Crime Final

rehabilitation not punishment

The goal of juvenile justice in the Commonwealth of Pennsylvania is

Juvenile Justice: Colonial times

Could be banished, sentenced to death, and other harsh punishment by age 7

Juvenile Justice: 1800s

Children couldn’t be held responsible until age 12; Kids who committed crimes, orphans, runaways, victims of abuse and neglect, were all treated the same in the same place

Patria postestas

fathers right to use harsh punishment and discipline on their children because children were jailed with adults  

Houses of refuge

a place for troubled kids; intended to assist with reform movement in 1825; state run until 1899. Largely failed  

Children savers

first known “social workers” ; pushed for a different system and modified treatment of children 

The New York Society for the Prevention of Cruelty to Children

Founded in 1874 as a result of the Mary Ellen Wilson case (first documented child abuse case)

Chicago 1899

When and where were the first juvenile courts established? 

Parens patriae

“the state is the father” ; Doctrine that gives the state the power to act as a child's parent or in the child’s best interests ; JUDGE rules

separate juvenile criminal court system for children 16 and younger ; based on the medical model ; goal was treatment and rehabilitation, not punishment  

By 1950, ALL states had implemented what?

Delinquent, Criminal

Applied the term “______” rather than “______” to avoid lasting stigma

Kent V United States (1966)

Violated 6th amendment right to counsel and hearing ; Now judges must put their decision in writing before being sent to the adult court  

In re Gault  (1967)

Violations to 6th (Parents not informed, no recording of court, no crimes written down) and 5th Amendments (Due Process) ; Guaranteed that juveniles would have due process just like adults 

In re

“in reference to”

In re Winship (1970)

USSC ruled that all juvenile courts will have the same standard as adults ; GUILTY BEYOND REASONABLE DOUBT  

McKeiver V PA (1971)

6th amendment: bench or jury trial ; Juveniles do NOT have the fundamental constitutional right to jury trial, however if a state chooses to offer a jury trial they may (up to the state) 

Roper V Simmons (2005)

USSC ruled execution of minor violated 8^th amendment  

Graham V Florida (2010)

USSC ruled no LWOP for juveniles that have NOT committed murder because they could still be rehabilitated 

Miller V Alabama (2012)

USSC – ruled that at 14, homicide should be life with possibility of parole  

Montgomery V Louisiana (2016)

USSC ruled that all inmates sentenced as juveniles must be retroactively resentenced  

Juvenile

offenders are typically considered individuals 18 years or younger (can vary by state) 

juvenile delinquency

refers to juvenile offenders who engage in illegal acts (such as thefts, burglary, robbery, property damage) 

Status Offense

acts illegal only for juveniles – such as running away, truancy, possession of alcohol, curfew  

Juveniles present special challenges:

Separated by sight and sound, No more than 6 hours, No interviews without parental consent (if suspect), NO secure holding (unless violent/danger)

Delinquent Child

a child who violates the criminal law  

Undisciplined child

a child who is beyond parental control, as shown by a refusal to obey legitimate authorities  

Dependent Child

A child who has no parents or guardians to care for them OR a child who is without proper parental care and control necessary for their safety and well-being

Negligent Child

a child who does not receive proper care from parents or guardian  

Abused child 

a child who has been physically, emotionally, or sexually abused 

Status Offender

a child who violates laws written only for them  

Intake

Child version of Adult Booking

Intake

Both juvenile and parents get looked over.  

Deferred Status

Sealed; after a couple of years gets shredded  

Consent Decree

can still plea bargain, but judge has to agree to it  

Detention hearing 

in a juvenile facility, must be in 72 hours (3 days) for a ______. Judge has to decide if juvenile is safe to return to community or not.  

Adjudication

Must be held 10 days (no more), judge decides if juvenile is a delinquent or not  

Disposition hearing

Child version of Adult sentencing

Disposition hearing

judge has 20 days until the hearing. Same thing as an adult sentence 

Predisposition report 

a report done by the probation officer. Recommendations for the child, a history of child is given to the judge  

Aftercare

reentry program for at least 6 months. Juveniles have services for the whole family

Judicial waives

Making a chance, change what court the juvenile goes to, Write down all the reasons why the juvenile is going to adult court  

Direct Files

a young person who commits a felony 15 years or older goes directly to adult court  

Discretionary waivers

the discretion of the prosecutor, has to write the reasons why to send the juvenile to adult court  

Reverse transfers

reverse waiver, sends back to juvenile court  

Negative consequences of judicial waivers

Harsher punishment, Greater risk of victimization in adult prison, Often placed in solitary for their safety (negative consequences), Waivers do not have a general deterrent effect (friends think its cool to do adult time) 

The Penitentiary Era (1970) 

PA system used solitary confinement, Bible study, emphasis on penance ; Philosophy of rehabilitation, deterrence  

The Mass Prison Era (1825) 

Auburn system – congregate/silent ; Philosophy of incapacitation, deterrence ; Congregate system cheaper than solitary system 

The Reformatory Era (1876) 

Indeterminate sentencing, earned early release  ; Elmira Reformatory ; Philosophy of rehabilitation  

The Industrial Era (1890)

• Inmate labor, prison industries  

• Philosophy of incapacitation  

Close security Prison 

Combination of medium and max ; More rules than minimum ; More individualized ; No cell mate ; More staff then inmates ; Head count every couple of hours

Minimum security Prison 

Most lax ; Like a dorm -> freedom to move about, unarmed guards, no watch towers 

medium, minimum

We have mostly _____ or _____ security prison in America  

The Punitive era (1935)  

• Prisoners owed a debt to society, paid through rigorous period of confinement  

• Emphasis on custody, institutional security  

• Philosophy of retribution  

The Treatment Era (1945) 

• Medical model of corrections 

• Philosophy of rehabilitation 

The Community Corrections Era (1967) 

• Moved away from institutionalization toward reformation in the community  

• Philosophy of rehabilitation 

The Warehouse Era (1980) 

• Period of mass imprisonment, led to prison overcrowding problems 

• Philosophy of incapacitation

The Just Deserts Era (1995) 

• Empasis on individual responsibility  

• Get-though initiatives  

• Philosophy of retribution, incapacitation, deterrence 

The Evidence-based Era (2012) 

• Rational, science-based approach to corrections  

• Philosophy of cost-effective solutions to correctional issues  

• Administrative maximum (ADMAX) 

• High Security (USPs) 

• Medium Security (FCIs) 

• Low Security (FCIs) 

• Minimum Security (FPCs) 

Five security levels

offense, assessed dangerousness, escape risk  

Classification system assigns inmate to custody levels based on

which institution the offender goes to 

Classification determines

Determine what the offender needs (rehabilitation or security) and assess them for their crime committed (what rehabilitation program)

Need Risk Assessment is used for what

Adult internal management system (AIMS)

assesses inmates predatory potential using  

jails

Locally operated short-term confinement facilities ; hold people who are being detained pending trial or who were committed after trial, usually those sentenced to a year or less  

740,700, 14

Jails hold _____ inmates, ___% of which are woman  

60%

What percent of people in jail are NOT convicted?

14,500

Average annual housing of one inmate is over $___ 

Problems faced by jailed women 

• Lack of classification system for women  

• Lack of facilities geared for female offenders  

• Education levels are low 

• Drug abuse  

• Pregnancy and lack of medical programs  

• Child Support  

22

___% of correctional officers are women 

60, 1

% of support staff are women but only __ in 10 chief administers are female