Abstracts and Outlines

Chapter 2: Origins and Transformation of Juvenile Justice

Abstract

Chapter 2 traces the historical origins and recent transformations of juvenile justice in the United States. As perspectives toward juvenile delinquency change, so too do legal responses to it. Focusing on this correspondence, this chapter examines the social construction of "juvenile delinquency" and the origins and character of the early juvenile court. We then consider a series of juvenile justice reforms since the 1960s that have resulted in significant redefinition of juvenile delinquency and redirection of juvenile justice practice.

Chapter Outline

The Social Construction of “Juvenile Delinquency”

• The Discovery of Childhood and Adolescence
• The Parens Patriae Doctrine
• Positivist Criminology

Inventing Justice: Institutional Responses to Juvenile Delinquency

• Poor Laws, Charities, and Pauperism
• Houses of Refuge and Moral Reform
• Placing-Out and Orphan Trains
• Reform Schools
• The Child-Saving Movement
• Creation of the Juvenile Court (1899)
  • Structure and Jurisdiction of the Juvenile Court
  • Legal Authority: Parens Patriae
  • Legal Philosophy and Process: The “Rehabilitative Ideal”

Reforming Juvenile Justice: Transformation of Juvenile Justice Philosophy, Policy, Practice

• Challenges to the Traditional Juvenile Court
• The Due Process Revolution in Juvenile Justice
• The Juvenile Justice and Delinquency Prevention Act of 1974
• Getting Tough: Initiatives for Punishment and Accountability
  • Transfer Provisions
  • Sentencing Authority
  • Confidentiality
  • Juvenile Offender Accountability
• Contemporary Juvenile Justice Reform: Return to Rehabilitation
  • A Developmental Approach to juvenile Justice Reform
  • Evidence-based Practice

Summary and Conclusions

Readings:

1. “The Illinois Juvenile Court Act of 1899” – National Council of Juvenile and Family Court Judges (1998).
2. “Report Brief–Reforming Juvenile Justice: A Developmental Approach” – National Research Council (2012).

Chapter 3: Juvenile Justice Law, Structure, and Process

Abstract

Chapter 3 describes contemporary juvenile justice in terms of the statutory laws that form its foundation and the distinctive structures and processes that characterize it. In a formal sense, the juvenile justice system comprises police, courts, and corrections. However, a substantial amount of juvenile delinquency is dealt with informally, sometimes by agencies not usually considered a part of the "system." In fact, the juvenile justice is really not a "system" at all, but rather a highly decentralized and fragmented array of both public and private agencies. We also discuss how each element of juvenile justice exercises tremendous discretion and relies on diversion to operate efficiently. As a part of this discussion, we briefly describe each of the nine major decision points in the juvenile justice process and the increased importance that has been given to examinations of disproportionate minority contact.

Chapter Outline

“Juvenile Delinquency" and Juvenile Justice in Statutory Law

Structure of Juvenile Justice Systems: Decentralized and Fragmented

Juvenile Justice Process: Discretion, Diversion, and Major Decision Points

• Discretion and Diversion
• Major Decision Points
• Disproportionate Minority Contact

Summary and Conclusions

Readings:

1. Excerpts from Juvenile Offenders and Victims: 2014 National Report – Sickmund and Puzzanchera (2014).
2. “The Cumulative Effect of Race and Ethnicity in Juvenile Court Outcomes and Why Preadjudication Detention Matters.” – Nancy Rodriquez. (2010).

Chapter 4: Data on Delinquency and Juvenile Justice

Abstract

The scientific study of delinquency is based on the ability to gather accurate and valid data. Social scientists have used various research methods to obtain data on crime and delinquency primarily from three sources: "official" records maintained by law enforcement agencies and courts, surveys of individuals who have been victims of crime, and surveys of individuals who self-report involvement in offending. We discuss each of these, comparing the data gathered from these sources, and considering the strengths and weaknesses of each type of data.

