Ch 15

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CJ 105

 Age crime curve: peak
18 violent
16 property

½ by 32
½ by 21

59%-violent juveniles=adults

 1899-1st juvenile court-Illinois

-1500-1600’s –discovery of childhood

-”ideal” child produced

-”undesirable” prevented from developing

17th Century France: duels, mutinies, brawls, assaults on teachers
Student required to leave weapons at door

 Ideal:
-educators, clergy, psychologists

 Undesirable:
-no distinction for age

 19th Century
-1st attempt social control

 1825:
NY House of Refuge

 1826:
Boston

 1828:
Philadelphia

Set standards for 25 years:
-ball & chain/handcuffs/whipping/work

 Work:
-exploited kids
-rented out to industry

 1850’s:
-”child saving organizations

 Juvenile Court:
Illinois 1899
-Dependent
-Neglected

Theory of Parens Patriae
-court has ultimate authority over kids
-superseded parental rights

 Due Process and Juveniles:
-non existent why?

1. Not criminal (statutory)

2. No determination of guilt (adjudicated)

3. Treatment versus punishment (not relevant)

 1960’s: Supreme Court

-In Re Gault (1967):
-arrested obscene call
-parents not notified
-no witnesses
-15 year old sentenced until 21

1. Fair notice of charges to prepare defense
2. Counsel
3. Face accusers
4. No self-incrimination

 In re Winship (1970):

-preponderance of evidence changed to reasonable doubt

 McKeiver v. PA:
-no right to jury
-states free to experiment

 Teen (peer) Courts:

-Comprised of other teens

-admitted to offense

-low recidivism rates

 Juveniles and adult court:

-when?

-how?

Judicial waiver: judge waives jurisdiction

Concurrent jurisdiction: Prosecutors file as adult/juvenile

Statutorily excluding: Legislatures

 Transfers:
-More severe sentences

 Blended sentences:
-juvenile/adult time

 Criminal Blended sentences:
-juvenile/criminal sanctions but juvenile system supervises.

 Status Offenses:
-offenses only because of age
-MIP
-Truancy
-running away
-curfew
-Females 60% runaways
-Males 70% alcohol

Detention?:
-protect jurisdiction of court process
-protect community
-protect juvenile

 Institution based responses:

-education

-vocation

-substance abuse

-anger management

 Girls in a boy’s system:

-Substance abuse: psychosocial development interrupted

-Pregnancy: higher sexual activity v. non-offenders

-Academic performance: learning disabilities

-Societal factors: community-based program for girls rare

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Juvenile Life without Parole erious crimes deserve serious penalties, but crimes committed by children, though sometimes resulting in serious and tragic harm, deserve special consideration. These crimes tend to be impulsive, short-sighted, and driven by fear and by childish desires to impress peers or pacify adults. New brain science confirms that teenagers have less capacity for self-control, but much greater capacity for selfimprovement, than adults. All of this suggests that children should be sentenced differently than adults and receive additional opportunities to demonstrate change 1 JLWOP statistics In 2012, approx. 2500 individuals were serving LWOP sentenced they received as children An additional 25,000 were serving virtual life sentences A 50-year sentence for a 16-year old will cost upwards of $2.25 million. The majority of these individuals are male (97%) and Black (62%) Significant risk factors 79% witnessed violence in their homes regularly 32% grew up in public housing Fewer than half were attending school at the time of their offense 47% were physically abused 80% of girls reported histories of physical abuse and 77% of girls reported histories of sexual abuse How did we get here? Super-predator scare of the 1980s/1990s Larry Miller, at 16 shot and killed another teenager in Philadelphia in 1965 Sentence: 20 years Abdul Lateef, at 16 participated in a robbery, which led to the ultimate death of the victim, in 1985 Sentence: Life without parole In reaction to the growth of drug- and gang-related activity in the mid-1990s, lawmakers in Connecticut and nationally responded forcefully but, in retrospect, misguidedly. The harsh reforms were rooted in the popularization of the idea of the “superpredator,” a supposed class of teenagers who were highly violent, dangerous, and beyond redemption.19 Meanwhile, public officials worried that gangs were recruiting children to commit crimes because the juvenile justice system would not punish them harshly.20 Public fear of juvenile crime coalesced in claims that some children were so-called “Humpty Dumpty children,” perceived to be broken beyond repair.21 3 Fates in limbo Maryland’s juvenile lifers https://youtu.be/nSYO-YtK96A Children are different In 2005, the Supreme Court held in Roper v. Simmons that children who commit crimes under the age of 18 cannot be executed Graham v. Florida that children cannot be sentenced to life in prison without the possibility of parole (“LWOP”) for non-homicide crimes. In 2012, the Court held in Miller v. Alabama that mandatory LWOP sentences for children are unconstitutional prevent the decisionmaker from taking into account the age and diminished culpability of juvenile offender In several recent decisions, the U.S. Supreme Court has recognized that children are different from adults and must be treated differently in criminal sentencing. Relying on scientific studies about adolescent brain development, the Court has emphasized that ...

