Chapter 17

Corrections for
Juveniles

Clear & Cole, American Corrections, 8th

Corrections for Juveniles
 The Problem of Youth Crime
 History of Juvenile Corrections
 Juvenile Corrections: English Antecedents
 Juvenile Corrections in the United States
 Why Treat juveniles and Adults Differently?
 Differences between Adults and juveniles, in
Perspective
 The Problem of Serious Delinquency
 Sanctioning juvenile Offenders
 Overview of Juvenile Justice System
 Disposition of Juvenile Offenders

Clear & Cole, American Corrections, 8th

“parens patriae”

 the “parent of the country”;

the role of the state as
guardian and protector of all
people (particularly juveniles)
who are unable to protect
themselves

Clear & Cole, American Corrections, 8th

 Evolution of juvenile justice
in America, 1600s - 2000

Juvenile Rights Crime

1960 - 1980 Control
•In re Gault, 1967 1980 - 2007
•JJ & Del. Prev. Act, 1974 •victim emphasis
deinstitutionalize status •punishment of
offenders serious offenders
•legalization of juv. law •waive serious cases

Juvenile Court Refuge Period Puritan Period

1899 - 1960 1824 - 1899 1646 - 1824
•Ill. Juv. Crt, 1899 •NY House of Refuge, •Mass. Stubborn
•separate legal system for
juv’s 1825 for delinquent & Child Law, 1646
•child as “legally dependent children •child as “evil”
irresponsible” • child as “helpless”

Clear & Cole, American Corrections, 8th

Julian W. Mack

 Julian W. Mack (1866-1943) One of

the foremost innovators in juvenile
justice, Mack presided over Chicago’s
juvenile court from 1904 to 1907. He
believed that the proper work of the court
depended on the judge, supported by
probation officers, caseworkers, and
psychologists. He sought as much as
possible to avoid using reformatories and
tried to bring the expertise of social
service professionals to the courts.
Clear & Cole, American Corrections, 8th
hallmarks of juvenile court
 informality
 not hindered by legalities of “due process”
 judges ran sessions as conversations
exploring needs of child
 individualization
 each child is unique and has unique
circumstances, problems, and needs
 intervention
 aim not to punish, but to help child become
law-abiding
 identify and solve problems; provide treatment

Clear & Cole, American Corrections, 8th

“delinquent”

a child who has committed an act

which, if committed by an adult,
would be criminal

Clear & Cole, American Corrections, 8th

“neglected”

a child who is not receiving

proper care because of some
action or inaction of his or her
parents

Clear & Cole, American Corrections, 8th

“dependent”

a child who has no parent or

guardian or whose parents are
unable to give proper care

Clear & Cole, American Corrections, 8th

“In Re: Gault”

 watershed Supreme Court case

granting “essential” due process
rights to juveniles facing adjudication
by juvenile court
notice
hearing
counsel
cross-examination

Clear & Cole, American Corrections, 8th

why treat juveniles differently
 juveniles are young and may easily change
 more susceptible to treatment
 juveniles have a high rate of ‘desistance’
 most never get in trouble again
 juveniles’ families important to their lives
 state acts in partnership w/ family to treat child
 juveniles are easily influenced by peers
 juvenile crime is a group phenomenon
 removed from the group, child will behave
 juveniles have little responsibility for others
 easier to get them to isolate & modify behavior

Clear & Cole, American Corrections, 8th

Female Offense proportion

Clear & Cole, American Corrections, 8th

Juvenile Delinquents in Public
Custodial Facilities

Clear & Cole, American Corrections, 8th

Characteristics of Youth Who
Belong to a Gang

Clear & Cole, American Corrections, 8th

% arrests involving juveniles by
crime

Clear & Cole, American Corrections, 8th

high risk juvenile offenders
factors of concern

 persistent behavior problems in elementary

school years
 onset of delinquency, aggression, drug use
between 6 & 11
 antisocial parents
 antisocial peers, poor school attendance,
impulsivity, weak social ties between 12-14
 membership in delinquent gangs
 drug dealing

Clear & Cole, American Corrections, 8th

juvenile offender dispositions
 waiver (to adult court)
 diversion
 correctional programs
 detention
 juvenile probation
 working in the school
 intermediate sanctions
 juvenile community corrections
 juvenile incarceration
 juvenile aftercare

Clear & Cole, American Corrections, 8th