CRIM 309
Adjudication & Dispositional
Outcomes (Probation &
Corrections)
Arraignment & Adjudication
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Arraignment: Hearing at which juvenile is informed of the
charges and asked for a plea
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Guilty/Responsible/Delinquent
Not Guilty/Not Responsible/Not Delinquent
Nolo Contendere (No Contest)
Plea bargains are often used in the juvenile justice process,
which is an arrangement whereby the juvenile pleads guilty in
exchange for a lower charge, lower sentence, or other favorable
outcome
If the youth does not appear, a bench warrant (capias) is issued
Adjudication Hearing: The trial for cases in which a Not Guilty
plea was entered
Adjudication
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Rights afforded to juveniles:
 Right an attorney if facing loss of freedom
 Privilege against self-incrimination
 Right to notice of charges
 Right against double jeopardy
 Right to proof of guilt beyond a reasonable doubt
If youth found guilty, judges can (and often do) order predisposition assessments to be completed prior to the disposition
hearing
Report contains recommendations to the judge on what type of
disposition the offender should receive
Content of Pre-Disposition
Assessment
Provides the opportunity for:
1. Risk/Strength Assessment
2. Substance Abuse Screening
2. Mental Health Screening
4. Referral for further assessment (SA,
MH, medical, family, etc.)
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Risk/Need Assessments
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Management tools that help determine
appropriate types and levels of intervention.
Utilized to produce a case plan that integrates
appropriate levels of supervision,
intervention, and treatment (if needed) in
order to decrease risk and need factors and
increase protective factors; thereby reducing
his/her probability for future
crime/delinquency.
Understanding MH/SA
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Mental Health Problems: Signs and symptoms of insufficient intensity
or duration to meet the criteria for any mental disorder (USDHHS,
1999).
Mental Health Disorders: The array of diagnoses contained in the
DSM-IV (APA; 1994).
Serious Emotional Disorders (SED): Disorders related to serious
mental health conditions that will probably affect the individual
throughout his/her life. For instance, early signs of bipolar,
schizophrenia, etc.
Substance Abuse Problems: Signs and symptoms of abuse or
dependency of alcohol and/or other drugs.
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Abuse=More than casual use, lifestyles begin to focus on using alcohol
and other drug use. Problems related to use starting to develop but are
not overwhelming.
Dependency=Primary focus on individual’s life is on procuring and using
alcohol and/or other drugs. Problems related to use become consistent
and predictable.
Offender Estimate Ranges in
Research
Otto et al.
’92
Weirson et al.
‘92
Conduct Disorder
10-91%
90%
Substance Abuse
13-81%
8-65%
Depression
27-35%
n/a
Mood Disorders
1-78%
10-30%
Post Traumatic Stress
41%
n/a
Personality Disorders
2-55%
10-40%
Psychotic Disorders
1-39%
1-30%
Adjustment Disorders
4-28%
n/a
Attention Deficit Disorder
1-38%
0%
Anxiety Disorders
1-10%
n/a
Disposition
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The disposition hearing is the equivalent to the
sentencing hearing in the adult system
Goals that guide the disposition process:
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Retribution, Incapacitation, Deterrence, Restitution,
Rehabilitation, and/or Restorative Justice
Possible outcomes: Community service, fines,
restitution, probation, corrections, alternative
programming
Court will order the disposition and with this outcome
can stipulate certain conditions that the offender
must meet (e.g., participation in anger management
program, attend school regularly, drug testing, etc.)
Probation
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Traditional Supervision (Low, Medium, and High)
Intensive Supervision (High Only)
Shock Probation
Drug Courts
Boot Camps
Camps
Probation has conditions that can include curfews,
treatment, family counseling, etc.
Offender placed on probation who violates the
conditions of that order, can return to court and be
moved into state custody
Probation Continued
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Conditions are used to control and rehabilitate
offenders under the supervision of Probation (and
Parole)
 Passive conditions: refrain from behaviors
 Active conditions: requiring the accomplishment of
certain activities
 Standard conditions: imposed on all offenders in
jurisdiction
 Special conditions: conditions specific/unique to
individual offenders
State Custody
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Diagnostic facilities
Foster/Group Homes
State Schools/Correctional Facilities
Treatment Facility Placements
Boot camps, ranches and forestry camps
Parole (similar to Probation following the release from a
correctional institution)
Aftercare Programming (unfortunately, this is limited in the
current system)
Offender place in state custody who makes parole and violates
the conditions of parole, can return to court and to an
institution
Handling Risk
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Handling risk is the primary function of the juvenile court and
juvenile justice agencies—to increase public safety
Options for handling risk:
 All offenders can be handled in the same way
 Each offender could be handled in a random fashion, largely
dependent on the subjective opinions of the decision-makers
 Each offender could be assessed using objective criteria and
given levels of supervision and interventions appropriate to
his/her risk and need levels
Which is the best option?
Which option occurs most often?
Why use an objective tool?
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Accuracy, consistency in the decision-making process
Using resources efficiently—limited resources must be used wisely
Identifying and Managing
Offender Risk: Risk Assessment
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The results of the risk assessment can be used to
develop a case plan in probation or corrections.
Using the score received in the tool, agencies can
identify appropriate levels of supervision,
intervention, and treatment (if needed)
Intent of risk score and case plan is to decrease risk
and need factors and increase protective factors;
thereby reducing his/her probability for future
crime/delinquency
Youth Level of Service Inventory
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Interview format by juvenile justice agency personnel (e.g.,
probation, correctional institution, parole)
Eight domains:
 Prior and current offenses/adjudications
 Family circumstances/parenting
 Education/employment
 Peer Relations
 Substance Abuse
 Leisure/recreation
 Personality/behavior
 Attitudes/orientations
Each domain is given a score. The sum of the scores is used to
identify whether the offender is low, moderate, or high risk
Appropriate interventions can then be given and subsequent
administration of the tool provides a way to case manage and
measure change
Benefits of Risk/Need Assessment
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Benefits to Youth
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Promotes equitable treatment
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Increases accuracy and encourages placement in least restrictive
environment
Benefits to Staff
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Promotes equitable treatment
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Increases consistency and accuracy
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Saves time and energy
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Expedites decision-making
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Provides explicit justification and support for recommendations/judgments
Benefits to Program, Agency, Jurisdiction
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Increases public safety
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More efficient use of resources
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Useful for program evaluation
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Facilitates better control of offenders under supervision in the community
and in institutions
Weaknesses of Risk Assessment
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There is no magical formula that predicts
delinquency
The same combination of factors in one
person may not result in the same behavior
as that by someone with the same
combination
Risk factors used in justice assessments can
predict a problem incorrectly
Risk factor approach provides a road map but
is still not a solution to crime
Aftercare Programming
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Goals
 To prepare newly released institutionalized juveniles for
increased responsibility and freedom in the community.
 To facilitate interaction and involvement between juveniles and
the community.
 To prevent recidivism.
Requirements for Effective Outcomes
 Use of risk assessment to establish eligibility
 Individual case planning and management that incorporates
individual, family, and community issues
 A balance of incentives and realistic graduated sanctions
 Making appropriate linkages with services in the community
that relate to offender risks and needs
 Information management and program evaluation
(Taken from the Intensive Aftercare Program Model; Altshuler, Armstrong, & MacKenzie,
1999)