can lead to further delinquent behavior
• Developmental theories, such as Moffitt's dual taxonomy, distinguish between life-course-persistent and adolescence-limited offenders
• Ecological systems theory emphasizes the role of multiple contexts (family, peers, school, community) in shaping behavior
• Biosocial theories consider the interaction between biological factors (genetics, neurobiology) and environmental influences

Juvenile Justice Process and Procedures

• Intake: The initial stage where a juvenile's case is reviewed and a decision is made to dismiss, divert, or proceed with formal charges
• Detention hearing: Determines whether a juvenile should be detained pending adjudication
• Adjudication hearing: The fact-finding stage where a judge determines whether the juvenile committed the alleged offense
• Disposition hearing: Equivalent to sentencing in adult court, where the judge decides on the appropriate course of action (probation, placement, treatment)
• Transfer/waiver to adult court: Some cases may be transferred to adult criminal court based on the severity of the offense or the juvenile's prior record
  • Judicial waiver, legislative exclusion, and prosecutorial discretion are methods for transferring juveniles to adult court
• Aftercare/reentry: Services and supervision provided to juveniles returning to the community after placement or confinement

Types of Juvenile Offenses

• Delinquent acts: Criminal offenses that would be considered crimes if committed by an adult (theft, assault, drug possession)
• Status offenses: Acts that are illegal only because of the offender's age (truancy, running away, curfew violations, underage drinking)
• Violent offenses: Crimes involving the use or threat of force (robbery, aggravated assault, homicide)
• Property offenses: Non-violent crimes involving theft or damage to property (burglary, vandalism, auto theft)
• Drug-related offenses: Crimes involving the possession, sale, or distribution of illegal substances
• Gang-related offenses: Crimes committed in association with gang activity, often involving violence or drug trafficking
• Cybercrime: Offenses involving the use of technology (online harassment, hacking, identity theft)

Rehabilitation and Treatment Programs

• Cognitive-behavioral therapy (CBT) helps juveniles identify and change problematic thought patterns and behaviors
• Multisystemic therapy (MST) is a family-based intervention that addresses multiple risk factors across different contexts
• Functional family therapy (FFT) focuses on improving communication and problem-solving skills within the family
• Aggression replacement training (ART) teaches social skills, anger management, and moral reasoning
• Substance abuse treatment addresses the underlying issues of drug and alcohol use
  • Evidence-based programs include motivational interviewing, cognitive-behavioral interventions, and family-based approaches
• Educational and vocational programs provide opportunities for skill development and future success
• Mentoring programs connect youth with positive adult role models who offer guidance and support

Current Challenges and Controversies

• Racial and ethnic disparities persist in the juvenile justice system, with youth of color overrepresented at every stage
• The school-to-prison pipeline refers to policies and practices that push students out of schools and into the juvenile justice system
• Solitary confinement and other harsh disciplinary practices in juvenile facilities have come under scrutiny for their negative impact on mental health
• The use of risk assessment tools has raised concerns about potential bias and the accuracy of predicting future behavior
• The effectiveness of sex offender registration and notification laws for juveniles has been questioned
• The impact of trauma and adverse childhood experiences (ACEs) on delinquency has gained increased attention
• Balancing public safety concerns with the need for rehabilitation and age-appropriate interventions remains an ongoing challenge

Future Directions in Juvenile Justice

• Increased emphasis on prevention and early intervention programs to address risk factors before delinquency occurs
• Expansion of community-based alternatives to incarceration, such as diversion programs and restorative justice practices
• Greater use of evidence-based practices and data-driven decision making to guide policies and programs
• Trauma-informed approaches that recognize the impact of adverse experiences and prioritize healing and resilience
• Addressing racial and ethnic disparities through cultural competence training, implicit bias awareness, and data collection and analysis
• Increased collaboration between the juvenile justice system and other child-serving systems (child welfare, mental health, education)
• Continued research on the effectiveness of rehabilitation and treatment programs to inform best practices and resource allocation