Chapter Outline

"Official Data"

• Uniform Crime Reporting Program
• Redesign of the UCR Program
• Strengths of UCR Data
• Weaknesses of UCR Data
• Juvenile Court Statistics
• OJJDP Databases on Youth in Custody
  • Census of Juveniles in Residential Placement (CJRP)
  • Juvenile Residential Facility Census (JRFC)
  • Survey of Youth in Residential Placement (SYRP)

Victimization Surveys

• Strengths of Victimization Surveys
• Weaknesses of Victimization Surveys

Self-Report Surveys

• Strengths of Self-Report Data
• Weaknesses of Self-Report Data

Comparing Data Sources

• Comparing UCR and NCVS Data
• Comparing Self-Report Data to UCR and NCVS Data

Summary and Conclusions

Readings:

1. Excerpts from Juvenile Court Statistics 2014 – National Center for Juvenile Justice (2017).
2. Excerpts from Juvenile Offenders and Victims: 2014 National Report – Sickmund and Puzzanchera (2014).

Chapter 5: The Nature of Delinquency

Abstract

This chapter explores the nature of delinquency by examining the extent of delinquent offenses and the social correlates of offending. We begin by summarizing the research in three key areas of study with regard to the extent of delinquent offenses: prevalence and incidence, relative frequency of different types of offenses, and trends in offending. Taken together, these considerations provide a basic understanding of the extent of juvenile delinquency. The final portion of the chapter presents data from multiple sources to describe offenders in terms of the social correlates of offending: age, gender, race, ethnicity, and social class. A working understanding of both the nature of delinquency (Chapter 5) and the causes of delinquency (Chapter 6) is foundational to subsequent discussion of juvenile justice processes and practices. We must understand the nature of delinquency before we attempt to respond to it through prevention and control efforts.

Chapter Outline

Prevalence and Incidence of Delinquent Offenses

• Self-Report Data
• Official Data

Relative Frequency of Different Types of Offenses

• Self-Report Data
• Official Data

Trends in Delinquent Offenses

• Self-Report Data
• Official Data

Social Correlates of Offending

• Age
• Gender
• Race and Ethnicity
  • Self-Report Data
  • Official Data
• Social Class

Summary and Conclusions

Readings:

1. “Juvenile Arrests 2012” – Puzzanchera (2014).
2. Excerpts from “Violence by Teenage Girls: Trends and Context” – Girls Study Group (Zahn et al. 2008).

Chapter 6: Causes of Delinquency

Abstract

Theoretical explanations of delinquency are at the foundation of any attempt to respond to delinquent behavior. This chapter begins with a brief discussion of the roles of theory and research in the study of delinquency. Delinquency theory and research are usually embedded in particular contexts. The chapter presents a brief inventory of the key concepts and contexts of delinquency that have been offered in theory and supported through research. These concepts and contexts can be grouped into six areas: (1) individual traits (e.g., neurological deficits, biochemical factors, personality traits), (2) situational contexts (e.g., routine activities, rational choice), (3) family influences (e.g., informal social controls, social bonds), (4) peer group influences (e.g., differential association, social learning), (5) neighborhood and community influences (e.g., structural characteristics, collective efficacy, anomie), and (6) school experiences (e.g., school performance, attachment to school, commitment to education). The developmental perspective, which helps to explain the patterning of offending that we tend to see over the life course, invites us to think about how involvement in delinquency might span multiple contexts.

Chapter Outline

Understanding and Responding to Delinquency: The Role of Theory and Research

Key Contexts, Theories, and Concepts

• Individual Traits
  • Personality and Biosocial Criminology
  • Research on Individual Traits and Delinquency
• Situational Contexts
  • Routine Activities: Opportunities for Delinquency
  • Choosing Delinquency: Rational Choice Theory
  • Research on the Situational Context of Delinquency
• Family Relations
  • Hirschi’s Social Bond Theory
  • Sampson and Laub’s Life-Course Theory
  • Gottfredson and Hirschi’s General Theory of Crime
  • Research on the Family and Delinquency
• Peer Group Influences
  • Sutherland’s Differential Association Theory
  • Akers’ Social Learning Theory
  • Research on Peers and Delinquency
• Neighborhood and Community Influences
  • Social Disorganization Theory
  • Collective Efficacy
  • Anomie Theory
  • Strain Theories
  • Research on Neighborhood and Community Influences
• School Experiences
  • School performance
  • Attachment to School
  • Commitment to Education
  • School Characteristics
  • Research on School Experiences and Delinquency

The Developmental Perspective: Spanning Multiple Contexts

Summary and Conclusions

Reading:

1. “The Causes and Correlates Studies: Findings and Policy Implications” – Thornberry, Huizinga, and Loeber (2004).

