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Module 4 (Juvenile Justice Process (Corrections (Intermediate Sanctions…

- - - - serves as an important link between the police and other community institutions
    - - whether to take into custody
      - whether to request detainment
      - whether to refer to court
    - - seriousness of offense
      - willingness of parents to cooperate and discipline
      - child's behavioral history
      - extent to which the child and the parents insist on formal court hearing
      - local political and social norms
      - officer's beliefs and attitudes
  - - - after is an initial hearing
        
        juveniles are told of their rights and how plea must be voluntary
        
        detention hearing must be held if child is detained pending trial
  - - - once you turn 18, those records are sealed and cannot be seen by adult court
  - - - helps judge decide on a disposition best fit for the child
  - - - 60% of cases placed on probation
      - usually made to undergo some education or counseling
      - PO have smaller case loads
        
        believe that the case is worthwhile and can change & job is valuable
    - - community corrections
      - community service
      - restitution
      - fines
    - - residential treatment programs
      - detention/incarceration
    - - counseling programs
      - educational programs
      - vocational programs
      - psychotherapeutic programs
    - - Juvenile parole
      - PO assists with educational, counseling and treatment services
    - - community based options; foster homes, group home,
- - - - "evil" child
      - discipline at hands of family, law if not able
  - - - housed destitute and orphaned children as well as delinquents
      - ran under a strict program of work, study and discipline
      - child is helpless
      - requires supervision and care
  - - - established the first comprehensive system of juvenile justice
        
        placed cases of dependency, neglect and delinquency under one jurisdiction for children under 16
        
        4 major elements
        
        separate court
        
        special legal procedures; less adversarial
        
        separation of children and adults
        
        programs of probation
  - - - juveniles have the right to counsel at a hearing where they could be wavered into adult court
      - essentials for due process must be present
    - - juveniles have due process rights
      - must be given procedural rights: notice of charges, right to counsel, right to confront and cross-examine witnesses, and protection against self-incrimination
    - - proof must be established "beyond reasonable doubt" and not on a "preponderance of the evidence" before a juvenile could be classified as delinquent
    - - trial by jury is not a constitutional requirement in juvenile court hearings
    - - protection against double jeopardy
        
        a hearing must be held to determine if to transfer to adult court
    - - counsel
      - face accuser
      - adequate notice
  - - - juveniles can be held in preventive detention before trial if deemed a "risk"
  - - - Graham v. Florida (2010)
        
        juveniles cannot be sentenced to life without parole for non-homicide offenses
      - Miller v. Alabama (2012)
        
        Juveniles cannot be subject to a mandatory LWOP sentence for homicide offenses
- - - - keep watch, keep safe (supervising)
    - - assess their needs and fulfill them
    - - insist in keeping relationships, geared toward release
  - - - "client" does not want to be there
      - cannot select "clients"
      - clients are there against their wishes
      - must rely on client for
        
        daily operation
        
        compliance
- - - - may be low estimate due to lack of testing
  - - - increase in use of prescription medication
      - outpatient w/ meds less expensive
    - - Revolving door
      - not able to maintain treatment, lose their stability, call attention to CJS which in turns keeps the rotation going
    - - cost
      - security
      - psychiatric units
  - - - mental health
        
        difficult seeing hope, depression kicks in
      - programming
      - connection to community
- - - - making items to "sell"
      - sex
- - - - not a right; freedom bestowed upon you by the state
    - - must agree to the stipulation of their supervision or they can go back to prison
      - must sign a contract
    - - still within state custody
  - - - strict imprisonment
      - labor chain gang
      - limited freedom
      - ticket of leave/conditional pardon
      - full restoration of liberty
    - - ticket of leave transitioned to condition-based parole
- - - - primarily county control (around 2,700 are ran by the county)
      - BOP operates 12
  - - - housed until decision in their case
  - - - prior to 1960s - "slave to state", "civil death"
      - the courts were not willing to hear constitutional rights issues from inmates
    - - 1960s-1980s: begins w/ Cooper v. Pate (1964)
      - gives inmates to a clause in the Civil Rights Act of 1871
      - end of "Hands-Off" Period
      - section 1983 to access federal court as a state inmate
      - inmates could now use Sec 1983 to sue in regard to conditions, treatment, nutrition, medical care, etc.
- - - - puts under intensive supervision of those offenders thought to be too risky for routine supervision
    - - selects low-risk offenders already sentenced to prison and provides supervision for them in the community
- - - - two step revocation process
        
