Criminal Process and Procedure in the State Of Florida

Criminal Process and Procedure in the State Of Florida

by Linda Smith

The United States Constitution, and its amendments (bill of rights) and the rules of statues and procedure are the main components that shape the criminal process .These laws evolved from English common law. The Constitution is comprised of the basic guarantees and rights of due process as well equal protection under the law. These rights and guarantees give inalienable rights to the citizens of the United State.

Crimes may be classified in numerous ways. Primary, they are classified as either mala in se or mala prohibita. Mala in se crimes are those acts that are not only crimes but are also considered morally wrong, such as, rape, murder, and robbery. Common law crimes are considered mala in se crimes. Mala prohibita crimes are not considered morally wrong even though they are crimes. Mala prohibita crimes are wrong because statutes prohibit them (Wallace, H. C & Roberson, and C. 2011. p. 6)

Crimes are also classified as crimes against the person, crimes against property, sex crimes, victimless crimes, professional or white-collar crimes, and crimes against public order. White-collar crimes are nonviolent crimes of personal or corporate gain committed by people while working, in occupation, or business or in defrauding other people or the government (Wallace, H. C & Roberson, and C.  2011. p. 6) Victimless crimes are those in which there are no direct victims, such as gambling, prostitution, and using drugs. Unlike murder, rape, or robbery, two or more people, all of whom readily participate in the crime, commit a victimless crime. In some cases, it is also called a “public order” (Wallace, H. C & Roberson, and C.  2011. p. 6).

The main purpose of the majority of trials whether they are criminal or civil, is to resolve a dispute(s) about facts. Both parties present evidence to the fact finder, (i.e. judge or jury), who examines evidences presented on both sides of the case and evaluates the evidence to try to resolve the controversy. “The rules of law guide the fact finder in evaluating the evidence “Underwood, B. D. & Sundby, S. E. (n.d.).

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, States, and the Federal government each have their own criminal codes, defining types of conduct that constitutes crimes (Anonymous, 2000 CRS). “Title 18 of the U.S. Code outlines all federal crimes, typically, federal crimes deal with activities that extend either beyond state boundaries or that directly affect federal interests” (Anonymous, 2000 CRS).   Rule 3.850. , governs the procedure in all criminal proceedings in Florida state courts including proceedings involving direct and indirect criminal contempt, proceedings (Anonymous, n.d., p.1).

The Procedure, Statues And Rules Guide Criminal Process

Pre-Trial Proceedings

After an arrest, the case is given to a prosecutor, known as the State’s Attorney. As chief law enforcement officer of his county, the prosecutor’s  job is to take all evidence gathered by the police, examine the evidence and determine what, if any, specific charges to file against the accused, and after collecting the relevant evidence, prosecute the case at trial in order to secure the conviction of the accused (courtwatchflorida.org) .

Grand jury

Grand Jury is comprised of approximately 23 adult citizens selected by law to sit as a jury sworn to investigate criminal activity. They hear evidence by the prosecutor against parties accused of wrongdoing in order to determine whether there is sufficient evidence to bring such parties to trial. If there is sufficient evidence, the grand jury issues an indictment for felonies and misdemeanors. The rule that applies is the 5^th amendment in the United States constitution. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger”(US.Const.5th amendment )

 Preliminary Hearing

The “Initial Appearance is the Federal government’s term for the first hearing.  At the defendants’ first appearance, the defendant is advised of charge(s) and Rights .At the defendant’s first appearance the judge is supposed to immediately inform the defendant of the charge and provide the defendant with a copy of the complaint and all affidavits file with it (Anonymous, n.d. , p.35).  The judge adequately advises the defendant that of his or her rights which are as follows; “(1) the defendant is not required to say anything, and anything the defendant says may be used against him or her,  (Miranda rights) based on the fifth amendment; (2) if unrepresented, the defendant has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed; and  with is the  6^th amendment, (assisted by council)(3) the defendant has a right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so the aforementioned procedures are applied in both state and federal court also covered by the 6^th amendment  (Anonymous, n.d. , p.35)

 During preliminary hearing, the government is required to present evidence establishing probable cause the defendant committed the crime. The defendant is entitled to appear with his attorney to challenge the probable cause evidence. The government owns laboratory facilities, it hires forensic analysts, examines and test gathered materials and testify as expert witnesses at trial (Moses 2004). The defense gathers information to prepare for trial by obtaining formal and/or informal discovery of the information, upon which the prosecution bases the accusation (Moses R. 2004). This too is covered by the sixth amendment of the constitution. “and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence (const 6^th amendment).

