Socy-4024 Exam 3 *final*

Front 1

Parens Patriae

Back 1

-Translates roughly to "state as parent."
-The idea that the state has a responsibility to play a parental role to youths who have been neglected by their parents.
-State is defined as the ultimate guardian of every child.

Front 2

Establishment of the Illinois Juvenile Courts in 1899

Back 2

- Separate from adults
- Special procedures
- More informal with an emphasis on “rehabilitating children”
- Counsel was unnecessary
- Juvenile specialists
- Very little due process
- Guided by the concept of Parens Patrae

Front 3

Basic trends in juvenile court

Back 3

- Kids now have more legal protection than they did before → More attorneys involved, more laws, etc
- More formal now, more procedures, more rights, etc
- Formality winning over informality
- Sentences are more severe for kids now
- Power of the court over kids lives has actually DECLINED over time

Front 4

Law enforcement & youth: Background

Back 4

- Discretion is present for youth and adults but is tempered by the “best interests of the child” in juvenile cases>Thus, LE treats youth more INFORMALLY than adults
- Delinquency is not a major emphasis in many LE agencies even though youth commit about 40% of all crimes and represent 17% to 19% of all arrests.

Front 5

What was the result of Miranda vs. Arizona?

Back 5

- Youth must be read their Miranda rights when taken into custody

Front 6

What are the Miranda Rights?

Back 6

- Right to remain silent (5th)
- Any statement made can be used against you (5th)
- Right to Counsel
- If you can’t afford counsel, it will be provided for you

Front 7

Law enforcement discretion

Back 7

- The informality of the juvenile justice system promotes LE discretion in processing youth.
- Studies suggest that between 50 to 64% of all cases are diverted by Law Enforcement

Front 8

What are the factors influencing law enforcement discretion?

Back 8

- Seriousness of the offense
- Management climate of the LE agency (level of professionalism, focus on certain areas of the community/lower income youth, community concern/pressure)
- Availability of community alternatives
- Situational factors (demeanor of youth, appearance, age, gender-cops much more protective of girls, risk to community & youth for more harm)
- Race/Ethnicity of youth
- LE officer characteristics (their race/ethnic background, cultural/community background, training/experience)

Front 9

Diversion

Back 9

-Avoid stigmatizing youth and doing harm

Front 10

Shrill laws

Back 10

- Laws that apply to kids for misbehaving-- Like early status offenses

Front 11

What do you need to have a juvenile justice system?

Back 11

- In order to have a juvenile justice system, you MUST see kids as different from adults

Front 12

Puritan/Colonial America

Back 12

- Concept of childhood as distinct time of life to develop
- Families were responsible for teaching morals
- Sin was a natural feature of life and was an opportunity for good deeds (SIN=Delinquency)
- Children were harshly punished but education was preferred
- Shrill Laws put in place to control youth
- Stubborn Child Law (1641)
- FAMILY IS IMPORTANT
- More emphasis on rehabilitation than punishment

Front 13

Puritan Legacy

Back 13

- Children should be raised by their parents
- Children are pliable (you can change them) & chargeable
- Education is important
- Childhood is a distinct place of life

Front 14

Child savers/Progressives/Reformers

Back 14

- Get children out of adult institutions and treat them more humanely
- Give the courts power in the lives of children
- Create new system to help children
- Juvenile Prohibition (Mass)

Front 15

Major supreme court case: 1838- Maryann Crouse

Back 15

- Went to supreme court of US
- Parents wanted child to be put in Refuge house → Few months later they changed their minds and filed a writ of habeaus corpus against court to release their daughter (writ of habeaus corpus=”Give me a reason why you’re holding my client or else you have to release them”)
- Didn’t give child back b/c the dad already went to the court and told them that it was in her best interest to go to a refuge house and not be with her parents

Front 16

Major supreme court case: 1868- Daniel O'Connell

Back 16

- Dad puts him in house of refuge → Few years later parents wanted him back and this time courts reversed it and gave him back to his parents
- Parens Patrae did NOT apply here
- Conditions had gotten so bad in Refuge Houses b/c of Civil War so it was NOT in his best interest to be there → Hadn’t broken any laws

Front 17

Major supreme court case: 1966- Morris Kent

Back 17

- 1961 broke into a woman’s home robbed her and raped her while he was out on parole (he was 16)
- Confessed 3 days later
- Judge said it was so serious he sent it to adult courts
- Found guilty and insane
- Taken to Supreme Court b/c said Morris should’ve gotten some kind of hearing before his case was sent to adult court
- Determined that you MUST have hearing before you send a juvenile to adult court
- Was a due process issue

