Chapter 12 Flashcards
Delinquency
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.
Status offenses: acts for which only juveniles can be held liable.
Ex: truancy, curfew violations, running away.
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 is 18 years of age with the minimum age that a child can be held responsible for their acts at 7 years old. Juvenile system treats as delinquent children between the ages of 7-18 for committing acts that would otherwise be crimes.
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, regardless if it was ever detected by authorities.
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.
Adjudicating Juveniles
Three Basic Philosophies of Dealing with Delinquency:
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.
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.
- Specialized training for juvenile court judges - to develop understanding of differences in underlying philosophy, law, adjudication, and disposition alternatives in juvenile cases.
- Specially trained police units for juveniles - to make maximum use of diversion and community resources in handling juvenile delinquency.
- Use of juvenile records - to achieve consensus regarding whether or not juvenile court records can be used after the youth reaches adulthood.
- Legal representation in court - to ensure that arrested youth and their parents are informed of legal rights and options during adjudication.
- Parental responsibility - to inform parents of juveniles that they are required to attend court proceedings in most countries.
Laws to prevent delinquency
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 presumed innocent until proven guilty in accordance with law, 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.
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.
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.
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
Many similarities to that of the United States.
Youth 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
Principles: individualized treatment and sparing the use of methods that remove 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 is 18.
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.
Germany
Philosophy: punishment is not an effective way to deal with delinquency.
Age of adult criminal responsibility is18 but people 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.
China
In 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: Philosophy of protecting the juvenile and the community.
Bangjiao: Help and education and work-study schools.
Courts act as parent.
Japan
All cases involving juveniles ages 14-19 are sent to Family Court.
Three types of juvenile misconduct:
1. Juvenile offenders are those who are between 14-20 years old and violate the criminal law – handled by juvenile justice system.
2. A “law-breaking child” violates the criminal law under 14, but not handled by juvenile justice system.
3. A “pre-offense juvenile” may only commit a status offense, and not a crime, such as 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 and is 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.
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.
