- The relationship between peers and delinquency.
Peers groups have very close relationship with criminal behaviors. As it can be seen in most cases, criminal acts are committed in minor groups rather than solo leading to co-offending. Youths who have insufficient peer relations in most scenarios are the ones who are likely to become criminal. The young who maintain criminal friends are the ones who are likely to engage in disruptive behaviors and use of drug abuse. Youths who report inadequate or strained peer relations are the ones who are most likely to become delinquent. Some kids are particularly susceptible to peer influence. For example, boys who go through puberty at early age are mostly likely to engage in variety of antisocial behavior. Early matures are more likely to develop strong attachment to criminal friends and they are influenced by peer pressure. Girls who identify boys as their friends are the ones most likely to engage in delinquency. These girls are prone to antisocial behavior choices.
3).Consequences of dropping out and the educational and social factors resulting to that.
The effects of dropping out of school might be a lifetime problem. Since majority of this dropouts are most likely to be unemployed, they are less likely to be in the labor force and report shows that they are likely to be in the worse state of health. They also contribute to the highest percentage of the nation’s prison and death row of inmates. Some of the factors, which have contributed to these dropouts, are; some of the students left school so that they can be employed and earn a living. Difficulty getting along with the teachers, dissatisfaction with the school as well as substance abuse have contributed. Poverty and family dysfunction also increases the chances of a student to drop out.
4). Three views on the association between school failure and delinquency.
The three-independent association between school failure and delinquency are:
7).The legal rights of the students as they relate to personal privacy, free speech and school discipline.
One major issue is the right of school officials to search students and their possessions on school grounds. Drug abuse, theft, battery and assault, and racial conflicts is increasing in schools leading to the need to take actions against troublemakers.
- The right to personal privacy. One of the major issue is the right for the school to search for students and their positions on the school grounds. The Supreme Court has allowed schools authorities to conduct random drug test to the students on the grounds, which are less intrusive than a search of a student’s body. Students have the right to expect that their records will be kept private. Although the nation state the laws that governs the disclosure of information from juvenile court records.
- Free speech. Freedom of speech is guaranteed by the first amendment to the U.S constitution. It is divided into two, passive speech, which is a form of expression not associated with actual speaking of words. Passive speech, expressing an opinion by speaking or writing. For example, this concept of free speech was articulated in tinker as it was used again in 1986 in bethel school district. The other type of free speech is active speech which involves someone to express their opinion by speaking.
Some of the categories of free speech are off-campus and speech in cyberspace. In off-campus, it shows if a school has the right to control off-campus speech. For example, a court once ruled that a school does not have control to student speech at off-campus. Speech in cyberspace is becoming a significant issue as it provides numerous opportunities for students to test their limits of free speech.
9).Brief description of the steps in the juvenile justice process.
a). Police investigation. When youths commits a crime, police have the authority to investigate the incident and decide whether to release the youth or commit him/her to the juvenile court.
b). Detention. If the police decide to file a petition, the child is referred to the juvenile court. The primary decision at this point is to decide whether the child should remain in the community or be placed in a detention facility or shelter care.
c).Pretrial procedures. In most jurisdiction the jurisdiction process, begin with sometime of hearing. At this stage the court rules normally requiring juveniles be informed of their rights to a trial. In some cases, youths may be detained at this stage pending a trial.
d).Adjudication. This is a trial stage of the juvenile court process. If the juvenile does not admit guilt at the initial stage and he/she is not waived to an adult court, the adjudication hearing is held to determine the facts of the case.
e). Disposition. If the adjudication process finds the child guilty, the court must decide what should be done to treat the child. Most juvenile courts requires disposition hearing separate from the adjudication.
f).Treatment. After disposition in juvenile court, delinquent offenders may be placed in some form of correctional treatment. Probation is the most commonly used formal sentence for the juvenile offenders.
10). How handling juveniles offenders can produce major conflict for police.
The police may experience tension between their desire to perform their duty, law enforcement and the need to aid in the rehabilitation of youthful offenders. Police officer’s action in cases involving adults are usually controlled by the law and their own judgment or discretion. In contrast, a case involving a juvenile often demands that the officer consider the best interest of the child. How often the officer’s action will influence the child’s future wellbeing. In minds of most citizens the primary responsibility of the police to protect the public. Hence, the public is becoming increasingly aware that the reality of police work is sustainability different. The police has failed to bring the crime rate from youths down this is despite government subsidies. The citizens complain of civil rights violations and there was widespread of civil violations. This was evident that crises was very imminent I the police. Police do not see themselves as crime fighters rather as maintaining order.
11) Arrest procedure, search and custodial interrogation as it relates to juveniles.
When a juvenile is apprehended, the police will decide whether to release him/her or make a referral to the juvenile court. To make a legal arrest the officer must have probable cause believe that an offense has took place and that the suspect is guilty. Juveniles have the same right to be free from any unreasonable search as adults. In other words, citizen’s privacy is protected by the fourth amendment of the constitution. Custodial interrogation, in the past police used to question juveniles without their attorney or parents. Recently the juveniles are told they have the right to remain silence and anything they can say, it can be used against them in the court of law.
12). Comparison and contrast of the juvenile defense attorney, guardian, prosecutor and juvenile court judge.
Prosecutors, judges, and defense attorney are the key players in the juvenile court. The juvenile prosecutor is the attorney responsible for bringing the state’s case against the accused juvenile. Defense attorney represents children in the juvenile court play an active and important part in the virtually all stages of the proceedings. The juvenile judge ensures that the children and families who come before the court receive the proper help.
13).The pros and cons of transferring youthful offenders into adult court.
It is advantageous for a child to be tried I an adult court, some of the reasons are; juries in adult courts are more likely to be sympathetic to minors. Juveniles have a right to a jury trial. When the dockets and jails are crowded, the court might be forced to impose a lighter sentence.
Some of the major disadvantages of juveniles in adult court includes; the juvenile might be subjected to a serious sentence like life sentence. The judge in adult court do not have wide range of punishment, which are available in juvenile court. A conviction in adult court carries more stigma than in juvenile court.
14). Comparison and difference in residential groups, group homes, foster care and rural programs.
Foster homes programs involve one or two who live with a family. In most cases, the husband and wife act as surrogate parents. The juveniles enter into close relationship with the foster parents and they receive attention and care they did not receive in their homes. The quality of foster home experience depends on the foster parents.
Family group homes combine elements of foster care and group home placements. Juveniles are placed in a group home that is run by a family rather than by a professional staff. Trouble youths have an opportunity to learn to get along in a family like situation.
Rural programs include forestry camps, ranches, as well as farms that provide recreational activities or work for juveniles. This program usually handle around 30 to 50 juveniles. The disadvantage of this program is that it isolate juveniles from the community. Most residential programs use group counselling as the main treatment tool. When the court determine that community treatment cannot meet the special needs of the delinquent youth, a judge may refer the juvenile to secure treatment program.
