Investigating Probation Strategies with Juvenile Offenders: The Influence of Officers’ Attitudes and Youth Characteristics

Probation officers are the focal point for most interventions with delinquent youths in the juvenile justice system. The present study examines probation strategies and interventions in a sample of 308 probation officers who completed the Probation Practices Assessment Survey (PPAS) in a web-based survey. The PPAS measures six probation approaches: deterrence, restorative justice, treatment, confrontation, counseling, and behavioral tactics. Structural equation models and latent class analyses showed that probation officers use multiple approaches with delinquent youths consistent with the balanced and restorative justice movement. Younger youths, high-risk youths, and youths with prior social service involvements are likely to receive more intensive interventions. The implications of these findings for improving probation practices with delinquent youth are discussed.     

PUBLIC OPINION AND THE FOUNDATION OF THE JUVENILE COURT*

Over 100 years ago, juvenile courts emerged out of the belief that juveniles are different from adults—less culpable and more rehabilitatable—and can be "saved" from a life of crime and disadvantage. Today, the juvenile justice system is under attack through increasing calls to eliminate it and enactment of statutes designed to place younger offenders in the adult justice system. However, little evidence exists that policy makers have taken the full range of public views into account. At the same time, scholarly accounts of calls to eliminate the juvenile justice system have neglected the role of public opinion. The current study addresses this situation by examining public views about 1) abolishing juvenile justice and 2) the proper upper age of original juvenile court jurisdiction. Particular attention is given to the notion that child‐saving and "get tough" orientations influence public views about juvenile justice. The analyses suggest support for the lingering appeal of juvenile justice among the public and the idea that youth can be “saved,” as well as arguments about the politicization and criminalization of juvenile justice. They also highlight that the public, like states, holds variable views about the appropriate age of juvenile court jurisdiction. We discuss the implications of the study and avenues for future research. Why is it not just and proper to treat these juvenile offenders, as we deal with the neglected children, as a wise and merciful father handles his own child whose errors are not discovered by the authorities? Why is it not the duty of the state, instead of asking merely whether a boy or a girl has committed a specific offense, to find out what he is, physically, mentally, morally, and then if it learns that he is treading the path that leads to criminality, to take him in charge, not so much to punish as to reform, not to degrade but to uplift, not to crush but to develop, to make him not a criminal but a worthy citizen.     

宽严相济刑事政策与和谐社会

宽严相济刑事政策是我国刑事政策的新发展,同时也是对实行20多年的"严打"政策的反思和纠正.宽严相济刑事政策与和谐社都"以人为本",因而内在地联系在一起.构建和谐社会需要实行宽严相济刑事政策,因为它能满足和谐社会化解社会矛盾的需要、节约社会资源和刑事司法资源的需要;宽严相济刑事政策能促进和谐社会构建,因为它能有效地维护社会稳定,促进社会和谐,协调社会利益.所以,在构建和谐社会过程中,必须采取有效措施认真贯彻宽严相济刑事政策.     

The Impact of Time on Parent Perspectives on the Barriers to Services and the Service Needs of Youths in the Juvenile Justice System

The purposes of this study were: 1) to assess the overall perspectives of parents (N=115) of youths in the juvenile justice system on the barriers to and services needs of youths in the juvenile justice system; and 2) to assess the strength of the relationship between duration of time the youth has been involved in the juvenile justice system and parent perceptions of barriers and service needs. The top service need was case management. Statistically significant moderate negative correlations were found between duration of time in the juvenile justice system and Total Barrier score, and all composite barrier scores (i.e., Mismatch, Red Tape, and Inaccessibility). Statistically significant small negative correlations were found between duration of time in the juvenile justice system and the Total Service Needs score and two composite scores: Substance Abuse Services and Out‐of‐Home Services.     