 If the judge determines that there is insufficient evidence of probable cause, the case is dismissed with no further proceedings. After a dismissal at the preliminary hearing stage, the government may continue to investigate and may re-file charges against the defendant later, if it believes that newly discovered evidence is sufficient to meet the probable cause standard (Lawson, p.176)

During the preliminary hearing the Bail is set .The defendant has a right to pretrial release, unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great (Florida Bar, p.36). Whether such release is by surety bail bond or recognizance bond or some other form, in a condition of pretrial release, the defendant must avoid any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure (Anonymous, n.d. , p.35).  A date is now set for Arraignment.  In Accordance with The Constitution; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (US.Const.Amendment VIII)

Arraignment

In the arraignment phase of the trial, once the indictment or information has been issued or filed, the defendant is brought before the court to be formally charged with the crime. During the arraignment, the charges are read in detail to the defendant, the defendant is advised of his rights and asked to formally enter a plea to the charges (Anonymous, n.d.).The court will insures that counsel represents the defendant. The court may hear arguments for and against setting or reducing bail for the defendant’s release pending trial. “If the defendant pleads guilty at the arraignment, the court will carefully question the defendant to determine whether the guilty plea is being made knowingly and voluntarily. The court is essentially seeking to ensure that no one has improperly coerced the defendant to enter a guilty plea” (Florida Bar). The defendant is protected by the sixth amendment of the constitution “compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence” (US const. 6^th amendment).The court instructs the defendant that by pleading guilty, they are waiving their rights to a trial and choosing to proceed immediately to the penalty phase of the criminal process (Lawson, p 177). The plea is entered and bail may allow to be re-examined. If the court is satisfied that the defendant is voluntarily entering a plea of guilty, a date will be set for sentencing. Defendants not choosing to plead guilty at arraignment have their case scheduled for trial (Lawson, p 177). The bail rule apply to Amendment VIII of the constitution: Excessive bail shall not be required, nor excessive fines imposed (const.8^th amendment).

Plea bargaining can conclude a criminal case without a trial. Plea bargaining is extensively used in the criminal justice system, but is not popular, because plea agreements are less than a victory for all involved. Prosecutors find it disconcerting to offer admitted criminals lighter sentences than those authorized by law. Similarly, most criminal defendants are not ecstatic about admitting criminal behavior without benefit of a trial.  Despite the reservations, plea agreements are used resolve roughly nine out of every ten criminal cases.  Many legal observers question the propriety of widespread plea-bargaining occurring (Florida Bar). In "Utah v. Casey," the Utah Supreme Court ruled that victims of crime have the right to tell judges when they object to plea bargains and should expect state prosecutors to help them be heard" ( Anonymous, 2002, March).

Pre-Trial Motions

In pretrial Motions, both the prosecution and defense begin to plan their strategies, once a case is scheduled for trial .A motion is a tool of writing that attempts to maneuver the court in the moving parties favor. Both prosecution and defense utilize this strategy, presenting evidence in writing and asking for the court to move on the evidence or rule.  The defense motion may attack the sufficiency of the charge(s) or to suppress evidence. There may be motions regarding mental condition of the defendant, or asking for conditions of pretrial release to be modified, or a motion to dismiss may be filed.  Motions in limine are very important strategies used to raise objections to evidence before trial. They are also important because if the prosecution’s evidence is found untrue or inaccurate, the case may be dismissed (Bergman, N.P. & Berman, S.J. n.d.).

Trial

        Trier of Facts (Judge or Jury)

The defendant may opt to have his case tried before a judge or a jury. If the defendant chooses to have the case tried by a Judge, the Judge hears all factual evidence, decides evidentiary rulings, rendering the verdict at the finish of the case. If, however, the defendant chooses to have the case tried before a jury, the jury selection process will be the first phase of the criminal trial. Additionally, both prosecution and defense have the right to demand a jury trial, in some jurisdictions (Lawson p.178).Jury rights come from Amendment VII of the US constitution.

Jury selection (voir dire)

The process of selecting and questioning the jurors is called “voir dire”. In Federal and numerous state courts, the judge carries out this process using questions suggest by the attorneys as well as questions the judge decides to ask (Bergman, P. and Berman, S.J., n.d.).

Juries in most cases consist of 12 people during serious felony cases, although some states allow for six people juries in less serious misdemeanor cases.  If the defendant chooses to have the case tried before a jury, the jury selection process is the first phase of the criminal trial (Bergman, P. & Berman, S.J. n.d.).

In most jurisdictions, potential jurors are chosen from voter or license registration lists. Both defense and prosecution endeavor to identify jurors who can listen to the evidence in an objective manner and render a verdict based exclusively on the evidence submitted at trial (Lawson, p.178).

Opening statements

After the jury selection is completed, the trial begins with opening statements by the government prosecutor.  Lawson states, “In the beginning of the trial, the defendant has the presumption of innocence, and the government has the burden of proving each of the material elements of the crime beyond a reasonable doubt” (Lawson, 1995 p. 179).]

