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CHAPTER 1: CHILDHOOD AND DELINQUENCY
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At-risk youth defined:
Young people who are extremely vulnerable to the negative consequences of school failure, substance abuse, and early sexuality
In the US, about 24% of the population under age 17, or about 75 million youths, are “at-risk”
The Risks and Rewards of Adolescence
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Photo: Spencer Platt/Getty Images News/Getty Images
Today, between 14 and 16 million children in America are considered poor
About 7 million children live in extreme poverty
Less than $11,800 for a family of four
Minority children are more like to live in poverty
Child poverty can exact a terrible lifelong burden and have long-lasting negative effects on children
The chances of an adolescent from a poor family with weak academic skills obtaining a bachelor degree by their mid-20s is now close to zero
Child POVERTY
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Adequate healthcare is a significant concern for youth in America
Only 35% of adolescents meet current physical activity recommendations
About 10%, or 7.5 million youths, do not have health insurance
HEALTH PROBLEMS
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Photo : Poverty hits kids especially hard, making it difficult for them to be
part of the American Dream. Here Jalinh Vasquez holds her sister
Jayshel Barthelemy in the FEMA Diamond trailer park in Port Sulphur,
Louisiana, where they still live with five other children and four
adults four years after Hurricane Katrina destroyed their home.
They are still awaiting money from the federal Road Home program
to purchase a new home. Approximately 2,000 families in the
New Orleans metropolitan area live in FEMA trailers, and 80 percent of
those still in trailers were homeowners who are unable to return
to their storm-damaged houses.
Mario Tama/Getty Images News/Getty Images
It is estimated that 40 to 50 percent of first marriages in the U.S. end in divorce
Second marriage failure rate is 60-67 percent, and third marriages fail at a rate of 73-74 percent
PARENTAL SEPARATION AND DIVORCE
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LO1. Analyze the risks faced by youth in American culture.
5
Family dissolution and disruption plague American youth
Kids are placed in foster care as families undergo divorce, separation, and breakups
About 400,00 kids in foster are waiting to be adopted
Foster Care System
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Photo:
Kids are often caught in the crossfire of marital strife and all
too often become its innocent victims. Family friend Margaret
Fischer holds up a picture of Amanda Peake and her two
children in front of the family’s home in Red Bank, South
Carolina. Peake’s estranged boyfriend, Chancey Smith, shot
her, then her 9-year-old son Cameron, then her 6-year-old
daughter Sarah inside the family’s home in the community of
Red Bank. Smith then turned the gun on himself.
AP Images/Kim Foster-Tobin
About 60% of fourth graders are not reading at appropriate grade level
Educational problems are more likely to hit minority kids
Adults 25 years of age without a high school diploma earn 30 percent less money
INADEQUATE EDUCATION
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Photo:
Foster care is a trying time for some youth. Here, a 17-year-old
girl in handcuffs is questioned by a vice squad policeman in
Los Angeles about committing prostitution. While the charge
of soliciting or loitering with the intent to commit prostitution is a
misdemeanor, the young woman will be held for 2 to 4 days. As a
minor, she was formally charged with loitering with the intent to
engage in acts of prostitution. The majority of juveniles arrested
for prostitution in Los Angeles come from the city’s foster care
program. In South Central Los Angeles, prostitution flourishes
and is often controlled by pimps who are former Bloods or Crips
gang members.
Robert Nickelsberg/Getty Images
Any act (or failure to act) by a parent or caregiver who is responsible for the child’s welfare….
Up to 700,000 children are legally abused each year
CHILD ABUSE and NEGLECT
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
The Internet and other technology have brought new problems such as sexting/cyberstalking
Phoebe Prince, a 15-year-old girl, hung herself after enduring torment by her fellow student
Bullying among children
Repeated, negative acts committed by one or more children against another
Verbal, psychological, physical, social, and/or virtual
Cyberbullying
The willful and repeated harm inflicted through the medium of electronic text
About 25% of youth has been the target of cyberbullying
SOCIAL MEDIA AND THE INTERNET
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LO1. Analyze the risks faced by youth in American culture.