Some observations on the link between learning disabilities and juvenile delinquency

In order to test the hypothesis that learning disabilities are related to juvenile delinquency, a sample of 1,005 public school and 687 adjudicated juvenile delinquent youths (ages 12 to 17) reported about delinquent behaviors in which they had engaged. The youths' educational records were screened, and, if the presence of learning disabilities could not be discounted, the children were given a series of tests. Every child was classified as either learning disabled or not. The results indicated that proportionately more adjudicated delinquent children than public school children were learning disabled. Self-report data, however, showed no differences in delinquent behaviors engaged in by learning-disabled and non-learning-disabled children, within either the adjudicated or public school samples. Public school children who have learning disabilities reported that they were picked up by the police at about the same rate as non-learning-disabled children, and engaged in about the same delinquent behaviors. Charges for which learning-disabled and non-learning-disabled adjudicated delinquents were convicted followed the same general patterns. In light of these findings, it was proposed that the greater proportion of learning-disabled youth among adjudicated juvenile delinquents may be accounted for by differences in the way such children are treated within the juvenile justice system, rather than by differences in their delinquent behaviors.     

Delinquent Careers and Criminal Policy

This article critically examines the prevailing judicial waiver statutes that require juvenile court judges to make individualized determinations as to a youth amenability to treatment and danger to society. It concludes that such decisions cannot be made with an acceptable degree of accuracy using current methods of clinical diagnosis or prediction, and that the broad discretion given judges in making transfer decisions results in inconsistent and discriminatory applications that undermine the fairness and predictability of the process. In light of the expanding research on the development of delinquent careers, it contends that a legislative redefinition of juvenile court jurisdiction that automatically excludes certain youths from the juvenile court on the basis of their present offenses and past records not only identifies more accurately those youth who should be prosecuted as adults, but also increases the fairness, rationality, and predictability of the adulthood determination. It suggests that an application of "just deserts" principles to the juvenile court waiver decision could have salutary consequences for youths, the juvenile and criminal justice systems, and social control.     

Factors involved in decisions on commitment to delinquency programs for first-time juvenile offenders

In this paper we focus on program commitment decisions for first-time offenders, comparing the explanatory effect of factors traditionally included in this type of analysis with that of variables describing child and family functioning. Using data derived from a subsample of youths followed by ProDES (Program Development and Evaluation System), a system of outcome evaluation that tracks youths in Philadelphia's juvenile justice system, we use chi-squared automatic interaction detector (CHAID) analysis to compare the relative effects of these factors on the likelihood of commitment to in-home versus out-of-home settings. We find that child and family functioning are key factors in programmatic decisionmaking for first-time offenders, but are less important in decisionmaking for juveniles with prior offenses. Yet the treatment modalities of specific program commitments for first-time offenders frequently do not match the needs presented by the juvenile at the point of disposition.     

The Effect of Race on Juvenile Justice Processing

Studies concerning differential treatment of minority youths in the juvenile justice system have not provided conclusive evidence. However, previous literature has revealed methodological problems which may account for the inconsistency among previous studies. Multi-stage design, adequate control of legal and non-legal variables, and refined measurement of social variables have been demonstrated as crucial elements in resolving the inconclusiveness in previous studies. The purpose of this study is to employ these approaches to detect case-handling bias at three stages of juvenile justice processing: detention, adjudication, and disposition. Data were obtained from juvenile cases reported to the Ohio trial court in 1989. A total of 2,334 court cases were randomly sampled from 17 Ohio counties. Research findings showed a differential treatment of minority juveniles at the detention stage. Further, detention status was also found to have an increasing impact at the two subsequent decision points.     

Screening the Mental Health Needs of Youths in Juvenile Detention

There is an increasing number of juveniles coming into the justice system with a variety of mental health and substance abuse concerns. While the actual number of youths with mental health disorders in the juvenile justice system has been difficult to determine, it is estimated to be substantially higher than it is for youths in the general population. In addition, researchers have estimated that a high number of these juveniles experience co‐morbid mental health disorders. The purpose of this study was to examine the number of youths who present symptoms of a mental health disorder at intake into a juvenile detention center in the Midwest. Two hundred‐four youths were assessed with the Massachusetts Youth Screening Instrument‐Second Version (MAYSI‐2; Grisso & Barnum, 2000), a mental health screening instrument. At least 68% of the youths identified symptoms of a mental health disorder at intake. Given the significant number of youths who identified symptoms of a mental health disorder at intake into detention, the need to provide mental health services for juvenile detainees should not be ignored.     

