Delinquency and Justice

Abstract

In an attempt to demonstrate the value of case study research on delinquency in American Indian communities, Tribal Court juvenile records from one western American Indian community, 1991 through 1998, were analyzed and interviews conducted with community members. Most arrests of juveniles were for alcohol possession and consumption, conduct offenses and status offenses. The most severe offense was simple assault. Youths were more likely to be detained for underage consumption than youths off reservation. Few bookings (26%) resulted in court hearings and all cases resulted in dismissal, deferred adjudication, or deferred sentencing. Girls had higher rates of arrest and detention than males. Interviews identified alcohol consumption and erosion of the extended family as correlates of delinquency.     

Parents’ Perspectives on Family‐centered Care in Juvenile Justice Institutions

Family‐centered care during adolescent detention aims to increase parental participation in an attempt to optimize treatment outcomes. However, little is known about parents’ needs in family‐centered care. To fill this gap, we interviewed 19 purposefully selected parents of detained adolescents using a semi‐structured topic list. Although needs differed between parents, they were generally interested in activities that included spending time with their child. It is important for parents to receive timely information about their child's condition and treatment, detention procedures, and activities in the facility. The outcomes demonstrated that parents expected a two‐way communication based on respect and reliability.     

Influences on Detention Decisions in the Juvenile Justice System

This paper examines the pretrial detention of juveniles in County X located in a northeastern state. The sample (N=642) included Black, White, and Hispanic males and females adjudicated delinquent in the summer of 2000. The following independent variables were analyzed with respect to the dependent variable of pretrial detention: age, sex, address, race, current offense (misdemeanors, violent misdemeanors, felonies, violent felonies, and probation violations), prior offense (misdemeanors, violent misdemeanors, felonies, and violent felonies), and previous dispositions (community or placement). Several variables were found to be significant in increasing the odds of pretrial detention: probation violations, prior misdemeanors, prior residential placements, prior community interventions, age, sex, urban address, felonies, prior violent misdemeanors, and prior violent felonies. It was expected that minority youths would be more likely to be detained, but race was only significant in the absence of the variable of address. Urban youths were more likely to be detained resulting in an over‐representation of minorities in detention, since most of the minority population resides in the urban area. Also included is supplemental material based on interviews with defense lawyers, judges, masters, and juvenile probation officers.     

关于对现行犯适用先行拘留的思考

现行犯是指正在预备犯罪、实行犯罪或者犯罪后即时被发觉的人。刑事诉讼法规定对现行犯可以适用先行拘留。对刑诉法所规定的"先行拘留",理论和实践中众说纷纭,诸如立案前拘留、逮捕前拘留、无证拘留和有证拘留等等。这些观点均有违立法精神,造成了司法实践中对拘留的适用无所适从。先行拘留和拘留是有区别的,对现行犯可以先行拘留,应当理解为"先抓获后拘留"。     

Preadjudicatory detention in a large metropolitan juvenile court

While the use, and possible abuse, of detention by the juvenile court has been the subject of heated controversy in recent years, this issue has received very little systematic empirical attention. A few studies of detention have been conducted, but they have produced mixed findings, which may be a result of the different locations and time periods considered, and the different methodologies employed. To shed additional light on this important question, we examine in this investigation the effect of a variety of legal, extralegal, and other case characteristics on the preadjudicatory detention practices of a large metropolitan juvenile court. Over 60,000 cases disposed of by the court during a seven-year period (1969–1975) were considered in a detailed multivariate analysis of detention outcomes (detained/not detained). The analysis produced no evidence that the court operates on a double standard—discriminates—along sexual, racial, or socioeconomic lines in the use of detention. Both additive and interaction statistical models considering the extralegal variables showed a youth's sex, race, and social class to be largely independent of detention decisions. In contrast, a legal factor—a youth's previous court experience—was found to be an important predictor of detention. This factor better accounts for detention outcomes than any, or all, of the other legal, extralegal, and other case history variables considered in the analysis.     