Front 18

Major supreme court case: 1967- Gerald Gault

Back 18

- Gerald and his buddy called a neighbor lady and said “do you give any?” “are your cherries ripe today?” “do you have big bombers?”
- Woman was upset by this so she called the police → Police arrested Gerald & put him in a detention for kids
- During Gerald’s trial, his accuser never appeared (so Gerald’s attorney couldn’t cross-examiner her etc)
- No one wrote down trial, Gerald never had an attorney, he never received any advisement of rights
- Sentenced to state industrial school for boys until his 21st birthday → Was 15 when crime committed
- Had he been an adult it would have been up to 50 dollar fine and 2 months in jail
- Goes to supreme court → Overturned b/c of due process
- **Very important case b/c it begins to fully spell out the rights of kids**

Front 19

Major supreme court case: 1967- Winship

Back 19

- Allegedly took 112 dollars from woman’s purse in store
- Store clerk allegedly saw him
- Went to court and was convicted on the PREPONDERANCE OF EVIDENCE
- Determined that if you’re going to lock a kid up for a long period of time, you must convict them on a higher standard of evidence (aka with BEYOND A REASONABLE DOUBT)

Front 20

Treatment Modalities

Back 20

- What happens in placement>Treatment approaches (medical model)

Front 21

What is the issue or potential problem with Behavior Modification?

Back 21

- The issue is that the concepts of behavior modification may not always work in the “real” world. We are not always rewarded when we do the right thing and not always sanctioned when we do wrong.

Front 22

Positive Peer Culture

Back 22

- Takes advantage of adolescence: peer pressure, charismatic leaders, & confrontation. It is based on Differential Association Theory. The issue is how the kid acts when she or he returns back to negative peers.

Front 23

Behavior Modification

Back 23

- Rewards positive behavior and sanctions negative. It is based on Learning Theory. Level systems, earning privileges, token economies are all examples of behavior modification.
- Rewards and costs
- Behavior contracts
- Positive reinforcement for pro-social behaviors

Front 24

Assertiveness Training

Back 24

- Some youth are passive participants in social relationships and are lead by peers into delinquent behaviors.
- Reinforces independent thinking and decision making.
- Gives youth tools to say “no” and avoid peer pressure.

Front 25

Disposition

Back 25

- Your sentence = your "disposition"

Front 26

What is a difference between adults and juveniles?

Back 26

- Juveniles can be released to parents, adults cannot.
- Courts prefer to let kids go home to their parents if they can.

Front 27

Filing of petition

Back 27

- District Attorney files report saying why the kid should be given the status of juvenile delinquent (basically lists what they've done)

Front 28

What is it called when a crime is so serious that it is sent to the adult system?

Back 28

- Direct filing in district court

Front 29

Advisement

Back 29

- Comes after filing of petition
- When you tell the kid what you're charging them with/what charges they're facing

Front 30

Adjudicatory Trial

Back 30

- Takes place within 60 days
- When the judge decides if he agrees or disagrees with the petition that has been filed

Front 31

Finding of Guilt

Back 31

- Happens when a judge finds a kid guilty
- At this point kid earns juvenile delinquent status

Front 32

Pre-Sentence Investigation

Back 32

- Recommend sentencing

Front 33

Sentencing Hearing

Back 33

- Within 45 days of adjudicatory trial
- Kid comes in front of judge and judge decides what to do with you/how to sentence you

Front 34

Restitution

Back 34

- Pay back money to victims

Front 35

Is probation more or less serious than parole?

Back 35

- LESS SERIOUS!

Front 36

Parole

Back 36

- Transition/After-care

Front 37

Sentencing/Disposition Options

Back 37

- Commitment to DHS
- County jail
- Detention
- Placement of custody with a relative or suitable person
- Probation
- Community Accountability Program (unfunded option)
- Placement with social services
- Placement in hospital
- Fine
- Restitution
- Anger management treatment or any other appropriate treatment program
- Judge may sentence as special offender
- Sentence may include parent conditions (aka going to school with kid, etc)

Front 38

What are the types of "special offender"?

Back 38

- Mandatory sentence offender
- Repeat juvenile offender
- Violent offender
- Aggravated juvenile offender

Front 39

Offense Specific Treatments

Back 39

- Looks at offending as a cycle that must be identified and broken or at least managed

Front 40

In Offense Specific Treatments: What events trigger the youth into getting into trouble?