The prosecution presents its main case through direct examination of prosecution witnesses by the prosecutor (Bergman, P. & Berman, S.J. n.d.). In opening statements, usually the prosecutor begins by explaining the government’s theory of the case to the jury and how the government’s evidence will establish that; that there was a crime committed and it will prove that the defendant is responsible for the crime, (Lawson, p.199). Following the governments’ opening statement, the defense presents its opening statement and theory of the case. This is the first opportunity the defendant has to refute the government’s theory of the case, and set the stage for alibi or other types of defenses (e.g., self-defense, insanity). No evidence is introduced, during the opening statements, and each side explains its hypothesis of the case (Lawson, p.179). If the parties will be making opening statements, it should be explained that those statements are not evidence, but merely a brief overview of the evidence that the jury will hear. Before a defendant may possibly be found guilty in a criminal trial, the prosecution must establish beyond a reasonable doubt the required actus reus and the required mens rea (Wallace, & Roberson p.42). The easiest way to understand mens rea is the form of mental states that qualify as mens rea: g general intent, specific intent, transferred intent, and constructive intent. Constructive intent includes situations in which recklessness or negligence is sufficient to establish mens rea. Transferred intent refers to the situation in which one intends to harm one person and instead harms another (Wallace& Roberson p. 49).

State’s Case

There is no crime if Actus Reus and Mens Rea cannot be proven. Both parties present evidence to the fact finders (judge and jury), who evaluates the evidence. A number of rules of law guide the fact finder in evaluating the evidence; the evidence must be weighed to see which party should have the benefit of the doubt.  “In criminal cases, the prosecution has the burden of proof, to prove guilt "beyond a reasonable doubt."  

Defendant’s Case

Except for strict liability crimes, all crimes contain an Actus Reus and a mens rea. The term defense is used to indicate those matters that, if successfully presented by the defense, will negate the existence of either actus reus or mens rea. Even if the government can prove the essential elements of the offense, the defense may raise one or more defenses to the criminal prosecution that could result in acquittal, if he can prove lack of mens rea. Defenses to criminal conduct can be grouped into three categories: criminal responsibility, justification and excuse, and procedural defenses (Wallace & Roberson p.124).

Most defenses raise issues involving the defendant’s emotional state. In addition, certain criminal responsibility defenses occur from the defendant’s mental state.  “Defenses that go to the mental capacity of the accused are categorized as; infancy, insanity, diminished capacity, and intoxication” Wallace & Roberson p.2011. pp. 83& 94).

 In (IPV) intimate partner violence cases, quite often women allege that they suffered from battered woman syndrome in an attempt to use self-defense to justify their acts (Wallace & Roberson p.2011. pp. 83& 94). “Excuse defenses often include; stealing under duress or necessity. Justification and excuse defenses includes self-defense, protecting others, defense of property, duress, necessity, use of force in making arrests, resisting unlawful arrests, mistake, consent, and entrapment, in other words lack of mens rea “( Wallace & Roberson 2011. pp. 97 - 98)

 Testimony

Various witnesses, including the victim, testify by answering questions asked by the prosecutor, defense attorney and even the judge, as they relate to the criminal acts, which were committed, throughout the trial (Berger and Berman, n.d.).

Closing Arguments

The closing argument is the final statement by both opposing sides to the jury or court .Its purpose is to summarize the evidence each as brought forth and evidence that each side has failed to establish”( Black’s Law Dictionary,1991 p.255). The defense makes its closing argument, summarizing the evidence as the defense sees it, explaining why the jury should render a not guilty verdict, or allow a guilty verdict on a lesser charge (Bergman, P. & Berman, S.J. n.d.).  Black’s law dictionary states, “such does not constitute evidence and maybe limited by time or rule” (Black, H.C., Nolan, J.R. e.d and Nolan-Haily, J.M. eds. 1991.p.255).

Jury Deliberation

In order to convict a defendant, the verdict must be unanimous. If all jurors find the defendant “not guilty,” the accused is immediately released. If the jury is unable to make up its mind either way that is a “hung jury” In the hung jury situation the prosecutor is entitled to try the case again before a different jury, if the prosecutor decides the case is not worth retrying, the accused is set free (Anonymous, n.d)

Verdict

 At the conclusion of the deliberation process, if the jury has reached a unanimous verdict, they will advise the judge. The judge will then call all of the parties back to the courtroom to hear the jury’s verdict. Once the verdict is announced, each juror is polled to assure that the verdict is unanimous. If the verdict is acquittal, the defendant is free to go and, pursuant to constitutional double jeopardy standards (Const.Amendment V), and cannot be tried again.  Conversely, if the verdict is guilty, the defendant may be taken into custody and, in some cases, will have to await sentencing (Anonymous, n.d.).

