CHAPTER 1 CHILDHOOD AND DELINQUENCY LEARNING OBJECTIVES After

CHAPTER 1: CHILDHOOD AND DELINQUENCY

LEARNING OBJECTIVES After reading this chapter, students should be able to: 1. Be familiar with the risks faced by youth in American culture. 2. Develop an understanding of the history of childhood. 3. Be able to discuss development of the juvenile justice system. 4. Trace the history and purpose of the juvenile court 5. Be able to describe the differences between delinquency and status offending.

YOUTH IN CRISIS § At-risk youth are defined as: § Young people who are extremely vulnerable to the negative consequences of school failure, substance abuse, and early sexuality § In the US, about 25% of the population under age 17, or about 18 million youths, are “at-risk”

POVERTY § In 2011, 46 million people in America were classified as poor § About 6 million children live in extreme poverty § Less than $10, 000 for a family of 4 § Minority children are more likely 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-20 s is now close to zero

FIGURE 1. 1 PERCENTAGE OF CHILDREN AGES 0– 17 LIVING IN POVERTY BY FAMILY STRUCTURE

HEALTH AND MORTALITY PROBLEMS § Adequate healthcare is a significant concern for youth in America § Only 35% of adolescents meet current physical activity recommendations § Adolescents who are overweight are at risk for health problems as an adult § About 10%, or 7. 5 million youths, do not have health insurance § Adolescents who are overweight are at risk for health problems as an adult

QUESTIONS 1. Approximately what percent of American children are considered to be "at-risk? " a. b. c. d. 10% 25% 30% 45%

FAMILY PROBLEMS § Family dissolution and disruption plague American youth § Kids are placed in foster care as families undergo divorce, separation, and breakups § About 130, 000 kids in foster care waiting to be adopted § Each year 25, 000 youths leave foster care

WHY KIDS END UP IN PRISON

FOSTER CARE AND DELINQUENCY CURRENT EXAMPLE Ø In 2010, the University of Chicago survey found that by age 24, just 6% of former foster kids have a college degree of any kind, more than two-thirds of women have children, and almost 60% of men have been convicted of a crime. ü Identify the problems with our foster care system and provide possible solutions to these problems

SUBSTANDARD LIVING CONDITIONS § Many children live in substandard housing § Many die from random bullets and drive -by shootings § Some live on the streets § Many suffer from STDs including AIDS

INADEQUATE EDUCATION § About 70% 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

CYBER-BULLYING § While the Internet and other technological advances have opened a new world of information, they have also brought new problems such as sexting and cyberstalking § Phoebe prince, a 15 -year-old girl, hung herself after enduring torment by her fellow students

CYBER-BULLYING § Experts define bullying among children as: § Repeated, negative acts committed by one or more children against another § Bullying can be: § Verbal, Psychological, Physical, Social, and/or Virtual § Cyber-bullying § The willful and repeated harm inflicted through the medium of electronic text § According to studies, about 21% of youth have been the target of cyber-bullying

CYBER-BULLYING: CURRENT EXAMPLE Ø Dharun Ravi, a former Rutgers University student, was sentenced to 30 days in jail for a bias crime after he spied on his roommate’s gay sexual encounter in 2012. Clementi, 18, jumped to his death in September 2012, days after learning Ravi watched them through the computermounted camera, and used social media to encourage others to do so. Ravi was not charged with causing Clementi's death. ü Identify the effects of cyber-bullying and provide possible solutions to these problems

CYBERBULLYING AND GENDER/CYBERSTALKING § Adolescent girls are significantly more likely to experience cyber-bullying than boys § 25. 8% vs. 16% § Girls are more likely to report cyber-bullying in their lifetimes § 21. 2% vs. 18. 3% § Girls are more likely to spread boys are more pictures rumors, while likely to post hurtful § Cyber-stalking § The use of the Internet, e-mail, or other electronic communications devices to stalk another person

FIGURE 1. 2 CYBERBULLYING BY GENDER

QUESTIONS 2. Cyberbullying is the willful and repeated harm inflicted through the medium of electronic text. According to the text, which of the following statements is false with regard to this phenomenon? a. b. c. d. Adolescent girls are significantly more likely to experience cyberbullying Boys are more likely to spread rumors online A cyberbully’s online power may stem from net proficiency Research indicates that one out of every five kids has been cyberbullied

SEXTING § Sexting § Sending compromising photos to boyfriends or girlfriends § 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 § 1% of these images contained sexually explicit nudity

IS THERE REASON FOR HOPE? § Children are polarized into two distinct economic groups: affluent and poor. § Kids whose parents divorce are at greater risk for delinquency and risky behavior. § Teenage birthrates have declined especially among African American girls. § Fewer children with health risks are being born today than in 1990.

IS THERE REASON FOR HOPE? § Education is still a problem area, however, more parents are reading to their children and more kids are going to college. § College enrollment is now about 18 million. § College enrollment is expected to continue to grow, setting new records in the next decade. § Indications that youngsters are rejecting hard drugs § Fewer kids are using heroin and crack cocaine. § The number of kids smoking cigarettes has declined.

