CCJ4010

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kismet007
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39031
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CCJ4010
Updated:
2010-10-03 00:42:04
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juvenile justice
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JUVENILE JUSTICE
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  1. Know how and why the concepts of childhood and adolescence changed in the 19th and 20th century. You should be able to define the concepts, and know the key players and factors associated with their
    evolution/invention.
    • A) no special social/legal status
    • B) participated in illegal activities…ex: gambeling
    • C) smaller version of an adult
    • Age 7- child emerged from dependency and put to work
    • After 19th century kids were separated, protected, and innocent
    • Agricultural to industrial economy
    • Underlying change- industrial economy separated work from home Invention?
    • Child study movement- group of biol/phych. Who studied kids
    • G. Stanely Hall- showed developmental stages people go through
  2. Progressives’ reforms that institutionalized childhood and adolescence.
    • 3 major areas of reform(Trinity of legal/social constitution of childhood)
    • 1. Work
    • 2. School
    • 3. Delinquency
    • School attendance laws, child labor laws
  3. "A quick introduction to the juvenile justice system.”
    • 1. Parens Patriae
    • Operating philosophy of J.J.S
    • State has ultimate responsibility for care of children
    • State has to act in best interest of child
    • Provide care equivalent to loving parent

    *A kid is viewed as a victim of improper care and should not be punished but treated

    • 2. Juvenile or minor child
    • Keep kids from being labeled
    • Delinquency varies upon state

    • 3. Adjudication and treatment
    • Adjudication- trial stage where given treatment

    • 4. Waiver
    • Jurisdiction of youth is tried as an adult
    • Non violent for most transfers

    • 5. Status- offense
    • Behavior only illegal b/c of age…..ex: drinking, run-away, curfew, truancy
  4. the consensus model from the conflict perspective.
    • Consensus model- organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively
    • Conflict Perspective- Work competitively instead of cooperatively
  5. what ideology is, and be able to distinguish between its component parts (e.g. interests and circumstances).
    • Ideology -Use of reports about world that justifies commands to do something of a public nature which serves interests rooted in particular circumstances.
    • - Use of normative rational discourse that uses evidence and reason to try to persuade somebody
    • -Subjector tries to seem objective and neutral
  6. three key juvenile justice institutions were established.
    • House of Refuge- N.Y in 1825
    • Reform school- Westborro, Mass in 1848
    • J.J.S- Cook County, Illinois in 1899
  7. the regimens and conditions in, as well as the characteristic functioning of, these institutions (e.g. how the first juvenile courts operated).
    • House of Refuge
    • 1st separate institution for youth offenders
    • 3 legal innovations
    • 1. Age distinction
    • 2. Indetermanent sentencing
    • 3. Broad legal authority

