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Status offense
An offense committed by a juvenile that would NOT be considered a crime if committed by an adult
Example of a status crime
Running away from home
Detention
Juvenile courts sometimes hold youths in secure detention facilities during court processings
In about 1/5 of all delinquency cases, offenders are ________
detained
Much of the juvenile crime in the 1980s and early 1990s was due to
Increased use of crack
Juvenile gangs
Violence
John Augustus
Considered the Father of Juvenile Probation
The first juvenile court was established in
1899, in Cook County (Chicago, IL)
By _____, all but ___ states had established juvenile courts/probation
1927;2
Probation
Allows youth to remain in the community
Reduces labeling and stigma
Is less expensive than incarceration
Parens Patriae means
The “role of the parent assumed by the juvenile court
When did Parens Patriae begin?
Middle Ages in England
“The King, being the father of His country must protect the welfare of the children”
Juvenile Probationers, 1/2 are for
Property crimes
Juvenile Probationers, 1/5 are for
Personal crimes
Juvenile Probationers, 1/8 are for
Drug crimes
Juvenile Probationers, 1/4 are for
Public order offenses
Residential Placement
Can be a public or private facility and can range from group home to secure facilities
Diversion of Juveniles
An attempt to minimize involvement in the juvenile justice system
Roles of Probation and Parole Agencies
Surveillance
Investigation
Concrete-Needs Counseling
Emotional-Needs Counseling
Glaser’s Role Typologies
Punitive Officer
Protective Officer
Welfare Officer
Passive Officer
The Five Faces of Probation Supervision
Help offender understand
Have it make sense
Let offender identify
It’s up to offender
Make offender do it
Characteristics of Effective Change Agents
Quality interpersonal relationships
Model behavior
Reinforcement of positive behavior
Functions of Probation Officers
Referral functions
Advice and guidance
Court Consultant
Psychotherapy
Law enforcement
Environmental manipulation
Enforcement
Officer-Offender interactions often not effective because
Too brief for impact
Convos focus on monitoring compliance conditions
Relationships more confrontational & authoritarian in nature than helpful
What is targeted is not always based on assessment
Static risk factor
A characteristic of the offender related to outcome that cannot change- i.e., age at first arrest
Dynamic risk factor
A factor that contributes to outcome but is changeable- i.e., substance abuse
Risk
Predict future criminal behavior and match services to level
Need
Match offenders to services
Responsivity
Deliver services consistent with offender’s ability R
Professional Discretion
Consider risk, needs, and responsivity, and factor in judgment to make best decision
Assessment is important because it
guides decision making
Reduces bias
Improves placement
Helps manage offenders
Aids in legal challenges
Helps utilize resources
Temperamental and antisocial personality patterns conducive to criminal activity inluciding
Weak socialization
Impulsivity
Adventurous
Restless/aggressive
Egocentrism
A taste for risk
Weak problem solving/self regulation and coping skills
Problems with first generation
Subject to personal bias
Predictions are subjective
Decision rules are not observed
Can lead to biased decisions
Difficult to distinguish levels
Information may be overlooked or overemphasized
False positives
Offenders who are predicted to fail but actually succeed
False Negatives
Offenders who are predicted to succeed but actually fail
Almost ____ of agencies used __________ tools
75%; assessment
____ believe it is “______” or “very” necessary to assess offenders
83%; absolutely
Almost ___ re-assess _____
80%; offenders
Reliability
Consistency of the tool
Validity
the tool measures what you think it is measuring
Risk management
Involves determining risk level and providing appropriate sanctions and supervision
Risk reduction
Involves determining risk level and crime-producing needs, and targeting dynamic factors for change through effective interventions and appropriate levels of supervision
Conventional Model
Cases are randomly assigned to available probation officers
Each officer handles a wide range of offenders
Caseloads are restricted to ___________ ____
geographical area (urban, suburban, rural, neighborhood)
Rural caseloads may be smaller because of
Area that needs to be covered by PO
Vertical Model
Offenders are classified by two or more factors
Usually involves a prediction instrument
Caseload
The actual number of offenders assigned to a probation officer
Workload
Usually based on a formula that can take into account the risk level of offenders (high risk are worth more), number of PSI completed, and so forth
Traditional Approach to Supervision
Offenders are assigned to a single probation officer
Probation officer is expected to provide all services and activities required to supervise the offender
Brokerage Supervision Model
Supervising officer is primarily concerned with assessing offender and arranging for services through existing agencies in the community
Teaching the offender how to problem solve involves several steps
Stop and think and identify the problem
Clarify goals
Generate alternative solutions
Evaluate
Implement the plan
Evaluate the plan
Kent v. United States
Considered the transfer or waiver of a juvenile to the criminal court system
What exactly was Kent v. United States about?
In 1966, 16 year old Morris Kent was charged for burglary and rape. Juvenile court waived its jurisdiction for no reason, which caused Kent to be tried in an adult court and got 30-90 years in prison. The Supreme Court ruled that waiver of jurisdiction is critically important action that must be justified in order to protect the rights of juveniles. It highlighted the need for Due Process in waiving juvenile jurisdiction
In re Gault
guaranteed some due process protections to a juvenile accused of a crime.
What exactly was In re Gault?
Landmark Supreme Court decision in 1967, which held that the Due Process clause of the 14th Amendment applies to juvenile defendants. In an 8-1 decision, the Supreme Court ruled that Gault’s commitment to the State Industrial School was a violation of the 6th Amendment since he had been denied the right to an attorney and other Due Process protections.
What was the 8% problem?
Orange County (California) probation department conducted a research study on 1st time juvenile offenders and found that about 8% of the juveniles had been arrested a minimum of 4 times within a 3 year period, and that 55% were responsible for repeat cases.
What was the 8% solution?
The prevalence of serious juvenile delinquency could be reduced significantly by identifying and treating the small percentage of juveniles who are at risk of becoming chronic offenders when they first come into contact with the juvenile justice system