Lowering the maximum age for juvenile justice is one of the most drastic measures a State can take, as it transfers an entire age group of juveniles into the adult system. In recent years, only three states have amended their laws to lower the maximum age for juvenile justice. In 1993, Wyoming lowered its maximum age from 18 to 17. In 1995, New Hampshire and Wisconsin lowered their maximum ages from 17 to 16 years (Torbet et al., 1996). Although it is difficult to determine exactly how many adolescents were affected by these changes, 17-year-olds accounted for 24% of all arrests under the age of 18 in 1998. As a result, the transition of 17-year-olds to the criminal justice system could reduce the flow of cases into the youth system by up to a quarter. The fact that so few states have opted for this option suggests that legislative concerns have focused on serious and violent crime, rather than juvenile delinquency (Dawson, 2000). other models of juvenile justice, such as the restorative justice model. While the traditional juvenile court model focuses on offender rehabilitation and current changes emphasize the punishment of crimes, the restorative model emphasizes balancing the needs of victims, offenders and communities (Bazemore & Umbreit, 1995). In Prince v. In Massachusetts, the Supreme Court ruled that no minor boy under the age of 12 or a girl under the age of 18 may sell newspapers, magazines, magazines or other property on the street or in other public places. The verdict is followed by numerous laws that target young people for vagrancy and pauperism. Lipsey and Wilson (1998) conducted a separate meta-analysis of 200 studies of all experimental or quasi-experimental studies on the effects of interventions with serious young offenders.
They summarize their results as follows (Lipsey and Wilson, 1998: 229-230): “The mean effect of the intervention for these studies was positive, statistically significant, and corresponded to a reduction in relapses of approximately 6 percentage points, for example from 50% to 44% (mean effect size = 0.12). However, the variation around this overall average was considerable. But even today, juveniles accused of certain juvenile offenses (such as murder) can be transferred to adult courts in many states. Juvenile justice involves different levels of government and different departments within those governments. These include courts, juvenile probation services, juvenile detention and correction facilities and treatment providers. Some may be operated by the state, while the county or other local government entity may exploit others. Some functions may be subcontracted to private providers. Together, these ministries and providers provide a continuum of services – prevention, intervention, reintegration and follow-up – and include programs such as alternative education, foster care, drug and alcohol rehabilitation, probation and incarceration. It is important for practitioners to understand how these programs work together to achieve the goal of distracting youth from the criminal justice system or ensuring safe and healthy prison conditions for youth who need to be detained. A high proportion of juveniles transferred to adult court belong to minorities.
For example, Blacks and Hispanics accounted for 94.7% of transmitted persons from Cook County, Illinois, in the study (Clarke, 1996). Hispanics and Native Americans accounted for 67% of cases transferred to court in the New Mexico study (Houghtalin and Mays, 1991). The preponderance of minorities among transferred minors may be partly explained by the disproportionate frequency of arrests of minorities for serious crimes. In the analysis by Fagan et al. (1987a), the effects of race on the judicial transfer decision were found to be indirect. Conditions in youth institutions vary considerably, ranging from those where adequate educational and other services are provided and staff are well trained, to those where many young people spend much of their time in cells that have nothing to do, where facilities are dangerous and unsanitary. where services are lacking and staff are poorly trained and may even be abusive. In 1995, Human Rights Watch (1995) documented physical abuse of adolescents at the Tallulah Youth Correctional Center in Louisiana. The New York Times (1998) documented ongoing physical abuse and other problems in 1998 at this facility, which “houses 620 elderly boys and young men.” The DSO requirement required states applying for grants under the JJDPA to submit a detailed plan that would guarantee within two years that juveniles accused of status-related offenses would not be sent to detention or correctional centers.
If these youth are to be removed from their homes, they must be held in shelters, group homes or other community facilities. States were also required to establish a system to monitor compliance with the DSO requirement in all prisons, detention facilities and correctional facilities, and to report the results of the monitoring to the federal government. [57] The DSO requirement has thus helped trigger the transfer of juvenile justice responsibilities from a state and local function to a system that requires ongoing coordination between state authorities and the federal government. The multitude of interventions summarized under the term diversion makes it difficult to generalize them or their effects. Some researchers have found significantly lower recidivism rates among diverted adolescents than among controls who received normal treatment through the juvenile justice system (e.g., Henggeler et al., 1993; Pogrebin et al., 1984). (For an overview of the studies covered in this section, see Table 5-2.) Other studies have found no difference in recidivism rates between juveniles removed from juvenile justice and those who remained (Rausch, 1983; Rojek & Erickson, 1982) or more recidivism among diverted adolescents (Brown, to know individual adolescents and their families and thus to give individual counselling. As with other ideals of the juvenile court, the reality of probation has not always met their expectations, neither in the early days of juvenile courts 100 years ago nor today.