Chapter 7: Cops and Kids: Policing Juveniles

Abstract

Contact with the police is typically the initial entry point into the juvenile justice system. This chapter examines the structure and role of juvenile policing, with an emphasis on changes in law enforcement strategies and procedural due process. Even with these changes, police typically deal with juveniles informally, and interactions between police and juveniles continue to involve discretion and diversion of juveniles away from formal processing. The police are often referred to as the “gatekeepers” to the justice system and are given broad decision-making authority to decide between formal and informal courses of action. This chapter examines police discretion, as well as due process constraints. The due process revolution in juvenile justice during the 1960s and 1970s addressed several key law enforcement­ functions related to juveniles, including search and seizure, custodial interrogation, and arrest.

Chapter Outline

Cops and Kids: The Police Role

• Parens Patriae Policing: The Original Protective Role
• Professional Policing: The Crime-Fighting Role
• Community-Oriented Policing” The Collaborative Role
• Getting Tough: The Law-Enforcer Role

Discretion and Diversion in Juvenile Law Enforcement

• Factors Influencing the Use of Discretion

Due Process in Juvenile Law Enforcement

• Search and Seizure
• Arrest
• Custodial Interrogation

Summary and Conclusions

Readings:

1. “The Importance of Being Satisfied: A Longitudinal Exploration of Police Contact, Procedural Injustice, and Subsequent Delinquency” – Slocum et al. (2016).
2. “Childhood Trauma and Its Effects: Implications for Police” – Dudley (2015).

Chapter 8: Preliminary Procedures of Juvenile Courts: Detention, Transfer to Criminal Court, and Intake

Abstract

This chapter examines three key preliminary procedures of juvenile courts: detention, transfer to adult court, and intake screening. Juvenile detention has been an on-going focal point of juvenile justice reform over the past 50 years. Another prevalent area of juvenile justice reform addresses the original jurisdiction of juvenile courts and their rehabilitative focus. Virtually all states have changed their statutory laws to authorize and facilitate transfer of juvenile cases to adult courts, especially for serious and repetitive offenders whom may be outside the scope of the rehabilitative focus of juvenile courts. Intake involves screening cases that are referred to juvenile courts in order to determine the most appropriate way to handle each case—formally, informally, or by dismissal. Juvenile court intake is a discretionary decision that is usually the responsibility of the juvenile probation department. Cases are sometimes dismissed, but they often involve diversion to a community-based program, or they are handled informally by the juvenile court through a mutual agreement with the youth, family, and probation department. Less common is formal processing of juvenile cases through petitioning and adjudication—the topic of the next chapter.

Chapter Outline

Juvenile Detention

Detention: Extent, Trends, and Demographics

Conditions of Confinement

Detention Reform

Transfer to Criminal Court

Transfer to Criminal Court: Extent, Trends, and Demographics

Handling of Transferred Cases in Criminal Court

Deterrent Effects of Transfer to Criminal Court?

Other Effects of Transfer to Criminal Court

A Developmental View of Transfer to Criminal Court

Intake

Delinquency Cases in Juvenile Courts: Extent, Trends, and Demographics

Intake Screening of Cases Referred to Juvenile Courts

Petition: Extent, Trends, and Demographics

Petitioned Status Offense Cases

Summary and Conclusions Readings:

1. “When Does Race and Gender Matter? The Interrelationships between the Gender of Probation Officers and Juvenile Court Detention and Intake Outcomes” – Leiber, Peck, and Beaudry-Cyr (2016).
2. “Juvenile Transfer Laws: An Effective Deterrent to Delinquency?” – Redding (2010).

