INDIANA WESLEYAN UNIVERSITY CRJ 309 Youth and Crime

INDIANA WESLEYAN UNIVERSITY CRJ 309 Youth and Crime Thomas N. Davidson, JD www. thinblueline. ws/students

Textbook Siegel, L. J. , & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11 th ed. ). Belmont, CA: Wadsworth.

Boys will be boys? Over and over again, the degree to which we accept violent or threatening behavior is dependent upon either the age of the perpetrator or whether a domestic relationship exists. A twelve-year-old who punches and kicks another twelve-year-old at the park might be dismissed as just “boys will be boys”. The frequent incidence of spousal, child, and domestic abuse in the United States has been well documented. What is the natural consequence of this violence? Karl Menninger once said, “What’s done to children, they will do to society. ”

Proverbs Contrary to the many other opinions, I believe the Bible was intended to instruct us in all areas of life. We do not find the concept of compartmentalizing one’s life into secular and religious realms. God has provided the principles for righteous living in all things (1 Peter 1: 3). Still, in our American Democratic-Republic form of government, the government cannot dictate to us what to religion, if any, to follow. But, that does not mean that God and the Bible's teachings cannot influence our choices and decision making when confronting issues and problems in the criminal justice setting. I challenge you to incorporate faith in your learning experience anytime it is appropriate to do so. Proverbs is an interesting book on the surface, but it is not just another collection of ancient sayings. It is, rather, a collection of inspired truths in memorable and vivid forms. Proverbs covers a wide range of topics. There are proverbs concerning wealth, wisdom, friends, family, work, and worldliness.

The Adolescent Dilemma 1980 nearly 80% of juveniles under the age of 17 were white, non-Hispanic. 1980 about 18% were black, non-Hispanic. 1980 about 11 % were Hispanic. 2010 about 58% were white. 2010 about 17% were black. 2010 about 22% were Hispanic 2010 about 3% were all other races.

Ego Identity Ego identity is formed when youths develop a full sense of the self, combining how they see themselves and how they fit with others.

Role diffusion occurs when people spread themselves too thin, experience personal uncertainty, and place themselves at the mercy of people who promise to give them a sense of identity they cannot develop for themselves. Example: Gangs. For a discussion on what factors increase the chances of gang activity among juveniles got to: http: //www. lao. ca. gov/1995/050195_juv_crime/kkpart 3. aspx

At Risk Youth Young people extremely vulnerable t the negative consequences of school failure, substance abuse, and early sexuality.

Cynical & Preoccupied with Material Acquisitions By the time they reach 18, most young people have spent more time in front of the TV than in the classroom. They see thousands of depictions of rape, assault, murder, theft, and other anti-social behaviors. They also listen to hours of music with violent and sexual content. Research indicates that kids who listen to music with sexual content are more likely to engage in precocious sex than those who don’t.

Each day in America: 2 mothers die in childbirth 4 children are killed by abuse or neglect 5 children or teens commit suicide 9 children or teens are killed by firearms 32 die from accidents 202 arrested for violent crimes 377 arrested for drug crimes 964 babies are born at low birthrate 1, 210 babies are born to teen mothers

Each day in America continued: 1, 240 public school students corporally punished 2, 060 babies born without health insurance 2, 175 children are confirmed as abused or neglected 2, 222 drop out of high school 2, 692 babies are born into poverty 4, 435 children are arrested 4, 498 babies are born to unwed mothers 18, 493 public school students are suspended from school

Poor Education About 70% of all 4 th graders cannot read at level About 90% of blacks About 80% of Latino About 80% of American Indian Black children are about 50% more likely to drop out of school than white children; in part caused by poor reading ability that leads to stress

What is Juvenile Delinquency? Participation in illegal behavior by a minor who falls under a statutory age limit: IC 31 -37 -1 -1 Delinquent child defined Sec. 1. A child is a delinquent child if, before becoming eighteen (18) years of age, the child commits a delinquent act described in this chapter. As added by P. L. 1 -1997, SEC. 20. IC 31 -37 -1 -2 Delinquent act Sec. 2. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits an act that would be an offense if committed by an adult, except an act committed by a person over which the juvenile court lacks jurisdiction under IC 31 -30 -1. As added by P. L. 1 -1997, SEC. 20

Ind. Constitution on Juvenile Delinquency Article IX, Section 2. The General Assembly shall provide institutions for the correction and reformation of juvenile offenders. (History: As Amended November 6, 1984).

Chronic Delinquent Offenders Have been arrested four or more times Perpetuate the majority of serious juvenile crimes Do not “age out” of crime and continue criminal behavior in adulthood About 6% of offenders

Aging-Out and Persistence Aging-out is the tendency for youths to reduce criminal activity as they grow older. Persistence is the process by which offenders persist in their delinquent careers instead of aging-out.

