Juvenile Justice Test 1

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"miniature adults" vs. dependent
shift caused by social and structural change
miniature adults
miniature versions of their parents, similar reponsibilities, could do everyuthing that adults could but had no legal rights. This was the norm up until the renaissance and the colonial era.
came about in the last half of the 19th century. children were viewed as innocent and needed to be protected and vulnerable. kicked off by the social and structural change during the industrial revolution.
adolescence (10-11) and adulthood (17/18)
did not exist before the industrial revolution. constructed around the same time as childhood in the late 19th century by the Child Study Group (scientific group composed of bilologists and psychologists who studied developmental stages; lead by G. Stanley Hall). This was a white upper class ideal. immigrants and black people relied on children to work their farms.
3 big laws brought about by progressives
compulsory school attendance laws, child labor laws, and the juvenile court
compulsory school attendance laws
mainly and economic motivation. children required to go to school for a set period of time each year, provdies control over children, promotes literacy for smarter and more efficent workers.
child labor laws
age limits, hour limit, and they have to be paid a certain wage. childeren before this law were exploited as cheap labor. unions had a better hold b/c it reduced competition between youths and adults. also increased financial dependency of adolescence and children.
First juvenile court
Cook county, Illinois in 1899
Consensus model
law is a visible symbol of societies collective conscience (based on shared values).
3 key juvenile institutions in order

1) Houses of refuge
2) reform schools
3) Juvenile courts
Houses of refuge
formal beginning of juvenile justice system. Child Savers didn't want to lock up kids with adults and tehy wanted to keep kids off the streets who were just hanging out and out of work. First house opened in NY in 1825. Focused on Labor (6-8 hrs/day), education (3 hrs.) and moral as well as reliigious counseling. Used age graded differentiation, indeterminate sentences, and gave broad legal power to adults (children could be committed by any adults for doing anything un-normative).
Reform schools
used in rural settings as opposed to the city. Designed to be like a house with a mom and dad watching over 12-15 children. Primarily focused on labor and military drill. First one opened in Westboro, Mass in 1849. Child Saving Principles included segregating older and younger offenders, removal of a troubled youth from his environment, commission without trial or due process (kids were being treated, not punished), indeterminate sentences, and no luxuries. Cottage plans were similar except the houses were made to look more like homes and less like prisions.
Juvenile Justice Court
Daniel O'Brien case- kid simpily sent to a house of refuge in chicago just for being poor, dod not commit a criminal offense. Court ruled that he was being punished, not treated, and he wasn't tried in front of a court. Kids could only be sent if they had committed a felony offense. Illinois Juvenile Court Act of 1899 established separate juvenile courts in Cook county, Illinois. Underlying principles of this new court system was parens patriae. Gave the court unparalleled discretion, made courts paternalistic instead of adversarial, and they need a proponderance of evidence instead of beyond a reasonable doubt (lower standard of guilt). Juveniles did not get lawyers, appeals, or hearsay evidence (but now they do). Hearings in Juvenile Courts were confidential and private, kids were dispositioned instead of sentenced, records were not open to public or media, proceedings were informal (less like a court), and nor formal distinctions made between delinquents and neglected children. Judicial Therapist (doctor/counselor formula, judeges to establish a 1-1 relationship with kids.). Personalized justice: learn as much about as a kid as you can (lifestyle, environment, immigration, religion, family, poor, rich), evaluated kids life (not his act), and used indeterminate or non-proportionate (different for every child, had nothing to do with what you did). Reality of child savers reforms were that kids in facilities were subject to hard labor and strict punishments and that due to more professionalism among working class corrections officers a more pragmatic goal of maintaining order insted of rehab was started.
Edifice complex
view that the solution to human problems is a new institution. Cycles through, instead of looking at a problem, they just build an institution, which becomes inhumane, so you build a new one.
Establishment of training school and juvenile court in Memphis, Tenn
Shelby County Industrial and Training School for Kids (example of child saving designed by upper class for lower class; there was a need to get kids off the streets). 90% of the founders of the school were upper class. Memphis Juvenile Court: 74% of ppl who established it were upper class. Most kids who went through it were lower class property or status offenses.
New York Childrens Aid Society's Placing Out Plan
Started orphan trains that took kids from NY and sent themout west to be raised by American protestant families on farms since they didn't move on their own (free labor). "Children would find their first homes". A lot of kids weren't orphans, their parents weren't 'suited' to raise them (founder thought immigrants could not raise their kids, said parents were ignorant, but the kids were quick and bright, were described as animal like and not human). Wanted to save children and convert them to protestant. Turning points (serious mis-steps) for males: serious criminal offense (murder, etc.) females: not a virgin. Most kids were catholic immigrants. No real social solution achieved.
Founder of NY Childrens Aid Society
Charles Loring Brace: Yale man and minister
2 enduring implications of Child Savers Progressive Reform

1) politicalization of childhood
2) Differentiation of deserving and undeserving poor (parents-undeserving- and kids-deserving)
Key Court cases associated with the 3rd wave of juvenile justice reform.

1) Kent vs U.S. (1966)
2) In re Gault (1967)
3) In re Winship (1970)
4) McKeiver v Pennsylvania (1971)
5) Roper vs Simmons (2005)
Kent vs U.S. (1966)
gave some procedural safeguards to juveniles facing waiver hearings (ex. could have a lawyer is you faced possibility of adult court trial)
In re Gault (1967)
Right to confront and cross-examine witnesses, right o have advanced notice of what their charges are, right to counsel (if facing confinement), right to appeal or review, privilidge to not self-incriminate, right to have trial transcript. Gave many due process rights to kids that could face confinement.
In re Winship (1970)
"burden of proof" became beyond a reasonable doubt.
McKeiver v. Pennsylvania (1971)
ruled that kids now have rights to a jury
Roper vs Simmons (2005)
outlawed the death penalty for ppl under 18
Criticisms of the first wave of juvenile justice reform
was the turn of the century juvenile court movement. Progressives established juvenile courts in cities across the nation. Problems included inconsistent administration (urban and rural courts differed greatly; urban areas tried juveniles with adult offenders) and horendous conditions (tried to become training schools run by training staff; became more labor focused).
2nd wave of juvenile justice reform
WWII through late 1950s. Started by American Law Institute which wanted to change the juvenile justice system to something dominated by experts. Characterisitcs included an increased role in scientific research and experts in juvenile justice system, reduce the number of youths sent to these institutions, large central location schools to lower security systems closer to childrens homes (involve kids family in rehab process). Legislation would not pay for all of this so they ended up expanding the same institutions that they tried to abolish.
3rd wave of juvenile justice reform
biggest influence was the civil rights movement. "Great migration" (large black population shift from south to north due to northern factory jobs and southern racial hostility and Jim Crow laws). Segregated into ghettos in the cities thus increasing the visibility of inequality. African Americans were treated badly, which brought a mass of ppl to an educated black middle class which gained a political influence. Brown vs. Board. High Crime rate (increased by 95%). recessions from '69-'70 and '73-'75. weakened support for the rehabilitative ideal. Wanted to give juveniles rehab and protect them from abuse. Rehab and indeterminate sentencing thought to increase discrimination. Youths acquired new rights in court. There was a shift in retribution in the 1970s (get tough justice; prision population grew by 700%). Symbolic racism (terms crime and welfare came to subvertly refer to minorities). In the 1980s, easier waiver policies were instated making it easier to transfer juveniles to adult court. Also there was a switch to determinate sentencing
key factors of "get tough" justice
a shift to retribution, crack cocaine raised crime, most ppl on welfare are white (thus creating an even lower class that was black), media coverage of crime rose by 83% in 1993 even though crime went down 20%.
social disorganization theory (1942)

Causes were immigration, urbanization, industrialization, and a spike in crime because of great depression. Neighborhoods in zone 2 (zone of transition) had a distinct set of social conditions including poverty, high population instability, heterogeneity, lots of minorities, high rates of racial and ethnic diversity, and cheap housing/physical decay. Even though neighborhoods experienced rapid population turnover, they still experienced high rates of crime. Lack of trust btw neighborhoods. Social conditions in zone 2 led to social disorganization which lead to both crime and delinquent subcultures. Zones:
1) Central Business District
2) Zone of Transition
3) working class homes, apartments, single family
4) residential zone, homes with garages and yards
5) suburbs, commuter zones
Merton's Theory of Anomie (1957)

People naturally want to conform but are pushed to commit crime. There are 2 requisites for moral regulation to retain its binding force:
intrinsic satisfaction- following the rules makes you feel good
extrinsic satisfaction- rules allowed you to obtain some goal.
Culturally defined goals and socially approved means: there are rules in the games you have to play in order to obtain the goal. In the U.S. the need to be successful is #1. Must obtain success through individual hard work. In a healthy society goals and means are equal; in the U.S. the goal is valued more than teh means. Disjunction between goals and means gives rise to anomie (normlessness). 5 possible modes of individual adaptations:
1) conformity (keep both goals and means)
2) innovation (keep goals, reject means)
3) ritualism (reject goals, keep means)
4) retreatism (screw both goals and means)
5) rebellion (show society that something is wrong with it)
Rational choice theory