At times, after extensive deliberation, the jury is cannot reach a unanimous verdict thus deadlocked or “hung.” at that time, they will usually advise the judge, who will encourage them to continue the deliberations in hopes of reaching a unanimous verdict. Some juries are just unable to arrive at a unanimous verdict, even after prolonged deliberations. Under those circumstances, the judge declares a mistrial, and the jury is excused.  When there is a mistrial because of juror deadlock, the government has the option to re-prosecute the case again with a new jury. A mistrial due to a hung jury does not raise double jeopardy concerns because the original trial did not result in final determination of the defendant’s guilt or innocence; trying the defendant again is considered a continuation of the previous trial (Lawson, 1999 p183)

Sentencing

In some jurisdictions, the same jury that convicted the defendant will take part in the sentencing phase and determine a suitable punishment. In other cases, after verdict, the jury members are thanked for their service and excused, at a later date the judge will determine an appropriate punishment for the defendant (Lawson, 1999 p.183)

Indeterminate sentencing: is still an accepted practice in many states, though, by the early 1970s, indeterminate sentencing was under attack by criminologists, law enforcement groups, and legislatures. The wide difference between sentences and concerns about whether   rehabilitation was attainable, led to the reform movements that established determinate sentence laws (Wallace & Roberson 2011. p. 308).

Determinate sentences: To assure a specific term the offender will serve in prison. An example of determinate sentencing is the Federal Sentencing Reform Act of 1984, established the U.S. Sentencing Commission to develop guidelines that scale punishment to the gravity of the offense and the defendant’s criminal background (Wallace, H. & Roberson, 2011. p. 308).

Presumptive Sentences is a form of determinate sentencing, but it allows for establishing a minimum and maximum sentence and a fixed point, within that range. The sentencing judge can vary from that presumptive sentence depending on the facts of each case, while remaining within the range provided by the statute. Most presumptive sentencings allow the judge to set either the lower or the higher sentence within the range (Wallace & Roberson, 2011 pp308-309)

Mandatory sentencing is a criminal sentence put in place by a legislature that establishes the minimum length of prison time for specific crimes and consequently limits the amount of discretion a judge can have, when sentencing a defendant. Sentences can include incarceration probations or supervised released orders for rehabilitation, drug treatment, mental therapy, community service and retribution the offender can be sentenced. The state of Florida has increased the minimum mandatory sentences for serious felonies that are committed with a firearm. If a person commits offenses while simply possessing a regular firearm, the person must serve a minimum mandatory sentence of 10 years. Offenses while possessing a more dangerous firearm, is a minimum mandatory sentence of 15 years. Committing offenses and if during the offense, discharges any firearm, offender must serve a minimum mandatory sentence of 20 years. If an offender commits offenses and, during the offense, the person discharges any firearm and actually shoots someone inflicting great bodily harm or death, the person must serve a minimum mandatory sentence of 25 years up to life (McCollum, B., 2008).

Appeal

The purpose of an appeal is to review decisions of the trial court or lower tribunal to determine if a harmful legal error has occurred, because it can be harmful if it affects the outcome of the case. Appeals are not trials; they are not intended to give a litigant a second opportunity to reargue the case. In Florida, Criminal appeals are heard in The Fourth District. In federal cases, appeals are heard in Supreme Court. When convicted of a crime in circuit court, that person can file a direct appeal of the conviction and sentence to the District Court of Appeal. The prosecution may appeal certain orders suppressing evidence or dismissing charges before trial. After trial, the State can appeal orders granting a new trial or a judgment of acquittal, after a guilty verdict Amendment VII gives rights to appeal (Anonymous, n.d.).

The Constitution is comprised of the guarantees and rights, which are applied to due process.  The Bill of rights are to meant to guarantees all citizen in United States the right to a trial and right to a speedy trial, the right have legal counsel present, the right to confront witnesses, the right to a jury of our own peers, not to be forced to testify against one’s self .The constitution and rules of statues and procedure are the components that shape the criminal process through the precedence of laws.  This process is continuously evolving and shaping criminal law and procedure.

Reference

 Anonymous, (n.d.) Understanding the appellate process in the fourth district court of appeal retrieved May 15, 2011 from http://www.4dca.org/ information/ appellateprocess.pdf

Anonymous (2000) (CRS) Congressional Research Service (1992 -2000). LII/Legal Information Institute; retrieved From on May 15, 2011 from    http://www.law.cornell.edu  /anncon/html/index.html     

Anonymous (2002, March). Utah: Victims have right to block plea bargains. Crime Control Digest, 36(11), 4. Retrieved March 26, 2011, from Research Library. (Document ID: 111715476.

Anonymous, (n.d.) Florida Rules of Criminal Procedure Retrieved May 15, 2011, from http://www.floridabar.org / Criminal.pdf

Underwood, B. D. & Sundby, S. E. (n.d.). Burden of Proof - The Reasonable Doubt Rule, Reasons For The Rule, Issues That Should Be Governed By The Rule; Retrieved March 28, 2011from http://law.jrank.org/pages/584/Burden-Proof.html#ixzz1HwJk2nk0

Bergman, P. and Berman, S.J. (n.d.) Criminal Trial Procedures: An Overview Retrieved Sunday, May 15, 2011 from http://www.nolo.com/legal-encyclopedia/criminal-trial-procedures-overview-29509.html

Black, H.C., Nolan, J.R. e.d and Nolan-Haily,J.M. eds. (1991).Black’s Law Dictionary 6th ed; West publishing company, Saint Paul. Minnesota.

