Quiz 3 Flashcards
Collateral Consequence
legal and regulatory restrictions that
prohibit people convicted of crimes from accessing employment, business
and occupational licensing, housing, voting, education, and other rights,
benefits, and opportunities
How rights are lost
Civil rights can be lost through judicial discretion, licensing agencies, or statute; vary by state
Examples
- voting
- owning gun
- parental rights
Adverse Childhood Experiences(ACE)
Childhood experiences of abuse,neglect and family dysfuntion and how it impacts their development
How much of U.S population has at least one ACE?
64%
Prison population with at least one ACE
98%
What happens when youth are referred to Juvenile Services?
- Taken to local justice center and are questioned and fingerprinted
- If necessary youth may be detained for 2 days before seeing judge
- If accused of violent felony and not detained, they will be put on electronic monitoring
Juvenile Crime and Response in MD
Maryland moved away from an emphasis on
punishment and incarceration to a
mix of treatment when it comes to the juvenile
justice system.
Alternatives included:
-Community conferencing
-The state screened for mental health needs and
diverted youth
-Department of Social Services is more involved
-Use of community detention with electronic or
GPS monitoring.
Juveniles/Youth on Probation
Youth Probation w/o electronic monitoring is the most common outcome
in cases referred to the juvenile courts
Most common probation cause
About ½ of youth are on probation for a status offense
Approx. 9% of juveniles are on probation for serious violent crime
Approx. 21% of juveniles are on probation for serious property crime
Status Offense
An offense that would not be illegal if committed by an adult
Ex: Truancy, Underage Drinking, Running Away from home
Age and Length of Demographics
80% are between 14-17
- Some states place children as young as 10 on probation (MD is one)
*Youth can remain on probation until age 21(most states)
Demographics
- Black and Brown youth
are disproportionately
represented in the
juvenile system. - About 2/3 of all youth
on probation are
people of color - Black youth are placed
on probation 3x more
often than their white peers
Juvenile Probation Conditions
Probation often includes a combination of placement in a treatment center or a secure probation facility and/or community-based probation that keeps the youth in their home,
checking in with their probation officer
Juvenile Probation Conditions Examples
- Pay restitution and/or do community service
- mandatory participation in meetings and treatment activities
- requirements to attend school
- obey parents and submit to random searches
- wear an electronic monitoring device
- prohibitions against associating with others who are on probation
- ALL conditions are rooted in a surveillance-compliance model of probation AND has not proven effective in limiting rearrest rates or promoting positive behavior change
- Research has shown that processing youth through the juvenile justice system can increase
a youth’s chance of acting out again, creating a cycle of delinquency and court involvement.
Juvenile Probation Conditions (Pt. 2)
- All conditions are rooted in surveillance compliance model of probation; has not been proven effected in limiting arrest/behavior
- Processing youth through juvie can increase chance of acting out again; creates cycle
Violation of Youth Probation Orders
- 14% of all youth confined in residential custody by delinquency courts were charged with a technical violation of their probation, not breaking the law
- The juvenile court does encourage deferred
prosecution/diversion programs before incarcerating
youth
A more effective Juvenile Probation System
Offering support — not surveillance: brain
not fully mature until age 25 risky behaviors commonplace in teens; Most youth grow out of delinquency
* Adopting a less is more approach for low-risk
youth
- Nurturing maturity. Programs that boost psychosocial
maturation through positive youth development opportu
nities and counseling - Incentivizing positive behavior — not punishing
misbehavior
Female Pathways to Crime
- Childhood victimization
- Drugs cope w/ pain of abuse as well as other stressors
- Poverty or economic motivation often contributes to both women’s involvement
in the drug trade or prostitution (sex for drugs) - poor economic
conditions they face and the desire for monetary and material possessions
Incarcerated Women v. Men
- Women under correctional supervision are more likely to have experienced
physical and sexual abuse - Women inmates suffer a great deal more from mental illness than male
inmates - Both use drugs for different reasons
- Correction system designed for men
Offending Patterns of Women
- Women are convicted primarily of
property and drug offenses - The majority of violent offenses are
in the simple assault category - less likely to have been
convicted of a violent crime and are less likely to use a gun or other weapon in the commission of a
crime - lower
risk of institutional misconducts and
reoffending in the community than
male offenders
Women and their Children
- 2/3 of incarcerated women have at least 1 child
- 75% of women are primary caretakers of children, and
women are 3x more likely than men to head a single parent
household. - Adoption and Safe Families Act of 1997 (ASFA)
Adoption and Safe Families Act of 1997 (ASFA)-
requires termination of
parental rights when a child has been in foster care for 15 or more of
the past 22 months
- Average prison terms for women are 18 to 20 month
- Only 28% of children of female offenders live with their childs other parent
- 35-40% of children of female offenders go into foster care
Reentry for Women
Women offenders leaving prison must:
- Confront problems that were left behind
- Stay clean and sober
- Return to a primary caretaker role for their children
- Earn a livable wage
- Obtain reliable child-care and transportation
- Find safe and sober housing for themselves and their children
- Put their treatment needs firs
Reentry and Transition Issues
- Criminogenic Needs (addressing conditions likely to causecriminal behavior) are different
- Trauma/Victimization
- Drug treatment
- Parenting/Custody issues
- Risk assessment instruments are usually designed for
males who commit crimes may not be as valid for
women - Maryland maintains 9 prerelease facilities but NONE for Women.
- Argument against a prerelease center for women= $13,000 more per
woman than men.
Pre-release centers
- 1 in 10 women qualify for prerelease
- Prerelease programs provide women within 18 months of release with crucial opportunities to
resume working, reconnect with family, and reestablish access to medical and mental health
services
Pre-release centers
lowest possible security level, assigned to individuals with
good behavior and who present the least risk of violence or escape.
- April 2022, Maryland committed $2 million to a women’s prerelease center BUT Nothing
else has happened yet.
ACE
Adverse CHildhood Experiences
How many ACE’s could result in system involvement
Contribute to the criminal legal system by
approx. 50-60% of offenders
Tpes of ACE’s
- abuse (physical emotional sexual)
-neglect (physical and emotion)
- household dysfunction
(mental illness, battered mother,divorce, incarcerated relative drugs)
Ripple effect of ACE and juvenile jsutice system
- negative impact on development/behaviors
- retraumatization
- multiple contact w/ juvenile justice system
- entry in system
ACE General pop v. incarcerated pop in Men
emotional abuse: 35% v. 63%
physical: 19% v. 60%
sexual: 7% v. 49%
emotional neglect : 13% v. 51%
ACE General pop v. incarcerated pop in Women
emotional abuse: 34% v. 59%
physical: 18% v. 54%
sexual: 17% v. 52%
emotional neglect: 13% v. 24%
Strategies to affect the needs of children and families
- parenting training programs
- high quality childcare programs
- social support for parents
- financial support for families
- DV prevention programs
max out
sentenced served
Jobs allowed and not allowed
allow:
- CDL
- bartender
- pilot
not allowed:
- architect
- weed dispensary
- medicine
- psychology
ban the box
Discretionary release-
Parole
Mandatory Supervision –
When good conduct credit subtracted meet
with the amount of time you serve
How successful is parole
Within 3 years approx. 54% of parolees nationwide have
recidivated
Why do people fail on parole?
- The very nature of the prison experience… the psychological and
economic problems that lead to recidivism are rarely addressed
DCREP
DIstrict Court Reentry Program
DCREP Purpose
Help
