JUVENILE DELINQUENCY GUIDELINES

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JUVENILE DELINQUENCY GUIDELINES

• Building on the Past to
• Design Future Courts of Excellence

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JUVENILE JUSTICE PHILOSOPHY THE BUILDING BLOCKS

• Every Segment of Our System is built on BELIEFS
• Beliefs relate to Values, both Personal and
  Professional

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VALUES

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

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VALUES ARE DERIVATIVEWHERE 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

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THE GREAT ROLE MODEL

• REFLECTION
• Who was/is your role model?
• Who most profoundly influence your professional
  values?
• Why?

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COLLECTIVELY, VALUES BECOMEPHILOSOPHY

• 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 agencys philosophy?
• What about Law Enforcement?
• Education?
• Mental Health?
• Your Community?
• The Media?
• Are They Compatible?

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WHOS GOT IT RIGHT?Exercise

• Write Down 2 Key Elements of your Philosophy.
• Write 2 Key Elements
• of Your Agencys Philosophy.
• Find 2 or more Similarities.
• Find 2 or more differences
• Directions
• 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.

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JUVENILE JUSTICE SYSTEM PHILOSOPHY

• Do we have one?
• What is it?
• Where did it come from?
• How is it changing?
• Where are we headed?

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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

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THE IDEA CAUGHT ON!

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

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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

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THE 60S AND 70S

• 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

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WINTER OF OUR DISCONTENT

• The Search for Justice in Juvenile Justice
• __________________________________

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80s and 90s

• Eras of Children and Childrens Rights First
  Faded
• Accountability, Punishment became Watch-words
• Three Strikes
• Victims Rights, Reparation
• Restoring the Community
• Decisions based on Perceived Risk of Re-offending

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COMMUNITY PROTECTION

• Is Lock-up the Answer?
• Why ?
• Why Not ?

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AMELIORATING TRENDS

• Comprehensive Strategy OJJDP
• IAP Individual Assessment Plan OJJDP
• JDAI Casey Foundation
• Graduated Sanctions OJJDP
• Youth Courts
• NABs

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WHERE ARE WE HEADED?

• What trends will have lasting impact?
• What can you do to shape juvenile justice for the
  next century?

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TODAYS WISDOM

• Strength-based Approach
• Power of One
• Wraparound Assessment Services
• Fast-track Accountability
• Outcome Evaluation
• Blended Funding Streams
• Resource Reallocation

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JDG WAVE OF THE FUTURE
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GUIDELINES LEADING TO BEST PRACTICE

• 5 Years in the making
• Publication Committee 50 Trial and Appellate
  Judges, POs, national consultants in Juvenile
  Justice, and Other Systems Professionals
• Available in hard copy, CD or online.
• Aspirational
• Require multi-year Implementation Process

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JDG KEY PRINCIPLES

• EXERCISE
• Circle those Principles most relevant to you as a
  professional.
• Be prepared to discuss what would be required to
  implement them at home.

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16 KEY PRINCIPLES

• Judicial Leadership Encourage System
  Collaboration
• JJ System Requires Adequate Staff, Facilities,
  Program Resources
• 1 Family/ 1 Judge
• Judicial Status Length of Assignment

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16 KEY PRINCIPLES

• Court and Staff treat all with courtesy, respect,
  cultural understanding.
• Court should ensure expansion of diversion policy
  practice.
• Youth formally charged MUST have qualified
  counsel.

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16 KEY PRINCIPLES

• Victims Services and Access _at_ All Stages
• Timely, Just Decisions, without Continuances
• Engage Family _at_ All Stages, Including Plan
  Development
• Engage School other Community Support Systems
  as Stakeholders in EVERY case!

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16 KEY PRINCIPLES

• Individualized Dispositions, using Graduated
  Responses (Sanctions and Incentives)
• Post-Disposition Review Continuing to Case
  Closure.
• Judges hold their Own System, and Stakeholder
  Systems Accountable
• Court MIS to Evaluate Performance
• Court Responsible for Training (both for
  Individuals Groups Across Systems)

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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

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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)

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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

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NEXT STEPS

• Discuss Reference Materials at Home
• Determine Whether or Not Your Court can Pursue
  Some or All Guidelines
• We are Ready to Help.