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Delinquency: Legal Definition |
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Behavior against the criminal code committed by an individual who has not reached adulthood |
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Behavior not against criminal code but prohibited only for juveniles (ex: truancy, alcohol use) |
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Ages 7-12 Offense against criminal code Early trouble with law = major risk for life course persistent offending |
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Deliquency: Psychological Definition |
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Triad of Psychopathy ADHD Conduct Disorder, Oppositional Defiant Disorder, Disrupive Behavior Disorder Fledgling Psychophaty Longer, repeated bad behavior |
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Bed wetting Fire setting Cruelty to animals |
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Categories of Criminal Offending: FIve Major Areas |
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Unlawful acts against persons Unlawful acts against property Drug offenses Public order offenses Status offenses (only applicable to juveniles) |
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Infancy vs. Adulthood "Infancy Defense": British common law; infant - 7 = guiltless Invention of Aldolescence: 7-12 = fuzzy period; 13 = adult Postponement of Responsibilities Youth vs. Adult World Age-graded Institutions (scouting movement, junior achievement) |
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Primary focus: rehabilitation & protection Parens Patriae Due process rights not paramount |
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Courts play paternalistic/benevolent role State has right to intervene in life of youth, even over parental objection when considered in best interested Does not require a lawyer, etc. |
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Rights of young offenders in juvenile court Juveniles cannot waive jurisdiction in absence of hearing and safeguards Juvenile courst would be required to provide due processs protections for juveniles At the time, there was no process for Kent to practice the right o challenge the waiver; decision overturned. |
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Juvenile transferred to adult court |
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Procedural safeguards from Kent are extended to all juveniles in any delinquency proceeding Juveniles must be afforded the right to: have notice of the charges aginst them, have an attorney, invoke the privelage against self-incrimination, confront & cross-examine witnesses BUT no right to a jury trial |
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Three Important Brain Structures |
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Brain Stem Limbic Brain Cortex Under development throughout childhood |
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Unconscious physiological functioning Involuntary responses Not the source of behavioral problems |
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Processing emotions Development in adolescence is characterized by emotional intensity and volaility Decision making is based on emotions rather than reasoned judgement Small, almond-shaped structure Source of responses to fear & anger Grows proportionally larger in males |
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Major role in encoding memories Increases in volume up to age 18 Larger in females than males Responsible for storing memories |
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Circuit involved with motivation Teen with an underreactive VS will lack drive Teen laziness seems to be brain-based |
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Structure helps control the ability to maintain attention or shift attention from one thing to another |
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The Role of Hormones: Melatonin |
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Changes in sleep patterns |
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The Role of Hormones: Leptin |
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Fat storage Influence is suppressed by testosterone in boys, which brings out dramatic muscle increase |
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The Role of Hormones: Testosterone |
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Stimulates the amygdala Levels in males are 20x higher than in females Main growth hormone for males: circulates 5-7 times a day |
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Neurotransmitter Motivation & salience (recognizing when something is important) Most active when the prospect of a reward is least certain - prompts teens to engage in risk-taking activities |
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Responsible for planning ahead, considering consequences, and managing emotional impulses |
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Analytical work of the brain Logical, cause/effect reasoning, verbal processing, sequential, plans & structures, and control of feelings Girls: left develops before right |
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Intuitive side of brain: attachment process, non-linear, intense emotion, visual processing, social, images/themes/pattenrs Responsible for synthesizing information Boys: right develops before left |
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Thick bundle of nerve ibers Transports information between the left & right hemispheres Thicker in girls: girls tend to use both hemispheres Shift of emotional processing from the amygdala to the prefrontal cortex (also partly due to the process of myelination) |
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Brain goes through growth spurts characterized by an overproduction of dendrites Brain is more vulnerable during these spurts (use of drugs & alcohol) Most PHYSICAL damage can be done to the brain |
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Some mental abilities develop from eliminating synapses that are weak and underused |
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15-24 year olds suffer the highest incidents 2X more common in males than in females Prefrontal cortex hasn't yyet developed, so people in the above age group exhibit particularly risky behaviors |
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Less than 16-18 years; not yet recognized as having the rights & responsibilities of a competent adult |
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Major v. Minor: Emancipated Minor |
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Over 16 Common law doctrine esrves the mutual rights and obligations of the parent child relationship Marriage, Military Service, Ownership |
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Juveniles who exhibit aggressiveness, petty theft, vandalism, truency, drug use |
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Jurisprudence: Rehab v. Retribution |
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Focus on offender (vs. offense) Informal procedures Closed to the public Dispositions target needs Implementation by social workers |
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Illinois Juvenile Court Act of 1899: "Dependent or Neglected Youth" |
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Jurisdiction over youth less than 16, whether delinquent, dependent, or neglected: 1. homeless or abandoned 2. without proper parental care / guardianship 3. habitually begs 4. iving in "house of ill fame" or with vicious / disreputable person 5. home is unfit for a child 6. any child less than 8 who is peddling, selling, singing on street, etc. |
