‘It’s set up to fail’: Kansas youth justice leaders discuss state’s lack of progress (2023)

FAQs

What are some problems with the juvenile justice system? ›

The primary goals of the juvenile justice system, in addition to maintaining public safety, are skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community.

To hold youth who commit crimes accountable for their actions. To provide individualized assessments to rehabilitate and prevent further delinquent behavior through the development of educational, vocational, social, emotional and basic life skills which enable youth to grow and mature.

Individuals as young as ten years of age and as old as 17 years of age may be adjudicated as juvenile offenders in Kansas. State law allows the KDOC to retain custody of a juvenile offender until the age of 22 ½ in a juvenile correctional facility and the age of 23 in the community.

Some of the more common juvenile offenses include: theft, larceny, alcohol offenses, disturbing the peace, drug offenses, vandalism, assault, robbery, criminal trespass, harassment, fraud, burglary, loitering, possession of stolen property, possession of weapons and crimes committed on behalf of gangs.

Crimes like murder, arson, weapons crimes, and drug crimes. Offenses related to a child's own abuse and neglect, like aggravated assault, animal cruelty, neglect, and sex crimes (These criminal matters are often considered separately for juveniles because abused children may not understand their actions.)

The juvenile justice system has two main responsibilities: to oversee cases involving (1) juvenile delinquency (criminal law violations and status offenses) and (2) dependency, neglect, and child abuse.

In general, the four Ds—diversion, decriminalization, deinstitutionalization, and due process—have been advantageous to corrections' overall goals. These shifts in policy have lowered the number of minors entering the criminal justice system and shifted the emphasis from punishment to rehabilitation.

Goals of the Juvenile Justice System.

These include treatment programs, detention, incarceration, and community supervision. Generally, the system provides for escalating responses to offenses of increasing severity, such as informal probation, formal probation, detention, and incarceration.

Judicial waiver, statutory exclusion, and direct file are three mechanisms used to transfer juvenile offenders to adult court. Judicial waiver is the most popular method; 47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court.

What are the two types of cases handled by the juvenile courts? ›

Probation is perhaps the most common penalty in the juvenile justice system. Judges have considerable discretion to set the terms of probation. These may be specific to the circumstances of the case.

Juvenile records are strictly protected in Kansas. The only means to obtain your own juvenile history is to positively identify yourself by fingerprint submission to the Central Repository at the KBI.

Your Miranda Rights:

say or do can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford an attorney, one will be appointed for you at government expense.”

A status offense is a noncriminal act that is considered a law violation only because of a youth's status as a minor. 1 Typical status offenses include truancy, running away from home, violating curfew, underage use of alcohol, and general ungovernability.

Probation has been called the "workhorse" of the juvenile justice system -- according to the Office of Juvenile Justice and Delinquency Prevention, probation is the most common disposition in juvenile cases that receive a juvenile court sanction.

They may face charges for incorrigibility if they refuse to obey their parents. Approximately half of all juvenile arrests are due to disorderly conduct, drug abuse, simple assault, theft or curfew violations.

Most Common Juvenile Crimes

Roughly half of all youth arrests are made on account of theft, simple assault, drug abuse, disorderly conduct, and curfew violations.

Most juvenile courts have jurisdiction over criminal delinquency, abuse and neglect, and status offense delinquency cases. Criminal delinquency cases are those in which a child has committed an act that would be a crime if committed by an adult.

Of youth involved with the juvenile justice system, estimates suggest that approximately 15% to 30% have diagnoses of depression or dysthymia (pervasive depressive disorder) [35], 13% to 30% have diagnoses of attention-deficit/hyperactivity disorder, 3%–7% have diagnoses of bipolar disorder [16,36], and 11% to 32% have ...

What state has the lowest juvenile crime rate? ›

Juvenile delinquency statistics by state

Connecticut, Hawaii, Vermont, New Hampshire, and North Carolina have the lowest rates. State-level juvenile arrest rates (also defined by number per 100,000) vary significantly depending on the type of violation.

If the judge determines that the minor committed the crime, the last step in the juvenile court process is the disposition hearing, where the minor's punishment is determined.

The United States Supreme Court has held that in juvenile commitment proceedings, juvenile courts must afford to juveniles basic constitutional protections, such as advance notice of the charges, the right to counsel, the right to confront and cross-examine adverse witnesses, and the right to remain silent.

The key philosophical principles of the juvenile court movement: • The state is the “higher or ultimate parent.” • Children are worth saving. Children should be nurtured. Justice needs to be individualized. The needs of the child mandate use of noncriminal procedures.

The chart summarizes the most common events in the criminal and juvenile justice systems including entry into the criminal justice system, prosecution and pretrial services, adjudication, sentencing and sanctions, and corrections.

The major components of the juvenile justice system are also featured, including law enforcement, prosecution and the courts, and corrections.

THE AUTHORS EXAMINE JUVENILE JUSTICE THROUGH THE USE OF CRIME CONTROL, DUE PROCESS, AND REHABILITATION MODELS.

The U.S. Supreme Court found that juveniles are entitled to many of the same due process protections as adults, including the right to counsel, in In re Gault.

