question archive Reflection on the “Stick Up Kid”
Reflection on the “Stick Up Kid”
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Reflection on the “Stick Up Kid”.
A Reflection is a critical analysis of the information presented in the documentary. If, you do not know what critical thinking is do some research.
Hint…your paper should focus on topics such as (serious crimes, juveniles sentenced as adults, treatment, punishment, rehabilitation etc. from Chapter 13).
This is not an opinion paper you must back up your assertions with facts. Therefore, you need to use the information in the textbook or find some outside research to back up your assertions. For example, Alanza’s was a runaway prior to committing a crime according to Jones 2018, “ Juveniles often have….. “ para 15.
Do not summarize the video you will get no credit for a summary.
It would be very helpful if you read Chapter 13 prior to viewing the video. The video serves as a real life application of the topics presented in Chapter 13.Twelfth Edition Chapter 13 Juvenile Justice Professor Cary Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Juvenile ? ? A youth at or below the upper age of juvenile court jurisdiction in a particular state About 1 million juveniles under 18 are arrested each year Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Juvenile justice system: ? ? The government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court. Its roots are in the adult system Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Before the modern era, children who committed crimes in the Western world received no preferential treatment because of their youth Delinquency ? Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Parens Patriae ? ? A common law principle that allows the state to assume a parental role and to take custody of a delinquent child By the end of the 18th century, the Enlightenment emphasized human potential ? Society became increasing concerned about the wellbeing of children Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? By the middle of the nineteenth century "houses of refuge" were developed to save children from lives of crime and poverty. The American "child-savers" Movement ? Reform school Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? The 1899 Illinois Juvenile Court Act created a juvenile court. Applied the term "delinquent" rather than "criminal" to avoid lasting stigma ? Determination of guilt or innocence took second place to the betterment of the child ? ? In 1938, the federal government passed the Juvenile Court Act. Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Key philosophical principles The state is the "ultimate parent" ? Children are worth saving ? Children should be nurtured ? Justice and reformation need to be individualized ? Noncriminal procedures are necessary in order to help the child ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Delinquent child: ? ? Undisciplined child: ? ? A child who violates the criminal law A child who is beyond parental control, as shown by a refusal to obey legitimate authorities Dependent child: ? A child who has no parents or guardians to care for him or her Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Neglected child: ? ? Abused child: ? ? A child who is not receiving proper care from parents or guardians. A child who has been physically, emotionally, or sexually abused. Status offender: ? A child who violates laws written only for them Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Status Offense ? ? An act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court Status offenses were a natural outgrowth of juvenile court philosophy. Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Throughout the first half of the 20th century, the Supreme Court followed a hands-off approach to juvenile justice Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? ? ? ? Kent v. United States (1966) In re Gault (1967) In re Winship (1970) McKeiver v. Pennsylvania (1971) Breed v. Jones (1975) Schall v. Martin (1984 Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? ? ? ? Thompson v. Oklahoma and Stanford v. Kentucky (1988-1989) Roper v. Simmons (2005) Graham v. Florida (2010) J.D.B. v. North Carolina (2011) Miller v. Alabama (2012) Montgomery v. Louisiana (2016) Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Omnibus Crime Control and Safe Streets Act of 1968 ? Provided money and technical assistance to states and municipalities seeking to modernize their justice systems Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 ? ? Provided federal grants to states and cities seeking to improve their handling and disposition of delinquents and status offenders Participants had to meet 2 conditions: ? "Sight and sound separation mandate" ? Deinstitutionalize status offenders Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? PROTECT Act of 2003 (Amber Alert law) ? Provides federal funding to states to ensure the creation of a national AMBER network to facilitate rapid law enforcement and community response to kidnapped or abducted children Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Most jurisdictions have statutes designed to extend the Miranda provisions to juveniles. ? It is unclear whether juveniles can legally waive their Miranda rights. Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? New Jersey v. T.L.O. (1985) ? ? Students have a reasonable expectation of privacy in their personal property A search is considered reasonable if: ? It is based on a logical suspicion of rule-breaking actions. ? It is required to maintain order, discipline, and safety among students. ? It does not exceed the scope of the original suspicion. Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Juvenile court jurisdiction rests on the offender's age and conduct ? ? ? Most states define a juvenile as one who is not 18 A few states have set the age at 16 or 17 for juvenile court jurisdiction. Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? If juvenile court authority is not exclusive, it may be original or concurrent Original jurisdiction – an offense must originate with juvenile court authorities ? Concurrent jurisdiction –other courts have equal statutory authority to originate proceedings ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Juveniles do not have all due process protections guaranteed to adults Other differences include Less concern with guilt or innocence ? Treatment emphasized over punishment ? Privacy ? Dispositions based on social science ? No long-term confinement ? Separate facilities ? Broad discretionary alternatives ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Four states in the juvenile justice process Intake ? Adjudication ? Disposition ? Postadjudicatory review ? ? Juvenile system is more likely to use discretion and diversion at each stage Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Juveniles come to the attention of the system through arrest or the filing of a juvenile petition ? ? Juvenile petition: A document alleging that the juvenile is a delinquent and asking the court to assume jurisdiction Emphasis on diversion ? 1 in 5 cases involve preadjudication detention Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Detention hearing ? ? Preliminary hearing ? ? Conducted by judge or officer of the court Purpose is to determine if there is probable cause to believe that the juvenile committed the alleged act Transfer hearing ? Consider transfer of case to adult court Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Adjudicatory Hearing The fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition ? Similar to an adult trial ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Key differences from adult trial Emphasis on privacy ? Informality ? Speed ? Evidentiary standard ? Court philosophy ? No right to trial by jury ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Teen Court An alternative to juvenile justice in which alleged offenders are judged and/or sentenced by a jury of their peers ? Hundreds of teen courts are in operation across the country. ? Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Dispositional hearing ? ? Used to decide what action the court should take after a juvenile has been found delinquent Similar to an adult sentencing hearing Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Judges usually have wider range of sentencing alternatives Major classes of juvenile disposition: to confine or not to confine ? ? Primary objective is rehabilitation Judge is likely to select the least restrictive alternative that meets the juvenile's needs and the legitimate concerns of society for protection Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Most judges decide not to confine juveniles Probation disposition ? Usually means juveniles are released into the custody of a parent or guardian and ordered to undergo some form of training, education, or counseling Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? Most confined juveniles are held in semi-secure facilities designed to look like residential high school campuses Most states have at least one security facility for most recalcitrant offenders Also operate halfway houses, "boot camps," ranches, forestry camps, wilderness programs, group homes, state-hired private facilities Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? The operative philosophy of custodial programs for juveniles focuses squarely on the rehabilitative ideal. Juveniles are usually committed to secure facilities for indeterminate periods of time. Typical stay is less than one year Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Release is often timed to coincide with the beginning or the end of the school year. Most juvenile facilities are small, with 80% designed to hold 40 residents or fewer. Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved INSERT FIGURE 13-6 Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? ? ? 86.4% male 40% black, 32.4% white, 22.7% Hispanic 3.6% institutionalized for status offense 61% in residential facilities for a serious personal or property crime 1.3% charged with homicide Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Overcrowding exists in many juvenile institutions. Widespread problems in juvenile facilities in areas of living space, health care, security, and control of suicidal behavior Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Many states use private facilities ? ? ? 68% of juveniles held in public facilities, 32% in private facilities Typical juvenile in public facility – black, male 14-17, held for delinquent offense Typical juvenile in private facility – white, male 1417, held for nondelinquent offense Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? Appellate review may be more critical for juveniles due to the detrimental effects of institutionalization Federal courts have not established a clear right to appeal from juvenile court Most states have statutory provisions making such appeals possible Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? Practically speaking, juvenile appeals may not be as consequential as adult appeals ? ? ? Most complaints handled informally Only a small proportion of adjudicated delinquents placed outside the family Sentence lengths are short Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? Serious juvenile crime in late 20th century led to criminalization of juvenile courts Today are seeing a move back toward original principles of the juvenile court Research distinguishing adolescents from adults contributing to reestablished boundaries between adult and juvenile justice systems Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? Comprehensive juvenile justice reforms Reformation of transfer, waiver, and direct-file laws ? ? ? Blended sentences Upping the age of juvenile court jurisdiction Development of evidence-based prevention, intervention, and detention reform Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved ? ? ? ? Due-process reforms Recognition of the mental health needs of juveniles Addressing racial and ethnic disparities Improvements to aftercare programs Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved
