FLP 567 Juvenile Justice Ch 11: Corrections

Retribution

Punishment of offenders for crimes they committed

Incapacitation

locking up offenders or removing their ability to move freely in society

Rehabilitation

describes intervention efforts that seek to modify the factors that cause offenders to engage in crime and delinquency

Deterrence

aims to prevent crime and delinquency by showing offenders that the costs and consequences of aberrant behavior outweighs the benefits

Graduated Sanctions

implies that the penalties for delinquent acitivity should move from limited interventions to more restrictive penalties according to the severity and nature of the delinquent act

Probation

allows youths who are adjudicated delinquent to serve their sentences in the community under correctional supervision

Intermediate sanctions

Hold youths accountable for their actions through interventions that are more restrictive and intensive than standard probation yet which fall short of secure long-term incarceration.

Intensive Supervision Probation (ISP)

highly structured probation intended to provide a higher level of control over an offender

shock incarceration

juvenile boot camp that are fundamentally the same as those for adults

Boot camp

stresses military discipline, physical fitness, and strict obedience to orders, as well as educational and vocational training and drug treatment when appropriate

Ombuds

programs that monitor conditions, investigate complains, report findings, propose changes, advocate for improvements and help expose and reduce deficiencies in juvenile detention and correctional facilities

Risk Principle

embodies the assumption that criminal behavior can be predicted for individual offenders on the basis of certain factors

criminogenic need principle

dynamic risk factors or attributes that, when changed, influence the probability of recidivism

Responsivity Principle

the delivery of treatment programs in a manner that is consistent with the ability and learning style of an offender

Parole

the planned, supervised early release from institutionalization authorized by the corrected facility

reentry

the process of transitioning youthful offenders from secure custody back into the community

aftercare

the supervision of youths for a limited time after they are released from a correctional facility, but while they are still under the control of the facility or the juvenile court

Correctional Alternatives

Retribution, Incapacitation, Deterrence, Rehabilitation

Deterrence Theory

the decision to commit a crime is based on a cost-benefit calculation and that sanctions should be tailored to be just severe enough to exceed the gain offered by the crime

Rehabilitation

provides the philosophical foundation for our juvenile justice system and describes intervention efforts that seek to modify the factors that cause offenders to engage in crime and delinquency

Essential features of a good graduated sanctions system

Certainty
Speed
Consistency
Economy
Proportionality
Progressiveness
Neutrality

Certainty

it responds to every infraction

Speed

The response is swift

Consistency

similar infractions receive similar responses

Economy

the response chosen is the minimum likely to produce the desired result

Proportionality

the level of response should equal the level of the offense

Progressiveness

Continues non-compliance results in increasingly severe responses

Neutrality

responses are objective, impartial reactions to the offense

A modern, comprehensible graduated sanctions continuum set includes four components for targeted populations:

1. Informal sanctions within the community for first-time, nonviolent offenders,
2. Intermediate sanctions (including probation) within the community for more serious offenders,
3. Secure confinement programs for the most violent offenders and
4. Re-entry

Informal Sanctions

usually diversion mechanisms that hold youths accountable by avoiding formal court processing (usually for first-time offenders)

Most common disposition of the juvenile or family court

Probation (least restrictive end of the continuum)

Two kinds of probationary conditions

Mandatory and Discretionary

Mandatory condition

conditions specify that probationers (1) may not commit a new delinquent act, (2) must report as directed to their probation officer and (3) must obey all court orders

Discretionary Conditions

more extensive, as illustrated by the discretionary conditions set forth in New Jersey Juvenile Statutes: pay a fine, make restitution, perform community service, participate in a work program, etc.

Setting of probation conditions

-Must be Doable
-Must not unreasonably restrict rights
-Must be consistent with law/public policy
-Must be specific and understandable

revocation hearing

A hearing held before a juvenile judge for violation of probation and evidence/supporting information is presented.

Goals of Probation are

-protect the public
-control juvenile conduct
hold juveniles accountable
-improve delinquents' behavior through rehabilitation

probation officers

serve both the court and the correctional areas in jj

informal probation

crucial time in a juvenile's life. If successful-avoids further court processing and consequences. If fails, recourse is an official potential to be filed.

detention hearing

a juvenile court process that is much like a preliminary hearing in adult criminal law. if deemed a threat to the public or themselves, will be detained.

Adjudication Hearing (trial)

a hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against the juvenile

Probation officer has two functions

1. personally supervising and counseling youth on probation
2. serving as a link to other community services

solutions for challenges facing probation

privatization and school based probation programs

School-based probation (SBP)

A model where the probation officer works and is housed within the walls of the school

Benefits of SBP

-More contact
-Better Monitoring
-focus on school success
-fit with balanced/restorative justice framework

Common forms of intermediate sanctions

intensive supervision probation, non-secure juvenile residential facilities, non-residential day treatment alternatives, electronic monitoring, house arrest, training schools and boot camps

Shelter

non secure residential facility where juveniles may be temporarily assigned, often in place of detention or returning home and while awaiting more permanent placement

Group home

A nonsecure residential facility for juveniles. provides counseling, education, job training, and family style living. Facilitates reintegrating young offenders into society

Foster home

intended to be family like and serve as a substitute for a natural family setting.