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Chapter 17. Corrections for Juveniles. definition. “parens patriae”. the “parent of the country;” the role of the state as guardian and protector of all people (particularly juveniles) who are unable to protect themselves. Evolution of juvenile justice in America, 1600s - 2000.
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Chapter 17 Corrections for Juveniles
definition “parens patriae” • the “parent of the country;” the role of the state as guardian and protector of all people (particularly juveniles) who are unable to protect themselves
Evolution of juvenile justice in America, 1600s - 2000 • Crime Control • 1980 - 2000 • victim emphasis • punishment of serious offenders • waive serious cases • Juvenile Rights • 1960 - 1980 • In re Gault, 1967 • JJ & Del. Prev. Act, 1974 deinstitutionalize status offenders • legalization of juv. law • Juvenile Court • 1899 - 1960 • Ill. Juv. Crt, 1899 • separate legal system for juv’s • child as “legally irresponsible” • Refuge Period • 1824 - 1899 • NY House of Refuge, 1825 for delinquent & dependent children • child as “helpless” • Puritan Period • 1646 - 1824 • Mass. Stubborn Child Law, 1646 • child as “evil”
hallmarks of juvenile court • informality • not hindered by legalities of “due process” • judges ran sessions as conversations exploring needs of child • individualization • each child is unique and has unique circumstances, problems, and needs • intervention • aim not to punish, but to help child become law-abiding • identify and solve problems; provide treatment
definition “delinquent” • a child who has committed an act which, if committed by an adult, would be criminal
definition “neglected” • a child who is not receiving proper care because of some action or inaction of his or her parents
definition “dependent” • a child who has no parent or guardian or whose parents are unable to give proper care
definition “In Re: Gault” • watershed Supreme Court case granting “essential” due process rights to juveniles facing adjudication by juvenile court • notice • hearing • counsel • cross-examination
why treat juveniles differently • juveniles are young and may easily change • more susceptible to treatment • juveniles have a high rate of ‘desistance’ • most never get in trouble again • juveniles’ families important to their lives • state acts in partnership w/ family to treat child • juveniles are easily influenced by peers • juvenile crime is a group phenomenon • removed from the group, child will behave • juveniles have little responsibility for others • easier to get them to isolate & modify behavior
high risk juvenile offendersfactors of concern • persistent behavior problems in elementary school years • onset of delinquency, aggression, drug use between 6 & 11 • antisocial parents • antisocial peers, poor school attendance, impulsivity, weak social ties between 12-14 • membership in delinquent gangs • drug dealing
juvenile offender dispositions • waiver (to adult court) • diversion • correctional programs • detention • juvenile probation • working in the school • intermediate sanctions • juvenile community corrections • juvenile incarceration • juvenile aftercare