Chapter 15: Juvenile Chapter 15: Juvenile CorrectionsCorrections

Deciding the DispositionDeciding the Disposition A brief history of juvenile correctionsA brief history of juvenile corrections DecisionDecision

Alternatives to InstitutionalizationAlternatives to Institutionalization ProbationProbation Home Confinement and Electronic MonitoringHome Confinement and Electronic Monitoring Fines and RestitutionFines and Restitution Boot CampsBoot Camps ParoleParole

Confinement of Juvenile OffendersConfinement of Juvenile Offenders The Institutionalization of JuvenilesThe Institutionalization of Juveniles Living in CustodyLiving in Custody Conditions of ConfinementConditions of Confinement

Institutions for GirlsInstitutions for Girls Social OrganizationSocial Organization Inmate RolesInmate Roles

Juveniles in Adult PrisonsJuveniles in Adult Prisons

The Death Penalty and JuvenilesThe Death Penalty and Juveniles Characteristics of Juveniles on Death RowCharacteristics of Juveniles on Death Row Should Juvenile Offenders Be Executed?Should Juvenile Offenders Be Executed?

1) Deciding the Disposition1) Deciding the Disposition

a. Special attention to the reform of juvenile offenders predates the creation of the a. Special attention to the reform of juvenile offenders predates the creation of the juvenile court by half a century juvenile court by half a century

i. The first group home (house of refuge) for juveniles opened in 1825 in New Yorki. The first group home (house of refuge) for juveniles opened in 1825 in New York

ii. In 1846, Massachusetts opened the Lyman School for Boys which was the first state-run ii. In 1846, Massachusetts opened the Lyman School for Boys which was the first state-run reform schoolreform school

iii. By 1876, there were more than 50 reform schools or houses of refuge around the countryiii. By 1876, there were more than 50 reform schools or houses of refuge around the country

iv. In 1896, nearly every state had a reform school, and many states had created special iv. In 1896, nearly every state had a reform school, and many states had created special reform schools for girlsreform schools for girls

v. In 1899, the first juvenile court opened in Cook County, Illinois and it quickly adopted the v. In 1899, the first juvenile court opened in Cook County, Illinois and it quickly adopted the increasingly popular idea of probation as an alternative to incarcerationincreasingly popular idea of probation as an alternative to incarceration

b. Dispositions (in the early years of the juvenile court system) were typically based b. Dispositions (in the early years of the juvenile court system) were typically based on the idea of rehabilitation and the desire to do what was in the best interests of the on the idea of rehabilitation and the desire to do what was in the best interests of the childchild

i. The focus on treatment seemed to work well, since most children brought to the juvenile i. The focus on treatment seemed to work well, since most children brought to the juvenile court at this time were minor offenderscourt at this time were minor offenders

ii. From the mid-1960's to the end of the 20th century, juvenile delinquency increasingly ii. From the mid-1960's to the end of the 20th century, juvenile delinquency increasingly involved violent criminalityinvolved violent criminality

iii. The notion of rehabilitation was questioned, and many states began to enact iii. The notion of rehabilitation was questioned, and many states began to enact measures designed to 'deter' juvenile delinquency (the shift from a child welfare measures designed to 'deter' juvenile delinquency (the shift from a child welfare approach toward a crime control orientation)approach toward a crime control orientation)

2) Alternatives to Institutionalization2) Alternatives to Institutionalization

a. a. ProbationProbation, or the conditional freedom granted by the court to an alleged or , or the conditional freedom granted by the court to an alleged or adjudicated offender, who must adhere to certain conditions and is generally adjudicated offender, who must adhere to certain conditions and is generally supervised by a probation officer, is often the preferred disposition for first time supervised by a probation officer, is often the preferred disposition for first time offendersoffenders

i. Probation is based on the idea belief that rehabilitating the juvenile offender in the i. Probation is based on the idea belief that rehabilitating the juvenile offender in the community can be more effective than rehabilitating the youth in an institutioncommunity can be more effective than rehabilitating the youth in an institution

ii. 58% of all adjudicated delinquents receive probationii. 58% of all adjudicated delinquents receive probation