Chapter 9: Formal Procedures of Juvenile Courts: Adjudication and Disposition

Abstract

Until fairly recently, formal proceedings in juvenile courts were confidential and closed to the public. As a result, they were not widely known or understood. The two primary components of formal juvenile court proceedings are adjudication and disposition. Adjudication is initiated by a legal document called a petition. Adjudication involves a series of court hearings that make judicial findings or determinations regarding the “facts of the case.” Formal disposition follows from adjudication, and it seeks to provide an individualized, rehabilitative, and least restrictive resolution to cases that are officially processed by the juvenile court. The court order of formal disposition may involve a wide-variety of options available in statutory law, ranging from rehabilitation programs, to community service and restitution, to formal probation, to out-of-home placement or confinement.

Chapter Outline

Petition

• Petition: Extent, Trends, and Demographics
• Petitioned Status Offense Cases

Adjudication Hearings

• Procedural Due Process Rights during Adjudication
• Adjudication: Extent, Trends, and Demographics

Disposition

• Predisposition Report
• Disposition Hearing
• Dispositional Options in Statutory Law
• Disposition: Extent, Trends, and Demographics
• Changes in Philosophy and Practice in Juvenile Disposition
  • Changes in Philosophy and Practice in Juvenile Disposition
  • Blended Sentencing
  • Death Penalty for Juveniles
  • Life without Parole for Juveniles

Summary and Conclusions

Readings:

(1) “The Right to Counsel in Juvenile Court: The Conundrum of Attorneys as an Aggravating Factor at Disposition” – Feld and Schaefer (2010).

(2) “Juvenile Sentencing in a Developmental Framework: The Role of the Courts” – Scott et al. (2015).

Chapter 10:  Juvenile Probation

Probation is the most frequently imposed disposition in juvenile courts for both delinquency and status offense cases. Thus, probation is the backbone of the juvenile court and juvenile corrections. This chapter examines juvenile probation, first describing its key features, structure, and use, then exploring conditions of probation, supervision, and revocation.

Chapter Outline

Key Features of Juvenile Probation

Scope and Structure of Juvenile Probation

The Use of Probation: Extent, Trends, and Demographics

Probation Conditions

Probation Supervision

• Styles of Probation Supervision
• Techniques of Probation Supervision
• Intensive Probation Supervision
• The Use of Behavioral Health Screening and Risk/Need Assessment in Probation Supervision
• House Arrest and Electronic Monitoring

Revocation

Summary and Conclusions

Readings:

1. “Confronting Delinquency: Probations Officers’ Use of Coercion and Client-Centered Tactics to Foster Youth Compliance” – Schwalbe and Maschi (2011).
2. “Introduction” in Advancing Use of Risk Assessment in Juvenile Probation – Guy et al. (2015).

Chapter 11: Community-Based Corrections and Restorative Justice

Abstract

Community-based corrections emphasize the community’s role in causing and responding to delinquency and often utilize community resources such as counseling services, tutoring and educational programs, and job training and placement. We describe community-based responses to delinquency, including (1) diversion of cases before petition or adjudication, (2) community treatment involving intermediate sanctions and treatment options such as drug treatment and mental health services, (3) certain types of residential placement (group homes, foster homes, and shelter care), and (4) aftercare following residential placement. Balanced and restorative approaches to juvenile justice are often community-based, attempting to actively involve community members and use community resources in responding to delinquency. We discuss the theory and practice of restorative justice, as well as the approach and effectiveness of specialized courts, including problem-solving courts (drug courts and mental health courts) and teen courts.

Chapter Outline

Rise of Community-Based Corrections

Range of Community-Based Programs

• Diversion
• Community Treatment
• Community-Based Residential Placement
• Aftercare

Balanced and Restorative Justice

Specialized Courts

• Drug Courts
• Mental Health Courts
• Teen Courts

Summary and Conclusions

Readings:

1. “Restorative Justice and Recidivism: Promises Made, Promises Kept?” – Bonta et al. (2008).
2. “Juvenile Drug Courts: A Process, Outcome, and Impact Evaluation” – Blair et al. (2015).