Historic Perspective of Childhood Paternalistic family is a family where the father is the final authority Lower class children were expected to engage in adult roles as soon as physically able to work or learn a trade Children of nobility also entered adulthood early, but had greater opportunity for education. Girls were likely to be married off early in their teens. Primogeniture was the right during the middle ages of 1 st born sons to inherit land title. Male siblings had the option of the military or clergy. Dower system demanded that the family of a woman bestow land, money, or property to the man who would marry her. Swaddling was the practice of wrapping babies in cloth to restrict their movements and make them easier to manage.

Historic Perspective of Childhood Poor laws (1535) allowed courts to appoint overseers over neglected and destitute children and allowing placement of these children in homes as servants Chancery courts created to oversee the lives of highborn minors who were orphaned or could not care for themselves Parens patriae means the power of the government to act on behalf of the child similar to that of a parent Child savers (19 th Century) formed to develop programs and reforms.

Best Interest of the Child Parens Patriae: A philosophical and legal viewpoint that encourages the state to take control of wayward children and provide care, custody, and treatment to remedy delinquent behavior.

Status Offenses Conduct is only illegal because the offender is under age. Smoking and drinking Skipping school Runaway Participating in sex Curfew Profanity Disobeying parents Truantcy

Part I Crimes Serious crimes against property and people Murder Rape Burglary Arson Motor vehicle theft Theft Aggravated assult

Part II Crimes All other crimes that are not Part I crimes Public intoxication Driving under the influence Littering Disorderly conduct, et cetera Drug use

What the data says More than 13. 6 million arrests each year 2. 3 million are Part I crimes 11 million are less serious Part II crimes Juveniles are arrested for approximately 15% of Part I violent crimes and 24% Part I property crimes Kids 14 -17 account for only 6% of population, but are arrested for a disproportionate amount of crime. 1. 1 million juvenile arrests in 2009 for Part II offenses 74, 000 status offenses arrests in 2009

Time and Place Most delinquent acts occur in summer months of July & August Large urban areas have largest violent offender rates Rural areas have lowest violent offender rates Western & southern states have consistently higher rates of delinquency

Gender and Delinquency Males significantly more delinquent (about 4 to 1 for violent crimes and 2 to 1 for property crimes) Girls more likely to runaway See Table 2. 3 page 56.

Race and Delinquency There about 41 million white and 9 million African American youths from ages 5 to 17 (Ratio of 5 to 1) 70% of juveniles arrested are white; 28% African American (Ratio of 2. 5 to 1) Disproportionate number of arrests between the races May be due to discrimination or that African American youths have a greater chance of being arrested. Racial Threat Theory – valid? Racial Profiling

Causes of Delinquency Socioeconomic Status Theory Cognitive Behavior Theory Rational Choice Theory Trait Theory Biosocial Theory Psychological Theory

Motives for Violent Delinquent Behavior Control – victim’s life Retribution – punish wrongdoer Deterrence – stop hostile or threatening acts Reputation – create self importance

Crime Prevention& Deterrence Crime Prevention Crime Deterrence Likelihood Desire Ability Desire of being caught Opportunity Gravity of harm if caught

Routine Activities Theory Capable Guardians Motivated Offenders Suitable Targets Figure 3. 1 page 84.

Social Factors Believed to affect Delinquency Interpersonal interactions: family, peers, schools, jobs Community conditions: inner-city, poverty, decay Exposure to violence Social change: politics, mistrust, economic stress Low socioeconomic status: poverty creates incentive Racial disparity: poverty among minorities is higher than that of whites

Theories Social Structure: delinquency (“D”) is function of place in economic structure Social Process: D as result of interaction with socialization elements Stratified Society: Grouping society into classes based on the unequal distribution of resources Culture of Poverty: View that poor people form their own values which sometimes clash with conventional society

Theories Underclass: Group of poor whose members have little chance of upward mobility Social Structure: D is result of socioeconomic conditions and cultural values Enculturated: The process learning what is accepted in a culture Social Disorganization: Links D to being locked out of economic mainstream which cause anger Cultural Deviance: Lower class culture develops in disorganized areas whose beliefs are in conflict with conventional norms

Theories Social Transmission: Norms and values passed down from each generation Social Control: Ability of institutions to influence social behavior Social Ecology: Law abiding behavior is result of social rather than individual forces Transitional Neighborhood: Transition of population & structure from middle class to poorer (White flight)

Theories Siege Mentality: Residents become suspicious of authority and consider outside world as the enemy. We see this when communities refuse to cooperate with police even when the crimes are outrageous and heinous Collective Efficacy: The ability of communities to regulate behavior through influences of school and family Street Efficacy: Using one’s wit to avoid violence and feel safe