b. The basic set of juvenile probation functions include: intake screenings, b. The basic set of juvenile probation functions include: intake screenings, predispositions or pre-sentence investigations of juveniles, and court-ordered predispositions or pre-sentence investigations of juveniles, and court-ordered supervision of juvenile offenderssupervision of juvenile offenders

i. Probation orders imposed by courts dictate that a youth must: obey all laws, i. Probation orders imposed by courts dictate that a youth must: obey all laws, periodically visit a probation officer, remain within the community, follow a set curfew, periodically visit a probation officer, remain within the community, follow a set curfew, submit to random urine screenings, etc.submit to random urine screenings, etc.

ii. It is generally agreed that probationary conditions for juveniles are subject to certain ii. It is generally agreed that probationary conditions for juveniles are subject to certain limitations, especially if they run contrary to the interests of the communitylimitations, especially if they run contrary to the interests of the community

c. c. Restorative justiceRestorative justice is a rehabilitative strategy aimed at restoring or is a rehabilitative strategy aimed at restoring or repairing relationships disrupted by crime, holding offenders accountable by repairing relationships disrupted by crime, holding offenders accountable by requiring restitution to victims or the community harmed by the crime, requiring restitution to victims or the community harmed by the crime, promoting offender competency and responsibility, and balancing the needs of promoting offender competency and responsibility, and balancing the needs of the community, victim, and offender through involvement in the restorative the community, victim, and offender through involvement in the restorative processprocess

i. This idea has been heavily influenced by feminist critiques of patriarchal justice and i. This idea has been heavily influenced by feminist critiques of patriarchal justice and hierarchical decision makinghierarchical decision making

ii. Some would argue that it is a fine balance between liberals' emphasis on the ii. Some would argue that it is a fine balance between liberals' emphasis on the humanistic potentials of victim empowerment, and conservatives' desire to seek greater humanistic potentials of victim empowerment, and conservatives' desire to seek greater justice for victimsjustice for victims

iii. Critics argue that restorative justice programs are flawed since they don't provide iii. Critics argue that restorative justice programs are flawed since they don't provide due process protections, disproportionately affect minorities, and are not very realistic due process protections, disproportionately affect minorities, and are not very realistic since probation officers ability to monitor the reintegration process is limited at bestsince probation officers ability to monitor the reintegration process is limited at best

d. d. Home confinementHome confinement (house arrest), or the intensive supervision and (house arrest), or the intensive supervision and monitoring of an offending youth within his or her home environment, is another monitoring of an offending youth within his or her home environment, is another alternative to institutionalizationalternative to institutionalization

i. Juveniles are typically confined to their homes unless it is essential that they are i. Juveniles are typically confined to their homes unless it is essential that they are somewhere else (i.e. school, work)somewhere else (i.e. school, work)

ii. Advocates of home confinement cite that these programs cost less than one-fourth of ii. Advocates of home confinement cite that these programs cost less than one-fourth of confining youths in jail or detention centersconfining youths in jail or detention centers

iii. Often, home confinement goes hand in hand with iii. Often, home confinement goes hand in hand with electronic monitoringelectronic monitoring, or an active , or an active or passive computer-based tracking system in which electronic signals are used to verify or passive computer-based tracking system in which electronic signals are used to verify that the youth is where he or she is supposed to bethat the youth is where he or she is supposed to be

iv. Active systems are used when the juvenile must be monitored at all times, while in iv. Active systems are used when the juvenile must be monitored at all times, while in passive systems the youth sends electronic signals via phone in response to computer passive systems the youth sends electronic signals via phone in response to computer activated calls (the juvenile may respond either by inserting a special plug worn on the activated calls (the juvenile may respond either by inserting a special plug worn on the wrist into the transmitter or by speaking on the phone)wrist into the transmitter or by speaking on the phone)

e. Critics of home confinement and electronic monitoring raise several questions e. Critics of home confinement and electronic monitoring raise several questions about these programs:about these programs:

i. Will juveniles who would not otherwise be placed on supervision be affected by these i. Will juveniles who would not otherwise be placed on supervision be affected by these programs?programs?