Criminal Justice Process: Court watch. www.courtwatchflorida.org/ Training_ CriminalJusticeProcess.pdf

McCollum, B. (2008). Victim Advocate Reference Guide: Synopsis of Florida Statutes, Office of Attorney General Retrieved May 15, 2011 Retrieved from myfloridalegal.com/webfiles/ Victim AdvocateReferenceGuide.pdf

 Moses, R. (2004). Pretrial practice; development of the criminal case Retrieved May 15, 2011 Retrieved from http://criminaldefense.homestead.com/Pretrial.html

The Constitution of the United States: A Transcription; retrieved May 15, 2011 from http://www.archives.gov/exhibits/charters/constitution_transcript.html

Wallace, H. & Roberson, C. (2011). Principles of Criminal Law (5th Ed.).  Boston: Pearson Allyn & Bacon. 

Juvenile Justice System: Policies Past Present and Speculations of the Future

Juvenile Justice System: Policies Past Present and Speculations of the Future
by Linda Smith

The mission of the department of juvenile justice is to increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen family's as well as turning around the lives of troubled youth.  We have learned though research and history, some of the causes of juvenile delinquency are; Poverty , abusive parenting , unstable home environments , children being taken care of by substance abusers (drugs and alcohol),such as broken homes, and unstable or apathetic and non participating  community mental illness, neglect and drug addition of the youths themselves.

The past reflects the present, the knowledge and wisdom we acquire in the present influences the future. In the past, various methods have been applied, some have worked and others have not. .(Cohn A. W. & Crim. D 2004).   

There are two main views on Juvenile Justice that seem to have existed side by side since the system had developed. The hard line punishment and warehouse view and the soft line rehabilitate and return them to society view. It is time to decipher the facts on both sides of the issue.  The mission is to use the best methods and hard data to modernize the system, hence lowering the costs and recidivism though the most effective and cost saving methods available without compromising quality of the programs.  

 New research completed within the last five years, through government grants and experimental programs have developed updated concepts through examining the latest theories and techniques available, in order to develop the best strategic interventions, their designs aimed at being efficient, cost effective and simultaneously improving the juvenile justice system.

History of Juvenile Justice

Throughout world history, the needs of juveniles were seldom emphasized. Adults and juveniles who violated the law were generally treated in the same manner, and were subjected to the same punishments, which including whippings, mutilation, banishment, torture, and death The development of Juvenile Justice is relatively new. (Bartollas, C. & Miller, S. 2008 p. 4).

During the fifth century A.D., the age of seven was determined as the age where in most cases youths were excused from criminal responsibility under particular circumstances. The onset of puberty was age of twelve for girls and fourteen for boys. At puberty, youths were held solely responsible for their behaviors (Bartollas & Miller 2008 p. 4). This concept continued in medieval Europe. Between 700 and 1500 A.D., children were not viewed as a distinct group with special needs and behaviors children were expected to take on adult responsibilities in the family early in life, and apprentice’s roles in crafts or trades to wealthier families. Country landowners took control over these children and their welfare, the burden of childcare was taken away from their parents’ (Bartollas & Miller 2008 p. 4).

Common-law tradition in England agreed with earlier law that children under seven should not face legal penalties for their acts.  With children between seven and fourteen responsibility was determined by the severity of the crime, their maturity, their competence to distinguish between right and wrong, and evidence of obvious malice. At that point in history, English juvenile justice listed 160–200 capital offenses in the statutes for which children could be executed.  In London, for example eighteen out of the twenty people (80 %) executed in the year of 1785 were under the age of eighteen.  Executions of children continued infrequently, into the 1800s (Bartollas & Miller 2008 p.4).

Juvenile justice began in the colonial period of the United States. It continued the English practices.  Family was the primary means of social control of their children. The only law enforcement officials were town fathers, magistrates, sheriffs, and watchmen; and the only penal institutions were jails for prisoners awaiting trial or punishment.  The state was committed to raising its children correctly and making them follow society’s rules. “These early practice seem to have been integrated into the early Massachusetts Puritan code, which was a model for the U.S. Constitution of 1787” (Bartollas & Miller 2008 p. 5)

In the 1800s, the state became more concerned about the welfare of its children. Increasing urbanization, industrialization, and bureaucratization were changing the face of America. Predominantly increasing amounts of youths were ostensibly out of control in cities.  Reformers looked for solutions to teach them traditional values, asylums and the training schools were developed to help the state maintain its control. The courts became heavily involved with the juvenile problem (Bartollas & Miller 2008 p. 6).

The concept of parens patriae was formalized by ex parte Crouse in 1838, giving the courts a legal basis for intervening in the lives of children. The court ruled The Bill of Rights did not apply to minors; the state legitimately could confine minors, who, according to the ruling, did not have the right to counsel or trial by jury, and could be confined even in the absence of criminal behavior (Bartollas & Miller 2008 p. 6).

