ch 12- juvenile justice

Comparative Criminal Justice 5th Edition Chapter 12: Juvenile Justice in International Perspective Adrianna Hughes University of Scranton Learning Objectives: Chapter 12 Explain the definition of juvenile justice and its variations Discuss the way in which delinquency is measured and adjudicated Summarize four primary international agreements that address juveniles and the legal process Explain variations in punishment versus rehabilitation as a philosophy in dealing with juvenile law violations Compare delinquency prevention approaches in terms of their use and effectiveness Examine juvenile justice operations in the six model countries Discuss the visibility of juvenile justice proceedings, the community context of delinquency, and anticipating trends, and their importance to the future of juvenile justice Comparative Criminal Justice Systems 5th Edition What is Delinquency? Comparative Criminal Justice Systems 5th Edition Nations around the world have drawn an arbitrary line to distinguish juveniles from adults Delinquency- when a criminal act is committed by a person under the legal age established by the government. The same illegal act committed by someone who has reached this age threshold is considered to be a crime Most commonly used accepted age of adult responsibility= 18 Status offenses- acts for which only juveniles can be held liable. Ex: truancy, curfew violations, running away Measuring Delinquency Comparative Criminal Justice Systems 5th Edition True extent of delinquency is unknown Examining arrest trends within and among countries is not a reliable way to assess trends in juvenile crime Self Reports -alternate way to study and measure the extent of delinquency. They are anonymous interviews or questionnaires administered to juveniles in which they self-report the types and extent of the delinquency they have engaged in, whether or whether not it was ever detected by authorities. Comparative Criminal Justice Systems 5th Edition Self-reports have existed for 70 years and their results have been consistent in showing that nearly all juveniles break the law at one point or another but that only a small proportion engage in persistent or serious criminal behavior. The behavior of youth offending is similar in each country. Self-reports reveal higher numbers of offending than official police statistics, because most offenders are never caught. Juveniles who are arrested are largely male, poor, and minorities Measuring Delinquency Comparative Criminal Justice Systems 5th Edition Adjudicating Juveniles Three Basic Philosophies 1. Rehabilitative- serve best interests of child by changing juveniles ability to lead a life that conforms with the law Adjudication outcome- rehabilitative treatment of juvenile 2. Due Process- serve best interests of justice by ensuring a fair and equitable proceeding Adjudication outcome- in accord with the rule of law (process more important than outcome) 3. Punitive- serve best interest of public by making sure that public safety is not put in jeopardy. Adjudication outcome- punishment to ensure public safety Adjudicating Juveniles Parens Patriae- refers to a medieval doctrine stating that the English Crown was able to intervene in family matters if the parents were unable or unwilling to care for the welfare of the child Adjudication Initiatives 1. Specialized training for juvenile court judges- to develop understanding of differences in underlying philosophy, law, adjudication, and disposition alternatives in juvenile cases 2. Specially trained police units for juveniles to make maximum use of diversion and community resources in handling juvenile delinquency Comparative Criminal Justice Systems 5th Edition Adjudicating Juveniles 3. Use of juvenile records- to achieve consensus regarding whether or not juvenile court records can be used after the youth reaches adulthood. 4. Legal representation in court- to ensure that arrested youth and their parents are informed of legal rights and options during adjudication 5. Parental responsibility- to inform parents of juveniles that they are required to attend court proceedings in most countries Comparative Criminal Justice Systems 5th Edition United Nations and Juvenile Justice The Convention on the Rights of the Child- Created in 1990 and since has been ratified by nearly all UN member countries. No other international agreement relating to justice has such universal support. It defines a child as a person under 18 years of age, and established many protections, such as protection against cruel, inhumane, and capital punishment. It states that arrest, detention, or imprisonment of a child shall be in conformity with the law, that every child deprived of his or her liberty shall have the right to prompt access to legal and other assistance, and that children accused of law violations shall be treated in a manner consistent with the promotion of the child’s dignity and worth. Children are considered guilty until proven guilty, should have appropriate assistance in the preparation and presentation of his or her defense, and must not be compelled to give testimony or to confess guilt; it also describes related legal protections. Comparative Criminal Justice Systems 5th Edition United Nations and Juvenile Justice Comparative Criminal Justice Systems 5th Edition The Minimum Rules for the Administration of Juvenile Justice- adopted in 1985. These rules are historic in that they constitute the first international legal instrument to detail comprehensive rules for the administration of juvenile justice with a child’s rights and child development approach. The Rules for the Protection of Juveniles Deprived of Their Liberty- adopted in 1990. They are standards for the treatment of persons under age 18 when confined to any institution or facility by the order of the court or similar body. These rules set forth principles to universally define the circumstances under which children can be deprived of their liberty. United Nations and Juvenile Justice The Guidelines for the Prevention of Juvenile Delinquency- Adopted in 1990. They represent a proactive approach to delinquency prevention involving the roles of the family, the school, the community, the media, social policy, legislation, and juvenile justice administration. It should involve efforts by the society to ensure the development of adolescents into productive adults. Countries are encouraged to develop community based interventions to prevent children from coming into conflict with the law, and to use legal systems only as a last resort. Comparative Criminal Justice Systems 5th Edition Findings on Delinquency Prevention A number of youth violence intervention and prevention programs have demonstrated that they are effective; notions that nothing works are false Most highly effective programs combine components that address both individual risks and environmental conditions, particularly building individual skills and competencies, parent effectiveness training, improving the social climate of the school, and changes in type and level of involvement of peer groups. Comparative Criminal Justice Systems 5th Edition Findings on Delinquency Prevention Comparative Criminal Justice Systems 5th Edition Rigorous evaluation of programs is critical. While hundreds of prevention programs are being used in schools