ii. Turning a juvenile's home into a prison runs contrary to the belief that "a person's home ii. Turning a juvenile's home into a prison runs contrary to the belief that "a person's home is his or her castle“is his or her castle“

iii. How do these programs affect traditional parenting roles? (is turning parents into iii. How do these programs affect traditional parenting roles? (is turning parents into wardens a wise idea?)wardens a wise idea?)

iv. Sparks fears about "big brother" and Ashcroftesque violations of privacyiv. Sparks fears about "big brother" and Ashcroftesque violations of privacy

f. f. RestitutionRestitution, or a court-ordered action in which an offender pays money or , or a court-ordered action in which an offender pays money or provides services to victims of the offense or the community, is based on 3 main provides services to victims of the offense or the community, is based on 3 main principles that courts generally rely on to determine if such as disposition is principles that courts generally rely on to determine if such as disposition is appropriate:appropriate:

i. A judge decides the amount of restitution on the basis of arguments presented by both i. A judge decides the amount of restitution on the basis of arguments presented by both the offender and the victim during the sentencing hearingthe offender and the victim during the sentencing hearing

ii. An insurance claim is used to determine the amount to be paid by the offenderii. An insurance claim is used to determine the amount to be paid by the offender

iii. The victim and offender are brought together and work out a restitution agreement iii. The victim and offender are brought together and work out a restitution agreement that is satisfactory to both parties (a that is satisfactory to both parties (a finefine, or a cash payment determined by the court , or a cash payment determined by the court and paid by the youth or his/her parents, is then arranged)and paid by the youth or his/her parents, is then arranged)

g. g. Boot CampsBoot Camps, or short-term confinement facilities where youths are exposed , or short-term confinement facilities where youths are exposed to a militaristic environment in which the emphasis is on physical fitness, work to a militaristic environment in which the emphasis is on physical fitness, work and education, have become increasingly popular in recent years (Jenny Jones, and education, have become increasingly popular in recent years (Jenny Jones, anyone?)anyone?)

i. By 1996, 48 juvenile boot camps were in operation in over 28 statesi. By 1996, 48 juvenile boot camps were in operation in over 28 states

ii. It is important to note that these programs are designed for mid-range offenders or ii. It is important to note that these programs are designed for mid-range offenders or those who are not yet defined as 'hard-core criminals' (youth who need a more severe those who are not yet defined as 'hard-core criminals' (youth who need a more severe disposition than probation or restitution)disposition than probation or restitution)

iii. Juvenile boot camps are generally much less costly than traditional state-run iii. Juvenile boot camps are generally much less costly than traditional state-run correctional institutions, and are typically centered around a 3-4 month intense programcorrectional institutions, and are typically centered around a 3-4 month intense program

iv. Advocates of these camps contend that the structure of boot camp programs is iv. Advocates of these camps contend that the structure of boot camp programs is conducive to positive growth, discipline and life changes for the offendersconducive to positive growth, discipline and life changes for the offenders

v. Critics argue that the confrontational environment of boot camps ('in your face drill v. Critics argue that the confrontational environment of boot camps ('in your face drill instructors') undermines any opportunity of effective therapy or educational instructors') undermines any opportunity of effective therapy or educational achievement and that the group orientation of such camps ignores the needs of the achievement and that the group orientation of such camps ignores the needs of the individual offenderindividual offender

vi. Even more importantly, recent studies have found that there are no significant vi. Even more importantly, recent studies have found that there are no significant differences in recidivism rates between juvenile correctional facilities and boot camp differences in recidivism rates between juvenile correctional facilities and boot camp institutions institutions

vii. Also, while youth in traditional facilities frequently reported feelings of being danger vii. Also, while youth in traditional facilities frequently reported feelings of being danger from other youths, youth in boot camps frequently reported feelings of being in danger from other youths, youth in boot camps frequently reported feelings of being in danger from staff (the element of fear is present in both)from staff (the element of fear is present in both)

