Current event

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You will prepare a short paper about a current news article/storyrelating to the juvenile justice system. The story must be taken from the news on the week that the student is submitting it. The paper should be 2 pages in length, double-spaced. The paper must be in your own words. It must be written in narrative form.Proper grammar and punctuation is also required.

Directions: Find an article either in the newspaper or online from a reputable national or local news source. Read the article and fill out the statements or answer the questions below. You may not use articles from entertainment/gossip sources. Because this is a juvenile justice current events assignment you are to choose an article that is no more than a week old from when the assignment is given. Be sure to check the rubric for this assignment to complete all the requirements for this assignment. You must connect the article with at least two things that you have learned from the class. Provide a full APA style citation to the article at the end. 

For your response: 

Summarize the article. Do not simply copy a news event. Explain the event in your own words. (1 paragraph)

Incorporate all the following questions into your response: 

A. Express your opinion about the information in the article. B. Explain how the articles ties in to material you have learnt in classC. Is what you know about the juvenile justice system accurately represented in this article? Explain.D. What questions does this raise for you?

Youth in adult court

Overview

History of juvenile transfer laws

How do we transfer juveniles to adult court?

What effect does transfer have on youth and the JJ system?

History of transfer laws

Rising juvenile crime rates from 1975-93 gave public little confidence in:

Juvenile courts capacity to attribute culpability

Rehabilitation programs to reform kids

Judges’ willingness to punish serious juvenile offenders

Changing social attitudes on adolescence, crime, and punishment

Broader trend toward punitiveness and retribution

Little research to say if this was a good or bad idea

Transfer as law

Increasing number of States adopted transfer laws starting in the late 1970s

NY Juvenile Offender Law – adult jurisdiction

Florida legislation – prosecutorial election

Expansion of criteria for juveniles eligible for judicial waiver – lower age, more offenses, addition of prior record as a factor

Shift of burden of proof from prosecutor to defense in judicial waiver

Starting in 1978, nearly all legislative activity was focused on increasing the number of adolescent offenders that were transferred to the criminal court

Expansion of role of legislatures and prosecutors in drawing jurisdictional boundaries

This era of legislation marked the end of the era of Diversionary Jurisprudence in the Juvenile Court

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Intention of waiver laws

Increase the certainty of punishment

Reduce the “leniency gap” between juvenile and adult court

Provide punishments that are proportionate in length and severity of conditions to the severity of the crimes that juveniles commit

Increase the lengths of punishment for adolescents charged with serious crimes

Increase the severity of punishment by exposing adolescent offenders to harsh conditions of adult punishment

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Types of waiver

Judicial

The most common and the longest history

Originally, the only means of waiver

Involves the use of judicial discretion

Three types:

Discretionary • Mandatory • Presumptive

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Discretionary waiver

Prosecution presents evidence regarding reasons for waiver

Defense will similarly argue against

Standard criteria used to judge waiver

Seriousness of offense

Aggressiveness, premeditation, or willful

Crimes against persons or property

Merit of the complaint

If accomplices were adults

Sophistication and maturity of offender

Previous record

Likelihood of rehabilitation as a juvenile

The most frequently used • Waiver laws vary by state • Generally based on two factors: – Offenses considered – Minimum age

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Mandatory waiver

This waiver focuses on the probable cause that links the juvenile to the offense

Under this waiver, if PC exists for arrest then the judge must waive the case to adult court.

Case originates in juvenile court

Only 15 states allow for this type of waiver

Presumptive waiver

Certain cases are designated where the waiver is presumed to be appropriate

Defense bears the burden of proof and must argue why the case should not be waived

Statutory criteria that triggers presumptive waiver fails into three categories

Offense -based – Age -based – Record -based

Legislative waiver

Legislative or statutory (automatic) waiver introduces the juvenile into the adult criminal justice system at the point of arrest

Removes the personal element inherent in judicial waivers.

Considered to be

Rational; Nondiscretionary; Easily administered

How many youth are transferred

Nobody really knows exactly…

All forms of judicial waiver

Prosecutorial discretion

All forms of legislative exclusion

8,000

4 to 10,000?

( 2,700 in Florida )

50,000 to 200,000?

NCJJ / OJJDP data

How effective is transfer?

Juveniles prosecuted as adults

have higher re-arrest rates than juveniles whose cases are heard in the juvenile court

are more likely to end up in jail or prison as they get older

more likely to be re-arrested for violence and property crimes, and to be re-incarcerated

report weaker therapeutic environments and greater fear

report more adverse psychological outcomes

WHY DO THEY COME OUT WORSE?

Stigma

Not confined to incarceration

From the process

From the sanctioning experience

Socialization

Trauma

Exclusion

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Sometimes policies have unintended, negative consequences. In this case, a policy designed to deter juvenile crime actually made it worse

One of the reasons is that too many kids are transferred under existing laws, there are lots of “false positives”

Our findings are consistent with other studies. We can confidently predict that these results would happen elsewhere

Keeping kids in the juvenile court whenever possible minimizes the risk of “toxic” exposure of youths to harsh adult correctional environment

Complications for re-entry programming and services for adolescents

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Specific Findings

Lanza-Kaduce et al. : Who is re-arrested more, faster?

Florida youth in juvenile justice system

Florida youth sentenced in adult court

Case Matching Process

Recidivism?

475 Matched Pairs

Same age, sex, race, offense,
# priors, most serious prior

49%

35%

Adult

Juvenile

Blended sentencing

The imposition of juvenile and/or adult correctional sanctions for serious and violent offenders.

There are five types of blended sentence:

Juvenile –exclusive

Juvenile –inclusive

Juvenile –contiguous

Criminal –exclusive

Criminal -inclusive

A recent trend in juvenile sanctions – There is a blurring of the traditional dividing line between adult and juvenile systems. •

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Blended sentencing

Juvenile-exclusive

The case is processed in juvenile court.

If adjudicated a delinquent the judge may sanction juvenile or adult term

Juvenile-inclusive

The case is processed in juvenile court.

The judge can simultaneously impose a juvenile and adult correctional sanction.

What differs from other types of sentences is that the adult correctional sanction is suspended if the juvenile satisfactorily completes the juvenile term without further offending. exclusiveness is due to deciding one term or another, not both.

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Blended sentencing

Juvenile –contiguous

The case is processed in juvenile court.

The sentence can exceed the jurisdictional age limit of the juvenile correctional system.

The juvenile is moved from the juvenile facility to an adult facility prior to completing the juvenile portion of the sentence

Criminal-exclusive

The case is processed in the adult criminal system.

The judge may impose a juvenile or adult sanction, but not both

Criminal-inclusive

The case is processed in adult court.

After conviction the judge imposes both a juvenile and adult sanction.

Figure 2. Recidivism Measures by Court Type

0

10

20

30

40

50

60

70

80

% Rearrested% Rearrested for

Violence

% Rearrested for

Property Offense

% Rearrested for

Drug Offense

% Rearrested for

Weapon Violation

% Incarcerated

for any Rearrest

Percent

Juvenile Court

Criminal Court

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