    • Treatment- 6/8 hours of work, 3/ 4 hours of school
    • Reform School
    • Rural setting
    • Goal- labor, agriculture, jobs
  8. social developments and circumstances associated with the child-saving movement,
    as well as the popular view of crime at that time.
    • Child saving movement
    • Progressive reformers that created programs for troubled youth and informed leg. To create J.J.S
    • -concerned moral training was bad
    • - goal was morality
  9. first juvenile courts – e.g., background, philosophy, outcome, etc.
    • O’Connell Case
    • People vs. Turner
    • Oconner was sent to refuge house w/o trial
    • -endangered of growing up to be poor
    • - ruled being punished not treated
    • - overturned commitment(let him go)
    • - made rule you can only send to refuge house/school if commited a felony
    • =in response- child savers pushed for Juv. Court
  10. the establishing and functioning of the training school and juvenile court in Memphis, Tennessee.
    • Founding of Shelby County
    • Industiral and Training School
    • -1909
    • -90% of people who were involved in finding the school were upper class
    • - Social Register and Whos who in Tennessee
    • Were used to find out who was a member of the upper class
    • -most who ended up attending the school were poor immigrant youths
    • -were sent there for status offenses
    • -establishment of Memphis Juv. Court
    • -74% involved in finding court were upper class
    • -most sent here were poor, only 4.6% were upper class
    • - almost all were property or status offenses
  11. New York Children’s Aid Society’s placing out plan – e.g., what it was, what it really was, and the underlying motives.
    • Charles Loring Brace thought that the settlement of immigrants in Ellis Island NYC were ignorant,
    • abnormal conditions born of ignorance
    • - created an orphan chain as a channeling of labor
    • - felt that children would find their first home/ felt as if the parents sucked at parenting and that he had the right to take them away from their ignorant parents.
  12. New York Children Aid Society cont
    • - Brace implicated that the families weren't actually families/homes (they were less than human)
    • - stated that the only hope for these children is if their mothers were dead.
    • - undermined identification with people/ no felt bad for these people/ no empathy what so ever
    • -said that these group of people were power because of themselves and their personal inadequacies not social institutions
  13. why save the children?
    • - you can only take a man as he is/ children on the other hand you can train to be what ever you or they want
    • - kids serve as reigning trophies / at the time they were easy to convert from Catholicism to Protestant
  14. how the juvenile justice system viewed and handled black youths in the 19th century, how the black child-saving movement differed from the white child-saving movement, and how the black-saving movement evolved over time.
    • - felt that it was easier to correct white youth/ privaleged by skin color and the fact that they would not be a threat to society.
    • - reform schools would get more support from the community if the children were white and not black
    • 1. white polity
    • 2. white skin and salvageability
  15. how Progressives’ and the juvenile justice system viewed and treated female youths in the 19th century (e.g., how they girls were treated, their institutional regimens, etc).
    • First, the clientele was overwhelmingly from the lower class and of immigrant parents. Second, boys and girls appeared in court for different reasons, and the courts disposed of their cases differently. The majority of girls, as compared to a very small proportion of boys, were charged under the loose heading of “immorality;” however, higher percentages of girls than boys were sent to reformatories, whereas lower percentages were placed on probation.
    • - girls got in trouble more for loosing their virginity if anything
    • - they were domesticated in the reform schools
  16. edifice complex
    • persistent belief that the solution to human problems is to build a new institution
    • - ex. dept of homeland security, courts, welfare
    • - established on the heels of failures of previous structure
  17. Child Savers Movement
    • group of biologists and psychologist that studied kids
    • -G. Stanley Hall
    • - increase control / regulation of where children can and cannot go / segregation of youth from adult world
  18. child savers
    • group of progressive reformers that created programs for troubled youth and influenced legislation to create the Juvenile Justice System
    • - concerned with moral training of poor and immigrant youth was bad/inadequate
    • - group was composed of judges, womens groups and charity organization
  19. the reports of rational choice theory, and the different methods for controlling rationalized delinquency
  20. social disorganization theory, and particularly with where in the city delinquency rates were highest.
  21. Know and understand the key factors associated with the shift to “get tough” juvenile justice
  22. Know the background of behind the third wave of juvenile justice reform.
  23. Know the basic concepts, and possible outcomes associated with labeling theory
    • - Humans are inherently social: Inherently social implies being susceptible to group influences.
    • -Society is composed of various subcultures: Some cultures may actually promote crime (e.g.
    • criminal subcultures).
    • -Symbolic interactionism maintains that the most important meaning is the one which a person holds for
    • himself/herself: The meaning a person holds for himself is his self-concept, self-image, identity, etc, and indicates how he perceives of himself (e.g.valuable person, sorry bum). Symbolic interactionism argues that each person’s self-concept and identity are primarily constructed through social interactions with other people.
    • - Labeling theory looks at the impact of the label “criminal” on that meaning: It proposes that the social application of the label criminal may ironically produce crime by causing labeled individuals to see themselves as criminals.

