THE “TRUE” JUVENILE OFFENDER: AGE EFFECTS AND JUVENILE COURT SANCTIONING

Age is the only factor used to demarcate the boundary between juvenile and adult justice. However, little research has examined how age guides the juvenile court in determining which youth within the juvenile justice system merit particular dispositions, especially those that reflect the court's emphasis on rehabilitation. Drawing on scholarship on the court's origins, attribution theory, and cognitive heuristics, we hypothesize that the court focuses on youth in the middle of the range of the court's age of jurisdiction—characterized in this article as “true” juveniles—who may be viewed as meriting more specialized intervention. We use data from Florida for court referrals in 2008 (N = 71,388) to examine the decision to proceed formally or informally and, in turn, to examine formally processed youth dispositions (dismissal, diversion, probation, commitment, and transfer) and informally processed youth dispositions (dismissal, diversion, and probation). The analyses provide partial support for the hypothesis. The very young were more likely to be informally processed; however, among the informally processed youth, the youngest, not “true” juveniles, were most likely to be diverted or placed on probation. By contrast, among formally processed youth, “true” juveniles were most likely to receive traditional juvenile court responses, such as diversion or probation.     

Disproportionate minority contact in the juvenile justice system: An investigation of ethnic disparity in program referral at disposition

Historically, minority youth have experienced harsher punishments and more negative outcomes than White youth even when risk assessment is used. The current study investigated the role of ethnicity in an understudied dispositional decision–program referral–and the outcomes associated with said referral using a sample of juvenile offenders (N = 2,678). The study used the Youth Level of Service/Case Management Inventory (YLS/CMI) to determine (1) if ethnicity predicted program referral when accounting for risk assessment and (2) if program referral predicted recidivism. Results indicated that ethnicity predicted program referral, and program referral predicted recidivism. Future directions for Disproportionate Minority Contact (DMC) research and implications for court officials are discussed.     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

A Pilot Assessment of a School‐Based Youth Court in a Resource‐Poor African‐American Urban School District: Lessons Learned From Youth Court Volunteers

This study assesses the benefits of youth court participation for volunteers (N = 14) serving as jurors in an urban school‐based youth court. Focus group and questionnaire data indicate that volunteers are capable of providing more effective sanctioning decisions than adults. Volunteers reported developing citizenship skills including learning about the law and decision‐making skills. The youth court leaders developed self‐confidence and maturity while learning the conflict resolution skills necessary for rendering dispositions and conducting trials. We interpret our findings within the context of the youth court literature, the issue of the school‐to‐prison pipeline, and Elijah Anderson's analysis of the Code of the Street.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Legal, Individual, and Environmental Predictors of Court Disposition in a Sample of Serious Adolescent Offenders

Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court.     

Towards rational and evidence-based crime policy

Rational crime policy constitutes a basic goal for society. If, however, evidence-based, cost-efficient crime prevention is the standard, there is little indication that current policies—including programs, laws, and court decisions—are rational. To support that assessment, this article uses an evaluation research perspective to highlight five prominent problems with extant crime policies: (1) a lack of empirical assessment of the need for them; (2) a range of design issues, including gaps between crime theory and policy, and, most notably, the pursuit of silver bullet solutions; (3) a range of implementation issues, including disjunctures between ideal and actual practice; (4) the lack of rigorous impact evaluations and the sometimes misplaced emphasis on them; and (5) a scarcity of cost-efficiency analyses for guiding investment decisions. It then discusses the implications of these problems and suggests steps that can be taken to place crime policy on a more evidence-based foundation.     

A Study of the Impact of Diversion and Community-Based Treatment on the Bucks County Juvenile Justice System, 1974–1979

This study examines the changes in three variables associated with the processing of delinquent youth by the Juvenile Court from 1974 through 1979. The data on numbers of youth referred to court, on adjudicatory probation and committed to public and private institutions is examined for a three-year period prior to significant court diversion and community-based treatment (1974–1976), and compared with a three-year period during which many diversionary services and treatments occurred (1977–1979). Data is also studied from two counties similar to Bucks in youth population-Delaware and Montgomery counties. The results show significant changes within Bucks County: a 9 percent decrease in total court referrals while Delaware experienced a 63 percent increase and Montgomery a 28 percent increase; significant reduction of probation in Bucks, a slight reduction in Montgomery and a 28 percent increase in Delaware County; and most importantly in terms of service costs, institutional commitments increased only 17 percent in Bucks, while increasing 63 percent in Montgomery and 208 percent in Delaware. Data on total reported offenses (crime rates) does not indicate major differences among the three counties; rather there seems to be variation in the types of services and processing of troubled youth which have resulted in 45 percent lower costs for the juvenile probation services in Bucks County.     