Perceived Needs and Interests of Juveniles Held in Preventive Detention

The current study assesses the perceived needs and interests of juveniles held in preventive detention. The study involved 70 juveniles assigned to residential units at a juvenile detention facility. Juveniles were administered a written questionnaire that requested both quantitative and qualitative responses to items related to juveniles' perceived needs and interests. Frequency tests were performed to determine which perceived needs and interests are most and least pronounced among detained juveniles. The areas of need most commonly cited by detained juveniles were learning how to make better choices, learning more about computers, and learning to control anger better. Juveniles expressed an interest in most activities, with children versus staff contests, cultural diversity education, learning new board games and card games, doing arts and crafts, and taking care of a pet being the most popular items. In order to ensure that programs are helpful and enjoyable for detained youth, detention staff members should tailor programs and activities to the perceived needs and interests identified in the current study.     

看守所实施新刑事诉讼法实证研究报告

对五个省看守所的调研发现,总体上看守所实施刑事诉讼法的相关文本规定取得了良好的效果,修改后刑事诉讼法赋予看守所相应的职责,比如保障律师会见权、讯问在看守所内进行、对三个月以下的短刑犯执行刑罚等直接与看守所相关的条款,都得到了严格的遵循与适用.另一方面从更为宏观的角度上来看,看守所实施新刑事诉讼法的现有成效只是良好的开端,许多间接相关的条款,比如保障民事权利、法律援助等,甚至是看起来与看守所执法无关的条款,比如录音录像、非法取证的固定取证等,都有必要继续研究,拓展看守所的相关功能,创造条件予以适用,真正、完整地贯彻刑事诉讼法的立法精神与文本规定.     

“Who made the code in the first place?”: Delinquency and justice in an American Indian community

This paper examines the emergence of official categories of delinquency and a formal system for the legal processing of youth on one American Indian reservation. The creation of the legal code, Children's Court and Juvenile Detention Center, and the ongoing activities of these agencies are placed in the context of the larger social system of the reservation and the history of federal policies toward Indian peoples. Through in-depth interviews, participant observation, case file review, and the analysis of existing statistics, perceptions of delinquency and justice and trends in the legal processing of adolescents in this community are explored. The implications of this imposed system of law and justice for this community are discussed.     

Ten Ways to Reduce Detention Population

“Juvenile detention is regularly overlooked, maligned, and misunderstood. Its embattled condition is best described as severely abused and neglected. It is underfunded, understaffed, crowded and largely ignored.”¹ “Detention caseloads increased 38 percent between 1987 and 1996. The increase in the number of delinquency cases handled by the courts has driven the growth in the number of juveniles in the detention system. In 1987, 1.2 million delinquency cases were disposed of in juvenile courts. By 1996, this number had risen 49 percent, to almost 1.8 million. This increase in the volume of juveniles in the justice system resulted in a 38 percent increase in the number of delinquency cases that involved the use of detention. The number of juvenile delinquency cases detained in 1996 was 89,000 more than in 1987. This has resulted in increased demand for juvenile detention bed space across the country.”² “Changes in statutes allowing more detainable offenses have significantly increased the number of youths admitted to regional detention centers.”³ “Although minority youth constituted about 32 percent of the youth population in the country in 1995, they represented 68 percent of the juvenile population in secure detention…⁴     

The (Mis)Uses of Detention and the Impact of Bed Space in One Jurisdiction

Analysis of booking data prior to and following the opening of a new facility doubling available bed space reveals that 53.0% of detentions end prior to or at a detention hearing, charges for 48.8% of bookings are for technical violations of probation or status offenses only, and that 62.5% of bookings are for a combination of the prior two offense and other minor offenses. These trends as well as the actual number of youths detained increased with the move into a new facility with twice the bed space. The data suggest that detention is frequently used as shelter and/or punishment even though a juvenile does not technically represent a threat to self, community, or of absconding.     

Collective Liminality: The Spillover Effects of Indeterminate Detention on Immigrant Families

This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data collection between 2015 and 2017 that included accompanying families to visitation at three Southern California detention facilities, and in-depth interviews with former detainees and their relatives, I demonstrate the broader “collateral consequences” that immigration detention inflicts on detainees' loved ones. I find that not only does the detained individual experience liminality, but the detention of a loved one places the family in a state of shared liminality, which is experienced at two levels: material and emotional. These hardships materialize even before the detainees' deportation and can persist even after their release back into the US. This research extends scholarship on the impacts of detention on detainees, and on the consequences of deportation for families. The concept of collective liminality highlights how immigration detention functions as a critical tool of immigrant surveillance, punishment, and exclusion.     

