Juvenile Delinquency Final

Discuss the Due Process Era, the Get-Tough Era, and the Reassertion of Youth Differences Era, with examples of court cases (2 cases/era) in each illustrating our society’s treatment of youth. Additionally, in your answer, discuss two specific artifacts (media or paper) from the Special Collections Library visits, Ian Manuel’s story from My Time Will Come, and excerpts from the video “This Company Profits Off the Most Vulnerable Children in the US” that illustrate society’s different conceptions of youth (20 points)

The treatment of youth in the United States has changed through three main eras: the Due Process Era, the Get-Tough Era, and the Reassertion of Youth Differences Era.

The Due Process Era (1960s–1970s) focused on fairness and protecting juveniles’ rights. During this time, youth were given constitutional protections such as the right to a lawyer and notice of charges . For example, in In re Gault (1967), juveniles were granted due process rights, and in In re Winship (1970), the Court required proof beyond a reasonable doubt. This shows society viewed youth as needing protection.

The Get-Tough Era (1980s–1990s) emphasized punishment and control. Youth were seen as dangerous, leading to harsher penalties and more transfers to adult court. For example, Schall v. Martin (1984) allowed preventive detention, and Stanford v. Kentucky (1989) allowed the death penalty for juveniles at the time. This shows society viewed youth as criminals who needed punishment.

The Reassertion of Youth Differences Era (2000s–present) recognizes that youth are different from adults and capable of change. For example, Roper v. Simmons (2005) banned the death penalty for juveniles, and Miller v. Alabama (2012) banned mandatory life without parole. This shows society sees youth as less responsible and more capable of rehabilitation.

These ideas are also shown in real examples. In the Special Collections worksheet, the focus was on helping youth adjust and be supported, reflecting rehabilitation. In My Time Will Come, Ian Manuel was harshly punished as a child, reflecting the Get-Tough Era, but his growth shows youth can change. In the video “This Company Profits Off the Most Vulnerable Children in the US,” youth are treated as profit in detention centers, showing a continued focus on punishment rather than rehabilitation.

---

🧠 Bullet Version (MEMORIZE)

Due Process Era

• 1960s–70s → fairness + rights

• Rights added (lawyer, charges)

• Cases:

  • In re Gault → due process

  • In re Winship → beyond reasonable doubt

• View: youth need protection

Get-Tough Era

• 1980s–90s → punishment

• More adult court, harsher sentences

• Cases:

  • Schall v. Martin → detention

  • Stanford v. Kentucky → death penalty allowed

• View: youth = criminals

Reassertion Era

• 2000s–present → development

• Brain science, rehabilitation

• Cases:

  • Roper v. Simmons → no death penalty

  • Miller v. Alabama → no life w/o parole

• View: youth can change

Examples

• Special Collections → helping youth (rehab)

• My Time Will Come → harsh punishment (Get-Tough)

• Video → profit off youth (punishment system)

Jack, a 14-year-old male, was caught stealing a car stereo from his neighbor’s car by police. Describe the process of how Jack will be moved through the juvenile justice system. In your answer, discuss how this process differs based on demographic (race, gender, sexuality) variables – discuss cumulative disadvantage in your response? (20 points)

 Initial contact with police

 Intake

 Jurisdiction (Juvenile Court vs. Adult Court – discuss three types of waivers)

 Diversion (discuss how and when this can happen throughout the process

and what it is)

 Detention

 Plea bargaining

 Adjudication stage

 Disposition

When Jack, a 14-year-old, is caught stealing, he moves through several stages in the juvenile justice system. First is police contact, where the officer decides whether to warn or arrest him. Next is intake, where a probation officer decides to dismiss, divert, or send the case to court. Then comes jurisdiction, where it is decided whether Jack stays in juvenile court or is transferred to adult court through judicial, prosecutorial, or statutory waiver.

Diversion can happen at different stages and allows youth to avoid formal court through programs like counseling. If not diverted, Jack may be placed in detention before trial. He may go through plea bargaining, where he admits guilt for a lesser outcome. At the adjudication stage, a judge decides if he is delinquent, and at disposition, the judge decides the punishment, such as probation or placement.

This process is affected by cumulative disadvantage, meaning inequalities build over time. For example, minority and low-income youth are more likely to be arrested, detained, and receive harsher outcomes.

---

🧠 Bullet Version

Steps

• Police contact → warn or arrest

• Intake → dismiss, divert, or court

• Jurisdiction → juvenile vs adult

  • Judicial waiver

  • Prosecutorial waiver

  • Statutory waiver

• Diversion → avoid court

• Detention → held before trial

• Plea bargaining → admit guilt

• Adjudication → judge decides

• Disposition → punishment

Cumulative Disadvantage

• Inequality builds over time

• Minority/low-income → harsher outcomes

Compare and contrast the different alternatives (discuss five) for punishment within the juvenile justice system. How does this connect to the different eras discussed in class?

he juvenile justice system includes several alternatives to adult-style punishment that focus on rehabilitation. One option is probation, where youth remain in the community under supervision. Restitution requires youth to repay victims, and community service requires them to give back to the community. Diversion programs allow youth to avoid court through counseling or education, and treatment programs address issues like mental health or substance use. Another option is restorative justice, where youth work with victims to repair harm.

These alternatives connect to the different eras. The Get-Tough Era focused on punishment and incarceration, while the Reassertion of Youth Differences Era focuses on rehabilitation and prevention, showing that youth are capable of change.