Reconsidering Domestic Violence Recidivism: Conditioned Effects of Legal Controls by Individual and Aggregate Levels of Stake in Conformity

Social scientists examining whether stake in conformity conditions the deterrent effect of arrest for domestic violence recidivism have applied criminological theory to an important criminal justice issue. We extend this research with a discussion and multi-level analysis of the possible interplay between court dispositions and (a) an offender's stake in conformity, and (b) the proportion of higher stake residents in an offender's census tract of residence. The prevalence of re-arrest for intimate assault (misdemeanor and felony) is examined for 3110 suspects of misdemeanor intimate assault in Cincinnati. Findings reveal a significant main effect involving higher re-arrest likelihoods for arrested suspects with no formal charges filed against them. Results for the conditioned effects of court dispositions reveal significantly lower re-arrest likelihoods for higher stake offenders undergoing a counseling program (a predicted relationship), and significantly lower re-arrest likelihoods for lower stake offenders serving probation and/or jail (opposite to the predicted relationship). At the neighborhood-level, sentences of probation and/or jail correspond with significantly lower re-arrest likelihoods for offenders living in neighborhoods with more residentially stable populations (as predicted). We discuss the implications of our study for future research.     

“YOUTH IS ENMESHED IN A HIGHLY DYSFUNCTIONAL FAMILY SYSTEM”: EXPLORING THE RELATIONSHIP AMONG DYSFUNCTIONAL FAMILIES,PARENTAL INCARCERATION,AND JUVENILE COURT DECISION MAKING*

Although prior work has substantiated the role of external attributes in juvenile court decision making, no study to date has examined how family situational factors as well as maternal and paternal incarceration affect juvenile court officials' responses to troubled youth. Using quantitative and qualitative juvenile court data from a large urban county in the southwest, this study draws on attribution theory to examine how family structure, perceptions of family dysfunction, and parental incarceration influence out‐of‐home placement decisions. Findings reveal that juvenile court officials' perceptions of good and bad families inform their decision making. This study emphasizes the need to unravel the intricate effects of maternal and paternal incarceration and officials' attributions about families and family structure on juvenile court decision making.     

JUVENILE COURT INTAKE An Analysis of Discretionary Decision-Making

An increasing amount of pressure has been directed toward juvenile court operations, much of which has focused on the hypothesized abuse of the broad discretionary decision-making power that has traditionally been vested in the court. In this paper, we attempt to examine the extent to which factors not directly associated with the nature of the alleged offense may alter the probability that a juvenile w.11 be referred for a formal hearing in the juvenile court, a step which many analysts feel may have the unintended function of promoting rather than inhibiting subsequent involvement in delinquent behavior. Based on an analysis of 346 cases, our findings show that a number of variables that are not of direct legal relevance do exert a significant influence on the dispositional process, but the magnitude of this influence is not as great as many have been led to expect given the orientation of some explanatory models, particularly those based on the propositions of the labeling school.     

The Impact of Safe Harbor Legislation on Court Proceedings Involving Sex Trafficked Youth: A Qualitative Investigation of Judicial Perspectives

The passage of the Trafficking Victims Protection Act (TVPA) facilitated the conceptual shift in reframing youth involved in sex trafficking as victims, rather than criminals. Many states have passed legislation in the form of Safe Harbor laws to protect sex trafficked juveniles from criminal charges and provide rehabilitative services (Polaris, 2015). Nevertheless, limited research has examined the impact of Safe Harbor laws and the role juvenile and family court judges play in how minor victims of sex trafficking are treated by the court system. Consequently, the purpose of this qualitative study was to examine juvenile and family court judges’ knowledge and perceptions of Safe Harbor legislation and identify legal challenges when presiding over cases involving sexually exploited youth. Semi‐structured interviews were conducted with a national sample (N = 82) of family and juvenile court judges. Findings suggest that respondents perceive Safe Harbor laws to have positively affected both attitudes and practices, although several challenges and unintended negative effects were identified. Further, dispositional issues, difficulties with case identification, legal and policy issues, and challenges with interagency collaboration were identified as ongoing issues to address. Legal implications as well as practice and policy considerations based on the study findings are discussed.     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

Female Delinquents: the Effect of Offense Characteristics on Adult Criminal Careers in the 1958 Philadelphia Birth Cohort