    It argues that conventional society plays a prominent role in the production of both crime and criminal subcultures: In terms of the latter, formal labeling may actually foster criminal subcultures by producing career criminals (those that identify with the label) and alienating labeled individuals from conventional society.
  24. status offenses
    • acts deemed criminal based on the age of the offender
    • - missing curfew
    • - girls promiscuity
    • - not going to school
  25. the central arguments in Reiman’s pyrrhic defeat theory.
    • Argues that the failures of the criminal and juvenile justice systems yield benefits to those in power. Specifically, the failure of the criminal justice system yields such benefits to those in position of power that it amounts to a success. In particular, the failing system functions in a way that maintains a particular image of crime: the image that it is a threat from the poor. To understand how the Pyrrhic defeat theory explains the
    • current shape of our failing criminal justice policy
    • 1.First, there is the failure to implement policies that stand a good chance of reducing crime and the harm it causes (enhancing children’s intellectual and social development, reducing poverty and unemployment, reducing the use of incarceration of nonviolent offenses)
    • 2. Second, there is the failure to identify as crime the harmful acts of the rich and powerful.
    • 3. Third, there is the failure to eliminate economic bias in the criminal justice system, so that the poor continue to have a substantially greater chance than better-off people of being arrested, charged, convicted, and penalized for committing the acts that are treated as crimes.
  26. Know what routine activities theory asserts is the cause of delinquency.
  27. be familiar with the key reports associated with symbolic interactionsim
    -Human beings act on the basis of meanings: This implies that humans construct their action, instead of merely releasing it.

    • -Meanings develop from social interaction: The meaning of objects arises out of the way they are defined
    • by others. Objects can be physical (e.g. building, rock), social (e.g. role of teacher, wife), or abstract (e.g. norms, ideas, and beliefs– for example loyalty, patriotism, and future). Thus, social interaction is a formative process, and not just a setting for the release of human conduct due to simple deterministic factors. The social process in group life creates and upholds the rules, and it is not the rules that create and uphold
    • social/group life (i.e., the rules, norms, laws are developed because of, and in, social interaction.

    • - The use of meanings by an actor occurs through a process of indication and interpretation: The individual confronts a world that he must interpret in order to act, instead of existing in an environment to which he
    • merely responds
    • - language, mind, significant symbols
  28. Know what distinguishes Burgress and Akers’ differential reinforcement theory from Sutherland’s differential association theory
  29. the Techniques of Neutralization.
    • 1. denial of responsibility "its not my fault" blame other ppl/ situation was out of my control
    • 2. denial of injury " its not hurting anybody"
    • 3. denial of the victim "they deserve it"
    • 4. condemnation of the condemners "the police are corrupt/ evil"
    • 5. appeal to higher loyalties "I normally believe in the law but my loyalties lies with friends and or God"
  30. For Gottfredson and Hirschi’s self-control theory, know what self-control is, what it explains, what produces it, and when it develops.
    • -Asserts that self control is the primary mechanism blocking anti-social behavior
    • -Its an interpersonal trait
    • -Strongest correlation to crime
    • Six components of low self contro
    • l-Impulsive- presents orientation/ here and now mentality
    • -Stick to simple tasks/ over complex tasks or tasks that take a lot of planning aren’t favorable
    • -Self control-Risk-seeking/ active, adventurous, dangerous
    • -Physical/ prefer physical activities over mental activities
    • -low tolerance for frustration
  31. Know the theoretical model (e.g. what causes what) described in Sampson and Laub’s age-graded theory of informal self-control.
    • Proposes three thematic ideas regarding age-graded social control
    • 1.effect of structural + bonding variables on juvenile delinquency people become criminal because of the lack of social bonds with-parents -school-peers / direct relationship between adolescent and adult criminality delinquency as a kid = criminal as an adult
    • 2.the conseqiuences of delinquency and anti social behavior for adult outcomes
    • 3.the explanation of adult crime and deviance in relation to adult informal social control and social capital- if you manage to obtain adult social bonds youll be less likely to commit crime ie marriage, job
  32. Know what Hirschi’s social bond theory views as the cause of delinquency, and also what is claims prevents delinquency.
    • -More time spent doing conventional activities will prevent you from engaging in delinquent activity
    • -4 keys to social bonds
    • Attachment (to families)
    • Commitment (to social norms + institutions)
    • Involvement (in activities) (least important)
    • Belief
  33. Trait theory’s reports.
  34. Know the key propositions of Sutherland’s differential association theory.
  35. Know the different subcultures described in Cloward and Ohlin’s theory of differential opportunity.
  36. ideology
    the use of reports about the world that justify commands to do something of a public nature which serves to interested rooted in particular circumstances

    - use of normative rational dis-course that uses evidence and reason to try to persuade somebody of something
  37. reports
    • non normative statements or explanations about the world
    • ie crime rate, police reports
  38. Know what distinguishes Burgress and Akers’ differential reinforcement theory from Sutherland’s differential association theory
    • - combined differential association with the principle of operant conditioning "learning to get what you want"
    • - included non social situations " the environment in which one lives in can condition or reinforce delinquency
    • - Akers (1985) children see children do