        hearing to determine probable cause
        
        parole board determines if violation, and response
  - - - make them go to meetings, more stips, etc.
- - - - most often used: probation
      - highly visible; very expensive
- - - - can be searched w/o warrant when on probation and parole
    - - can be searched w/o warrant when on probation and parole
  - - - 2 hearings
- - - - policy
      - poor supervision
      - inadequate or insufficient training
- - - - most violent crimes are done in neighborhoods that are deteriorating socially and economically
    - - primary source of fear and peril in neighborhoods
      - programs to keep teens out of gangs and identify them
        
        target core gang members reduces the gangs activity
- - - - don't snitch
      - don't mess with other's stuff
      - don't talk to staff
  - - - take care of yourself
    - - utilize the prison environment; use whatever gains they can get
    - - live in the active portion; always questing for more power, more goods, etc.; always up to something
    - - not doing well
      - don't find their place; don't know what their doing
      - can't integrate into the subculture
      - seen as weak, prone to abuse, theft, etc.
- - - - more violent behavior from younger inmates
      - lack of true coping mechanisms
    - - segregation between races
      - ties to gang activity
    - - more so victims
  - - - assaults of inmates by other inmates
      - gang activity
        
        separating gangs from each other
        
        put leaders in segregation
      - sexual assault
        
        under reported
    - - 18,000 assaults a year
      - need to constantly be vigilant
    - - unauthorized use of force
      - prisoners are not believed (lack of trust); side of officer is taken when inmates do report
      - inmates who are more active are less likely to become prey
- - - - Pennsylvania System (separate)
        
        Quaker idea of reformation through isolation, repentance
        
        Walnut Street Jail / Eastern State Penitentiary
        
        repent and reform
      - New York System (congregate)
        
        Auburn Penitentiary, New York
        
        isolated at night, work together during the day
        
        began contract labor system involving inmates
        
        silence, not even allowed to exchange looks
- - - - John Augustus, Boston 1841 (mix of bail and probation)
      - 1st state wide system in MA, 1880
      - 21states by 1920
      - 44 states by beginning of WWII
      - began as a 2nd chance, evolved to supervision and service provision (case management)
      - now incorporates risk assessment
    - - Centralized
        
        state controls probation and parole
        
        funding
        
        training
      - Decentralized
        
        IN has this
        
        individual county courts control probation
        
        state runs parole
        
        works best with solid working relationship between judge and supervising officer
    - - attends court
        
        new Pre-sentence Reports requested (present. investigator)
        
        update or modification hearings
        
        revocation
        
        technical violation or new offense
        
        violation of term of probation/parole but not necessarily illegal
      - writes pre-sentence reports
      - supervision of clients
        
        home, work
- - - - highest age range is from 15-17
      - 39 states: age 18 is tried as adult
      - 49 states: judges can issue a waiver to adult court
    - - 4 types
        
        delinquent
        
        committed acts that if committed by an adult are illegal
        
        auto theft, robbery, assault
        
        35% property crimes
        
        PINS (person in need of supervision) status offenses
        
        only illegal if committed by a juvenile
        
        usually being charged with being a runaway, truants, or PINS
        
        women: 42% of the cases
        
        neglect
        
        children hurt through no fault of their own
        
        dependency
        
        no parent or guardian; receiving inadequate care
- - - - Corrections: community corrections and institutional corrections