Juvenile Case

ARGOSY UNIVERSITY

LASA 1: Juvenile Supervision

Probation and Parole

Renee Flores

5/16/2013

When a juvenile has been arrested, the law enforcement officer is given the discretion to either release the juvenile to his parents or take them to juvenile hall. The probation department, which is responsible for the juvenile hall, has the discretion to accept and book the juvenile offender. But, the disposition is left up to the police department. Due to the fact that many juvenile halls are overcrowded, many facilities will only accept a violent offender. Since Johnny was arrested for stealing a car, he would more than likely be handed over to his parents (Juvenile Crime-Outlook for California, 1995).

In many states, juveniles are considered to be under the jurisdiction of the juvenile court if they are at least six years old and not older than 16 years old at the time they have committed a crime. But, juveniles who are at least 13 years old and have committed a felony offense may be sent to the criminal justice system and then tried as an adult. All juveniles are entered into the juvenile system when having a formal complaint put against them by law enforcement officers. There are two types of complaints that may be placed; delinquency and undisciplined. A delinquency complaint alleges that a juvenile has committed a criminal offense. An undisciplined complaint alleges behavior that is non-criminal, such as running away, truancy, etc. (Flinchum & Hevener).

A juvenile that has had a delinquency complaint (criminal charge) will go through an intake process, where they must be screened and evaluated by a DJJDP court counselor. This counselor is allowed up to 30 days to determine if the complaint should be handled by a juvenile court judge or not. During the intake process, the court counselor will conduct many interviews with the juvenile, their parents/guardians, and anyone else relevant to the juvenile's case. The information obtained by the counselor will determine if the case should be handled by the court (Flinchum & Hevener).

Based on the fact that this is not Johnny's first time in trouble with the law, and that he has violated his probation, the counselor will more than likely determine that Johnny's case should be seen in court.

The classification system is used in corrections so that the inmate's future can be predicted. A Risk Assessment is used, using an inventory system called the Level of Service Inventory-Revised (LSI-R). This system is widely used in classification of the offender for treatment and prevention of re-offending. The LSI-R is considered to be a gender neutral and culture responsive system. Classifying the offender is of great importance in the criminal justice system. Classification will affect the decision making about the offender which includes security placement, required supervision, discretionary release and program placements. Classification systems are used to determine how dangerous the offender is to others or themselves during their confinement, but also predicts how likely they are to re-offend after their release (Hye Sun).

Young people that commit crimes or offenses that are not usually considered crimes if committed by an adult, are considered status offenses. Some of these offenses may include breaking tobacco and alcohol laws, truancy, curfew laws, running away from home, or behavior that is beyond their parent's control. Juvenile courts handle status offenses, and are treated differently than a criminal offense (Hye Sun). The objective of the Risk Assessment Scale is to permit accurate classification of juvenile offenders according to the likelihood of recidivating. An offender is classified as being low, moderate or high risk for new offenses. There are ten risk factors that have been shown by research that is associated with offense behavior:

1. Age at time of first referral

2. Peer relationships

3. School behavior

4. Family dynamics

5. Referrals for assaults

6. History of abuse and neglect

7. Substance abuse

8. History of parental incarceration

9. Prior referrals

10. History of out of home placement

(Juvenile Offender Classification System Components)

A classification matrix will allow a juvenile justice professional to guide offenders with different offenses and risk potential. In Johnny's case, he would be considered a delinquent offender. He has committed an act that would be a crime if it was committed by an adult. A burglary or a battery by a juvenile is a violation of a criminal statute that is applied to juveniles and adults. A juvenile violation though is classified as a delinquent offender; and an adult violation will be classified as a criminal offender. Johnny would not be classified as a criminal, in order to protect his future (Hye Sun).

Offense Severity Group 1 Offenses Group 2 Offenses Group 3 Offenses

Risk Level Status offenses municipal ordinances/infractions Class A,B&C misdemeanors/Class C&D felonies A & B Felonies

Low Risk 1. Warn and counsel

2. Restitution

3. Community service

4. Court fees and assessment

5. supervision 1. warn and counsel

2. restitution

3. community service

4. court fees and assessment

5. supervision 1. restitution

2. community service

3. court fees and assessment

4. supervision

5. day treatment

6. intensive supervision

7. court residential placement

8. commitment to DYS

Moderate Risk 1. warn and counsel

2. restitution

3. community service

4. court