9
Cyberstalking
The use of the Internet, e-mail, or other electronic communications devices to stalk another person
Sexting
Sending sexually explicit photos, images, text messages, or emails via a cell phone or other mobile device
In a recent study of 10 through 17 year-olds, about 2.5% had appeared in or created nude or nearly nude pictures or videos
CYBERSTALKING and SEXTING
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
Photo:
Not only are kids at risk of real-time bullying, but they may
be bullied in cyberspace by people they hardly know and
whose identity is hard to discover. Here, John Halligan
shows the web page devoted to his son. Ryan was bullied
for months online. Classmates sent the 13-year-old Essex
Junction, Vermont, boy instant messages calling him gay.
He was threatened, taunted, and insulted incessantly by
cyberbullies. Finally, Ryan killed himself. His father says he
couldn’t take it anymore.
AP Images/TOBY TALBOT
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Juvenile delinquency is the participation in illegal behavior by a minor who falls under a statutory age limit
About 1.7 million youths under age eighteen are arrested each year for crimes ranging from loitering to murder
More than 800 thousand youths belong to street gangs
JUVENILE DELINQUENCY
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LO1. Analyze the risks faced by youth in American culture.
11
During this time period (A.D. 700-1500):
“Paternalistic family”
The father exercised complete control over his wife and children
Children were expected to take on adult roles when they were physically capable – “miniature adult”
Girls were educated at home and married in their early teens
Boys learned farming and masonry
CUSTOM AND PRACTICE IN THE MIDDLE AGES
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LO2. List the major events in the history of childhood.
England started recognize children’s rights:
Changes in family structure
The Apprenticeship Movement
The English Poor Laws
The role of chancery court
THE DEVELOPMENT OF CONCERN FOR CHILDREN
© 2017 Cengage Learning. All rights reserved.
LO2. List the major events in the history of childhood.
Photo:
During the Middle Ages, children like those shown in this sixteenth century
woodcut were expected to be obedient and compliant or
face the wrath of their parents, who would not hesitate to use
corporal punishment.
The Granger Collection, NYC
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In 1536, the English passed statutes known as Poor Laws
These laws placed children as servants in the homes of the affluent
The Elizabeth Poor Laws of 1601
Created a system of church wardens and overseers
These laws put children in poorhouses or apprenticed them to masters
POOR LAWS
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LO2. List the major events in the history of childhood.
Chancery courts
Established to protect property rights and seek equitable solutions to disputes and conflicts
The courts operated on the proposition that children were under the protective control of the king – parens patriae
THE CHANCERY COURT
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LO2. List the major events in the history of childhood.
15
In the U.S., discipline was more rigidly enforced
Children attended public whippings and executions
Any punishment less than maiming or permanently harming a child was considered within the sphere of parental rights
Child Protection Laws were passed in 1639 in New Haven, Connecticut
CHILDHOOD IN AMERICA / CONTROLLING CHILDREN
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LO2. List the major events in the history of childhood.
Children were treated with extreme cruelty at home, at school, and by the law
Groups known as child savers were formed which created community programs to service needy children and to lobby for a separate legal status for children.
DEVELOPING JUVENILE JUSTICE
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LO3. Trace the history and purpose of the juvenile justice system.
At the beginning of the 19th century, delinquent, neglected and runaway children were treated as adult criminals
Various legislation was introduced to humanize criminal procedures for children:
However, youths who committed petty crimes or were victims of neglect were placed in asylums or homes
JUVENILE JUSTICE IN THE Nineteenth CENTURY
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LO3. Trace the history and purpose of the juvenile justice system.
In 1817, prominent New Yorkers formed the Society for the Prevention of Pauperism
Child-savers
Child-saving organizations influenced state legislatures to enact laws giving courts the power to commit runaway children or criminal offenders to specialized institutions
House of Refuge – New York,1825
It was run like a prison, but was later forced to take a more lenient approach
THE CHILD-SAVING MOVEMENT
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LO3. Trace the history and purpose of the juvenile justice system.