h. h. ParoleParole, or the release of and offender from a correctional institution before the , or the release of and offender from a correctional institution before the scheduled period of confinement has ended which typically involves supervision by scheduled period of confinement has ended which typically involves supervision by a parole officer, has its origins in the early house-of-refuge institutionsa parole officer, has its origins in the early house-of-refuge institutions

i. The decision of whether or not to grant a juvenile parole is generally made at the i. The decision of whether or not to grant a juvenile parole is generally made at the discretion of state officials, or parole boardsdiscretion of state officials, or parole boards

ii. When coupled with the traditional provision for indeterminate sentencing, allowing such ii. When coupled with the traditional provision for indeterminate sentencing, allowing such discretion gives institutional officials great power over a juvenile's life for a long period of discretion gives institutional officials great power over a juvenile's life for a long period of timetime

iii. Parole (aftercare), is similar to probation because it is also conditional, in that the youth iii. Parole (aftercare), is similar to probation because it is also conditional, in that the youth must obey all laws, observe curfews, attend school, maintain employment, etc.must obey all laws, observe curfews, attend school, maintain employment, etc.

iv. Failure to adhere to the conditions outlined in a juvenile's parole plan will result in iv. Failure to adhere to the conditions outlined in a juvenile's parole plan will result in parole revocationparole revocation

v. If revoked, the juvenile will be returned to a correctional facility deemed appropriatev. If revoked, the juvenile will be returned to a correctional facility deemed appropriate

3) Confinement of Juvenile Offenders3) Confinement of Juvenile Offenders

a. There are a range of complaints surrounding juvenile corrections:a. There are a range of complaints surrounding juvenile corrections:

i. They should reform offenders, but they fail to do soi. They should reform offenders, but they fail to do so

ii. They should punish lawbreakers, but they fail to do soii. They should punish lawbreakers, but they fail to do so

iii. They should be secure and orderly, but there are many escapes and disturbancesiii. They should be secure and orderly, but there are many escapes and disturbances

iv. The should operate with minimal cost to the taxpayer, but they are expensiveiv. The should operate with minimal cost to the taxpayer, but they are expensive

b. The Institutionalization of Juvenilesb. The Institutionalization of Juveniles

i. In 1997, the number of juveniles incarcerated in the United States on any given day i. In 1997, the number of juveniles incarcerated in the United States on any given day was around 107,000 (93,000 in juvenile facilities)was around 107,000 (93,000 in juvenile facilities)

ii. 70% of juveniles who are incarcerated are held in public institutions, while 30% are ii. 70% of juveniles who are incarcerated are held in public institutions, while 30% are held in private institutionsheld in private institutions

iii. The average amount of time juveniles spent in public corrective institutions was iii. The average amount of time juveniles spent in public corrective institutions was about 192 days; 174 days was the average amount of time juveniles spent in private about 192 days; 174 days was the average amount of time juveniles spent in private institutions (also note that most youth in public facilities were there for 'serious' institutions (also note that most youth in public facilities were there for 'serious' offenses, while most youth in private institutions were there for status offenses)offenses, while most youth in private institutions were there for status offenses)

iv. As mentioned in previous chapters, there are disparities in confinement among iv. As mentioned in previous chapters, there are disparities in confinement among race/ethnicity, gender, etc.race/ethnicity, gender, etc.

c. Regardless of the causes of such disparities (see previous chapters) the Office c. Regardless of the causes of such disparities (see previous chapters) the Office of Juvenile Justice and Delinquency Prevention established the Disproportionate of Juvenile Justice and Delinquency Prevention established the Disproportionate Minority Confinement (DMC) Initiative in 1991 to assist states in Minority Confinement (DMC) Initiative in 1991 to assist states in monitoring/assessing the disparities in the juvenile system of correctionsmonitoring/assessing the disparities in the juvenile system of corrections

i. This led to the development of special programs aimed at minority youths designed to i. This led to the development of special programs aimed at minority youths designed to reduce this over-representation of such youths in the system (these programs included reduce this over-representation of such youths in the system (these programs included educational, social, vocation, and recreational outreach, tutoring, development of life educational, social, vocation, and recreational outreach, tutoring, development of life skills, job training, etc.)skills, job training, etc.)

