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The Future of Juvenile Justice

Team A Week 5
by

Jennifer 'Foster' White

on 13 September 2013

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Transcript of The Future of Juvenile Justice

The Future of Juvenile Justice

Overview
Funding based on:
Recap
•A justification for the system and funding based on:
history, trends, and causation theories.
Recommendations for all aspects of the system including the following:
Conclusion
•Recommendations for all aspects of the system including the following:
o Community involvement
o Law enforcement
o Courts
o Corrections
o Private sector or privatization involvement

Community involvement
-Youth in the community, family-based programs, are more consistently effective
than those that focus on treating the individual juvenile alone.
-Youth in institutional settings, treatments that follow basic principles of cognitive-behavioral therapy are generally superior to those that take a different approach.
-Programs that are excessively harsh or punitive, like boot camps, either have no
effects or negative effects
-Incarceration in and of itself is an expensive proposition that yields little benefit
other than the short-term effect of incapacitation;
-No lasting deterrent effect once released back into the community.
Law Enforcement
Police are the gatekeepers for juveniles into the juvenile justice system.
Police play a dual role in juvenile justice: Authority role and support role.
It is important to focus on the interactions between Police and Juvenile suspects.
Police need to receive specific training on how to deal with juveniles especially in adverse and volatile situations.
Reducing Juvenile arrest and providing support is key to reducing juvenile delinquency.
Courts
What do current trends show?
History
Trends
Refer back to the pros and cons
Questions
Refrence
Edwards, P.L. (1996). The future of Juvenile Justice: Promising new directions. Retrieved from http://futureofchildren.org/futureofchildren/publications/
docs/06_03_10.pdf
Martin. (2008). Juvenile Delinquency: Theories of Causation. Retrieved from http://www.sagepub.com/upm-
data/4880_Martin_Chapter_3_Juvenile_Delinquency.pdf
National Conference of State Legislatives. (2011). Trends in Juvenile Justice State Legislation. Retrieved from http://www.ncsl.org/documents/cj/
trendsinjuvenilejustice.pdf
Nunez-Neto, B. (2008). Juvenile Justice: Overview of Legislative history and funding trends. Retrieved from http://congressionalresearch.com/RS22070/
document.php?study=Juvenile+Justice+Overview+of+Legislative+History+and+Funding+Trends
OJJDP. (2013). Juveniles in Corrections. Retrieved from http://www.ojjdp.gov/ojstatbb/corrections/overview.html
The Future of Children. (2008). Juvenile Justice. Retrieved from http://futureofchildren.org/futureofchildren/publications/docs/18_02_FullJournal.pdf
Correctional News. (2013). Retrieved from http://www.correctionalnews.com/articles/2010/01/5/michigan-mulls-privatization-juvenile-justice
Buchanan, B. (2009). P RIVATISATION AND THE J UVENILE S ECTOR. Australian Institute of Criminology, (), . Retrieved from http://www.aic.gov.au/media_library/publications/proceedings/23/buchanan.pdf
Myers, S. (2004, April). POLICE ENCOUNTERS WITH JUVENILE SUSPECTS: EXPLAINING THE USE OF AUTHORITY AND PROVISION OF SUPPORT. National Criminal Justice Reference Center, 2000-IJ-CX-0039 Retrieved from https://www.ncjrs.gov/pdffiles1/nij/grants/205125.pdf
Jason White, Johnathan Parker, and Jennifer White
•A justification for the system and funding based on history, trends, and causation theories.
Corrections
The most severe sanction that a juvenile court can is the
restriction of a juvenile's freedom. Placement occurs after a youth
has been adjudicated delinquent for an offense.

Youth may also be held in detention after arrest or during court proceedings. Jurisdiction over the youth might be transferred to criminal court, which then carries out processing and sentencing.
Private Sector
One possibility -
The elimination of some of the court’s delinquency function as more and more jurisdiction over youth criminality is transferred to the adult criminal system
Another possibility -
The removal or reduction from juvenile court jurisdiction of status offenses including:
truancy
beyond control of parents
running away from home
and other noncriminal conduct
The juvenile court should remain a critical societal institution, principally
because there is no alternative. The juvenile court is society’s means of
holding children accountable for their conduct and parents
accountable for raising children to be productive members
of the larger community.
(The Future of Children, 2008)
•Recommendations for all aspects of the system including the following:
Community involvement
Law enforcement
Courts
Corrections
Private sector or privatization involvement
History
Although juvenile justice has always been administered by the states, Congress has had significant influence in the area through grant funding and programs provided by the Department of Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention.
The Juvenile Justice and Delinquency Prevention Act of 1974,
was the first comprehensive juvenile justice legislation passed by Congress.
The act has four mandates for fund recipients:
status offenders, such as truants, cannot be institutionalized;
-juveniles cannot be detained in local jails or lockups with adults;
-juveniles must be separated from adult offenders in jail;
-states must address disproportionate minority confinement.
Since 1974, the act has undergone several key amendments, including a significant reorganization enacted by
in 2002.

Funding for juvenile justice programs within DOJ has been
reduced by 37% from 2002 to 2006.
In 2007, juvenile justice funding within DOJ was reduced by
43% to $198 million.


(Nunez-Neto, 2008)
Causation Theory
Causation Theory
No single theory has been universally accepted by experts.
Many theories have been designed to explain particular aspects of deviance but were not designed to explain all aspects of deviance
Trends
Youth experience a disruption in their normal routines, schooling, and family/social relationships. The juvenile justice system must bear the responsibility
for mental health care, substance abuse treatment, and education.
According to OJJDP's Census of Juveniles in Residential Placement,
in 2011 there were 61,423 juveniles placed in a residential
treatment facility and an additional 2,325 juveniles
placed in private residential juvenile
facilities.
Fundamentals: Common Factors Influencing Juvenile Behavior:
Family.
Family background is one of the most potent influences on juvenile development
Socioeconomic Class.
Past research has shown that children from poor and working-class backgrounds are
more likely to engage in delinquent behavior
Educational Experiences.
School dropouts and poor academic performers exhibit a higher incidence of
delinquency and crime than graduates and academic achievers
(Martin, 2008)
2005 - the U.S. Supreme Court held the Eighth Amendment’s ban against
cruel and unusual punishment prohibits juveniles from being sentenced to death for crimes they committed before they reached age 18.
2010, the Court abolished the sentence of life without the possibility parole for
youth convicted of non-homicide crimes
(Roper v. Simmons)
(Graham v. Flordia)
2012, the Court ruled that imposing mandatory life sentences without the possibility of parole on juveniles also violates the Eighth Amendment.
(Miller v. Alabama)
Raising the Age of Juvenile Court Jurisdiction
38 states set the maximum age at 7
10 states set the age at 16
2 states set it at 15
(Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina,Texas and Wisconsin)
(North Carolina and New York)
According to recent data, the proposed change in the age of juvenile jurisdiction moves more than
10,000 new cases a year from the adult criminal justice system to the juvenile justice system.

Research also shows that moving 16- and 17-year-old youth out of the adult
system into the juvenile system will return about $3 in benefits for
every $1 in cost.
(National Conference of State Legislatives, 2011)
(Edwards, 1996)
(OJJDP, 2013)
(Myers, 2004)
In times of economic hardship policy makers need to learn how to do more with much less.
Private vendors are able to provide quality services at much lower costs
This fact is very appealing but needs to be considered critically prior to making a change.
Consideration for private contracts in Juvenile Justice
Legal Authority and Liability
Quality of service
Accountability
The private contract also needs to be clear on the roles of private and public management of the program.
(Buchanan, 2009)
Full transcript