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Illinois Juvenile Court Act of 1899 |
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Jurisdiction over youth less than 16, whether delinquent, dependent, or neglected: neglected vs. delinquent juveniles, system of probation, separate court system, special juvenile procedures, separate juveniles & adults in correctional system, focus on rehabilitation, established record confidentiality, ban on jail detention for less than 12 yrs |
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Theory: Poverty and Social Conditions Lead to Crime |
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Criminality is not inherited Aims at social reform, not behavioral problems |
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Theory: Social Ills are Learned |
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Negative role models create negative behaviors Juveniles need to be separated rather than incarcerated with adults |
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State has a moral obligation to intervene on behalf of a juvenile's conditions |
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Theory: Education and Discipline is the Way to "Cure" Juveniles |
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Juveniles can be taught not to be a societal threat Juveniles should be educated as a part of their discipline |
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Probation Officer: Ultimate Authority |
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Pretrial detention, movement of court proceedings, detain vs. release juvenile, informal handling of case, dismiss without trial, 5-minute juvenile hearing |
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From Parens Patriae to Police Power |
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Juvenile court rights Kent v. US (1966) In re Gault (1967) In re Winship (1970) |
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Juvenile Justice and Delinquency Prevention Act (1974) |
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Nationwide program of prevention, rehabilitation, and system imporovements 1. De-institutionalization of status offenders and non-offenders 2. Separation of juveniles from adult offenders 3. Removal of juveniles from adult jails & lockkups 4. Address disproportionate minority confinement |
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Surge in 1980s and early 1990s increased fears and call for punitive actions (ex: transfer to adult court) Decrease since 1990s: 44% arrest decline Dramatic homicide arrest decline (esp males killing males) |
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Developmental Psychology & Developmental Neuroscience |
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Developmental Theory & Psychosocial Developmen |
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Longitudinal studies Two groups of delinquents: Life-course persistent offenders, adolescent-limited offenders Differences predicted by early onset of developmental & behavioral problems |
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Life-course Persistent Offenders |
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Early childhood conduct problems Childhood predictors: under-controlled tempermant, delayed motor development, low verbal ability, attention deficits/hyperactivity, neuropsychological impariments, bullying behavior, difficulties in peer relations Higher risks for delinquent / criminal behavior Only 10% of delinquents 10:1 for boys, 100:1 for girls |
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Adolescent-limited Offenders |
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Offending begins in teen years Early childhood/behaviors problems typically absent Delinquency emerges with puberty Delinquent behavior considered "normative" for this group and is heavily peer-influenced Most common type of offending |
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Peer influences, risk taking, and temporal perspectives make adolescents make decisions differently than adults Legal policy should reflect these differences |
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From the Bottom Up From the Inside Out Growth: In utero - 18 months, 10-13 years, 18-24 years Pruning: use it or lose it |
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Amygdala, hippocampus, ventral striatal, hypothalamus |
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Control center of the endocrine system which regulates hormones |
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Conscious thought & reason Prefrontal Cortex, Right Hemisphere, Left Hemisphere Corpus Callosum |
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Functional Component of Competence |
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What is established for adults is established for juveniles |
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Casual Component of Competence |
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Less clear for juveniles Psychosis & mental retardation: primary reasons for finding incompetence in adults, but less than 20% of incompetent adolescents have psychotic disorders Age, development, and maturity are more salient Attention deficites/hyperactivitiy, impaired verbal abilities, and low intelligence also relevant |
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Juvenile Competence Assessment Interview |
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Only competency insrument designed for youth Structured interview can be used to get infor about relevant legal capacities & developmental issues |
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Fitness Interview Test-Revised |
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Designed for use with adults, has been used for juveniles Evidence of reliability & validity with juveniles |
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Restorance of Juvenile Competence |
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Usually brief & provided in the community Can be difficult if competence is related to developmental deficits |
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Waiver To Adult Court: Three Ways |
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Judicial Waiver: Judge transfers following a hearing Automatic Waiver: Automatic via certain offenses; some states limit to 16 or 17 Proescutor Direct File: Prosecutors can decide whether to try youth as an adult or a juvenile |
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Waiver To Adult Court: Evaluations |
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Three factors: 1. Risk. 2. Maturity. 3. Amnebaility to treatment. Use standard risk assessment instruments, tests of intellectual function, and measures of treatment responsivity Risk-Sophisticated Treatment Inventory |
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Waiver to Adult Court: Problems |
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1. Underlying assumptions not supported by research. 2. Minority youth are more likely to get transferred. 3. Violent environment puts juveniles at risk for victimization; environment focussed on punishment rather than rehabilitation |
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Statistics: Mental Health & Delinquency |
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High suicide threats/attempts, physical & sexual abuse, parental neglect 2/3 boys & 3/4 girls had 1+ psych disorder 1/2 indicated substance abuse 20% major depression 16% boys, 21% girls ADHD 21% boys, 31% girls anxiety disorder 90% conduct disorder |
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1. Important characteristics of youth 2. What needs to change 3. Applicable modes of intervention 4. Likelihood of change |
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