ii. Since then, many targeted communities have seen a decrease of minority youth in ii. Since then, many targeted communities have seen a decrease of minority youth in secure correctional facilities (By 1995, minority juveniles confined in secure correctional secure correctional facilities (By 1995, minority juveniles confined in secure correctional facilities had declined from 73% to 66%)facilities had declined from 73% to 66%)

d. As a result of the d. As a result of the de-carceration de-carceration policies since the 1970's, large numbers of policies since the 1970's, large numbers of juveniles who were incarcerated for status offenses were shifted from juveniles who were incarcerated for status offenses were shifted from institutions to community-based programs such as shelter-care facilities or group institutions to community-based programs such as shelter-care facilities or group homeshomes

e. Institutions can be differentiated on the basis of their goals and orientations, e. Institutions can be differentiated on the basis of their goals and orientations, and the experience of living in custody can be very different for each offenderand the experience of living in custody can be very different for each offender

i. Treatment orientated facilities may officially promote rehabilitation, but security and i. Treatment orientated facilities may officially promote rehabilitation, but security and other concerns can hinder this goalother concerns can hinder this goal

ii. Similarly, custodial institutions may offer rehabilitative programs, even though this is ii. Similarly, custodial institutions may offer rehabilitative programs, even though this is not their explicit goal (obviously, it's difficult to find a middle ground)not their explicit goal (obviously, it's difficult to find a middle ground)

iii. Bernard Berk conducted a study that examined both juvenile detention centers and iii. Bernard Berk conducted a study that examined both juvenile detention centers and minimum security prisons and found that inmate attitudes toward the institution were minimum security prisons and found that inmate attitudes toward the institution were more positive in treatment-orientated facilities than in custody-orientated institutionsmore positive in treatment-orientated facilities than in custody-orientated institutions

f. In a comparative study carried out by Barry Feld of over 10 facilities in f. In a comparative study carried out by Barry Feld of over 10 facilities in Massachusetts, he found that there are four main types of institutional treatment Massachusetts, he found that there are four main types of institutional treatment settings in terms of correctional goals, programs, and social control techniques-(the settings in terms of correctional goals, programs, and social control techniques-(the two main ones are:)two main ones are:)

i. Oppressive custody orientated settings – staff roles authoritarian and hierarchical, and a high i. Oppressive custody orientated settings – staff roles authoritarian and hierarchical, and a high degree of institutional deprivation gave inmates many incentives to engage in covert deviancydegree of institutional deprivation gave inmates many incentives to engage in covert deviancy

ii. Treatment orientated facilities – There was substantially less hostility and aggression among ii. Treatment orientated facilities – There was substantially less hostility and aggression among inmates, and there were diminished incentives for violent solutions to conflictinmates, and there were diminished incentives for violent solutions to conflict

g. Clemens Bartollas gave an account of some of the most brutalizing conditions in one g. Clemens Bartollas gave an account of some of the most brutalizing conditions in one of the more custody-orientated institutions in Ohio, (though it can easily apply to many of the more custody-orientated institutions in Ohio, (though it can easily apply to many such institutions throughout the country), and provided a great degree of insight into such institutions throughout the country), and provided a great degree of insight into how inmate leaders place new arrivals onto an informal 'scale of exploitation‘how inmate leaders place new arrivals onto an informal 'scale of exploitation‘

i. At first, the inmate leaders determine whether the new boys will defend themselves when i. At first, the inmate leaders determine whether the new boys will defend themselves when attacked and whether or not they have a history of sexual exploitationattacked and whether or not they have a history of sexual exploitation

ii. The less a juvenile is able to defend themselves, the further down the exploitation scale they ii. The less a juvenile is able to defend themselves, the further down the exploitation scale they are pushedare pushed

h. To an inmate, being the "girl" in fellatio is perhaps the most degrading of all h. To an inmate, being the "girl" in fellatio is perhaps the most degrading of all victimization experiences, and it is made even more degrading after the news of this victimization experiences, and it is made even more degrading after the news of this act is publicized through an informal grapevine throughout the facilityact is publicized through an informal grapevine throughout the facility

i. The victim of such an experience is then viewed as a social outcast and is avoided by i. The victim of such an experience is then viewed as a social outcast and is avoided by self-respecting inmates, except when they victimize himself-respecting inmates, except when they victimize him

ii. Many boys in this situation gradually accept their low standing and internalize their ii. Many boys in this situation gradually accept their low standing and internalize their feelings of shame or guilt, and some may even mutilate themselves in despairfeelings of shame or guilt, and some may even mutilate themselves in despair

I. Conditions of confinement in juvenile facilities were studied extensively by I. Conditions of confinement in juvenile facilities were studied extensively by Dale Parent and his colleagues in the early 1990's. They found that there were Dale Parent and his colleagues in the early 1990's. They found that there were serious deficiencies in:serious deficiencies in:

i. Living space – Due to crowding, most juvenile facilities have inadequate living spaces i. Living space – Due to crowding, most juvenile facilities have inadequate living spaces for the incarcerated youth (in 1991, 47% of confined juveniles were in institutions whose for the incarcerated youth (in 1991, 47% of confined juveniles were in institutions whose populations exceeded their design capacities)populations exceeded their design capacities)

ii. Security- According to the Parent study, slightly over 800 juveniles escaped from ii. Security- According to the Parent study, slightly over 800 juveniles escaped from confinement and slightly more than 800 attempted to escapeconfinement and slightly more than 800 attempted to escape

iii. Controlling suicidal behavior – In 1993, juvenile corrections officials reported 14 iii. Controlling suicidal behavior – In 1993, juvenile corrections officials reported 14 completed suicides by youths held in secure detention centers, reception/diagnostic completed suicides by youths held in secure detention centers, reception/diagnostic centers, and training schools (both males and females who are housed in isolation are centers, and training schools (both males and females who are housed in isolation are more likely to engage in suicidal acts than youths housed in the general population)more likely to engage in suicidal acts than youths housed in the general population)

iv. Health Care – Parent and associates reported that although confined juveniles were iv. Health Care – Parent and associates reported that although confined juveniles were provided with satisfactory basic health care, health screenings at admission and provided with satisfactory basic health care, health screenings at admission and subsequent health appraisals were often not completed in a timely fashionsubsequent health appraisals were often not completed in a timely fashion

v. HIV and AIDS – Though Parent and colleagues did not address this issue, the Regoli/Hewitt v. HIV and AIDS – Though Parent and colleagues did not address this issue, the Regoli/Hewitt reports that no juvenile correctional facility reported mandatory screening of incoming reports that no juvenile correctional facility reported mandatory screening of incoming juveniles and that not many institutions segregate HIV infected youths or youth diagnosed juveniles and that not many institutions segregate HIV infected youths or youth diagnosed with AIDS (1994 study by National Institute of Justice and the CDC found that out of the 41 with AIDS (1994 study by National Institute of Justice and the CDC found that out of the 41 state systems, 32 city or county detention centers, and 27 state training schools who state systems, 32 city or county detention centers, and 27 state training schools who responded to a survey, it was confirmed that a total of 60 confined youths were reported to responded to a survey, it was confirmed that a total of 60 confined youths were reported to have AIDS-10 girls, 50 boys)have AIDS-10 girls, 50 boys)

4) Institutions for Girls4) Institutions for Girls

a. The first institution in the United States built exclusively for girls was constructed a. The first institution in the United States built exclusively for girls was constructed in Lancaster, Massachusetts in 1856 and was known as the State Industrial School in Lancaster, Massachusetts in 1856 and was known as the State Industrial School for Girls (it closed after 1973 after the de-institutionalized reform movement picked for Girls (it closed after 1973 after the de-institutionalized reform movement picked up steam)up steam)

i. The Lancaster facility emphasized the domestic roles of woman, and attempted to socialize i. The Lancaster facility emphasized the domestic roles of woman, and attempted to socialize the inmates into said rolesthe inmates into said roles

b. Females are significantly less likely than males to be held in either public or b. Females are significantly less likely than males to be held in either public or private facilities for delinquencies, but more likely to be in custody for status offense private facilities for delinquencies, but more likely to be in custody for status offense of other non-delinquency reasonsof other non-delinquency reasons