---

🧠 Bullet Version

Alternatives

• Probation → stay in community

• Restitution → pay victim

• Community service → give back

• Diversion → avoid court

• Treatment → therapy/programs

• Restorative justice → repair harm

Eras Connection

• Get-Tough → punishment

• Reassertion → rehabilitation

Define and discuss the concepts of school bonding and school engagement (these responses are multifaceted). How do these concepts correlate to academic achievement?

School bonding is the school attachment, school commitment, and also teacher attachment.

• School attachment is an emotional connection to the school

• School commitment is considered investment in schoolwork and grades

• Teacher attachment is a positive relationship or emotional bond with a teacher

  • Boys impacted by all three; girls impacted by most teachers

School engagement- School attachment, behavioral engagement(Involvement in academic activities and participation in school-based social activities), and cognitive engagement (challenging activities)

• Hirshfield and Gasper— School and behavioral attachment led to a decrease; cognitive led to an increase. Strong bonding and engagement, lead to higher achievement and lower delinquency.

Define and discuss bullying and cyberbullying and how it relates to delinquency. In your answer, discuss the differences between indirect and direct bullying, as well as gender differences in the type of bullying experienced.

Bullying: The use of physical strength or emotional influence to intimidate another individual.

Cyberbullying: The use of technology such as social media sites or texting to intimidate another individual

The characteristics of it, is repetitive, aggressive and targets those who are powerless; a way to stigmatize the label

Direct: Physical attacks, including threats of physical harm

Indirect: slander, social exclusion, manipulation

Those who are bullied often are more anxious, lonely, insecure; have greater difficulty making friends; drop in grades and absenteeism; suicide ideation.

Research has found that girls are more likely to engage in indrect and boys in direct bullying

7. Compare and contrast two primary hypotheses about how peers and friends matter to delinquency. Use an example from your own life – how did either of these theories (or both) influence you from either participating or abstaining from delinquency as a youth?

The socialization hypothesis states that youth who socialize with delinquent friends are more likely to become delinquent themselves. This means behavior is learned from peers.

The opportunity hypothesis focuses on how much time youth spend with friends away from parents, teachers, and other social control agents. More unsupervised time creates more opportunities for delinquency.

These theories often work together. For example, a youth with delinquent friends (socialization) who is also unsupervised (opportunity) is more likely to engage in delinquency.

8. Compare and contrast the four stated reasons, as stated in your text, as to why youth use drugs in the United States. How are these theories applicable to your own life (you only need to discuss one) as a youth?

Adolescents and substance use:

• Researched the drug and planned for the experience

• Friends’ experiences were references

• Social and fun; let loose

• Focus on the immediate moment and place in time
  
  NOT DONE

Youth use drugs for several reasons. They may research the drug and plan for the experience, showing that use can be intentional. They often rely on friends’ experiences as references, meaning peer influence is important.

Drug use is also seen as social and fun; a way to let loose, especially in group settings. In addition, youth tend to focus on the immediate moment and place in time, meaning they prioritize short-term enjoyment over long-term consequences.

These reasons show that drug use is influenced by peer pressure, social context, and a focus on the present, rather than just lack of control.

9. According to Mendel, what is wrong with America’s juvenile correctional facilities? List and explain five of them.

1. Dangerous: America’s juvenile corrections institutions subject confined youth to intolerable levels of violence, abuse, and other forms of maltreatment

2. Ineffective: The outcomes of correctional confinement are poor. Recidivism rates are almost uniformly high, and incarceration in juvenile facilities depresses youths’ future success in education and employment

3. Unnecessary: A substantial percentage of youth confined in youth correctional facilities pose minimal risk to public safety.

4. Obsolete: Scholars have identified several interventions and treatment strategies in recent years that consistently reduce recidivism among juvenile offenders. None require, and many are inconsistent with incarceration in large correctional facilities.

5. Wasteful: Most states are spending vast sums of taxpayer money and devoting the bulk of their juvenile justice budgets to correctional institutions and other facility placements when nonresidential programming options deliver equal or better results for a fraction of the cost.

11. What are early intervention programs? What specific factors do these programs address? Discuss one early prevention program outlined in your text. In your discussion, discuss the success/ failure of the program.

• Early intervention programs are: Prevention programs that are focused on the time during childhood and early adolescence when youth are receptive to nurturing and supportive environments.

• More risk factors=greater likelihood of delinquency

• They address family, school, peers, and behavior

• Ex: Nurses family partnership program, in where nurses made monthly visits to young low-income teen mothers, provided them support and education for the first two years, had the father, family, and friends involved. It showed success, as there were less delinquency, less abuse, and less in need of economic assistance.

12.Discuss five strategies for improving law enforcement interactions with youth.

1. Approach youth with a calm demeanor, conveying that you are there to help: Youth are especially capable of picking up on an aggressive or judgmental tone from adults.

2. Establish rapport: In order to get juveniles to open up, they must feel comfortable and supported.

3. Be patient: Do not be hurried with juveniles. You may need extra time to work through blocked thinking due to emotions

4. Model the respect you expect in return: Avoid lecturing or criticizing youth.

5. Use age-appropriate language: Youth cannot process language at the level that adults can. In addition, they might need more time to process information. Keeping it simple helps youth understand and follow the interaction.