NURS 533 NURS 533 VictimologyVictimology

A. StudentA. Student

IntroductionIntroduction

Who is a “Juvenile”???Who is a “Juvenile”???– Each state defines by age Each state defines by age (15-17)(15-17)– exceptions include violent crimesexceptions include violent crimes– For violations of Federal Law, juveniles For violations of Federal Law, juveniles

are defined as under 18are defined as under 18 What is “Delinquency”???What is “Delinquency”???

– a juvenile committing an act for which a juvenile committing an act for which an adult can be prosecuted in criminal an adult can be prosecuted in criminal court court

Upper Age Limit By StateUpper Age Limit By State

The HistoryThe History

Originated in Illinois (1899) - The Originated in Illinois (1899) - The Juvenile Court ActJuvenile Court Act

A distinct court to address the A distinct court to address the needs of children needs of children (i.e. removal from (i.e. removal from abusive homes, truancy, etc.)abusive homes, truancy, etc.)

1925- All states except Maine and 1925- All states except Maine and Wyoming had juvenile courtsWyoming had juvenile courts

1945- All states had these courts1945- All states had these courts

Juvenile Crime ClockJuvenile Crime Clock A juvenile is arrested for:A juvenile is arrested for:

– Murder Murder - - every 3 hours and 30 minutesevery 3 hours and 30 minutes– RapeRape - - every 2 hoursevery 2 hours– RobberyRobbery - - every 12 minutesevery 12 minutes– Aggravated AssaultAggravated Assault - - every 8 minutesevery 8 minutes

[FBI UCR, 1995][FBI UCR, 1995]

Juvenile Index CrimesJuvenile Index Crimes

Source: US Department of Justice, Source: US Department of Justice, Crime in Crime in the United States, the United States, 19941994

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Juvenile Arrests

Juvenile Homicide RateJuvenile Homicide Rate

Source: James Alan Fox, Source: James Alan Fox, Trends Trends in Juvenile Violence in Juvenile Violence

Homicide Rate Per 100,000 (for ages 14 - 17)

0

5

10

15

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25

1975 1980 1985 1990 1995

Juvenile Court ProceedingsJuvenile Court Proceedings

JUVENILE COURTJUVENILE COURT– Take into custodyTake into custody– PetitionPetition– Adjudication Adjudication

HearingHearing– AdjudicationAdjudication– Dispositional Dispositional

hearinghearing– CommitmentCommitment– AftercareAftercare

ADULT CRIM ADULT CRIM COURTCOURT– ArrestArrest– IndictmentIndictment– TrialTrial– Conviction of guiltConviction of guilt– Sentencing hearingSentencing hearing– Sentence to jailSentence to jail– ParoleParole

Juvenile Court ProceedingsJuvenile Court Proceedings

Absence of guilt in juvenile court - Absence of guilt in juvenile court - “found to be delinquent”“found to be delinquent”

Treatment instead of punishmentTreatment instead of punishment Proceedings are closed to the publicProceedings are closed to the public No long term incarcerationNo long term incarceration Speedy proceedings and case disposalSpeedy proceedings and case disposal

Source: Clifford Simonsen, Source: Clifford Simonsen, Juvenile Juvenile Justice in AmericaJustice in America, 1991., 1991.

Juvenile Court ProcedureJuvenile Court Procedure

Taken into custodyTaken into custody IntakeIntake AdjudicationAdjudication DispositionDisposition AftercareAftercare

Source: Clifford Simonsen, Source: Clifford Simonsen, Juvenile Juvenile Justice in AmericaJustice in America, 1991., 1991.

Juveniles in the Adult Juveniles in the Adult SystemSystem

CertificationCertification– Prima facie casePrima facie case– Public interestPublic interest– TreatableTreatable– Burden of proof on prosecutionBurden of proof on prosecution

Direct file juvenile casesDirect file juvenile cases– Burden on proof of defenseBurden on proof of defense

Prevention Programs vs Prevention Programs vs IncarcerationIncarceration

Cause of delinquency include:Cause of delinquency include:– Child abuseChild abuse– Lack of family structureLack of family structure– Anti-social behavior early in lifeAnti-social behavior early in life

Examples:Examples:– According to U.S Advisory Board on Child According to U.S Advisory Board on Child

Abuse, child abuse increases likelihood of Abuse, child abuse increases likelihood of arrest as juvenile by 53% arrest as juvenile by 53%

– 85% of Texas inmates claim to be abused85% of Texas inmates claim to be abused

PreventionPrevention Programs vs. Programs vs. IncarcerationIncarceration

Institutions range from:Institutions range from:– Serene, campuses with counselorsSerene, campuses with counselors– Prison-like settingsPrison-like settings– Half-way houses Half-way houses – Boot campsBoot camps

Problems with Problems with Incarceration->Incarceration->

Studies prove that incarceration does not work Studies prove that incarceration does not work and is not cost effectiveand is not cost effective– Early intervention programs prevent 250 crimes per Early intervention programs prevent 250 crimes per