Theories Strain Theory: Suggests that most people share similar values and goals. When people feel shutout they feel frustrated angry, a condition called strain General Strain Theory (GST): Multiple sources of strain interact with a person’s traits and responses to produce D Anomie: Normlessness produced by rapidly shifting moral values. Personal goals cannot be achieved using available means

Sources of Stress Causing Strain Failure to achieve positively valued goals Disjunction between expectations and achievements Removal of positively valued stimuli (loss of friends) Presentation of negative stimuli (child abuse)

Research that Supports GST People who think they have been treated unfairly report high levels of anger & high levels of theft People who live in strain producing conditions are more likely to commit anti-social acts People who believe that path to success is blocked are more likely to engage in criminal activities Similar results in foreign countries (indicating not cultural based outcomes).

Focal Concerns Unique value system that defines lower-class culture. Conformance to these focal concerns dominates life. Promotes illegal or violent behavior. The need for being seen as tough or the need for excitement, trouble, smartness (streetwise & savvy), fate, and personal autonomy (independent of authority figures).

D Subcultures Status Frustration: Culture conflict experienced by lower-class youths because social conditions prevent them from achieving success as defined by society Middle-class Measuring Rods: Standards used by teachers & others to evaluate behavior-when poorer kids do not meet standards they are subject to failure, which brings about anger and frustration Reaction Formation: ψ Reaction that occurs when a person does or says something that is the opposite of what he really wants or is socially appropriate

Differential Opportunity View that poorer youths, which have limited opportunities, join gangs and pursue criminal careers as an alternative means to achieving success. Criminal gangs: Criminal goals Conflict gangs: Protect their own Retreatist gangs: Retreat and create fringe society; often getting high, sex, and music is goal

Social Process Socialization: People learn to adopt the behaviors of the community in which they live. 1. Family influence 2. School 3. Peers 4. Religion

Social Learning Theory D is learned through close relationships with others; asserts that children are born good and learn bad from others Differential Association: Asserts that D is learned within interpersonal groups and youths will become D if violating the law is favorable to obeying the law

Principles of Differential Association (DA) D behavior is learned Learning is a by-product of interaction Learning occurs within intimate groups Criminal techniques are learned Perceptions of legal code influence motives DA may vary in duration, frequency, priority, & intensity D is an expression of needs & values, but not an excuse

Neutralization Theory (NT) Subterranean values: The ability of youth to repress social norms. Youths can drift back and force between conventional and D norms

Neutralization Techniques A set of attitudes that allow youths to negate moral apprehension so that they may freely engage in D behavior without regret 1. Deny responsibility 2. Deny injury (no one hurt, so not wrong) 3. Deny the victim (he had it coming) 4. Condemn the condemners (world, school, society is corrupt) 5. Appeal to higher loyalties (Caught between being loyal to peers and rules of society)

Social Control Theory (SCT) All people have the potential to violate the law and that society presents many opportunities for illegal activity. Drugs, illicit sex, even theft offer exciting pastimes. Is it fear of punishment that prevents offending behavior (choice theory)? Obeying law is a function of success, so we don’t disobey (structural theory)? Obedience is because of contact with law-abiding parents and peers (learning theory)? SCT argues that internal and external forces control desire and passion. Proper socialization renders us incapable of committing D acts.

Social Reaction Theory (Labeling Theory) Pygmalion effect. Tell someone they are bad, injudicious, lazy, or unqualified (and they and those around them) and the resulting reinforcement can actually cause the outcome.

Symbolic Interaction People communicate via gestures, signals, symbols, and words that stand for something else. Ring on fourth finger of left hand indicates that the person is married for example.

Status Symbols Possession, rank, or activity the indicates one’s social prestige.

Stigmatized Mark someone with disgrace or reproach; to characterize or brand someone as disgraceful or disreputable.

Differential Labeling Law is differentially applied; white collar criminals ordinarily get lighter sentences than common burglars for example. This is due to discretionary decision making.

Identity Damaged identity-stigmatized Primary deviance-norm violations that little influence on the actor and can be quickly forgotten. Minor crimes that go unnoticed and therefore have little influence on the person’s life. Secondary deviance-deviant acts that define the actor and create a new identity. Crimes that come to the attention of others who apply a negative label.

Labeling & Delinquency Pure deviants-engage in illegal acts and get caught Conformists-do not engage in delinquent acts Falsely accused-blamed for something they did not do Secret deviants-engage in illegal acts, but do not get caught

Conflict Theory & Prevention Restorative justice- humanistic, non-punitive strategies Shame-personal feelings we have when we fail to meet personal standard or those of significant others Reintegrative shaming-allowing offenders to understand their wrongdoing and shame themselves Restoration-using the system to heal the offender See Exhibit 5. 2 page 192.

