Historical BackgroundAt the end of 2009, 1 in 32 Americans were in prison, with young African- Americans being disproportionally targeted1899, Illinois legislature created the 1st juvenile court in the USLacked the adversarial nature of adult courtsPunishment meant rehabPrison meant going to a detention center or reform schoolCriminal Offenses meant act of juvenile delinquencyJuvenile Justice SystemThe courts became the stern parentCourts assumed that the misbehavior was a result of their environmentCourts assumed that the kids had the potential to become law-abiding members of societyTheir aim was to try and correct those environmental problems and re-integrate them into the communityThe purpose of interventions for adjudicated involve:Delivering services designed to reduce the risk of future offendingImprove/eliminate deficits that are relevant to such risksAssessing Risk and Needs in JuvenilesPublic safety and treatment needs/amenability are 2 considerations that recur in juvenile forensic assessmentThe question remains of whether or not the juvenile will reoffend following the completion of the intervention & whether or not the proposed intervention will actually help improve deficits, problems and risks related to re-offenseCommunity Based InterventionsSchool-based probationThe youth’s attendance, performance and behavior in school is monitored through the probation officer’s personal visits to the schoolIntensive probationMore frequent monitoring contactMulti-system therapy (MST)Focuses on multiple systemsThe individualThe familyPeersSchoolSocial networksConsidered on of the best validated interventions for juvenilesOregon Treatment Foster CareTreatment intervention based in the communityDeveloped in the ‘80’s as an alternative to “treatment as usual” for juveniles charged with serious offenses.Juveniles are placed with specially trained foster parentsIdentified as a model treatment by the US Surgeon GeneralFunctional Family TherapyCommunity based intervention for juvenile offendersBeen in effect for 30 yrsFamily focused and therapy often takes place in the homeIts effectiveness depends on the adherence to the modelMore effective in reducing behavioral problemsFrontal Lobe DeficitsThe frontal lobe is part of the adolescenceFrontal lobes aren’t fully developedDeficits/problems in interpreting social cuesNegative emotions can dominateFocus on immediate awardLess focus on consequencesChange with experienceDelinquent behavior isn’t the identity of mostJudged to be “delinquent,” not “guilty”Juvenile Justice SystemSentence MaximumsTypically until 21 but this variesMore informal than adult courtPrivacy is better protectedDuring trial and post-adjudicationVarious adjudication options, detention center, group home, residential faculty, probation, day treatment, community service, a fine, restitution, etc.The goal is always rehab never punishmentCan be waived out of the juvenile systemGet tough on CrimePunishment and accountability over rehabWaiver/transfer to adult courtTend to make it easier to transfer to adult courtEx: Christian Fernandez (12 yrs. Old)Juvenile verdict in Delhi gang-rape case sparks outrageWaiver to adult CourtDiscretionary or mandatoryBased onType of crime juvenile is charged withAgePrevious criminal historyAmenability to treatment/ or the risk of re-offendingGeographic locationAlternative optionsConsequences of being in the adult systemIncarceration is a longer period of timeThere is a lack of resources to carry of rehabilitationPossibly less likely to be deterred from crime (34% more likely to be re-arrested is processed in adult system vs. juvenile)Higher likelihood of victimizationCapital Punishment for JuvenilesThompson v. Oklahoma (1988)Ruling: can’t execute someone under the age of 16Roper v. Simmons (2005)Ruling: It is cruel and unusual to execute someone under the a age of 1822 executions from 1976-2005Some countries still do but very fewOther Considerations“Less guilty by reason of adolescence?”Distinction between “excuse & mitigation”Legally, excuse means no responsibility attributed to the crimeMitigation means reduced responsibility, but doesn’t completely eliminate itAt what age does one understand their own rightsUnderstand trial proceedings?Juveniles are more at risk of confessing to crimes they never committedDue Process for JuvenilesSince the ideal juvenile justice system was seen as non-adversarial, rehabilitative and in the best interest of the child…. There is no need for counselGault Case (1964)15 year old charged with “making an obscene call” to a neighborParents not informed of the arrestAlready on probation for being present when another boy stole a walletPossible admitted to dialing the phone, but not speakingSentence: Juvenile detention center until he was 21 (6 yrs)The supreme court ruled: there was a violation of the Due process Clause (14th amendment)Court ruled the Gault had the following rights, which had been deniedNotice of the chargesRight to an attorneyRight to confront and cross-examine the witnesses against himThe privilege against self-incriminationBasically the same rights as adultsNurturance & Self-DeterminationRights of ChildrenNurturance RightsChild’s entitlement to protection, sustenance, etc.Consistent with the tenet of the juvenile justice system to remove the children from bad environmentsSelf-Determination RightsChild’s entitlement to exercise control over their own lives, & make independent choices about their well-beingLecture 9Outline of Last Lecture I. Eyewitness Testimonya. Confirmation Bias II. Perry vs. New Hampshire III. Variables & Eyewitness Accuracy IV. Accurate Identifications a. Estimator Variablesb. System VariablesV. Special Considerations VI. Child Witnesses Outline of Current Lecture VII. Historical BackgroundVIII. Juvenile Justice SystemIX. Purpose of Interventions X. Assessing Risk & Needs in JuvenileXI. Types of Rehabilitation programs a. Community- based interventionsb. Multi-system therapy (MST)c. Oregon Treatment Foster Care d. Fundamental Family CareXII. Capital Punishments for JuvenilesCurrent Lecture Historical Background- At the end of 2009, 1 in 32 Americans were in prison, with young African- Americans being disproportionally targeted - 1899, Illinois legislature created the 1st juvenile court in the USo Lacked the adversarial nature of adult courtso Punishment meant rehabo Prison meant going to a detention center or reform schoolo