Chapter 12: Residential Placement and Aftercare Services

Abstract

Contemporary juvenile corrections relies on a wide range of residential facilities for out-of-home placement, including community-based shelter care, foster homes and group homes, specialized residential treatment centers such as drug and mental health treatment facilities, rural youth ranches and wilderness camps, and secure institutions such as detention centers, boot camps, state training schools, and juvenile prisons. Aftercare and reentry services are essential for successful reintegration of the youth after residential placement. Comprehensive aftercare plans begin shortly after adjudication and continue throughout the time that youth are in residential placement, providing services and supervision to youth as they transition back into the community.

Chapter Outline

Residential Placement

• Custodial Institutions
• Residential Treatment Centers
• Group Homes
• Boarding Schools, Ranches, and Wilderness Camps
• Characteristics of Residential Placement Facilities
• Characteristics of Youth Committed to Residential Placement
• Outcomes of Residential Placement and Evidence-Based Practice

Aftercare and Reentry Services

• Important Elements of Aftercare
• Model Aftercare Programs
• Evaluation of Aftercare Program Effectiveness

Summary and Conclusions

Readings:

1. “Conditions of Confinement: Findings from the Survey of Youth in Residential Placement” – Sedlak and McPherson (2010).
2. “A Look from the Inside: Balancing Custody and Treatment in a Juvenile Maximum-Security Facility” – Inderbitzin (2007).

Chapter 13: Delinquency Prevention

The field of delinquency prevention has been transformed in recent years with the advent and expansion of evidence-based practice. We first depict the risk-focused prevention perspective, which is based on the empirical identification of risk factors that predict delinquency behavior. Evidence-based practice in delinquency prevention is then described, followed by the associated consideration of what makes for successful implementation of prevention programs—this is referred to as “implementation fidelity.” Lastly, three model programs are described that illustrate evidence-based practice in delinquency prevention. The notion of “best practices” is extremely popular these days, but true best practices are substantiated by evaluation research that gages effectiveness, as provided in evidence-based practice.

Chapter Outline

Risk-Focused Delinquency Prevention

• Risk Factors
• Protective Factors

Evidenced-based Practice in Delinquency Prevention

Implementation Fidelity

Model Programs in Delinquency Prevention

• Life Skills Training: Drug Use Prevention Curriculum
• Nurse–Family Partnership: Prenatal and Infancy Home Visits by Nurses
• Multisystemic Therapy: Intensive Treatment for Chronic Juvenile Offenders

Summary and Conclusions

Readings:

1. “Changing Lives: Prevention and Intervention to Reduce Serious Offending” –Bulman (2014).
2. “Evidence-Based Programs Registry: Blueprints for Healthy Youth Development” – Mihalic and Elliott (2015).

Chapter 14: Linking Systems of Care

Abstract

Current best practices models argue for the need to provide coordinated and comprehensive care for youth. Practitioners and policy makers are increasingly aware of the overlap of youth receiving services in juvenile justice systems and services in other systems, including behavior and mental health, child welfare, education, and health care systems. In this chapter, we focus on the development of a linked system of care approach to children and youth. The discussion begins with an overview of the system of care philosophy. We then discuss the major systems outside juvenile justice systems where court-involved youth receive care. The chapter concludes with a brief discussion of wraparound services in juvenile justice systems and introduces a recent program launched by the Office for Victims of Crime that advances a linking system of care approach.

Chapter Outline

A System of Care Approach

• Origins of the System of Care Philosophy  
• The Role of Youth Maltreatment in the System of Care
• Delinquency, Juvenile Justice, and the System of Care Approach

Major Systems of Care for Court-Involved Youth

• Child Welfare System
• Education
• Mental Health System
• Medical Care System
• Substance Abuse Treatment

Linking Systems of Care for Children and Youth

• Exposure to Violence, Crime, and Abuse
• Trauma-Informed Care

Summary and Conclusions

Readings:

1. “Trauma Histories among Justice-Involved Youth: Findings from the National Child Traumatic Stress Network” – Dierkhising et al. (2013).
2. “Children’s Exposure to Violence, Crime, and Abuse: An Update.” – Finkelhor et al. (2015).