19
Reform schools
Racially and sexually segregated; harsh discipline
Children’s Aid Society (1953)
Rescued children and provided them with temporary shelter
Orphan trains
Placed neglected/abused children on western farms
Society for the Prevention of Cruelty to Children (SPCC) (1874)
Focused on abused children
DEVELOPMENT OF JUVENILE INSTITUTIONS
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LO3. Trace the history and purpose of the juvenile justice system.
Photo:
At the turn of the 19th century, the plight of home children such as these sleeping in a basement
boiler room prompted wealthy individuals to join child save groups such as the Children’s Aid
Society. Their efforts led to the development of the juvenile court and its emphasis on care and
treatment rather than control and punishment.
ullstein bild/Getty Images
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The Illinois Juvenile Court Act – (1899)
For the first time, the distinction was made between children who were neglected and those who were delinquent
Established a court and a probation program specifically for children
Allowed children to be committed to institutions and reform programs under the control of the state
THE ILLINOIS JUVENILE COURT ACT AND ITS LEGACY
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LO4. Evaluate the effectiveness of the early juvenile court.
21
By 1925, juvenile courts had been established in every state
The court was based on a child’s noncriminal actions and status, not strictly on a violation of criminal law
Did not provide juvenile offenders with full array of constitutional protections
Court’s process was paternalistic
Attorneys were not required
Hearsay evidence was admissible
Verdicts were based on preponderance of the evidence
The major functions were to prevent juvenile crime and to rehabilitate juvenile offenders
THE ILLINOIS JUVENILE COURT ACT AND ITS LEGACY
© 2017 Cengage Learning. All rights reserved.
LO4. Evaluate the effectiveness of the early juvenile court.
22
In 1912, the U.S. Children’s Bureau Formed as the first federal child welfare agency
In 1962, New York passed legislation creating a family court system
Between 1960s and 1970s, the U.S. Supreme court issues a series of due process rights for juveniles:
Right to confront witnesses
Notice of charges
The right to counsel
REFORMING THE SYSTEM
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LO4. Evaluate the effectiveness of the early juvenile court.
23
The designation delinquent became popular at the onset of the 20th century when the first separate juvenile courts were instituted
Minors who engaged in illegal behavior were viewed as victims of improper care at home
The state should act in the best interests of the child and children should be given the care necessary to control their wayward behavior as opposed to being punished
DELINQUENCY AND PARENS PATRIAE
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LO4. Evaluate the effectiveness of the early juvenile court.
24
Delinquency refers to a minor child who has been found to have violated the penal code
Juveniles are:
Kept separated from adults
Receive different treatment than adults
Dealt with by some form of juvenile courts
Terminology for juvenile offenders is different
Charges are kept confidential, trial records are kept secret
THE CURRENT LEGAL STATUS OF DELINQUENCY
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LO4. Evaluate the effectiveness of the early juvenile court.
25
Juvenile delinquency falls somewhere between criminal and civil law
Delinquent behavior is treated more leniently than adult misbehavior, because the law considers juveniles to be less responsible for their behavior than adults
Juveniles offenders also have the same legal protections conferred on adults accused of criminal offenses
Is there a bright line between juveniles and adults?
LEGAL RESPONSIBILITY OF YOUTHS
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LO4. Evaluate the effectiveness of the early juvenile court.
26
A child can become subject to state authority for committing actions that would not be considered illegal if committed by an adult
The court can exercise control over dependent children who are not being cared for
About 115,000 are petitioned to juvenile court
Girls are more likely to be petitioned for running away, while a majority of curfew violators are males
STATUS OFFENDERS
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LO5. Contrast the treatment of juvenile delinquents and status offenders.