What are the steps or stages in the juvenile justice system? The juvenile justice system is a multistage process: (1) delinquent behavior, (2) referral, (3) intake/​diversion, (4) transfer/​waiver, (5) detention, (6) adjudication, (7) disposition, (8) juvenile corrections and (9) aftercare.

Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.

What do the most successful juvenile delinquency programs do? ›

The most successful community programs emphasize family interactions and provide skills to the adults who supervise and train the child.

Meaning that most juveniles who are processed end up being on probation.

In the context of juvenile justice, examples of supervision include probation, youth supervision orders, youth training centers, and parole orders.

Identify and briefly describe the single most important U.S. Supreme Court case with respect to juvenile justice. The case was In re Gault, decided by the Supreme Court in 1967. In this case, a minor was arrested for allegedly making an obscene phone call.

The least punitive is an “Adjourned Disposition” where the juvenile can “earn” the dismissal of his/her charge by fulfilling certain conditions such as restitution, community service, counseling, or school attendance for a specified period.

Because everything was new to me – just about everything". Upon his release, Ligon became America's longest serving juvenile lifer, having served 68 years behind bars. The Vera Institute of Justice estimated it cost the state of Pennsylvania nearly three million dollars ($44,000/year) to incarcerate him.

The most common penalties for minors convicted of a juvenile crime include informal probation, court ordered treatment or counseling, placement in foster care, enrollment in a juvenile offender school, or commitment to a state juvenile detention center.

The decision as to which charges should be brought against the juvenile is the responsibility of the prosecution. Additionally, the prosecution is responsible for deciding whether the case should be redirected, adjudicated, or dismissed.

Convictions for murder, manslaughter, child abuse, rape, and most other sexual offenses can never be expunged.

Do juvenile records get sealed when you turn 18 in Kansas? ›

Your Juvenile Record Does Not Disappear When You Turn 18! “ Most juvenile records in Kansas are available to the public unless they are expunged.”

Youth have the right to:

emergency mental health services. a professional evaluation and development of a treatment plan. periodic follow-up evaluations. regular mental health services, including treatment.

In a nutshell, yes. The police, including officers on the street and school police officers, generally aren't required to contact parents or get their permission before questioning a child.

Juveniles don't have all of the same constitutional rights in juvenile proceedings as adults do. For example, juveniles' adjudication hearings are heard by judges because youthful offenders don't have the right to a trial by jury of their peers. They also don't have the right to bail or to a public trial.

Delinquency: Acts or conduct in violation of criminal law. (See “reason for referral.”) Delinquent act: An act committed by a juvenile which, if committed by an adult, would be a criminal act. The juvenile court has jurisdiction over delinquent acts.

Running away - Leaving the custody and home of parents or guardians without permission and failing to return within a reasonable length of time. Truancy - Violation of a compulsory school attendance law. Underage drinking - Possession, use, or consumption of alcohol by a minor.

“The largest challenges the modern criminal justice system faces today includes violence against women, the addiction epidemic, and lack of trust between peace officers and citizens. Some of these challenges can be resolved a bit easier than others.”

Incarcerating youth undermines public safety, damages young people's physical and mental health, impedes their educational and career success, and often exposes them to abuse.

According to Bartollas & Miller (2008) the challenges and unique issues the juvenile justice system face in the 21st century includes improving condition of confinement, fair treatment for children of color, health care, security, children with mental health issues, reducing overcrowding, securing resources for ...

Why is the criminal justice system unfair? ›

The evidence for racial disparities in the criminal justice system is well documented. The disproportionate racial impact of certain laws and policies, as well as biased decision making by justice system actors, leads to higher rates of arrest and incarceration in low-income communities of color.

In a corrupt judicial system, money and influence may decide which cases are prioritised or dismissed. Perpetrators may get away unpunished while victims are left with no answer and no justice.

Consequences: When justice systems fail, “Rule of Law” does not exist and law as an autopoietic systems does not work. When justice systems fail, laws and lawyers become instruments of injustice and oppression rather than swords and shields fighting for justice and equality.

If the criminal justice system has failed to meet your needs, remember that you have options to pursue civil remedies, including orders of protection and restitution. You also may have options seeking justice through tribal court, both civil and criminal.

The lack of brain development makes children more susceptible to committing crimes. Impulsivity causes adolescent convicts to make irrational decisions which leads them to commit crimes. Reward sensitivity and sensation-seeking motivate youth to engage in risky acts causing them to engage in illegal activity.

Minors who are housed in juvenile detention facilities have a rate of mental health disorders that is three times that of the general youth population. In fact, studies have shown that between 65 and 70 percent of minors in the juvenile justice system have a diagnosable mental health condition.

During the past two decades, major reform efforts in juvenile justice have focused on reducing the use of detention and secure confinement; improving conditions of confinement; closing large institutions and reinvesting in community-based programs; providing high-quality, evidence-based services for youth in the ...

Two types of cases are processed by a juvenile court: civil matters, usually concerning care of an abandoned child or one whose parents cannot support him; and criminal matters arising from antisocial behaviour by the child.