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The Latin term meaning “father of his country” which is implied as meaning the government is the true guardian of the needy and infirmed children. 2. __________________ were a sixteenth century English set of laws which vagrants and abandoned and neglected children were bound to masters as indentured servants. 3. Early English courts established to protect the property rights and welfare of the minor children of affluent families. 4. Civic leaders who focused their attention on the misdeeds of poor children to control their behavior were called: 5. In 1816, The Society for the Prevention of Pauperism was established to: 6. When the first House of Refuge opened in New York the Society for the Prevention of Pauperism and the __________________ were influential in establishing such positive steps for juveniles. 7. In 1853, New York philanthropist Charles Loring Brace helped developed the _______________________ as an alternative for dealing with neglected and delinquent youths. 8. The first juvenile court was established in this state in 1899. 9. The Juvenile Court Act of 1899 set up an independent court to handle criminal law violations by children under 16 years of age as well as created: 10. The case of the Kent v. United States (1966) ruled that: 11. The ___________________________ established the a federal office on delinquency prevention and was enacted to identify the needs of youth and to fund programs aimed at deterring juvenile crime. 12. A noncriminal youth who falls under the jurisdiction of the courts by reason of having engaged in behavior prohibited to minors, such as truancy. 13. The Court case of ________________ ruled that a minor has basic due process rights at trial. 14. The Court case of ________________ ruled that the level of evidence for the finding of juvenile delinquency is proof beyond a reasonable doubt. 15. Held that the Fourth Amendment guarantee against unreasonable searches is not violated by drug testing all students who choose to participate in interscholastic athletics. 16. In 1974, Congress passed the ______________________, which provides funds to states to bolster their services for maltreated children and their parents. 17. According to the shifting philosophies of juvenile justice outlined in your text, the time from 1950-1970 recognized that: 18. There are more than 450 juvenile ________________ who focus on providing treatment for youth accused of substance abuse offenses. 19. A program developed in Arizona in an effort to reduce adolescent involvement in criminal behavior that has since been added to school curricula in all 50 states is known as: 20. The Supreme Court held that the _______________ protections against unreasonable search and seizures apply to students but that the need to maintain an orderly educational environment modifies the needs for warrants and probable cause. 21. Which of the following is not a Supreme Court case dealing with searching for drugs in associatio.

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PERSPECTIVES Juveniles in Court Matthew F. Soulier, MD, and Charles L. Scott, MD Nineteenth-century American reformers were concerned about the influence of immaturity and development in juvenile offenses. They responded to their delinquent youths through the creation of juvenile courts. This early American juvenile justice system sought to treat children as different from adults and to rehabilitate wayward youths through the state’s assumption of a parental role. Although these rehabilitative goals were never fully realized, the field of American child psychiatry was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal adult courts—due to landmark Supreme Court decisions and also juvenile legislation between 1966 and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s, juvenile justice became more retributional, and society was forced to confront issues such as capital punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the modern juvenile court, child psychiatrists are often asked to participate in the consideration of such issues because of their expertise in development. In that context we review the role of psychiatrists in assisting juvenile courts. (HARV REV PSYCHIATRY 2010;18:317–325.) Keywords: child psychiatry, courts, forensic psychiatry, juveniles HISTORY OF JUVENILE LAW Adults have always made the laws that define order and justice in societies, but such laws have historically varied in their assignment of criminal culpability to juveniles and adults. For example, in the eighteenth century under En- glish common law, children younger than 7 years were con- From the Division of Psychiatry and the Law, University of Califor- nia, Davis Campus, Sacramento, CA. Original manuscript received 19 November 2009; revised manuscript received 28 May 2010, accepted for publication 28 July 2010. Correspondence: Matthew F. Soulier, MD, UC Davis, Psychiatry and Law, 2230 Stockton Blvd., 2nd Fl., Sacramento, CA 95817. Email: [email protected] ©c 2010 President and Fellows of Harvard College DOI: 10.3109/10673229.2010.527518 sidered lacking the cognitive capacity to know and understand the consequences of their actions. Without the criminal intent, or mens rea, such immature children were not capable of committing a crime. Children between 7 and 14 were similarly presumed to lack this capacity unless the prosecutor could prove that the child defendants knew and understood the consequences of their acts. Persons older than 14 were considered adults, subject to the full weight of the law and punishment, including death if so determined.1 This “rule of sevens” was based on developmental consider- ations and a moral d ...