This paper uses the official juvenile offenses among delinquent girls in the 1958 Philadelphia Birth Cohort to investigate the two overarching questions. This research investigates the nature of delinquency conduct, offense-by-offense, and its relationship to adult crime status. Although it is convenient to think of an offender’s delinquency career as a whole, such a career actually consists of one or more specific offenses, and offense conduct can be worth studying in its own right. Thus, it is necessary to determine whether the timing, type, severity, court disposition, and so on, of these juvenile offenses can be used to predict adult career pathways. An extensive review of the literature revealed that investigations of early offense conduct and its connection to adult crime are exceedingly scarce. This study indicates as follows. First, the way a delinquent begins her criminal career is predictive of the adult trajectory that will be followed. Second, we also found that aspects of the first few offenses doe influence whether delinquent girls do continue committing crimes as adult. The strongest predictor of adult crime status was juvenile court dispositions.     

A STRUCTURAL EXAMINATION OF MISDEMEANOR COURT DISPOSITION PATTERNS*

The utility of structural criminology in explaining societal reaction to criminal events is examined in an analysis of misdemeanor court cases processed in an urban southern jurisdiction. The analysis employs a relational measure of class to discern distinctions in disposition patterns for misdemeanors classified by type of complaining party. Logistic regression is used to consider the influence of a variety of procedural/legal and extralegal variables in predicting case dispositions for individual, corporate, and victimless cases. Results indicate partial support for the premises of structural theory, and the discussion focuses on how the context of criminal court processing may be conditioned by varying degrees of control between victim and offender.     

Trans-Regional Courts in China: A Study of Establishment Models and Jurisdictional Rules

The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.     

Individualization,criminalization, or problem resolution: A factorial survey of juvenile court judges' decisions to incarcerate youthful felony offenders

Existing research on the criteria used by juvenile court judges in choosing dispositions is limited in two respects. First, the predictor variables included in most investigations have been limited either in number or in the quality of their measurement. Second, research has not focused on sentencing decisions for serious offenders. Using a factorial survey of juvenile court judges, the present study seeks to determine what factors shape disposition decisions for juvenile felony offenders. The results suggest that judges focus primarily on offense characteristics, and are influenced only marginally by the offender's social characteristics. These findings are more consistent with the view that juvenile courts are becoming “criminalized” than with the view that individualized treatment is the goal. An alternative interpretation—that judges may be problem solvers, trying to dispose of cases efficiently—also is proposed.     

The Conditioning Effects of Race and Gender on the Juvenile Court Outcomes of Delinquent and “Neglected” Types of Offenders

Drawing upon concepts from prior research that emphasize race and gender stereotyping, the present research compares how delinquent and “neglected” types of offenses (i.e. status offenses, probation violations, youth charged with contempt) are treated across three juvenile court outcomes. Beyond how offense type may directly impact case outcomes, we also investigated whether race and gender influenced juvenile justice processing within each offense type. Using data from two Mid-Atlantic States, results indicated that type of offense, race, and gender resulted in both severe and lenient case outcomes depending on the stage examined. By including different types of offenses that represent a significant percentage of youth that have been relatively neglected in prior research, the current study provides greater insight into the contexts of race and gender disparities in juvenile justice decision-making. The implications of the findings and directions for future research are also discussed.     

Rational Misbehavior? Evaluating an Integrated Dual-Process Model of Criminal Decision Making

Objectives

Test the hypothesis that dispositional self-control and morality relate to criminal decision making via different mental processing modes, a ‘hot’ affective mode and a ‘cool’ cognitive one.

Methods

Structural equation modeling in two studies under separate samples of undergraduate students using scenarios describing two different types of crime, illegal downloading and insurance fraud. Both self-control and morality are operationalized through the HEXACO model of personality (Lee and Ashton in Multivariate Behav Res 39(2):329–358, 2004).

Results

In Study 1, negative state affect, i.e., feelings of fear and worry evoked by a criminal prospect, and perceived risk of sanction were found to mediate the relations between both dispositions and criminal choice. In Study 2, processing mode was manipulated by having participants rely on either their thinking or on their feelings prior to deciding on whether or not to make a criminal choice. Activating a cognitive mode strengthened the relation between perceived risk and criminal choice, whereas activating an affective mode strengthened the relation between negative affect and criminal choice.

Conclusion

In conjunction, these results extend research that links stable individual dispositions to proximal states that operate in the moment of decision making. The results also add to dispositional perspectives of crime by using a structure of personality that incorporates both self-control and morality. Contributions to the proximal, state, perspectives reside in the use of a new hot/cool perspective of criminal decision making that extends rational choice frameworks.