Is child saving dead? Attitudes toward juvenile rehabilitation in Illinois

In recent times, juvenile rehabilitation has been attacked both by liberals seeking to insert greater due process rights and protections into the juvenile justice system and by conservatives calling for more stringent handling of serious youthful offenders. The apparent pervasiveness of this attack raises the question, Is the philosophy of child saving dead? Data drawn from a survey conducted in Illinois suggest, however, that juvenile rehabilitation continues to receive support both from the public and from various groups associated with criminal justice practice and policy making. At the same time, there is also support for the notion that young criminals are responsible for their actions and are currently being treated too leniently by our courts. Finally, child saving is embraced most firmly by judges, lawyers, correctional administrators, and prison inmates and least strongly by legislators, prison guards, and the general public.     

Redeploy Illinois Program: The Impact on Juveniles,Families, and the Juvenile Justice System

The Redeploy Illinois (RI) pilot program was created to give Illinois counties financial support to provide community‐based services for nonviolent youths who would otherwise be committed to the Department of Juvenile Justice, which oversees juvenile correctional institutions. The current project assesses: 1) the RI data in McLean County; 2) the attitudes and perceptions of the youths in the program; 3) the views of family members of RI youths; and 4) the views of the probation officers, attorneys, and service providers. This research will provide a comprehensive understanding of the impact of the RI program on youths, families, victims, and the justice system.     

THE SENSE OF INJUSTICE? An Analysis of Juveniles' Reactions to the Justice System

The paper analyzes three juvenile justice organizations- the police, Abstract juvenile probation, and juvenile court-from the point of View of the clients of the justice system. While much of the delinquency literature (in particular David Matza's notion of the sense of injustice) suggests a rlegntive response by youths who have been in contact with the system, the present resenrch found that youths with greater system contact actually expressed more positive attitudes t o w d probation officers and court judges than did their less experienced counterparts At the same time. a negative correlation was found between experience in the system and youths' evaluations of these agencies in terms of their effectiveness in performing important agency tasks.     

Presidential address: Juvenile justice at the crossroads: Presidential address to the academy of criminal justice sciences

Three interacting factors appear to significantly affect our treatment of youths and thus our juvenile justice policy: ideology, the media, and politics. As a result of these factors, although juvenile violent crime is decreasing, legislatures still advocate a harsh, punitive stance toward youthful offenders. Legislative initiatives have resulted in determinate sentencing for juveniles, more youths handled by the adult criminal court, and more youths sentenced to adult institutions. Recent evidence suggests that the public supports more prevention and early intervention strategies for youths and favors rehabilitation rather than punishment. These conflicting trends suggest that we are at a crossroads: the juvenile justice system can continue its harsh, reactive stance, or it can choose a more proactive approach. The members of the Academy of Criminal Justice Sciences have an opportunity to play an active role in the development of criminal justice policy.     

Health Status of Incarcerated Adolescents: Implications for Juvenile Justice Decision Making

Adolescents arriving in detention often bring with them significant medical, dental, and psychological problems. These issues have important implications for courts that must decide the best disposition for offending youths. Appropriate treatment benefits the individual by enhancing his/her well‐being and improving his/her chances of successful rehabilitation. Society also benefits by avoiding the higher cost of caring for neglected conditions later in life. A comprehensive health care program for detention facilities involves establishing standardized procedures that address both common adolescent problems plus those more peculiar to detainees. Health care professionals working in a correctional setting have unique duties such as clearing youths for boot camp, monitoring injuries, dealing with resistant patients, monitoring for safe activities, and planning aftercare for youths who may face impediments to accessing care such as poor motivation and poverty. Research concerning issues specific to the needs of incarcerated youths remains infrequent and should be undertaken by health care providers. This article provides an overview of medical issues confronting juvenile offenders that should be considered when a juvenile becomes involved in the juvenile justice system.     

The Children's Code Reform Movement in New Mexico: The Politics of Expediency

Like many states, New Mexico has experienced a "get-tough" movement in regard to the handling of juvenile offenders. In 1993 the state formulated a major revision of˜the˜Children's Code, and this revision did a variety of things. Among the changes incorporated into the Children's Code revision was a movement from essentially one category of offenders - delinquent children – with provisions for transferring certain serious offenders to adult court, to three categories. The additional two categories of juvenile offenders included "youthful offenders" and "serious youthful offenders." The upshot of these designations was that the state legislature more carefully defined the jurisdiction of the children's (juvenile) court, and prescribed more severe punishment for the most serious offenders. This article explores some of the forces at work in bringing about the revisions in New Mexico's Children's Code. We argue that the personal and institutional goals of politicians and other opinion leaders were more important than a rational reaction to any real crisis. Specifically, the threat to institutional resources posed by such serious offenders may well have kept institutional stakeholders within the juvenile justice system from objecting to recent changes in New Mexico's juvenile code.     

