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JUVENILE DELINQUENCY GUIDELINES

JUVENILE DELINQUENCY GUIDELINES. Building on the Past to Design Future Courts of Excellence. JUVENILE JUSTICE PHILOSOPHY: THE BUILDING BLOCKS. Every Segment of Our System is built on BELIEFS Beliefs relate to Values, both Personal and Professional. VALUES. We all have them:

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JUVENILE DELINQUENCY GUIDELINES

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  1. JUVENILE DELINQUENCY GUIDELINES Building on the Past to Design Future Courts of Excellence

  2. JUVENILE JUSTICE PHILOSOPHY: THE BUILDING BLOCKS • Every Segment of Our System is built on BELIEFS • Beliefs relate to Values, both Personal and Professional

  3. VALUES We all have them: • Individuals • Work Groups • Our Agency • Our State • Our Juvenile Justice System

  4. VALUES ARE “DERIVATIVE”WHERE DO THEY COME FROM? Personal Values • Family • Peers • Education (Secular and Religious) Professional Values • Colleagues • Leaders • Professional Education • Public Comment Methods of Acquisition: a) Observation b) Experience

  5. THE GREAT ROLE MODEL REFLECTION • Who was/is your role model? • Who most profoundly influence your professional values? • Why?

  6. COLLECTIVELY, VALUES BECOMEPHILOSOPHY • What are the Components that Constitute Your Philosophy? Most are a Compilation of fact, opinion and belief, or conviction. • What is your philosophy of juvenile justice? • What is your agency’s philosophy? • What about Law Enforcement? • Education? • Mental Health? • Your Community? • The Media? • Are They Compatible?

  7. WHO’S GOT IT RIGHT?Exercise • Write Down 2 Key Elements of your Philosophy. • Write 2 Key Elements of Your Agency’s Philosophy. • Find 2 or more Similarities. • Find 2 or more differences Directions: Discuss in your small group; select a reporter; report your findings to the large group. Findings should include: How to deal successfully with differences. Trainer will look for trends, summarize and interpret responses.

  8. JUVENILE JUSTICE SYSTEM PHILOSOPHY • Do we have one? • What is it? • Where did it come from? • How is it changing? • Where are we headed?

  9. OUR BACKGROUND AS A SEPARATE TRIBUNAL • 1899-CHICAGO, IL • HAPPY 107TH BIRTHDAY, JUVENILE COURT! • Birthplace of…….. • PARENS PATRIAE • Child-Centered Approach • Assumption of Parental Incompetence • The “Clean and Wholesome Environment” Approach • Closely Approximating Parental Care • Little Emphasis on Reunification

  10. THE IDEA CAUGHT ON! • 25 years later, only 2 states did NOT have separate tribunals based on doctrine of PARENS PATRIAE.

  11. THE LEGAL RIGHTS ERA Search for Consistency &Fairness: Emulation of Adult Criminal System • Right to Written Notice of Charges • Right to Representation at All Hearings • Right against Self-Incrimination • Right to Summon Witnesses • Speedy Trial

  12. THE ’60’S AND 70’S • 1966 Kent v. U.S.: Waiver, Transfer-only with Representation • 1967 In Re: Gault: Due Process Rights for Juvenile Offenders • 1970 In Re: Winship: Raised burden of proof from Preponderance to “Beyond Reasonable Doubt”

  13. “WINTER OF OUR DISCONTENT” The Search for “Justice” in Juvenile Justice __________________________________

  14. ’80’s and ’90’s • Eras of Children and Children’s Rights FirstFaded • “Accountability”, “Punishment” became Watch-words • “Three Strikes” • Victims’ Rights, Reparation • Restoring the Community • Decisions based on Perceived Risk of Re-offending

  15. COMMUNITY PROTECTION Is Lock-up the Answer? Why ? Why Not ?

  16. AMELIORATING TRENDS • “Comprehensive Strategy” OJJDP • IAP: Individual Assessment Plan: OJJDP • JDAI: Casey Foundation • Graduated Sanctions: OJJDP • Youth Courts • NAB’s

  17. WHERE ARE WE HEADED? • What “trends” will have lasting impact? • What can you do to shape juvenile justice for the next century?

  18. TODAY’S WISDOM • Strength-based Approach • Power of One • Wraparound Assessment & Services • “Fast-track Accountability” • Outcome Evaluation • Blended Funding Streams • Resource Reallocation

  19. JDG: “WAVE” OF THE FUTURE

  20. GUIDELINES LEADING TO BEST PRACTICE • 5 Years in the making • Publication Committee: 50+ Trial and Appellate Judges, PO’s, national consultants in Juvenile Justice, and Other Systems Professionals • Available in hard copy, CD or online. • Aspirational • Require multi-year Implementation Process

  21. JDG KEY PRINCIPLES EXERCISE • Circle those Principles most relevant to you as a professional. • Be prepared to discuss what would be required to implement them at home.

  22. 16 KEY PRINCIPLES • Judicial Leadership: Encourage System Collaboration • JJ System Requires Adequate Staff, Facilities, Program Resources • 1 Family/ 1 Judge • Judicial Status & Length of Assignment

  23. 16 KEY PRINCIPLES • Court and Staff treat all with courtesy, respect, cultural understanding. • Court should ensure expansion of diversion policy & practice. • Youth formally charged MUST have qualified counsel.

  24. 16 KEY PRINCIPLES • Victims’ Services and Access @ All Stages • Timely, Just Decisions, without Continuances • Engage Family @ All Stages, Including Plan Development • Engage School & other Community Support Systems as Stakeholders in EVERY case!

  25. 16 KEY PRINCIPLES • Individualized Dispositions, using Graduated “Responses” (Sanctions and Incentives) • Post-Disposition Review Continuing to Case Closure. • Judges hold their Own System, and Stakeholder Systems Accountable • Court MIS to Evaluate Performance • Court Responsible for Training (both for Individuals & Groups Across Systems)

  26. ADDITIONAL RECOMMENDATIONS • Delinquency Status be Limited to Youth Committing Crimes (may include Chronic Status Offenders) • Minority to Age 18 • Juvenile Court to have Original Jurisdiction • Waiver of Right to Counsel Accepted Rarely • Use Lowest Level of Intervention Commensurate with Community Safety • Conduct Detention Hearings on Saturdays, to minimize unnecessary time in Lock-up

  27. ADDITIONAL RECOMMENDATIONS • Utilize Dispute Resolution Alternatives (mediation, victim-offender conferencing, family conflict resolution, NABs, Negotiation. • Utilize Assessments for Decision Making at Administrative and Judicial Levels • Share Information with Related Agencies (unless prohibited by statute)

  28. EXERCISE • You have already circled Principles most relevant to you. • Discuss in Small Group • Reach Agreement about the Top Four • Prioritize • Select Reporter to Large Group

  29. NEXT STEPS • Discuss Reference Materials at Home • Determine Whether or Not Your Court can Pursue Some or All Guidelines • We are Ready to Help.

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