By the end of the 1800s, much of the U.S. population lived in urban areas and worked in factories. Large cities population exploded, as waves of immigration were deluging the nation’s shores with millions of people fated to remain poor. Conditions in the cities were scandalous; there was much poverty, crime, disease, mental illness, and decrepitude. The poor children of these cities were viewed as unfortunate victims of the urban reality (Bartollas & Miller 2008 p. 6). How Juvenile Court Developed

The first Juvenile Court developed in Chicago, the middle and upper classes wanted to control increasing numbers of immigrants and the poor. Additionally conditions of the Cook County Jail and the Chicago House of Correction, where children were being placed with adults, were deplorable. Escalating numbers of youths were imprisoned with hardened adult felons, criminals who corrupted and exposed them to debauchery, crime, and sin (Bartollas & Miller 2008 p. 6). The reformers composed primarily of middle and upper class women such as Jane Addams, Louise Bowen, and Julia Lathrop, were committed to rescuing the urban American family and its youth by restoring rural values to them (Bartollas & Miller 2008 p. 6).  These reformers were aided in their quest by a new emerging philosophy.  In the past, school of criminology argued that laws were violated because people willfully chose to violate them. People were presumed to operate because of free will, having total control over their actions; punishment was essential to get them to follow the law. The up-and-coming positivist school argued in contrast, that people were pushed into crime by forces beyond their control, arguing the causes of crime could be discovered with scientific methods and the biological, psychological, social, economic, political, and other environmental causes of crime could be revealed through rigorous and precise diagnosis. Once the causes of crime were found, according to their logic, experts could then step in and cure the offender. Proponents of this philosophy believed juvenile court should use these suppositions in undertaking the problem of youths. The parens patriae doctrine had been accepted by the courts for more than a half century. Social conditions had generated an underclass of people who appeared unable to help themselves. Conservative, humanitarian, and religious philosophies justified the need and provided the power necessary for change. Positivist philosophy held out the promise that with the right mechanism developed, wayward children would be saved, believing jails and prisons plainly were not a place for children. Its first Juvenile court, Cook County Juvenile Court was founded in 1899. Its premise was that the parens patriae doctrine permitted it to take charge of children in need, the causes of the children’s problems could be discovered and treated and that the court had to develop a set of procedures and terminology different from those of the adult courts to achieve these goals  (Bartollas & Miller 2008 p. 6).

The Illinois court was arranged to operate informally; all that was necessary were a table and chairs where the judge, the child, parents of the child, and probation officers could sit down  to discuss the case together. Children could be brought before the court because of complaints of citizens, parents, police, school officials, or others. The appealing features of the juvenile court philosophy resulted in almost all states setting up juvenile courts and by 1928, only two of thirty-one states had not passed a juvenile court statute. These were civil courts, usually a family court; their purpose was rehabilitation, not punishment. (Bartollas & Miller 2008 p.6- 7)  

The public was assured that programs would be developed to solve the problems of wayward youth so that they would be released to the community as respectable citizens. (Bartollas & Miller 2008 p.6- 7). For the next sixty years, Juvenile courts tried to live up to their mandate. For approximately the first twenty years, religiously motivated volunteers bringing moral commitments to their work with juveniles assisted the court. Confidence in the juvenile court began to erode in 1911 and 1912, because of exposés that detailed the court’s deplorable practices and conditions. Another negative influence on the juvenile court following World War I was the general disillusion concerning the idea that society was improving (Bartollas & Miller 2008 p. 8).Subsequently paid social work professionals called “social adjusters” replaced volunteers. The social work direction of these professionals enabled them to redefine the juvenile court as a social agency and lobby successfully for more paid social workers.  In the 1920s, the field of social work adopted Freudian psychoanalysis, which focused on the client’s inner feelings. As a result, instead of attempting to deal with social environmental problems as the cause of delinquency, as the earlier reformers did, social workers began to focus on the inner mental workings of the child (Bartollas & Miller 2008 p. 8).

History of Juvenile Confinement

At the time of the American Revolution, the penal system in the colonies was based on England’s’ model. Larger urban jails, county jails, and prisons contained men, women, and juveniles, felons, misdemeanants, insane or sane, at times all together. Smaller rural counties, having less need for large prisons and jails would temporarily house wayward citizens in small jails (Bartollas & Miller 2008 p.8.)

When youths got in trouble, they were subject to the same punishments as adults Local enforcers consisted of watchmen, magistrates, and sheriffs. All those caught, breaking the law, including youths, received fines, beatings, and floggings; were put in stocks; were driven through town in carts to be ridiculed by the citizenry; and in extreme cases were hanged, burned, mutilated, or banished from the community. After punishment, some youths were apprenticed to local crafts men; until the mid-1800s, others were sent on extended whaling voyages; and still others were placed with relatives or farm families’ (Bartollas & Miller 2008 p. 8).