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1).Over the last few centuries numerous historical events have taken place that resulted in a major impact on the contemporary juvenile justice network in the United States. The notion of age of responsibility and maturity level has been the central focus since the inception of recorded history. The question remains today of when and under what circumstances children are capable of forming criminal intent ("Juvenile Justice", p. 5) which has led to continuous debates still occurring today. Up until the early 1800s juvenile offenders in the United States received the same treatment and punishment as adult offenders. It was very common for juveniles to be housed with adults as well. In 1818, a New York City commission initiated the term "juvenile delinquency", and brought to the attention of the public eye and identified pauperism, or poverty, as a root cause of misbehavior amongst juveniles. In 1825, the Society for the Prevention of Juvenile Delinquency began to campaign for the separation of juveniles from adults. Over the course of the next few years, numerous juvenile institutions were established. These institutions, known as houses of refuge, primarily focused on education and treatment, instead of solely focusing on punishment ("Juvenile Justice", pp. 6-7). With public warning from the New York City police chief, that violent juvenile offenses were steadily increasing, in 1849 the United States transitioned from houses of refuge to concentrating on reform schools and preventive agencies ("Juvenile Justice", p. 7) Industrial Schools for dependent children were founded in 1879, as a result of the Industrial School Act, preceded by the Chicago Reform School Act, but were later held unconstitutional. As a result of unsuccessful reform schools , the child savers movement developed during the post-Civil War era, with high and genuine concern for the welfare of children, leading to the establishment of the first juvenile/family court in 1899 ("Juvenile Justice", p. 8). By 1932 the number of independent juvenile courts across the United States, exceeded 600. All states had enacted laws developing separate juvenile courts by 1945. Because juvenile courts were not criminal courts , juvenile offenders did not possess the same constitutional rights as accused adult offenders. Historical U.S. Supreme Court cases such as Holmes , Kent v. United States , Gault , and McKeiver v. Pennsylvania , mentioned in this week's reading, and their holdings, have all had a dramatic impact on the contemporary juvenile justice network in America ("Juvenile Justice", pp. 9-10). A few other major historical legislative acts that dramatically impacted the contemporary juvenile justice network in the United States have been enacted by Congress over the years. The Juvenile Justice and Delinquency act of 1974, which established the Office of Juvenile Justice and Delinquency Prevention to support efforts - local and state - in delinquency prevention and juvenil.

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Ch 15

2.  Age crime curve: peak 18 violent 16 property ½ by 32 ½ by 21 59%-violent juveniles=adults

3.  1899-1st juvenile court-Illinois -1500-1600’s –discovery of childhood -”ideal” child produced -”undesirable” prevented from developing 17th Century France: duels, mutinies, brawls, assaults on teachers Student required to leave weapons at door

4.  Ideal: -educators, clergy, psychologists  Undesirable: -no distinction for age  19th Century -1st attempt social control

5.  1825: NY House of Refuge  1826: Boston  1828: Philadelphia Set standards for 25 years: -ball & chain/handcuffs/whipping/work

6.  Work: -exploited kids -rented out to industry  1850’s: -”child saving organizations

7.  Juvenile Court: Illinois 1899 -Dependent -Neglected Theory of Parens Patriae -court has ultimate authority over kids -superseded parental rights

8.  Due Process and Juveniles: -non existent why? 1. Not criminal (statutory) 2. No determination of guilt (adjudicated) 3. Treatment versus punishment (not relevant)

9.  1960’s: Supreme Court -In Re Gault (1967): -arrested obscene call -parents not notified -no witnesses -15 year old sentenced until 21 1. Fair notice of charges to prepare defense 2. Counsel 3. Face accusers 4. No self-incrimination

10.  In re Winship (1970): -preponderance of evidence changed to reasonable doubt  McKeiver v. PA: -no right to jury -states free to experiment

11.  Teen (peer) Courts: -Comprised of other teens -admitted to offense -low recidivism rates

12.  Juveniles and adult court: -when? -how? Judicial waiver: judge waives jurisdiction Concurrent jurisdiction: Prosecutors file as adult/juvenile Statutorily excluding: Legislatures

13.  Transfers: -More severe sentences  Blended sentences: -juvenile/adult time  Criminal Blended sentences: -juvenile/criminal sanctions but juvenile system supervises.

14.  Status Offenses: -offenses only because of age -MIP -Truancy -running away -curfew -Females 60% runaways -Males 70% alcohol Detention?: -protect jurisdiction of court process -protect community -protect juvenile

15.  Institution based responses: -education -vocation -substance abuse -anger management

16.  Girls in a boy’s system: -Substance abuse: psychosocial development interrupted -Pregnancy: higher sexual activity v. non-offenders -Academic performance: learning disabilities -Societal factors: community-based program for girls rare

Notas del editor

Age crime curve is the tendency for crime to be committed during a person's younger years and decline as they get older.