Juvenile Justice in America / Edition 5

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Overview

Fully focused on the important issues, emerging trends, contemporary research, and special challenges facing juvenile justice today, this comprehensive exploration of the American juvenile justice system covers the history and philosophy of juvenile justice, the current practices for processing youthful offenders, the detention of juveniles, and the diversion of youth from the juvenile justice system. Unique in its approach, it gives students an “up-close and personal” view of the fascinating and sometimes tragic world of the juvenile offender–and the personal, psychological and thinking processes that characterize juvenile misbehavior.

Comprehensive overview of juvenile justice system institutions and operations. Realistic look at the life of juveniles. Updated statistics, research studies, case studies, interviews & photographs.

For anyone working anywhere within the juvenile justice system.

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Editorial Reviews

Booknews
Second edition of a text in which the basic focus is the control, correction, and treatment of not only juvenile offenders but others who are processed by the system such as the mentally ill and restricted, the abused, and the dependent and neglected. Current problems of drug-trafficking, hate crimes and other emerging violent trends among juveniles are included in ten chapters which profile the history, research, courts, correctional institutions, treatment, and new directions in the vision of juvenile justice. Annotation c. by Book News, Inc., Portland, Or.
Booknews
A textbook that explores and defines the important and emerging component of juvenile justice in the US. The volume is divided into six sections: introduction; the system and early decision making; community-based corrections; institutionalization; status and chronic offenders; and treatment, research, and new directions. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780132256940
  • Publisher: Prentice Hall
  • Publication date: 2/28/2007
  • Series: MyCrimeKit Series
  • Edition description: Older Edition
  • Edition number: 5
  • Pages: 464
  • Product dimensions: 8.38 (w) x 11.22 (h) x 0.89 (d)

Read an Excerpt

Juvenile justice is part of a broader human rights movement that is concerned with far more than society's response to juvenile lawbreaking. Indeed, as globalization, urbanization, industrialization, and worldwide communications increase, the world's attention increasingly is directed to the plight of all children, regardless of circumstances. This concern is extremely late in coming. Approximately one-half of the world's population today is age fifteen or younger, and the magnitude of the problems these youths face is staggering. Poverty, racism, sexism, ethnocentrism, and religious differences all influence how children are treated. The reality is that in many societies, children are considered to be economic hindrances and expendable. Local, municipal, state, provincial, territorial, and national governments often lump together the needy, the dependent and neglected, the status offender, the mentally ill, the violent, and the victim of abuse. These children are discriminated against, victimized, persecuted, and sometimes executed by citizens, police, and paramilitary forces. The problems youths face go to the core of cultural thinking, far beyond the needs of societies simply to fine-tune agencies and rules for the handling of youths in need.

English-speaking countries such as the United States provide many of the ideals that are behind current world efforts to reform the world's approach to juvenile justice. Unfortunately, even world leaders often fall far short of their own ideals. In this regard, the United States is an excellent case study of what is and what could be in juvenile justice in the world today.

Our primary purpose in this text is to explore and define theimportant components of and debates over juvenile justice in the United States. Some believe that juvenile justice involves only a study of the early processing bf juvenile offenders; others state that the processing of any or all who come through the juvenile justice system should come under the purview of juvenile justice. Because the authors regard the basic focus of juvenile justice as the control, correction, and treatment of both juvenile offenders and the other groups mentioned, we have accepted the latter definition.

We judge that the history and philosophy of juvenile justice, the processing of youths, the detention of juveniles, and the diversion of youths from the juvenile justice system should all be included in discussing juvenile justice. We are committed, moreover, to depicting the fascinating and sometimes tragic world of the juvenile offender, to describing the jobs and problems of practitioners in the justice system who work with youths, and to addressing important issues inherent in juvenile justice. This new edition includes two new chapters, Chapters 3 and 13. The former focuses on explanations for why juveniles become involved in illegal behaviors; the latter, on juveniles' participation in youth gangs and urban street gangs. Other important new features of this text are more emphases on the balanced and restorative justice model, on updating juvenile sentencing structures, on expanding prevention programs for juveniles and boot camps, on developing an understanding of and treatment for sex offenders, and on revealing more on how participants in the juvenile justice system do their jobs. There continue to be frequent glimpses into the mind and perspective of the youthful offender, a portrayal of the emerging trends of juvenile justice and an examination of the risk control and crime reduction measures in probation and aftercare.

