CJ 245 Q1 STUDY GUIDE CJ 245 CH 1 Parens patriae The

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CJ 245 Q1 STUDY GUIDE
CJ 245 CH 1
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Parens patriae
o The responsibility of the state to protect its youth
Most important rule re stats
o Correlation …
Juvenile
o Less than 18
o 6-10; 10-17
o Extended jurisdiction in some cases- usually post conviction
Justice:
o Distributive justice (social justice)
 Equal share of what is valued to each member of society
o Retributive
 Revenge for …
 Limited in ability to create crime free society
o Restorative justice
 Perp is accountable to vic, not state
 Seeks restitution of retribution
Data sources
o UCR (FBI)
 Universities, police agencies
 Underreporting
 Manipulation of data
 Ranking and only using worst within given set/crime
 Moving away from
o NIBRS (Nat’l incident based reporting system)
 More broad and more precise
o Nat’l Crime Vic Survey (NCVS)
 Self reporting = never good
 Specs on vics
 Experiences
 Self protection measures
Media perception and juveniles
o Committed by young = more shocking = more media coverage = more fear = more
media coverage
Terminology
o From p15 (this will take a while)
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Stigmatizing effects of labels
 Diversion p16
 PX p18
o Diversion p20
 The funnel effect= farther through system, fewer individuals pass
 Schools and police at fat end
 Communication from one end of funnel to the other v.
o Privacy of youth
o ‘need’ for information abt crime
Conservative approach:
o Get tough on criminals at any age
o Presumes retribution is effective
Liberal approach
o Treatment and rehabilitation
Disproportionate Minority Contact
o 34% → 62%
o Is it part and parcel with racial discrimination?
CJ 245 CH 2
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Vocab
o Patriarchal society
o Corporal punishment
o philanthropist
English (early)
o Church influenced
o 7 y/o = age of reason
o 7-14: rebuttable presumption
o English Reniassance (16th and 17th centuries)
 Medieval to modern = more humane treatment
o Poor laws: QE
 Poor children indentured with wealthy families to learn trade
 200 years
o 1817: the London Philanthropic society
America (not yet US)
o Puritan (1646-1824) (child basically bad)
 Patria potestas
 Dad has all power
 Stubborn child law (status offense)
o 7-14 distinction
o 1800 Industrial revolution
 Children in factories
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Affected family control over children
In response
 Indenture and apprenticeship
 Private orphanges
 Public houses for dependent children
 Mixed Almshouses
 Jails
o 1824 – 1899
 Refuge period = houses of refuge
 For delinquents and poor together
 State had power to commit children
 Intervene when parents are incapable
o By 1850:
 reform schools
 Foster homes
 Child savers
 Child basically good- treat as such with problem
 YMCA
 YWCA ten years later
o Civil war
 Orphans
 New troubles with few state tools
1870: first sep juvenile trials
1880: juvenile probation
1899: first juvenile court
First Juve court
o The progressive era (1890 – 1925)
o Juvenile Court Act:
 1899
CJ 245 CH 3
THEORIES OF DELINQUENCY AND JUVENILE OFFENDING
 Malum in se
 Malum prohibitum
 Consensus theory
o Individuals agree on basic values- laws express these values
 Hobbes and the social contract
o Individuals agree to sacrifice some freedoms to benefit the group
 Anomie
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o The breakdown of social norms → chaos
Conflict theory
o Laws keep dominant group in power
Marx: the communist manifesto
o Punishment is an inevitable result of capatilism
Classical school
o Humans have free will and are responsible for own actions
o Utilitarianism: laws should bring the greatest happiness the greatest number
o Deterrence
o Incapacitation
Positivist school
o Humans are shaped by society and are a product of influences
o Individuals are not ruled entirely by free will
 Together = determinism
Bioliogical theories
o Physiognomy studies
o Character traits by physical feature
o Phrenology
o Body type
o Heredity
 Twins
 Adopted
o Genes
Psychological theories
o Juveniles = acting out inner conflicts
o Lack of impulse control
Intelligence and crime
o Be wary
o Education and crime much more relevant
Freud
o Psychoanalysis
 Personality imbalances from abnormal development
 Oedipal complex
Sociological theories
o Human social structures and relationships
o Criminals are molded
Ecological model
o Study of organisms and their environment
o Dynamics of urban life
Social disorganization theory
o Urban areas weaken community controls → subculture of delinquency
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Functionalism
o Society requires functional interdependence
Strain theory
o The strain comes from the clash between desires and the ability to achieve
them
Labeling theory
o Treated/ act in accordance with label given
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