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Chapter 14-Juvenile JusticeFinal Study Guide Criminology 100-Tues/Thurs 4:15-5:30Juvenile Justice- One of the most stable features of crime is that much of it is committed by youths- Crime is a young person’s gameDifferences between juvenile and adult offensesJuvenile Adult- Based on a progressive philosophy- Punitive- Deterrence- punishment- less rehabilitation more social control- the degree is a bit higher- more rehabilitation- different courts  Juvenile justice system is a parallel and sometimes competing system of justice Juvenile delinquent – a person, usually under the age of 18, who is determined tohave committed a criminal offense or status offense in states in which a minor is declared to lack responsibility and cannot be sentences as an adult.  Juvenile Justice System focuses more on social control than rehabilitationo Systematically stripping juveniles of their rightso May not get treatment and rehab is recommended by the courtsChildhood and the Law Todayo Age dictates the rights and responsibilities granted by society Pasto Everyone was treated in the same mannero “teenage” did not existo Child-Adolescent-Adult This in the past was abrupt and not assisted by schools, media, or family traditionso Young men were apprentices into the workforceo Young women were married into other families Nicholas Orme – Author of “Medieval Children”o Stated that there was no single age of responsibility or majority The authority for dealing with children resided with the parents o Primarily the fathero Not the stateo Wielded unlimited authority to punish o As brutally as they wishedo State was powerless to interveneEarly England 3 factors in the gradually improving status of the child 1. Increased availability of educationa. Schools became a major socializing factorb. Apprenticeship movement – young people were placed in the care of craftsmen who taught them tradesi. Committed to work for them till 21 years old2. Poor laws – 17th century laws that turned over vagrants and abandoned children to landowners or shopkeepers as indentured servants a. Aimed in ridding streets of destitute and homeless childreni. Learn tradeii. Safe housingiii. Adequate foodb. Poor houses or workhouses were an alternative but they were still separated from adults and protected to a degree3. Change in the legal status – 13th centurya. Chancery Courts – “court of equity”, in England these were established in part to assist when common law courts failed to resolve a case. These courts were favorable to vulnerable individuals, especially children.  Binding out system – orphans or children with inadequate parents were assigned to foster families.o The apprenticed were given to richer families to be used for domestic or farm laboro Protected inheritance rights until they reached the age of maturity and could legally take care of their own affairs Parens Patriae – “father of the country” – refers to the philosophy that the government is the ultimate guardian of all children or disabled adults o Took a protective role in children’s welfareo Allows courts to take children away from unfit parentso Established standards for education and welfare Laws condemning begging and vagrancyo Led to workhouseso First one – Bridewell  1555Early United States All rules and codes of conduct for juvenile justice were imported from England In colonial North America, little distinction was made between offenses committed by children and adults Parents were in charge and responsible for their children’s behaviorso When they were especially bad it wasn’t uncommon for  Corporal punishment Public shaming Confinement o Children over the age of 7 were subject to criminal law 19th century influx of immigrants inspired changes New institutions were created to deal with this “dangerous class”- New York House of Refugeo 1825o Correct the wayward habits of deviant young peopleo Housed  Orphans Beggars Vagrants Juvenile offenderso Intended as a safe haven, but often dangerouso Older children preyed on younger childreno Operated by religious people Good intentions But usually prejudiced and biaso Females were sexually promiscuouso Black youths were treated less favorably than white youthso Mission was to provide education, but children instead were highly disciplined and required to work Placing out – boys were sent to work on farms and sea vessels. - Girls were sent to homes of wealthy women to serve and learn Orphan trains – sent to west frontier families to work on farms Often exploited for their labor or sexuality o Workers failed to understand the varieties of cultures  Concern : socialization of immigrant childreno Considered new customs deviant and sought to “rescue” children o Very dangerous and substandard institutions o End of 19th century they were abandoned -Ex Parte Crouse o 1838o Court established parens patriae as settled law in American juvenile jurisprudence The Beginning of the Courts 20th century, responsibility of children’s welfare was removed from the criminal court First juvenile court was established o 1899o Cookcounty, Illinoiso Mandate to process the cases of children between 8-17 “Child savers” - civic minded women who extended their material ideas about innocence of children into public services o Social workers in the courto C.Wright Mills says reformers were  Primarily white Middle class Protestant Rural Americans Believed problems of cities were caused by social disorganization o Extended philosophy of parens patriae Courts combined authority of social control with sympathy of social welfare in single institution Afforded judges a great deal of latitude o Led to the differences between modern criminal court and juvenile courtMajor differences between Criminal court and Juvenile court1. Focus on rehab : antisocial children can be redeemeda. Rehab instead of punishmentb. Offenders younger than 18 cannot be executed c. Keeping juveniles out of jail/reform schools would get rid of further temptation d. Antisocial behavior and individual deficiencies can be “treated”2. Informal hearing : case in conducted as a hearing not a triala. Hearing – session that takes place without a jury before a judge or magistrate in which evidence/arguments are presented to determine some factual or legal issue.b. Court workers and judge determinec.


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PSU CRIMJ 100 - Final Study Guide

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