This book begins with an overview of the juvenile justice system, with a special emphasis on the challenges facing juvenile justice in the twenty-first century. Chapter 2 presents an empirical profile on youth crime, derived from the main official and unofficial measurement of crime. Chapter 3 examines the causes of juvenile crime, ranging from the perspective that the origins of delinquent behaviors arise from rationality to that of viewing juveniles as biologically, psychologically, or sociologically determined in what they do. Chapter 4 discusses the role of the police in preventing and controlling youth crime. Chapters 5 and 6 are concerned with the background, legal norms, stages of decision making, trial process, and personnel of the juvenile court. Chapter 7 shifts to the types of experiences that await the juvenile who is transferred to the adult court. Chapters 8, 9, and 10 focus on community-based corrections, including probation and aftercare services and residential programs. Chapter 11 presents the structures and programming of short- and long-term confinement of juveniles. Chapter 12 examines treatment of youthful offenders in both community-based and institutional settings. Chapter 13 presents a portrayal of the juvenile who becomes involved in a youth gang or in an urban street gang. Chapter 14 discusses the various types of youthful offenders. In Chapter 15, we introduce the Beijing Rules, the model juvenile justice code for the world, which provide a basis for the chapter. We discuss how juveniles are handled in three English-speaking countries, Canada, England, and Australia, as well as juvenile justice in four countries from other areas of the world with distinctive problems. Chapter 16 summarizes the text and predicts what juvenile justice will look like in forthcoming decades of the twenty-first century.

Although no one is totally value-free, every attempt has been made to be fair and provide a balanced presentation of the juvenile justice system. Before juvenile justice can develop more just systems and a more humane present and future for juveniles, its characteristics, procedures, policies, and problems must be carefully examined. This is the task of this text.

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Table of Contents

CHAPTER 1: JUVENILE JUSTICE: AN OVERVIEW

How did Juvenile Justice Develop in the United States?

What Are the Historical Themes of Juvenile Justice?

What Are the Juvenile Justice Agencies and Functions?

How Are Juvenile Offenders Processed?

What Are the Most Widely Held Philosophies and Strategies on Correcting Juveniles?

CHAPTER 2: THE MEASUREMENT OF JUVENILE CRIME AND VICTIMIZATION

How and What Do We Know About Juveniles? The Measurement of Juvenile Crime

What Are Self-Report and Cohort Measures of Juvenile Crime?

What Are the Dimensions of Law-Violating Behaviors?

What Are the Backgrounds of Juvenile Victims?

CHAPTER 3: CAUSES OF JUVENILE CRIME

What Is the Relationship Between Theory and Research?

Is Juvenile Crime Rational Behavior?

How Has Determinism Influenced the Development of the Positive School?

How Does Integrated Theory Explain Juvenile Crime?

Why Has Delinquency Across the Life Course Become So Important?

Application of Theory to Practice

PART II: THE SYSTEM AND EARLY DECISION MAKING

CHAPTER 4: THE POLICE

What Is the History of Police-Juvenile Relations?

What are Juveniles’ Attitudes Toward the Police?

What is Police Discretion and How does it Affect the Police Response to Juveniles?

How Do Police Process Juveniles?

What Legal Rights Do Juveniles Have with the Police?

How Are Police Departments Organized to Fight Juvenile Crime?

How Is Community Oriented Policing Being Used to Tackle Problems in Today’s Communities?

CHAPTER 5: THE JUVENILE COURT

What Major Changes Have Occurred in the Juvenile Court?

How Have Legal Norms Changed?

How Is the Status Offender Controlled?

What Does the Juvenile Court Look Like Today?

What Are the Pretrial Procedures of the Juvenile Court?

CHAPTER 6: JUVENILE TRIAL AND DISPOSITION

What Are Other Stages of Juvenile Court Proceedings?

What Right Does the Child Have to Appeal?

What Is the Juvenile Sentencing Structure?

What Would Justice for Juveniles Look Like?

Toward Excellence in the Juvenile Delinquency Court

CHAPTER 7: JUVENILES IN ADULT COURT

Children or Adults?

How Does Transfer to Adult Court Take Place?

How Does a Youthful Offender System Work?

What Is Life Like for a Juvenile Sent to Prison?

The Juvenile Death Penalty: Three Decades of Change

A Proposed Adult Court for Juveniles

PART III: COMMUNITY-BASED CORRECTIONS

CHAPTER 8: JUVENILE PROBATION

How Is Probation Administered?

What Are the Functions of Probation Services?

How about Risk Control and Crime Reduction?

How Do Probation Officers Do Their Jobs?

What Are the Rights of Probationers?

What Is the Role of Volunteers in Probation?

Is Probation Effective?

CHAPTER 9: COMMUNITY-BASED PROGRAMS

What Has Been the Community’s Acceptance of Community-Based Programs?

How Are Community-Based Programs Administered?

What Is the Role of Delinquency Prevention?

What Is the Role of Diversion?

How do Day Treatment Programs Operate?

How Do Group Homes Operate?

What Are Wilderness Programs?

Are Community-Based Programs Effective?

PART IV: INSTITUTIONALIZATION

CHAPTER 10: JUVENILE INSTITUTIONALIZATION AND AFTERCARE

What Are the Short-Term Confinements of Juveniles?

What Are the Long-Term Confinements of Juveniles?

What Are the Troubling Aspects of Juvenile Institutionalization?

Do Institutionalized Youths Have Rights?

How does Juvenile Aftercare Operate?

CHAPTER 11: TREATMENT TECHNOLOGIES

What is the Treatment Debate?

How Are Youthful Offenders Classified?

What Are the Main Treatment Modalities?

Why Is Treatment Effectiveness So Difficult to Attain?

PART V: TOWARD AN UNDERSTANDING OF THE YOUTHFUL OFFENDER

CHAPTER 12: JUVENILE GANGS

How Have Gangs Evolved in the United States?

What Is Important to Know about Urban Street Gangs?

How Is Gang Involvement Toxic?

What Can Communities Do to Prevent and Control Youth Gangs?

CHAPTER 13: DRUGS AND YOUTHFUL OFFENDING

What Are the Main Types of Drugs?

How Much Drug Use Is There Among Juveniles?

What Is the Relationship between Drug Use and Delinquency?

What Categories Make Up Drug and Alcohol Users?

What About Drug Trafficking Juveniles?

What Explains the Onset of Drug Use?

CHAPTER 14: GENDER, RACE/ETHNICITY, AND CLASS

What Are Explanations of Female Crime?

What is s Feminist Theory of Delinquency?

What Are the Most Important Dimensions of Female Delinquent Behavior?

How Does Gender Bias Affect the Processing of the Female Delinquent?

What is the Influence of Class on the Handling of Juvenile Offenders?

What Is the Influence of Race on Juvenile Justice

PART VI: THE INTERNATIONAL SCENCE

CHAPTER 15: INTERNATIONAL JUVENILE JUSTICE

What Are the Beijing Rules?

How Do Industrialized Nations Handle Juvenile Crime?

How do Emerging Nations Handle Juvenile Crime?

PART VII: THE FUTURE

CHAPTER 16: JUVENILE JUSTICE IN THE TWENTY-FIRST CENTURY

How Do the Problems of Modern Society Affect Youths at Risk?

Why Is It Hard for a Juvenile Offender to “Go Straight”?

What Problems Are There in the Administration of Juvenile Justice?

What will Juvenile Justice Look Like in the Twenty-First Century?

What Is a Viable Credo for Juvenile Justice in the Next One Hundred Years?

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Preface

PREFACE:

Preface

Juvenile justice is part of a broader human rights movement that is concerned with far more than society's response to juvenile lawbreaking. Indeed, as globalization, urbanization, industrialization, and worldwide communications increase, the world's attention increasingly is directed to the plight of all children regardless of circumstances. This concern is extremely late in coming. Approximately one-half of the world's population today is age 15 or younger, and the magnitude of the problems these youths face is staggering. Poverty, racism, sexism, ethnocentrism, and religious differences all influence how children are treated. The reality is that in many societies, children are considered to be economic hindrances and expendable. Local, municipal, state, provincial, territorial, and national governments often lump together the needy, the dependent and neglected, the status offender, the mentally ill, the violent, and the victim of abuse. These children are discriminated against, victimized, persecuted, and sometimes executed by citizens, police, and paramilitary forces. The problems youths face go to the core of cultural thinking, far beyond the needs of societies simply to fine tune agencies and rules for the handling of youths in need.

English-speaking countries such as the United States provide many of the ideals that are behind current world efforts to reform the world's approach to juvenile justice. Unfortunately, even world leaders often fall far short of their own ideals. In this regard, the United States is an excellent case study of what is and what could be in juvenile justice in the world today.

Our primarypurposein this text is to explore and define the important components of and debates over juvenile justice in the United States. Some believe that juvenile justice involves only a study of the early processing of juvenile offenders; others state that the processing of any or all who come through the juvenile justice system should come under the purview of juvenile justice. Because the authors regard the basic focus of juvenile justice as the control, correction, and treatment of both juvenile offenders and the other groups mentioned, we have accepted the latter definition.

We judge that the history and philosophy of juvenile justice, the processing of youths, the detention of juveniles, and the diversion of youths from the juvenile justice system should all be included in discussing juvenile justice. We are committed, moreover, to depicting the fascinating and sometimes tragic world of the juvenile offender, to describing the jobs and problems of practitioners in the justice system who work with youths, and to addressing important issues inherent in juvenile justice. Other important features of this text include a description of drug-trafficking street gangs of the late 1980s and 1990s and information on hate crimes and skinheads; an analysis of the widespread use of narcotics and alcohol by American adolescents; an investigation of the rise and decline of juvenile homicides and the increased popularity of guns among adolescents; a portrayal of the emerging trends in juvenile justice; and an examination of such risk control and crime reduction measures in probation and aftercare as intensive supervision, boot camps, house arrests, and electronic monitoring devices.