$1 million spent, while prisons only prevent 60 crimes $1 million spent, while prisons only prevent 60 crimes a year per million spenta year per million spent

Source: Rand CorpSource: Rand Corp

Attempt to eliminate incarceration for juveniles Attempt to eliminate incarceration for juveniles failed in Massachusettsfailed in Massachusetts

Emergence of “Boot Emergence of “Boot Camps”Camps”

Programs vary, but most include a Programs vary, but most include a paramilitary style that stresses paramilitary style that stresses discipline and physicaldiscipline and physical trainingtraining

Cost of the average 6 month boot Cost of the average 6 month boot camp is around $6700, vs camp is around $6700, vs incarcerating a juvenile, which incarcerating a juvenile, which costs $47,400 costs $47,400

Source: Koch Crime InstituteSource: Koch Crime Institute

Do Boot Camps Work?Do Boot Camps Work?

Conflicting view of whether or not boot Conflicting view of whether or not boot camps are effective:camps are effective:– Study of Florida boot camps revealed no Study of Florida boot camps revealed no

difference in the recidivism rates between difference in the recidivism rates between camps and other programscamps and other programs

– Study of New Jersey revealed 41% of their Study of New Jersey revealed 41% of their boot camp graduates were re-arrested vs boot camp graduates were re-arrested vs 53% from other juvenile programs53% from other juvenile programs

– Programs that provide “after-care” appear Programs that provide “after-care” appear to have higher rates of success to have higher rates of success

Effectiveness of CurfewsEffectiveness of Curfews According to a 1997 United States According to a 1997 United States

Conference of Mayor’s Report:Conference of Mayor’s Report:

– In the same survey, 26 cities with nighttime In the same survey, 26 cities with nighttime curfews showed reduction in juvenile crime curfews showed reduction in juvenile crime averaging 21%averaging 21%

– 22 cities with day and night curfews also 22 cities with day and night curfews also averaged a 21% declineaveraged a 21% decline

– 6 cities reported increases in juvenile crime 6 cities reported increases in juvenile crime but noted that their were declines in crime 6 but noted that their were declines in crime 6 months to year after implementationmonths to year after implementation

Failures of SystemFailures of System

Even violent offenders have records Even violent offenders have records cleared when becoming adultscleared when becoming adults

A juvenile must be released upon A juvenile must be released upon reaching 18 years of agereaching 18 years of age

Tough laws don’t address the roots Tough laws don’t address the roots of violent juvenile crimeof violent juvenile crime

Programs receive minimal fundingPrograms receive minimal funding

FailuresFailures (cont’d)(cont’d)

A percentage of juveniles are held in A percentage of juveniles are held in county jail even before trialcounty jail even before trial

Industrial schools for juveniles are Industrial schools for juveniles are institutions of confinement like prisonsinstitutions of confinement like prisons

violence and sexual assault plague the violence and sexual assault plague the institutionsinstitutions

Counselors rarely attempt to work with Counselors rarely attempt to work with the juvenile’s familythe juvenile’s family

Juveniles go from institutions to homes with no Juveniles go from institutions to homes with no consistent disciplineconsistent discipline

Diversion ProgramsDiversion Programs

Attempts to treat juveniles who Attempts to treat juveniles who would be passed over by courtswould be passed over by courts

Believe juvenile courts are Believe juvenile courts are ineffective and stigmatizingineffective and stigmatizing

Consider charging a juvenile for Consider charging a juvenile for non-criminal behavior immoralnon-criminal behavior immoral

Diversion Programs have their Diversion Programs have their weaknesses also weaknesses also

International PerspectiveInternational Perspective

MEXICOMEXICO– 2 Dominant systems of juvenile legislation2 Dominant systems of juvenile legislation

Subject to adult jurisdictionSubject to adult jurisdiction Subject to a separate systemSubject to a separate system

– Juvenile court proceduresJuvenile court procedures– Decisions:Decisions:

Return to family[possibly under observation]Return to family[possibly under observation] Enrollment in public/private schoolEnrollment in public/private school HospitalizationHospitalization Commitment to juvenile facility for treatment. Commitment to juvenile facility for treatment.

International Perspectives International Perspectives (cont’d)(cont’d)

AFGHANISTANAFGHANISTAN– Hanafi jurisprudenceHanafi jurisprudence– Function of judiciaryFunction of judiciary– Juvenile courtsJuvenile courts

Investigation by judicial officers Investigation by judicial officers (possibly police)(possibly police)

Investigation by special prosecutor Investigation by special prosecutor (usually female)(usually female)

Determination of age of accused Determination of age of accused (7 - 14)(7 - 14) Decision of courtDecision of court

ConclusionConclusion

The juvenile justice system needs The juvenile justice system needs to be reformedto be reformed

The system should address issues The system should address issues social and economic issues within social and economic issues within the homethe home