    • 1. differential association "learn from social interaction"
    • 2. definitions "world views of laws" / is it right to break the law?
    • 3. differential reinforcement - keeps you delinquent because your not getting caught
    • 4. imitation modeling "watching someone and doing what you see them doing"
  39. Know the different subcultures described in Cloward and Ohlin’s theory of differential opportunity.
  40. Know what routine activities theory asserts is the cause of delinquency
    • it states that for a crime to occur, three elements must be present, i.e.
    • there must be an available and suitable target
    • a motivated offender
    • and no authority figure to prevent the crime from happening.
  41. key propositions of Sutherland’s differential association theory.
    • proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior.
    • the principles of Sutherland's Theory of Differential Association can be summarized into nine key points:

    • 1. Criminal behavior is learned.
    • 2. Criminal behavior is learned in interaction with other persons in a process of communication.
    • 3. The principal part of the learning of criminal behavior occurs within intimate personal groups.
    • 4. When criminal behavior is learned, the learning includes techniques of committing the crime, which are sometimes very complicated, sometimes simple and the specific direction of motives, drives, rationalizations, and attitudes.
    • 5. The specific direction of motives and drives is learned from definitions of the legal codes as favorable or unfavorable.
    • 6. A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of the law.
    • 7. Differential associations may vary in frequency, duration, priority, and intensity.
    • 8. The process of learning criminal behavior by association with criminal and anti-criminal patterns involves all of the mechanisms that are involved in any other learning.
    • 9. While criminal behavior is an expression of general needs and values, it is not explained by those needs and values, since non-criminal behavior is an expression of the same needs and values.
  42. In terms of Merton’s strain theory, you need to know how law controls people, and how people can adapt when law loses its binding force.
    the strain theory states that social structures within society may encourage citizens to commit crime. (developed from anomie theory)

    • Strain may be either:Structural:
    • this refers to the processes at the societal level which filter down and affect how the individual perceives his or her needs, i.e. if particular social structures are inherently inadequate or there is inadequate regulation, this may change the individual's perceptions as to means and opportunities; or

    Individual: this refers to the frictions and pains experienced by an individual as he or she looks for ways to satisfy his or her needs, i.e. if the goals of a society become significant to an individual, actually achieving them may become more important than the means adopted.
  43. For Agnew’s general strain theory, know what it considers to be straining, and the route though which
    this leads to delinquency.
    major types of strain

    • 1. the failure to achieve positively valued goals, (failure to achieve positively valued goals/ the American dream/ attainment of large sum of money) (when the actual achievements of an individual are less than that which the individual had expected)
    • 2. the loss of positive stimuli, (death or a broken relationship with a friend or romantic partner)
    • 3. the presentation of negative stimuli. (child abuse, neglect, adverse relations with parents and teachers, negative school experiences, adverse relations with peers, neighborhood problems, and homelessness)

    In essence, general strain theory proposed that an increase in strain would lead to an increase in anger, which may then lead to an increase in crime

    Strain from the outside environment can cause many negative feelings in an individual including defeat, despair, and fear, but the feeling that is most applicable to crime is anger. Agnew asserted that individuals become angry when they blame their negative circumstances and relationships on others. Anger was found to incite a person to action, lower inhibitions, and create a desire for revenge
  44. anomie theory
    Anomie refers to the confusion that arises when social norms conflict or don't even exist.

    Robert Merton used the term to describe the differences between socially accepted goals and the availability of means to achieve those goals.

    Merton stressed, for instance, that attaining wealth is a major goal of Americans, but not all Americans possess the means to do this, especially members of minority and disadvantaged groups.

    Those who find the “road to riches” closed to them experience anomie, because an obstacle has thwarted their pursuit of a socially approved goal.

    When this happens, these individuals may employ deviant behaviors to attain their goals, retaliate against society, or merely “make a point.
  45. Know and understand the key factors associated with the shift to “get tough” juvenile justice
    • 1. juvenile crime wave
    • 2. wide spread publications stating that the reform schools/houses weren't helping with recidivism
    • 3. change in how we view those who violate the law and what is defined as criminal

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