These features reflect some of what has happened in juvenile justice over the past 40 years. The 1960s saw the introduction of court reforms that changed the face of juvenile justice, perhaps forever. The 1970s witnessed the decline of the rehabilitative ideal and the growth of a get tough attitude toward the more serious delinquent. The 1980s produced definitive efforts to curb the actions of violent and repetitive juvenile offenders. The death penalty, transfer to the adult court, determinate and mandatory sentences, preventive detention, and intensive supervision in probation and aftercare either were new means of social control or increased in use in the 1980s. As a new wave of reform was occurring in a few jurisdictions across the United States during the 1990s, vigorous debate was taking place in increasing numbers of other states concerning whether this nation should continue with its 100-year history of a separate court for juveniles.

The book begins with an overview of the juvenile justice system, with a special emphasis on the challenges facing juvenile justice in the twenty-first century. Chapter 2 presents an empirical profile on youth crime, derived from the main official and unofficial measurements of crime. Chapter 3 discusses the role of the police in preventing and controlling youth crime. Chapters 4 and 5 are concerned with the background, legal norms, stages of decision making, trial process, and personnel of the juvenile court. Chapter 6 shifts to the types of experiences that await the juvenile who is transferred to the adult court. Chapters 7, 8, and 9 focus on community-based corrections, including probation and aftercare services and residential programs. Chapter 10 presents the structures and programming of long-term confinement of juveniles. Chapter 11 examines theory and research in juvenile justice; Chapter 12 explores the major social correlates influencing youth crime; and Chapter 13 contains a classification scheme for juvenile offenders. Chapter 14 discusses treatment technologies. In Chapter 15, we introduce the topic of international juvenile justice to this text. The Beijing Rules, the model juvenile justice code for the world, provide a basis for the chapter. We discuss how juveniles are handled in three English-speaking countries, Canada, England, and Australia, as well as juvenile justice in four countries with distinctive problems from other areas of the world. Chapter 16 summarizes the text and projects what juvenile justice will look like in the early twenty-first century.

Although no one is totally value free, every attempt has been made to be fair and to provide a balanced presentation of the juvenile justice system. Before juvenile justice can move toward more just systems and a more humane future, its characteristics, policies, and problems must be carefully examined. This is the task of this text.

ACKNOWLEDGMENTS

Many individuals have contributed to the writing of this book. The authors are profoundly grateful to our wives. Linda Dippold Bartollas edited and conceptualized materials throughout the manuscript and conducted interviews with juvenile offenders in three states. JoAnn Miller was a constant source of support and encouragement throughout the many phases involved in the publication of this third edition.

The authors are grateful to those members of the juvenile justice system who were willing to be interviewed, who contributed materials for this edition, or who assisted the authors in replicating "scenes from the halls of justice for photographs for this volume. Special thanks are due to North Franklin, Pennsylvania, Police Chief Roger Cuccaro, Lieutenant Kirk Hessler, and Sergeant Richard Horner; Claysville, Pennsylvania, Police Chief David Danley and Patrolman Donald Cooper; Pennsylvania Magistrate Jay Dutton; Probation Officer Steven Tkatch; Washington County Correctional Facility Treatment Supervisor Dave Talpus; Mall Manager David Graham; Mall Security Officer Rich Keys; and Mel Blount Youth Home Directors Mel Blount and Carol Lockett. Special thanks also are due to David Kraeuter, reference librarian at Washington and Jefferson College, as well as those students who were willing to be models for various photographs throughout this book: Mary Murphy, Jeffrey Pollack, Azzorrahhnove Livingstone, Andrea Miller, Robin Cook, Nelson Downey, and Richard Kelley; Katie Miller and Heather Dengle provided some new photographs for this edition.

We thank Betty Heine for all the tasks that she and her staff performed to keep the manuscript moving without interruption. Debbie Trent, Margie Mahramus, and Sunny SeFzik provided invaluable assistance in preparation of the text, instructor's manual and index, as did Katie Miller, Andrea Miller, and Laura Miller. Willie T. Barney, Robert Quirk, Hanna Bengston, Jamie Miller, and Matthew Beals also played key roles in the development of the manuscript. Finally, we are grateful to Neil Marquardt, our former editor at Prentice Hall, and Kim Davies, our present editor, and her associate, Marion Gottlieb, and especially, Linda Pawelchak for her outstanding project management skills.

Clemens Bartollas
Stuart J. Miller

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