Low-Level,but High Speed?: Assessing Pretrial Detention Effects on the Timing and Content of Misdemeanor versus Felony Guilty Pleas

Abstract

While numerous studies have examined pretrial detention and felony case outcomes, little empirical attention has been devoted to misdemeanor pretrial detention. We theorize that misdemeanants detained for a longer proportion of time will plead guilty quicker because the costs of fighting their charges in jail often outweigh the sanctions they face. Utilizing data on 165,630 felony and misdemeanor cases from Miami-Dade County, Florida, during a 4-year period (2012–2015) we assess whether the effects of pretrial detention length on the timing and content of guilty pleas differ across lower-level and upper-level courts. Survival analyses and multinomial logistic regressions indicate that misdemeanor cases overall and those involving lengthier pretrial detention are resolved faster, with most resulting in non-carceral sanctions such as credit for time served (CTS). Given that misdemeanors make-up the bulk of U.S. criminal cases, these findings reveal important insights about how pretrial detention impacts case-processing dynamics in lower courts.     

Punishing the Innocent: Children of Incarcerated and Detained Parents

Abstract

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on (1) the special status of children, (2) the harm caused to children by the arrest, detention and incarceration of their parents, (3) current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm.     

Edict of the Government of the Russian Federation No. 301 of April 16, 2012, City of Moscow "Conditions of Confinement,Feeding Norms,and the Procedure for Medical Assistance to Detained People in Territorial Bodies of the MVD RF"

Edict No. 301 contains regulations concerning conditions of detention, feeding norms, and medical services to persons detained in the duty officer's section of territorial subdivisions of the Ministry of Internal Affairs of Russia.     

Most in Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors

Abused, neglected, and abandoned immigrant youth face numerous obstacles to physical safety, including potential repatriation (deportation) to abusive caretakers from whom they fled. In recognition of the special needs of abused children, Congress enacted Special Immigrant Juvenile Status (SIJS) to provide a previously unavailable child welfare defense to deportation. The remedy is contingent upon a State court declaration that the youth is, in fact, in need of protection. However, unlike their counterparts in foster care or guardianships, youth detained by the federal government face numerous practical and legal roadblocks to accessing the necessary State court declarations. This article identifies several gaps in State laws which impede detained youths' access to State court declarations, and proposes several remedies which would enable the States to carry out Congress' intent that detained youth have access to SIJS, regardless of detention status.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Law and Ojibwe Indian “Traditional Cultural Property” in the Organized Resistance to the Crandon Mine in Wisconsin

Section 106 of the 1966 National Historic Preservation Act (NHPA) requires that federal agencies “must take into account” the impact of their regulatory actions on historical properties, among them the “traditional cultural properties” of American Indian tribes. Conceiving of tribes' own social practices in terms of property creates the possibility for making claims about its loss for tribes, but it also problematizes their cultures' inherent dynamism that implicates its putative authenticity. This article offers commentary on the implications of practicing a form of action anthropology for the concept of culture via discovery and explication of such property under the NHPA. The context is a small American Indian community's effort to resist the development of a copper‐zinc mine adjacent to its reservation, on land that holds significant meaning for the community.     

Education, empowerment and community based structural reinforcement: an HIV prevention response to mass incarceration and removal

In the context of US urban jails, incarceration is often seen as an opportune intervention point for prevention interventions in public health. For the detained individual, it is an opportunity to reflect on individual choices and the potential for changes in one's life course. For population focused public health professionals, jail detention facilities represent a concentration of health risks, and an opportunity to have an impact on a significant portion of those at risk for HIV and other health concerns. This paper presents an innovative education and empowerment model that bridges across jail walls, beginning on the inside, and continuing on the outside of jail where individuals continue to be challenged and supported toward positive health and social choices. The intervention also seeks to foment community activism in the communities to which jail detainees return, thus aiming to have a structural impact. This paper examines both the intervention model and the challenges of examining the effectiveness claims for the intervention at multiple levels.     

The treatment of prisoners: International standards and case law

Objective. In some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offence. However, the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Method. This article describes in detail what these standards are and how they apply to imprisonment. It also considers how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. Conclusion. All those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind ‘the inherent dignity of the human person’. This obligation applies particularly to psychologists and others who develop programmes and other activities aimed at influencing the future behaviour of prisoners.