JUVENILE DELINQUENCY

GUIDELINES

Building on the Past to

Design Future Courts of Excellence

JUVENILE JUSTICE PHILOSOPHY:

THE BUILDING BLOCKS

Every Segment of Our System is built on BELIEFS

Beliefs relate to Values, both Personal and Professional

VALUES

We all have them: Individuals Work Groups Our Agency Our State Our Juvenile Justice

System

VALUES ARE “DERIVATIVE”WHERE DO THEY COME

FROM?Personal Values Family Peers Education (Secular and Religious)

Professional Values Colleagues Leaders Professional Education Public Comment

Methods of Acquisition:

a) Observation

b) Experience

THE GREAT ROLE MODEL

REFLECTION

1. Who was/is your role model?

2. Who most profoundly influence your professional values?

3. Why?

COLLECTIVELY, VALUES BECOME

PHILOSOPHY What are the Components that Constitute

Your Philosophy? Most are a Compilation of fact, opinion and belief, or conviction.

What is your philosophy of juvenile justice?

What is your agency’s philosophy? What about Law Enforcement? Education? Mental Health? Your Community? The Media? Are They Compatible?

WHO’S GOT IT RIGHT?Exercise

Write Down 2 Key Elements of your Philosophy.Write 2 Key Elements of Your Agency’s Philosophy.Find 2 or more Similarities.Find 2 or more differencesDirections:Discuss in your small group; select a reporter; report your findings to the large group. Findings should include: How to deal successfully with differences.

Trainer will look for trends, summarize and interpret responses.

JUVENILE JUSTICE SYSTEM PHILOSOPHYDo we have one?What is it?Where did it come from?How is it changing?Where are we headed?

OUR BACKGROUND AS A SEPARATE TRIBUNAL

1899-CHICAGO, IL HAPPY 107TH BIRTHDAY, JUVENILE COURT! Birthplace of…….. PARENS PATRIAE Child-Centered Approach Assumption of Parental Incompetence The “Clean and Wholesome Environment” Approach Closely Approximating Parental Care Little Emphasis on Reunification

THE IDEA CAUGHT ON!

25 years later, only 2 states did NOT have separate tribunals based on doctrine of PARENS PATRIAE.

THE LEGAL RIGHTS ERA

Search for Consistency &Fairness:

Emulation of Adult Criminal

System Right to Written Notice of

Charges Right to Representation at All

Hearings Right against Self-Incrimination Right to Summon Witnesses Speedy Trial

THE ’60’S AND 70’S

1966 Kent v. U.S.: Waiver, Transfer-only with Representation

1967 In Re: Gault: Due Process Rights for Juvenile Offenders

1970 In Re: Winship: Raised burden of proof from Preponderance to

“Beyond Reasonable Doubt”

“WINTER OF OUR DISCONTENT”

The Search for “Justice” in Juvenile Justice

__________________________________

’80’s and ’90’s

Eras of Children and Children’s Rights First Faded

“Accountability”, “Punishment” became Watch-words

“Three Strikes” Victims’ Rights, Reparation Restoring the Community Decisions based on Perceived Risk of Re-

offending

COMMUNITY PROTECTION

Is Lock-up the Answer?

Why ?

Why Not ?

AMELIORATING TRENDS

“Comprehensive Strategy” OJJDP IAP: Individual Assessment Plan:

OJJDP JDAI: Casey Foundation Graduated Sanctions: OJJDP Youth Courts NAB’s

WHERE ARE WE HEADED?

What “trends” will have lasting impact? What can you do to shape juvenile justice for

the next century?

TODAY’S WISDOM

Strength-based Approach Power of One Wraparound Assessment

& Services “Fast-track

Accountability” Outcome Evaluation Blended Funding Streams Resource Reallocation

JDG: “WAVE” OF THE FUTURE

GUIDELINES LEADING TO BEST PRACTICE

5 Years in the making Publication Committee: 50+ Trial and Appellate

Judges, PO’s, national consultants in Juvenile Justice, and Other Systems Professionals

Available in hard copy, CD or online. Aspirational Require multi-year Implementation Process

JDG KEY PRINCIPLES

EXERCISE

1. Circle those Principles most relevant to you as a professional.

2. Be prepared to discuss what would be required to implement them at home.

16 KEY PRINCIPLES

1. Judicial Leadership: Encourage System Collaboration

2. JJ System Requires Adequate Staff, Facilities, Program Resources

3. 1 Family/ 1 Judge

4. Judicial Status & Length of Assignment

16 KEY PRINCIPLES

5. Court and Staff treat all with courtesy, respect, cultural understanding.

6. Court should ensure expansion of diversion policy & practice.

7. Youth formally charged MUST have qualified counsel.

16 KEY PRINCIPLES

8. Victims’ Services and Access @ All Stages

9. Timely, Just Decisions, without Continuances

10. Engage Family @ All Stages, Including Plan Development

11. Engage School & other Community Support Systems as Stakeholders in EVERY case!

16 KEY PRINCIPLES

12. Individualized Dispositions, using Graduated “Responses” (Sanctions and Incentives)

13. Post-Disposition Review Continuing to Case Closure.

14. Judges hold their Own System, and Stakeholder Systems Accountable

15. Court MIS to Evaluate Performance

16. Court Responsible for Training (both for Individuals & Groups Across Systems)

ADDITIONAL RECOMMENDATIONS

Delinquency Status be Limited to Youth Committing Crimes (may include Chronic Status Offenders)

Minority to Age 18 Juvenile Court to have Original Jurisdiction Waiver of Right to Counsel Accepted Rarely Use Lowest Level of Intervention Commensurate

with Community Safety Conduct Detention Hearings on Saturdays, to minimize unnecessary time in Lock-up

ADDITIONAL RECOMMENDATIONS

Utilize Dispute Resolution Alternatives (mediation, victim-offender conferencing, family conflict resolution, NABs, Negotiation.

Utilize Assessments for Decision Making at Administrative and Judicial Levels

Share Information with Related Agencies

(unless prohibited by statute)

EXERCISE

You have already circled Principles most relevant to you.

Discuss in Small Group Reach Agreement about the Top Four Prioritize Select Reporter to Large Group

NEXT STEPS

Discuss Reference Materials at Home

Determine Whether or Not Your Court can Pursue Some or All Guidelines

We are Ready to Help.