The role of power in shaming interactions: how social control is performed in a juvenile court

Shaming is a mechanism theorists have highlighted as an important means of social control. However, this concept and the ways in which officials use shame in the context of formal social control is not easily studied. Interviews with a Southern California juvenile court judge and observations of his interactions with youths on probation are used to illustrate the reflexive nature of social control interactions. This ethnographic study illustrates how the emotion of shame is used to manage delinquent and defiant young people in a justice setting. A nuanced analysis of the various strategies used by this juvenile court judge to evoke signs of remorse, accountability, and deference from young offenders is provided. Such an investigation informs theoretical perspectives on how social control is employed, highlights the important role of power in the interactions, and provides a better understanding of theoretical concepts, such as reintegration and stigmatization.     

Arbitrary Arbitration: Diverting Juveniles Into the Justice System

Abstract Considerable research has examined the effects of diverting juveniles away from the juvenile justice system. These studies have seldom investigated the possibility that diversion may inadvertently “widen the net.” This article assesses the relationship between diversion and net-widening by evaluating a leading Florida-based diversionary program, and this program's capacity to “create a clientele” in order to justify its very existence. The diversionary program under evaluation herein boasts a 98% nonrecidivist rate among its clients, and is touted as a prototype diversionary program for the nation. The current study results, however, indicate that a majority of youths diverted by this program have committed such trivial acts that entrance into any aspect of the juvenile justice system—even under the guise of a diversionary program—seems unwarranted. The results further suggest that among youths who have committed serious juvenile crimes, most are terminated unsuccessfully from this program, and are returned to the justice system for prosecution.     

The ideological bases and functions of contemporary juvenile law reform: The New York State experience

This paper reviews dominant crime control ideologies and relates these ideological assumptions to juvenile justice reform. Using New York State as a case study, the ideological basis of recent juvenile justice legislation is then reviewed through analysis of legislative debates. The debates indicate that the legal reforms represent the ascendance of conservative crime control ideology. The paper then examines the functions and effects of crime control ideology. It is argued that liberal and conservative crime control ideologies are part of a more general institutionalized thought structure dominant in American society. Key elements of this institutionalized thought structure include an emphasis on individualism, formal equality, and rationality. The net effect of the legal reforms, however, appears to be an increase in substantive inequality in the form of extended state control over poor, urban, minority youths. The paper concludes by suggesting that these ideologies function to offer apparent responses to the problem of crime in society without threatening existing distributions of power and wealth.     

Disproportionate minority contact in the Dutch juvenile justice system

To examine whether disproportionate minority contact (DMC) exists in the Netherlands, the representation of minority youth was determined for all stages of the juvenile justice system. Using native Dutch youth as a reference group, the odds ratios (OR) to be registered and arrested as suspect, for alternative punishment and for incarceration, were calculated for the minority youth. In all stages of the juvenile justice system, the ORs for minority youths were considerably higher, except for alternative punishment, having lower ORs. This indicates that DMC exists in the Netherlands. DMC should be politicized and programs should be developed to eliminate this inequality.     

Child Neglect and "Unfit" Mothers:

The state's reaction to pregnant mothers who use drugs today has major continuities with the Progressive Era's response to mothers accused of child neglect. The child savers in both historical eras have imposed their class, ethnic and racial biases upon poor, immigrant and African-American women. These child savers imposed a gender ideology of maternal care on mothers, labelling those mothers who did not conform to their cultural ideal, "unfit" mothers in need of state control. In the modem era, physicians collude with prosecutors and social workers to prosecute and medicalize pregnant mothers who use drugs through the use of mandatory reporting laws together with drug tests, often resulting in the removal of their children from their homes. Historical comparison provides us with insight into how processes of engendering state power have disempowered mothers.