i. A study by John MacDonald and Meda Chesney-Lind examined the processing of nearly i. A study by John MacDonald and Meda Chesney-Lind examined the processing of nearly 26,000 juvenile cases in Hawaii over a 4 year period and found that girls were nearly four 26,000 juvenile cases in Hawaii over a 4 year period and found that girls were nearly four times more likely than boys to be given a restrictive sanction for less serious offensestimes more likely than boys to be given a restrictive sanction for less serious offenses

c. Social organization in correctional institutions is a result of the unique c. Social organization in correctional institutions is a result of the unique circumstances experienced by juvenile inmatescircumstances experienced by juvenile inmates

i. While boys engage in aggressive, coercive behaviors to establish hierarchies and establish i. While boys engage in aggressive, coercive behaviors to establish hierarchies and establish social roles, girls are more likely to respond by developing family structures parallel to those social roles, girls are more likely to respond by developing family structures parallel to those outside of the institutionoutside of the institution

d. d. Pseudo familiesPseudo families are relationships established in correctional institutions for girls are relationships established in correctional institutions for girls and are intended to substitute for those found on the outside (they are typically and are intended to substitute for those found on the outside (they are typically based on courtship)based on courtship)

i. Courtship reflects traditional boy-girl relationships, but these relationships in prison can be i. Courtship reflects traditional boy-girl relationships, but these relationships in prison can be considered heterosexual rather than homosexual (adaptation)considered heterosexual rather than homosexual (adaptation)

ii. Coercive homosexual relationships often found in male institutions are rare in female ii. Coercive homosexual relationships often found in male institutions are rare in female facilitiesfacilities

iii. Sex roles in such institutions typically revolve around butches and femmes (self-iii. Sex roles in such institutions typically revolve around butches and femmes (self-explanatory)explanatory)

iv. According to Coramae Mann, pseudo families fill at least 3 functions in female institutions: iv. According to Coramae Mann, pseudo families fill at least 3 functions in female institutions: a measure of affection, a form of protection, and social control which can benefit the a measure of affection, a form of protection, and social control which can benefit the institution's securityinstitution's security

e. Institutionalized girls take on other roles, and Rose Giallombardo identified several:e. Institutionalized girls take on other roles, and Rose Giallombardo identified several:

i. Finks, rats, or snitches – informants for the staff, in order to gain favor (they often face i. Finks, rats, or snitches – informants for the staff, in order to gain favor (they often face retaliation from other inmates)retaliation from other inmates)

ii. Junior staff or cop- such inmates identify with the staff, and are often shunned by other ii. Junior staff or cop- such inmates identify with the staff, and are often shunned by other inmatesinmates

iii. Squares and straights – girls who identify with non-criminal values, and are often viewed as iii. Squares and straights – girls who identify with non-criminal values, and are often viewed as being too accommodating to the staffbeing too accommodating to the staff

iv. Sissies – girls who establish relationships with other inmates that go beyond pseudo familiesiv. Sissies – girls who establish relationships with other inmates that go beyond pseudo families

5) Juveniles in Adult Prisons5) Juveniles in Adult Prisons

a. Approximately 100,500 persons under the age of 18 were in custody in juvenile or a. Approximately 100,500 persons under the age of 18 were in custody in juvenile or adult correctional facilities in 1997, and the number of juveniles in state prisons (read-adult correctional facilities in 1997, and the number of juveniles in state prisons (read-adult prisons) was about 5,400 at years end, with about 7,400 youth being committed adult prisons) was about 5,400 at years end, with about 7,400 youth being committed to adult prisons at some point during the year (twice the number of 1985 stats)to adult prisons at some point during the year (twice the number of 1985 stats)

i. 92% of juvenile inmates in adult prison were male, and there was an over-representation of i. 92% of juvenile inmates in adult prison were male, and there was an over-representation of minority juveniles in adult prisons in 1997 (60% black, 19% white, 13% Latino)minority juveniles in adult prisons in 1997 (60% black, 19% white, 13% Latino)