The United States was in a period of transition during the late 1700s and early 1800s. The rural way of life became endangered, because changes were having an irreversible effect on the structure of society, because there was a rising amount of abandoned juveniles, runaways, and those who conflicted with community norms. Like in modern time of today, some reasoned that the natural depravity of humans made attempts at rehabilitation useless. Others hoped to find specific causes for deviancy, and the family was believed to be the primary source of the problem. The examination of case histories indicated that older offenders frequently had been problem children. They concluded if institutions housed the poor, perhaps similar institutions could be set up for children using the well-adjusted family as a model (Bartollas & Miller 2008 p. 8).

Growing numbers of delinquents and other children running in the streets of larger cities, and increasing population, put enormous pressure on existing facilities. Conditions in the jails and prisons were appalling. Youths sentenced for fixed periods were confined with the most awful criminals in society. Morals were corrupted as children ten to eighteen years old were confined with adult felons and a number of youths died of disease (Bartollas & Miller 2008   p. 8). Concern, over the degrading conditions in the jails and prisons, motivated the reformers to establish houses of refuge p. 9). The school, the workshop, and the church were all imparted to the house of refuge their purpose to teach order, obedience, and discipline. As routines were established, the institutions began to resemble a military organizations rather than its original purpose, which had been the family and its values model. Youths were woken up at sunrise; they were marched to washrooms, paraded in ranks for inspections, marched to chapel, attended school for an hour, and went to breakfast when the bells rang at seven o’clock.  From seven-thirty until noon t boys worked in the shops, making needed items of the day, and the girls did domestic work for the institution they did the cleaning, laundry, cooked, and sewed. The lunch hour was from noon until one o’clock, then work continued until five o’clock., A half hour allowed for washing and eating, following that was two and a half hours of evening classes. After evening prayer, youths were marched back to their cells, locked in; silence demanded, for the night until the routine began again p. 10).  All refuge houses followed the same schedule and routine. In some, they did a head count frequently to make sure that none had escaped, silence was maintained at all times in many facilities, even during the recreation and exercise periods. Eating at times other than regularly scheduled mealtimes was forbidden, and youths who wanted extra food were required to raise their hands. Everybody had to recite in unison in class.

Although the Reformers were enthusiastic about the house of refuge, residents apparently did not share their positive feelings. Hutchins Hapgood, sent to the New York House of Refuge in the nineteenth century, viewed this setting as a “school for crime,” because “unspeakably bad habits were contracted there. The older boys wrecked the younger ones,” and children who were orphans had an especially hard time. The residents, he added, were overworked while making overalls and were beaten frequently. He bluntly concluded “I say without hesitation that lads sent to an institution like the House of Refuge, the Catholic Protectory, or the Juvenile Asylum might better be taken out and shot” (Bartollas & Miller 2008 p. 10).

 In mid nineteenth century, Reformatories, also known as training schools or industrial schools, developed and were a continuation of the houses of refuge; except they did extend a longer period of schooling, usually half a day, but the biggest difference was the contracting of inmates’.  Labor became more exploitative, and manufacturers often inflicted cruelty and violence on juveniles during working hours.  Shockingly, the cat-o’nine-tails was used on youths who did not work fast enough in the reformatory shops. In spite of the questionable nature of these institutions, states persistently built these reformatories/ training schools; by 1890 nearly every state outside of the South had established them (Bartollas & Miller 2008 p. 10).

The cottage system, introduced in 1854, increased throughout the country.  Reformers succeeded in placing these schools outside cities, their rationale being youths on farms would reform when exposed to the rural virtues, the simple way of life, (Bartollas & Miller 2008 p. 10). With the new cottage system, residents were housed in separate buildings, usually no more than twenty to forty per cottage. The first cottages were log cabins; later ones were made of brick or stone. This design was widely accepted and is the basic design for many juvenile facilities even today. (Bartollas & Miller 2008 p. 11).

