Part I

INTRODUCTION

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Chapter 1: Juvenile Justice: An Overview

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Outline
How Did Juvenile Justice Develop in the United States?

How Did the Juvenile Court Develop?

What Is the History of Juvenile Confinement?
How Did Probation Develop?
What Is the History of Aftercare?

What Are the Historical Themes of Juvenile Justice?

Increased Authority of the State

Reform and Retrenchment
Get Tough and Go Soft Approaches
Threat of the Dangerous Poor
The Unsolvable Nature of Juvenile Crime

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Outline (cont.)
What Are the Juvenile Justice Agencies and Functions?
The Police
The Juvenile Courts
Corrections Departments

How Are Juvenile Offenders Processed?

What Are the Most Widely Held Philosophies and
Strategies on Correcting Juveniles?

The Treatment Model

The Justice Model
The Crime Control Model
The Balanced and Restorative Justice Model

Comparison of Four Models

Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Objectives
1.

2.
3.

4.

To retrace the journey of juvenile justice in the United

States
To reveal the historical themes that guided the
development of juvenile justice in the United States
To present the structure and procedures of juvenile
justice agencies in the nation
To examine the various philosophies and strategies for
correcting juvenile offenders
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Review definitions of childhood

(pp. 14 17):
Fifth century A.D.: Age 7 determined whether
youths would be exempted from criminal
responsibility under certain conditions.
Youth age 12 (girls) and 14 (boys) were held
responsible for their socially unacceptable
behaviors.
England: Children are between ages 7 and 14;
their responsibilities were determined by the
severity of the crime, maturity, capacity to
distinguish between right and wrong, and
evidence of blatant malice.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Increased authority of the state

At first, the family was solely responsible for its
children.
The state began to step in after the colonial period.
Parens patriae doctrine adopted from Englandright
of the Crown to intervene in family affairs.
Divorce, dysfunctional families, abuse, and neglect
require attention that likely will keep the state involved.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

1. What is the juvenile justice system?

What does it do?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Responsible for controlling and correcting

the behavior of troubled juveniles

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

2. How were juveniles handled by society before

the founding of the juvenile court?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 56):

Puritan times: Focus was on raising children correctly and
making them follow societys rules. The early Massachusetts
Puritan code become the model for the U.S. Constitution.
Beginnings of industrialization: Increase in unruly children led
to the creation of training schools.
Urbanization: Cities grew rapidly, fed my immigration, which
led to poverty, disease, dilapidation.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

3. Which juveniles were targeted before the

founding of the juvenile court and why? Who
engineered the founding of the court, and what
philosophy did they follow?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 59):

Immigrants and the poor: Targeted by the middle and upper class.
Juveniles treated as adults: The Chicago court was created that treated
juveniles as adults.
Middle- and upper-class female reformers: Wanted to reaffirm parental
authority, the role of women and save children from the streets.
Positive school: Argued that people were pushed into crime by forces
beyond their control. Formed basis for early juvenile courts.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

4. Describe the early juvenile court.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 69):

Cook County, 1899: Based on the premise of parens patriae, which allowed it to take charge of children.
Informal basis: Not structured like traditional courts
No courtrooms
Could be brought the court without criminal charges
Hearing and records not public
Proof of criminality not necessary
Court had wide discretion on actions
Attorneys not necessary
Due process rights suspended.
Proof beyond a reasonable doubt not required; hearsay evidence allowed.
Judge as father figure
Needs of child

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

5. What was the thinking behind the

development of the first houses of refuge?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 1011):

First House of Refuge established in New York city in 1825.
Industrialization: Led to sizeable increases in city populations
Changes in family and community: Community norms could no longer be
enforced through traditional means.
Urbanization:
Existing jails and prisons: Not suitable for children
Family model (develop fully): Intended to instill order, discipline, and care
Internal organization and discipline: Harshit was believed that once
authority was established, the children would look at the superintendants
admiringly and as friends.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

6. When were reformatories developed, and

what were their goals?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 1112):

Mid nineteenth century: Variation of the House of
refuge with greater emphasis on schooling.
Schooling and labor: Children contracted out for
labor in manufacturing industries.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

7. Describe the cottage system.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (p. 12):

Rural values
Rural areas
Housed in separate building, not fortress like
structures.
Structural organization still the accepted model for
juvenile facilities today.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

8. Describe the history of juvenile probation

up to the present.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 1213):

John Augustus: Boston cobbler who took on his first client
in 1841. Instigated services such as investigation and
screening, supervision of probationers, interviewing, and
arranging for relief, employment, and education.
First regulation by statute: Regulation established by the
mayor of Boston in 1878 with the appointment of the first
paid probation officer.
Juvenile court era: Probation officers considered
themselves servants of the court and not defenders of
childrens rights.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 National Association of Probation Officers: Established the

first association for probation officers in 1907.
Post-WWI: Need for training social workers increased.
The social workers of the time were trained under the
medical model and treated juvenile probationers as
disturbed patients.
Original probation theory: It was better for children to be
home with their parents as long as they obeyed the
injunction, Go and Sin no more.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

9. What are the definition and history of

aftercare?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 1314):

Aftercare is focused on how to best deal with the
problems of youthful offenders after their release
from a juvenile facility.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 History:
First juvenile institutions placed juveniles: Discretion
typically rested with the superintendents.
System was formalized in the 1890s
Professionalsearly 1900s
Underdeveloped today
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