and communities throughout the country, little is known about the effects of most of them. Nearly half of the most thoroughly evaluated strategies for preventing violence have been shown to be ineffective- and a few are known to harm participants. In schools, interventions that target change in the social context appear to be more effective, on average, than those that attempt to change individual attitudes, skills, and risk behaviors. Findings on Delinquency Prevention Comparative Criminal Justice Systems 5th Edition A child’s involvement with delinquent peers and gang membership is one of the most powerful predictors of violence, yet few effective interventions have been developed to address these problems. Program effectiveness depends as much on the quality of implementation as on the type of intervention. Many programs are ineffective not because their strategy is misguided but because the quality of implementation is poor. England Comparative Criminal Justice Systems 5th Edition Many similarities to that of the United States. Youths under age 18 in England can be tried in adult courts and can receive an adult sentence in serious cases. In cases where homicide is charged, trial as an adult is mandatory. On the other hand, children under 10 cannot be prosecuted for any offense, but those between 10 and 13 can be prosecuted for serious offenses. A “young person” is 14-17 and is considered responsible under law, and juveniles as young as age 14 can be tried as adults for serious crimes. The juvenile court was replaced by a “youth court” where proceedings are not public, although its mandate is quite similar to that of juvenile court. Youth custody involves combined vocational, counseling, and education for repeat juvenile offenders between the ages of 15 and 21. In recent years England has expressed great concern over persistent young offenders and has passed the Crime and Disorder Act and the Youth Justice and Criminal Evidence Act. France Comparative Criminal Justice Systems 5th Edition Began in 1945 –treatment of juveniles was removed from the adult prison setting Principles: individualized treatment and sparing use of removing juveniles from their home and community environment Children under 13 are exempt from court proceedings Between 13 and 15- can be held responsible for serious crimes Between 16 and 17- can be sentenced as adults under certain circumstances Age of adult criminal responsibility- 18 France Juvenile judge handles cases from beginning to end Procurator- responsible for initiating the prosecution process Purpose to find appropriate treatment for juvenile instead of finding guilt or innocence Court process is less formal Comparative Criminal Justice Systems 5th Edition Germany Philosophy- punishment is not an effective way to deal with crime Age of adult criminal responsibility- 18 Youths as old as 20 can be tried as juveniles Germany sees criminal responsibility as occurring only after a child is fully socialized and morally developed Unique emphasis on rehabilitative efforts Comparative Criminal Justice Systems 5th Edition Comparative Criminal Justice Systems 5th Edition China 1999- China enacted first law focusing on the prevention of juvenile delinquency, which emphasized treatment, education, and protection Juvenile courts For offenders ages 14-18 “double protection”- to protect the juvenile and the community Courts act as parent Japan Comparative Criminal Justice Systems 5th Edition All cases involving juveniles ages 14-19 are sent to Family Court 3 types of juvenile misconduct Those between 14-20 who violate criminal law A “law-breaking child” violates the criminal law under 14 A “pre-offense juvenile” commits a status offense such a running away Operates under Parens Patriae Commitment to rehabilitation Saudi Arabia No separate juvenile justice system, age of majority is not defined and is not a controlling factor in the adjudication process. Corporal punishment is seen as having deterrent value commonly used. The United Nations Committee on the Rights of the Child has expressed international concern about discrimination against women and non-Muslims in Saudi Arabia, and about the need to end floggings of children. Criticized for failing to live up to its responsibilities regarding human rights treaties. The justice process is based on the principle of social rehabilitation of convicted persons, and males under 18 are placed in surveillance centers rather than in public prisons. Reform and rehabilitation programs are based on religious instruction, social reorientation, education, training, and work. Comparative Criminal Justice Systems 5th Edition Comparative Criminal Justice Systems 5th Edition The Future of Juvenile Justice Three Key Issues Visibility- The visibility of the juvenile justice system tends to be less visible than the adult trial system. Juvenile hearings are often closed, and there is often little public interest in their cases after they are adjudicated. Abuse is prone to occur when there is little oversight. A decline in the juvenile crime rate has led to juvenile justice becoming a low priority, resulting in less funding, fewer, underpaid staff and more over crowded facilities. This situation is fertile ground for mistreatment of young people. Adequate oversight of the juvenile justice process is crucial to prevent the misuses of the government’s authority in handling juveniles Comparative Criminal Justice Systems 5th Edition The Future of Juvenile Justice Community- When a juvenile is charged with a crime, it is forgotten that juveniles are the products of their families and neighborhoods. They are not adults and therefore need adequate attention to grow into productive adults. It is important that the future of the system be guided by the recognition that communities are essential to producing delinquency, and essential in its prevention and in the reintegration of delinquents in society. Comparative Criminal Justice Systems 5th Edition The Future of Juvenile Justice Anticipating trends- It is important that nations do a better job at anticipating trends that will affect juvenile justice. Many countries are expecting declines in birth rates, but the increase in birth rates among indigenous groups and minorities. Analysis of current trends can help us anticipate coming problems before they become serious. Current delinquency trends such as school violence can be anticipated sooner with more research and analysis of social behavior, economics, and demographic trends. Current Event Read the following article, which has local ties? What are the obvious ethical issues? How does the United States usually treat juveniles? Are they treated more like children or adults? Is the emphasis on rehabilitation or retribution? http://www.huffingtonpost.com/huff-wires/20100723/us-courthouse-kickbacks/ Current Event Follow the following link and type in Pennsylvania in the State Search Box Answer the following questions How is detention organized? When is diversion used? What are the victims rights and services? http://www.ncjj.org/ Current Event Follow the same link on the previous page and answer the following questions for any other two states: How is detention organized? When is diversion used? What are the victims rights and services? Compare and contrast the differences between all 3 states. http://www.ncjj.org/