ii. One of the most serious problems faced when incarcerating juvenile offenders in adult prisons ii. One of the most serious problems faced when incarcerating juvenile offenders in adult prisons is how to integrate them into the adult populationis how to integrate them into the adult population

iii. Most states allow underage inmates to be housed in state correctional facilities with other iii. Most states allow underage inmates to be housed in state correctional facilities with other adult offenders as part of the general populationadult offenders as part of the general population

iv. Six states require that all inmates under age 18 be housed separately from adults (Arizona, iv. Six states require that all inmates under age 18 be housed separately from adults (Arizona, Hawaii, Kentucky, Montana, Tennessee, and West Virginia)Hawaii, Kentucky, Montana, Tennessee, and West Virginia)

v. Graduated incarceration is utilized in 12 states, (juvenile offenders begin their sentence in a v. Graduated incarceration is utilized in 12 states, (juvenile offenders begin their sentence in a juvenile facility and are transferred to an adult facility after their 18th birthday)juvenile facility and are transferred to an adult facility after their 18th birthday)

vi. It should go with out saying that juvenile offenders who are integrated into the general vi. It should go with out saying that juvenile offenders who are integrated into the general population of adult facilities are more prone to being victimized (a study by Martin Forst population of adult facilities are more prone to being victimized (a study by Martin Forst and colleagues found that the sexual assault of youths was five times more common in and colleagues found that the sexual assault of youths was five times more common in adult prisons, than in juvenile facilities)adult prisons, than in juvenile facilities)

6) The Death Penalty and Juveniles (Should juveniles be executed?)6) The Death Penalty and Juveniles (Should juveniles be executed?)

a. In 1982, the Supreme Court heard the case of Eddings v. Oklahoma and a. In 1982, the Supreme Court heard the case of Eddings v. Oklahoma and refused to rule that the application of the death penalty to juveniles violates the refused to rule that the application of the death penalty to juveniles violates the Eighth amendment (which is supposed to protect against cruel and unusual Eighth amendment (which is supposed to protect against cruel and unusual punishment)punishment)

b. In 1988, the Supreme Court found that the execution of a person who under 16 b. In 1988, the Supreme Court found that the execution of a person who under 16 at the time of the commission of his or her crime was unconstitutional in at the time of the commission of his or her crime was unconstitutional in Thompson v. OklahomaThompson v. Oklahoma

i. In i. In Stanford v. KentuckyStanford v. Kentucky, the US Supreme Court ruled that capital punishment did not , the US Supreme Court ruled that capital punishment did not constitute cruel and unusual punishment for a person who was age 16 or 17 at the time constitute cruel and unusual punishment for a person who was age 16 or 17 at the time he or she committed the crimehe or she committed the crime

ii. Between 1985 and 2000, 17 persons were executed who had been juveniles at the time ii. Between 1985 and 2000, 17 persons were executed who had been juveniles at the time they committed their crimes (of these 17, 15 were executed in Southern States, with 9 they committed their crimes (of these 17, 15 were executed in Southern States, with 9 being executed in the state of Texas)being executed in the state of Texas)

c. At the beginning of 2001, there were 73 people on death row who had c. At the beginning of 2001, there were 73 people on death row who had committed their offenses while under age 18 (half of all juvenile death sentences committed their offenses while under age 18 (half of all juvenile death sentences have been imposed in three states- Texas, Florida, and Alabama)have been imposed in three states- Texas, Florida, and Alabama)

i. Today, 38 states and the federal government have death penalty statutes, with 24 of i. Today, 38 states and the federal government have death penalty statutes, with 24 of these jurisdictions permitting the execution of a person who committed his or her crime these jurisdictions permitting the execution of a person who committed his or her crime under the age of 18under the age of 18

d. As we move into the 21st century as the world's major superpower, it should be d. As we move into the 21st century as the world's major superpower, it should be noted that the only two member nations of the United Nations that allow for the noted that the only two member nations of the United Nations that allow for the execution of juveniles is Somalia and the United States of Americaexecution of juveniles is Somalia and the United States of America

-end of chapter 15 notes-end of chapter 15 notes