From classical criminology, emerged in enlightenment.
Key Reports:
1) humans are sensual/hedonistic beings (all human behavior is motivated by utility; balancing pleasure over pain)
2) humans are rational (use reason to figure out how you can use utility)
3) humans are naturally free as individuals (they have free will which supposes that people have choices).
Key Commands (stop someone from committing crimes):
1) punishment should create utility
2) punishment must outweigh crime
3) punishment should deter crime
4) punishment should serve as evidence (clearly define punishment and make them public)
5) Punishment was: swift, certain, proportional, consistent, minimal (now is certainty, celerity, severity)
6) social utilitarianism: greatest good of the greatest number
Agnew's General Strain Theory (1992)

3 main causes of strain (negative relationships):
1) someone from preventing you from obtaining positively valued stimuli
2) Someone taking away/threatening positively valued stimuli
3) Introducing, or threatening to introduce negatively valued stimuli
** These relationships cause negative emotions (anger, sadness, revenge, depression)
Route to delinquency:
1) self dialogue; no big deal
2) more likely to do the same thing
3) delinquent peers make you more delinquent
4) low personal self control
5) personal coping messages
6) young ppl are more likely to commit devience
7)when other coping methods have been maxed out
Gottfredsons and Hirschi's Self Control Theory (1990)- what it is and 6 components

Asserts that self control is primary mechanism blocking anti-social behavior; and inner trait standing between you and benfits of crime.
6 Components of self control:
1) impulsivity (living in the moment, present orientation, inability, inability to delay gratification)
2) simple tasks (prefer things that take little skill or planning)
3) self-centered (selfish, dont care much about others, insensitivity to feelings and needs of others)
4) Risk-seeking (motor cycles, roller coasters, adventures, speed seeking)
5) Physical (prefer physical activity rather than mental or cognitive)
6) Hot-tempered (high strung, fired up, get mad easily)
Self Control Theory Continued- What produces it

Self control is the product of effective parenting, 3 key aspects:
1) Monitor kids behavior
2) notice when they do something wrong, express disapproval
3) punish deviant act (proportionate punishment)
**authoritative parenting is best (demanding but loving)
Self Control Theory- What it explains

Low self control is teh chief cause of not only crime and delinquency but also os "analogous behaviors" (not outside the law, but shares same characteristics as crime, short term benefit for long term cost)
Many traditional explainations of crime are in fact consequences of low self control.
**less bonds with parents and disadvantaged lifestyle can be attributed to low self control
Self Control Theory- when it develops

Level of self control is established early in life, and remains stable over the life course.
**established by age 8-10
**Self control must be established by a critical age , and after which it cannot be altered by any further methods of socialiazation or rehabilitation.
Kep propositions of Sutherland's Differential Association Theory

1) Delinquency is learned like any other behavior
2) it describes the content of what is learned, and the process by which learning takes place (techniques, motivation, rationalizations to commit a crime)
3) associating with others in intimate groups (may influence one's thought of whether laws are favorable or unfavorable).
4) Occurs when defintions unfavorable to the law outweigh those favorable to the law
5) associations vary according to frequency , duration, priority, intensity, who tells you, how old you are, how intense it seems, how often it's told to you
**the cause of crime are ideas and meanings
Theoretical model (Sampson and Laub's Age graded theory of Informal Social Control)

Delinquency is affected by a lack of family, scool, and peers. Socioeconomic, disadvantage, and structural factors affect bonds kids have.
If at 15 to 18 you start commiting crime this reduces adult bonds which causes adult crime.
**The consequences of delinquency and antisocial behavior = cumulative disadvantage
**If you can obtain adult social bonds, you'll be ok
Trait Theory Reports

1) delinquents are a distinct type by brith
2) the differences predispose these individuals to delinquency
3) delinquents can be identified by their genes
4) assumes kids commit delinquency because of some sort of abnormal biology or psychology (predisposed to commit crime)
5) Free Will (indeterminism) vs. determinism
Hirschi's Social Bond Theory- Cause of delinquency
humans are selfish (pursue balance of pleasure over pain without regards to others; do what easiest to get what they need or want)
Social Bonds Theory- What prevents crime

4 key elements:
1) Attachment (relationships with others involving warmth, caring, sensitivity to others goals and expectations)
2) Commitment (state of conformity)
3) Invovlment ("idle minds are the devils workshop"; if your involved, you won't have time to rob a store)
4) Belief (in moral validity of the law)

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