10. What are the historical themes of juvenile

justice? Discuss each.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Increased authority of the state

Reform and retrenchment: Cycles of harsh punishment
followed by lenient punishment. Ex: 60s-70s were soft;
80s-90s hard.
Get tough and go soft approaches:
Least restrictive approaches are advocated over tougher measures.
It is argued that juveniles brought into the system are labeled,
which later become self-fulfilling prophecies.
The philosophy is to do as little as necessary and to especially
avoid bringing offenders of status offenses into the juvenile justice
system.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Threat of the dangerous poor: Crime in early America was

blamed on the poor, especially immigrants. Institutions
were needed to protect society against the so-called
dangerous poor. Behaviors identified as deviant typically
were behaviors associated with the poor.
The unsolvable nature of youth crime: Does anything
work?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

11. What are the juvenile justice agencies?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp.1819):
The police, the juvenile court, and corrections
make up the three subsystems.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

12. What are the functions of each of the

agencies?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (p. 18):

Police: Basic responsibility is to enforce the law
and maintain order

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (p. 19):

Juvenile courts: Dispose of cases referred to them
by intake divisions of probation departments,
make decisions, deal with child neglect and
dependency cases, and monitor the performance of
juveniles who have been adjudicated delinquent or
status offenders

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (p. 19):

Corrections: Responsible for the care of juvenile
offenders sentenced by the courts

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

13. Describe the differences and similarities

between the juvenile and adult justice
systems.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Similarities:

Police use discretion with both juvenile and adult offenders.

Juvenile and adult offenders receive Miranda and other constitutional rights at
time of arrest.
Juveniles and adults ca be placed in pretrial facitlities.
The juvenile court and the adult court use proof beyond a reasonable doubt as
the standard of evidence.
Plea bargaining may be used with both juvenile and adult offenders.
Convicted juvenile and adult offenders may be sentenced to probation
services, residential programs, or institutional facilities.
Boot camps are used with juvenile and adult offenders.
Released institutional juvenile and adult offenders may be assigned to
supervision in the community.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Differences:

Juveniles can be arrested for acts that would not be criminal if they were adults
(status offenders).
Age determines the jurisdiction of the juvenile court; age does not affect the
jurisdiction of the adult court.
Parents are deeply involved in the juvenile process but not in the adult process.
Juvenile court proceedings are more informal, while adult court proceedings
are formal and open to the public.
Juvenile court proceeding, unlike adult proceedings, are not considered
criminal; juvenile records are generally sealed when the age of majority is
reached. Adult records are permanent.
Juvenile courts cannot sentence juveniles to jail or prison; only adult courts
may issue such sentences.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

14. Describe what happens at each stage of

juvenile justice processing.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hints (pp. 2122):

Diversion: Diverted out of the juvenile justice system. Normally allowed if

the crime was not serious, the victim agrees, and the juvenile admits guilt.
Exclusion: Referred to the adult court system. Generally done due to
statutory reason, prosecutorial discretion, or judicial waiver.
Prosecution:
Intake : Determines if the juvenile should be placed back in the community
or a shelter or detention facility.
Adjudication: Case is presented to a judge to determine whether the youth
was guilty of the delinquent act.
Disposition: the judge can place the youth on formal probation, order the
youth to a residential facility, invoke other sanctions such as restitution, fines,
or community service, or dismiss the case in consideration of actions already
taken.
Placement:

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

15. What are the different philosophies used

in juvenile justice?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp. 2228):

Four models: The treatment model, the justice
model, the crime model, and the balanced and
restorative model

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp. 2224):

What are the assumptions of the treatment model?
How does the treatment model work?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Treatment model: Based on the belief that the

basic mission of juvenile justice is to rehabilitate
youthful offenders. It also proposes that the legal
definition of delinquency should be broad and that
victimless crimes and status offenses, as well as
crimes against victims, should remain on the books.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp. 2425):

What are the assumptions of the justice model?
How does it work?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Justice model: Both juvenile and adult

offenders are volitional and responsible human
beings and deserve to be punished by the law.
The punishment they receive must be
proportionate to the seriousness of the offense.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp. 2526):

What are the assumptions of the crime control
model? How does it work?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Crime control model: Emphasizes

punishment as the remedy for juvenile
misbehavior. The crime control model holds
that the first priority of justice should be to
protect the life and property of the innocent.

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

Hint (pp. 2628):

What are the assumptions of the balanced and
restorative justice model? How does it work?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Balanced and restorative justice model:

Mission is to develop a community-oriented
approach to the control of offenders rather
than relying solely on either punishment by
confinement or individual rehabilitation
through counseling.
Juvenile Justice in America, 5th Edition
Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 In the balanced and restorative justice

model, what are the new roles of the victim,
community, and offender?

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458

 Victimactive participation in defining the harm of the

crime and shaping the obligations placed on the offender
Communityresponsible for supporting and assisting
victims, holding offenders accountable, and ensuring
opportunities for offenders to make amends
Offenderactive participation in reparation and
competency development

Juvenile Justice in America, 5th Edition

Bartollas/Miller

2008 Pearson Education, Inc.

Pearson Prentice Hall
Upper Saddle River, NJ 07458