Back 40

- Substance abuse
- Sex offenders
- Violent offenders/Anger management

Front 41

Dialectical Behavior Therapy (DBT)

Back 41

- Divides behaviors into polar extremes and then discusses with the youth how their behavior fits between the extremes and how they can move toward the more pro-social polar extreme.

Front 42

Who is responsible for the Crisis Management Model?

Back 42

- Carl Rodgers

Front 43

Crisis Management Model

Back 43

- Use crises as openings for intervention.
- When the kid is acting crazy, this is the best time to intervene.
- When kids go off, talk them down.
- They are the most vulnerable to change when acting out.
- Kids are encouraged to act out.

Front 44

Time Out Approach is the opposite of what and why?

Back 44

- Crisis Management Model
- Because Time Out Approach does NOT reinforce negative behaviors

Front 45

Time Out Approach

Back 45

- Take timeouts.
- There is no such thing as dysfunctional behavior.
- Negative attention is better than no attention.
- What need is being met by acting out?
- Calm kids can address issues.

Front 46

What are the stages in the juvenile justice system?

Back 46

1.)Referral to juvenile court 2.)Intake Officer screening-Gather info about case and decide what to do with juvenile. 3.)Informal Processing- informal probation for a brief time. 4.)Detention Hearing-Whether or not continue the case. 5.)Waiver-Sent to adult court. 6.)Adjudication-Equivalent to hearing. Delinquent v. NonDelinquent.

Front 47

Restorative Justice

Back 47

- Restorative Justice argues that it is important to hold delinquents accountable for their offenses and to impose meaningful sanctions on them.
- Sanctions should not be excessive and shouldn't isolate offenders from society.
- Allow offenders to repair their harm.
- Attempts to sanction offenders in a way that does not increase the likelihood of further crime.

Front 48

Attachment Therapy

Back 48

- There are unattached kids in the world. At some point some kids become unattached and lose the ability to attach to others. Attachment therapy attempts to teach kids to be able to attach to others in positive ways.
- Develop Relationships; Regression Therapy>Go back to earlier ages;Holding Time;Surrogate Nursing.

Front 49

What delinquency programs DO NOT work?

Back 49

- Boot Camps: Follow-up after the youth complete the program is generally weak.
- Self Esteem Building Programs(For most Youth): Most delinquent youth do not lack high self-esteem.
- Sacred Straight Programs: Youth do not generally turnover their lives after one day not their worlds.

Front 50

Adjudication

Back 50

- Conviction

Front 51

Petition

Back 51

- Indictment

Front 52

Training School

Back 52

- Prison

Front 53

Commitment

Back 53

- Incarceration

Front 54

Detention Facility

Back 54

- Jail

Front 55

What delinquency programs DO work?

Back 55

- Multi Systemic Therapy (MST): Approaches delinquency from a systems approach in the offender’s home. 
- Bully Programs: Targets bullies in the schools to end bullying behavior.
- Mentoring Programs: (Big Brothers/Big Sisters)
- STEP Street Terrorism Act
- Pre-Natal Nurse Visitation Programs
- Short Term Detention
- Functional Family Therapy
- Life Skills Training
- Law Related Education
- Boy’s Town
- Community Residential programs that link home and school have greater impacts.
- Promoting Alternative Thinking/How to Cope Strategies
- Life Skills: Middle School
- Recreation/Activity Programs

Front 56

Conditions of Parole

Back 56

- Live at address
- Obey all laws
- Full-time program
- Contact parole officer
- Not use, possess or have under control drugs or alcohol
- Report all LE contacts
- No deadly weapons
- Cannot leave Colorado
- Comply with parole plan
- Additional conditions

Front 57

Things to listen for when deciding whether or not to parole a kid

Back 57

- Accountability for Criminal Behavior
- Remorse for crime
- Victim Empathy
- Issues Worked on
- Change (Verbalize) & Demonstrated Behavioral Change
- Evidence of Conformity with Program Expectations
- Relapse Prevention Plans/Youth Understands Parole Plan

Front 58

Status Offender/Status Offenses

Back 58

-An activity illegal when engaged in by a minor, but not when done by an adult.
-Some examples of status offenses are underage alcohol consumption, truancy from school, general "ungovernability," violation of curfew, and running away from home.