THE STUDY OF JUVENILE DELINQUENCY § Many problems of youth in modern society are associated with juvenile delinquency § About 1. 6 million youths under 18 are arrested each year for crimes ranging from loitering to murder § 800, 000+ youth belong to street gangs § The study of delinquency also involves the analysis of the juvenile justice system

CUSTOM AND PRACTICE IN THE MIDDLE AGES § 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

THE DEVELOPMENT OF CONCERN FOR CHILDREN § England started recognize children’s rights: § Changes in family structure § The Apprenticeship Movement § The English Poor Laws § The role of chancery court

CHANGES IN FAMILY STRUCTURE § Family structure began to change after the Middle Ages § It became more common for marriage to be based on love rather than parental agreement § Grammar and boarding schools were established in many large cities during this time § Restrictions were placed on use of the whip

POOR LAWS § 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

QUESTIONS 3. A family style wherein the father is the final authority on all family matters and exercises complete control over his wife and children is: a. b. c. d. paternalistic maternalistic egalitarian matriarchal

THE CHANCERY COURT § 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

CHILDHOOD IN AMERICA CONTROLLING CHILDREN § 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 § Parents referred their children to published writings on behavior and expected them to follow their percepts carefully § Child Protection Laws were passed in 1639 in New Haven, Connecticut

QUESTIONS 4. These allowed for the appointment of overseers to place destitute or neglected children as servants in the homes of the affluent, where they were trained in agricultural, trade, or domestic services. a. b. c. d. Poor Laws Primogeniture Parens patriae legislation Chins Doctrine

DEVELOPING JUVENILE JUSTICE § Until the 20 th century, little distinction was made between adult and juvenile offenders § Both adults and children were eligible for prison corporal punishment and the death penalty § Children were treated extreme cruelty at school, and by the with home, law

JUVENILE JUSTICE IN THE 19 TH CENTURY § Early 19 th Century – Industrial Revolution § Crime was rampant, juvenile gangs thrived § Affluent, well meaning people interested in helping to save children from them selves, became known as Child Savers.

JUVENILE JUSTICE IN THE 19 TH CENTURY § At the beginning of the 19 th century, delinquent, neglected and runaway children were treated as adult criminals § Various legislation was introduced to humanize criminal procedures for children: § Probation in Massachusetts in 1841 § However, youths who committed petty crimes or were victims of neglect were placed in asylums or homes

THE CHILD-SAVING MOVEMENT § 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

DEVELOPMENT OF JUVENILE INSTITUTIONS § Reform schools : § They were racially and sexually segregated, discipline was harsh, and physical care was poor § Children’s Aid Society (1953): § Rescued them from harsh environments and provided them with temporary shelter § Orphan trains: § Placed neglected/abused children on western farms where they could be cared for and find a home

THE ILLINOIS JUVENILE COURT ACT AND ITS LEGACY § 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

QUESTIONS 5. Nineteenth-century reformers, known as ________, developed programs for troubled youth and influenced legislation creating the juvenile justice system; today some critics view them as being more concerned with control of the poor than with their welfare. a. b. c. d. The League of Progressive Voters Child Savers The United Youth Council Up With People

THE ILLINOIS JUVENILE COURT ACT AND ITS LEGACY § 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 § Parens patriae § 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

REFORMING THE SYSTEM § 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 1960 s and 1970 s, 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

THE CURRENT LEGAL STATUS OF DELINQUENCY § 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

QUESTIONS 6. The legislation passed to form the first juvenile court was: a. Illinois Juvenile Court Act b. Juvenile Delinquency Prevention and Control (JDP) Act c. Juvenile Justice and Delinquency Prevention Act d. Elizabethan Poor Laws

VIDEO: STATUS OFFENDERS

STATUS OFFENDERS § Conduct that is illegal only because the child is underage is known as a status offense; i. e. – running away, drinking alcohol § The court can exercise control over dependent children who are not being cared for § Each year more than 250, 000 juveniles are arrested for status offenses § About 160, 000 are petitioned to juvenile court § Parens Patriae – doctrine that the State has ultimate authority over children for their own best intersts.

ORIGINS OF THE STATUS OFFENSE CONCEPT § 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

REFORMING THE TREATMENT OF 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

THE EFFECTS OF REFORM § 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

QUESTIONS 7. Which of the following best describes the parens patriae philosophy of the juvenile court? a. b. c. d. best interests of the child best interests of the government deterrence, retribution, and rehabilitation best interests of the community

STATUS OFFENDERS – CURRENT EXAMPLE Ø A report released in May, 2012 by Kentucky Youth Advocate shows that nearly 1 in every 6 incarcerated youths under age 18 are jailed for low priority offenses. One of the concerns is that status offenders are put in cells with young people who have committed violent offenses. Status offenses include running away from home or purchasing alcohol with a fake ID; however, too often such offenders are put into cells with more dangerous criminals. ü Should the Juvenile Justice System keep enforcing status offense codes, or is there a better solution to this problem?

KIDS BREAK CURFEW PARENTS GET PUNISHED § A way to prevent delinquency is to set a curfew (Old French phrase cuevrefeu ) § There a number of legal challenges to stop curfews from existing § The first child curfew law in the U. S. was in Omaha, Nebraska (1880) § Under the concept of vicarious liability, parents may be held civilly responsible for the conduct of their minor children

QUESTIONS 8. Which of the following is not a status offense? a. b. c. d. Under age drinking Smoking Arson Curfew