Concept Summary Developmental theory Life-course theory Latent trait Propensity Trajectory theory See Concept Summary 6. 1 page 202

General Theory of Crime Integrates social control theory with biosocial, psychological, routine activities, and rational choice theories. See Figure 6. 2 page 215*/8

Pathways to crime Authority conflicts-early age defiance and authority avoidance Covert pathway-begins with minor underhanded behaviors and then leads to more serious theft and fraud crimes Overt pathway- begins with minor aggression and leads to fighting and violent crimes See next slide

Figure 6. 3 page 222

Adolescent-Limited & Life Course Persistent Adolescent-limited-begins as youths end with early adulthood. Life course persistent-continues well into adulthood

Gender & Delinquency Honor killing Masculinity hypothesis-women who commit crime have similar traits as men Socialization differences Cognitive differences Personality differences See next slide

Scope Female Juvenile Offender Court Referrals Known Female Homicide Offenders Female Juvenile Violent Offender Arrest Rates Trends

Female Violent Juvenile Crime Court Referrals for Crimes Against Persons Ø 1985: 35, 812 Female Ø 1990: 48, 663 Female Ø 1995: 92, 079 Female Ø 2000: 102, 236 Female Ø 2003 112, 489 Female 143, 578 Male 195, 365 Male 288, 132 Male 267, 110 Male 276, 064 Male referrals peaked in 1995 and began to drop off (they rise and fall from year to year), while female referrals have steadily increased. Data source: National Center for Juvenile Justice. (2206) National Juvenile Court Data Archive: Juvenile court case records 1985 -2003.

Known Juvenile Homicide Offenders by Sex On average, annually, about 135 female juvenile offenders were implicated in U. S. homicides. Male homicide offenders peaked in 1994 and have declined. In 1980, female homicide offenders represented 8. 9% of the total. In 2002, they represented 10. 2%. Data Source: Snyder, H. & Sickmund, M. (2206). Juvenile Offenders and Victims: 2006 National Report. Chapter 3. Washington, D. C. : Office of Juvenile Justice and Delinquency Prevention.

Juvenile Arrest Rates Per 100 K for Violent Crime Data Source: National Center for Juvenile Justice (September 8, 2006). Juvenile Arrest Rates by Offense, Sex, and race.

Trends Ø Ø Ø In 1980, Female Offenders accounted for 21% of the violent juvenile crime rate. In 1995, Female Offenders accounted for 30. 5% of the violent juvenile crime rate. In, 2004 Female Offenders accounted for 38. 3% of the violent juvenile crime rate. Both the number of female and male offenders are down from their peaks in the middle 1990 s. The number of male offenders has reduced more significantly than that of female offenders. Accordingly, the female offenders’ percentage attribution to the crime rate has risen. It is disputed whether this change is due changes in arrest patterns or girl’s behaviors.

Profile Ø Family Fragmentation and Dysfunction Ø Abuse and Exploitation Ø Academic Failure Ø Substance Abuse Ø Teen Pregnancy Ø Psychological Disturbance

Family Fragmentation & Dysfunction Ø Female offenders are more likely to come from broken home and poor. Ø Approximately 1/3 of violent offenders had a parent who had previously been incarcerated. Ø Female offenders are more likely to come from group or foster home.

Abuse and Exploitation Ø 70% of violent female offenders were victimized themselves. Ø Adolescent females are 4 times more likely to verbally and physically abused than males. Ø Females are more likely to victims of sexual abuse. Ø Family members and friends are most likely perpetrators of abuse and exploitation.

Academic Failure Ø 25% of female delinquents had either been placed in special classes or had to repeat a grade. Ø 26% of female offenders have learning disabilities. Ø Nearly 50% of offenders had been expelled or suspended from school at some point.

Substance Abuse Ø Over 60% of incarcerated female offenders need substance abuse treatment. Ø Attempt to cope and self-medicine in response to depression due to trauma and abuse.

Teen Pregnancy Ø The percentage of mothers in the juvenile offender population is more than double than the national average of teen pregnancies. Ø High incidence attributed to high-risk behaviors at an earlier age. Ø For many, pregnancy guarantees a life of poverty and reliance on government assistance.

Psychological Disturbance Ø Poor self image Ø Depression Ø Mental disorders Ø 26% of female offenders reported a prior suicide attempt as opposed to 4% of males. Ø 30% of female offenders in custody receive psychiatric treatment

Prevention Violence prevention among female adolescents must be addressed at all levels of care, from community-based prevention to treatment and incarceration. Programming must be restructured to the unique needs of females.

Prevention Implement gender based social skill training. Ø Address mental health and substance abuse needs. Ø Provide academic support. Ø Encourage peer mediation for conflict resolution. Ø Involve positive adult role models. Ø Reproductive health and teenage parenting training. Ø