A trend began about 50 years ago to separate status offenders from juvenile delinquents
The purpose is to shield noncriminal youths from the stigma attached to juvenile delinquents and to signify their special needs and treatment
ORIGINS OF THE STATUS OFFENSE CONCEPT
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LO5. Contrast the treatment of juvenile delinquents and status offenders.
Photo:
School programs have been designed to keep kids away from
the lure of the streets and status offending. Here, medals are
presented to successful students at the Oakland Military Institute,
a public school funded by the Pentagon and the National Guard
and administered by the California State Board of Education. Its mission
is to tame unruly youngsters through discipline and military-style
conformity. Parents see the school as a way out of a crumbling
public education system that, in Oakland and other urban
centers, is woefully underfunded and understaffed.
nina berman / NOOR /Redux
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Separate status offense categories may avoid some of the stigma associated with the delinquency label, but they have little effect on treatment.
THE STATUS OFFENDER IN THE JUVENILE JUSTICE SYSTEM
© 2017 Cengage Learning. All rights reserved.
LO5. Contrast the treatment of juvenile delinquents and status offenders.
In 1974, the U.S. congress passed the Juvenile Justice Delinquency Act
The act created the Office of Juvenile Justice and Delinquency Prevention
It was authorized to distribute grants and provide support to those states that developed alternate procedural methods
REFORMING THE TREATMENT OF STATUS OFFENDERS
© 2017 Cengage Learning. All rights reserved.
LO5. Contrast the treatment of juvenile delinquents and status offenders.
When a juvenile is charged with an offense, the courts may decide whether or not to divert him/her to an outside program
A number of states have changed the way they handle status offense cases
Maine, Delaware, and Idaho have attempted to eliminate status offense laws
Serious offenses may be transferred (waived) to the adult court
Efforts have been made to remove non-serious offenses from agencies of justice
THE EFFECTS OF REFORM
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LO5. Contrast the treatment of juvenile delinquents and status offenders.
Intervention
Southwest Key Programs
National organization that provides a variety of programs that serve over 200,000 youth and their families annually
Sponsor culturally relevant education programs; keep status offenders from becoming formally involved with the juvenile justice system
How would you answer a critic who argues that all social programs should be cut and that social programs are a waste of time? Does the Southwest Key success story influence your thinking about intervening with troubled youth?
© 2017 Cengage Learning. All rights reserved.
LO1. Analyze the risks faced by youth in American culture.
32
Some juvenile court judges believe that reducing judicial authority over children will limit juvenile court jurisdiction to hardcore offenders and constrain its ability to help youths before they commit serious antisocial acts
Experts find status offense laws are still too draconian, resulting in nearly 10,000 youth being confined annually for status offenses
THE FUTURE OF THE STATUS OFFENSE CONCEPT
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LO5. Contrast the treatment of juvenile delinquents and status offenders.
Some research has found that after curfews were implemented, victimization increased significantly during the hours that curfew are not in effect
All states make it either mandatory or discretionary for the juvenile court to require a parent or guardian to pay at least part of the support costs for a child who is adjudicated delinquent and placed out of the home
CURFEWS / Disciplining parents
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LO5. Contrast the treatment of juvenile delinquents and status offenders.
Photo:
Philadelphia Mayor Michael Nutter walks with community leaders
and several teens in the Center City neighborhood in an effort
to combat marauding groups of teenagers and preteens known as
“flash mobs.” The mayor ordered a curfew requiring anyone under
18 to be off the streets by 9 p.m. on Friday and Saturday nights in
problem-plagued areas of the city.
Joseph Kaczmarek/Mct /Landov
The treatment of juveniles is an ongoing dilemma
The effort to separate status offenders from delinquents and to maintain separate facilities for those who need to be placed in a shelter care program have been successful
Do young law violators respond better to harsh punishments or to benevolent treatment?
Some jurisdictions have implemented curfew and parental laws, but so far there is little evidence that they work as intended
Summary
© 2017 Cengage Learning. All rights reserved.
LO5. Contrast the treatment of juvenile delinquents and status offenders.