Present day court issues

There are distinct differences between The Juvenile Court and the Adult Court system. In the Juvenile system, cases are handled differently than in the adult jurisdiction. For example, Juveniles do not have right to bail; juveniles do not have the right to a public trial or a jury trial, Crimes generally are called delinquent acts. The major purpose of the juvenile court is to rehabilitate the offender rather than for retribution.  Juveniles can be taken into custody without a hearing and without a warrant, if officer taking the youth into custody believes their surroundings are harmful to the health and safety of the child, if the juvenile did something illegal they can be picked up in accordance with the arrest laws (they must be read their Miranda rights) or if a police officer knows or suspects the juvenile is a runaway. There are times when the judge or the State prosecuting attorney may wavier juvenile to an adult jurisdiction to be adjudicated as an adult, in those cases the Juvenile gains his full constitutional rights and is entitled to use adult procedures. The areas of transfer, waiver, and non-amenability are complex areas of juvenile law, and the juvenile delinquency judge’s decision to waive jurisdiction and transfer a youth to criminal court is a profoundly important (Grossmann & Portly, 2005).  But in an Mandatory Judicial Waiver – The juvenile delinquency court is required to transfer a case to criminal court if the juvenile delinquency court judge finds probable cause and the alleged offense is specified by state statute as a mandatory waiver. In mandatory judicial waivers, neither the prosecutor nor the juvenile delinquency court judge has discretion or authority not to waive the youth to the criminal court after probable cause is established. The mandatory judicial waiver process consists of only one decision, the determination of probable cause (Grossmann & Portly, 2005).  In some states like Florida, the state attorney is allowed to choose the venue for the juvenile, and is in fact, determining penalties and outcomes of cases. In my opinion, state attorney should not be the person to determine the penalties; it should be left to a juvenile judge who specializes in and therefore is familiar with that type of adjudication.  Some District Attorneys have given out too many overly harsh sentences. One example of such abuse was in Florida Palm Beach, where Prosecutor Barry Krischer, the state's attorney charged Anthony Laster as an adult, sent the 15-year-old child with a learning disability to adult jail for several weeks for stealing $2 from another student. Anthony Laster had no previous contact with either the juvenile or the adult court. Anthony Laster was a not a danger to anyone. He was a 15-year-old eighth grader with an IQ of 58; Anthony was described by his relatives as having the mind of a five-year-old. The situations was that a few days after his mother died, claiming he was hungry, Anthony asked another boy in his class at a Florida middle school to give him lunch money, when the boy refused, Anthony reached into his pocket and stole $2.00. “Instead of handling the case in the principal’s office, where it belonged, Palm Beach County prosecutor, Barry Kirscher, decided to prosecute Anthony as an adult for this, even though it was his first arrest. Anthony spent the next seven weeks, much of it in an adult jail” including his first Christmas since his mother died in custody (Schiraldi, and Ziedenberg, 1999). This type of abuse unfortunately is not an anomaly.

Hearings on Motions to Waive Juvenile Delinquency Court Jurisdiction and Transfer Jurisdiction to Criminal Court, The Trial and Adjudication Hearing,

The purpose of this hearing is for the juvenile delinquency court judge to determine if the prosecutor has proven the allegations of the petition beyond a reasonable doubt. This determination is made based on evidence presented by the prosecutor and defense evidence presented by counsel for the youth (Grossmann & Portley2005).

The Disposition Hearing

 The disposition hearing is the heart of the juvenile justice system. The purpose of the disposition hearing is to determine what the juvenile delinquency court judge will require of the adjudicated youth and his or her family as a result of the youth’s responsibility for violating the law. It is the time at which individualized justice is dispensed and when problem solving for a particular youth and family is addressed. The Juvenile court jurisdiction typically ends when a person turns eighteen.

Numerous sentences require counseling or other family interventions such as therapy. Students with disabilities (e.g., emotional and behavioral disabilities, learning disabilities, and developmental delays) are over represented in correctional facilities across the United States according to numerous research studies the percentage of students with disabilities in correctional institutions varies among researchers. For example, Quinn et al. (2001) and Zabel and Nigro (2007) estimated 30-70% of students in correctional facilities have a disability; others estimated 30-50% have a disability (e.g., Zenz & Langelett, 2004). Unruh and Bullis (2005) and Wolford (2000) contend 40-70% have a disability. The deficiency of coordination and communication between public schools and the juvenile justice system in regards to transitioning students with disabilities, concerns the future success of juvenile delinquents.

Research has indicated that youth with disabilities continually have a difficult time returning to schools and having success in employment.  This immediate concern needs to be addressed by all stakeholders; the changes needed that will affect transition planning cannot be made by only one set of individuals. In order to reduce the recidivism rate and improve the future of students with disabilities who are incarcerated, it is imperative that a firm set of roles and responsibilities be established between these important entities (Hogan, et-al 2010).

 “Juvenile probation is the oldest and most widely used vehicle through which a range of court-ordered services is rendered. Probation may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders. In some cases probation may be voluntary, in which the youth agrees to the conditions of the hearing comply with a period of informal probation in lieu of formal adjudication. More often, once adjudicated and formally ordered to a term of probation, the juvenile must submit to the probation conditions established by the court (Torbet,)

Stake holders who are they what do they do

There are many stakeholders involved in the Juvenile Justice System, These include the Country, the State, Counties services, Judges, Attorneys, The court systems (local state and federal), schools, Rehabilitation programs and Correctional institutions as well as special facilities, most importantly society at large, who are the citizens and tax payers and are the ones having to live with the political and policy decisions made that affect them.  By rethinking how they fund their juvenile justice systems, states and localities can succeed in keeping more youth at home, reduce the number of youth incarcerated, promote better outcomes for young people moving through these systems, and potentially show significant savings to taxpayers (Justice Policy institute). The child welfare system has an important impact on the juvenile justice system. Research had made it apparent that youth who have been abused and neglected are at heightened risk for early onset of delinquency.

Various Programs that have been examined  

The juvenile delinquency court should engage the school and other community support systems as stakeholders in each individual youth’s case” (Bartollas & Miller2008 p. 149)

 When the problems of troubled youth and their families rise to the level of youth breaking the law, schools, public and private social agencies must draw additional authority because without the involvement of the juvenile delinquency court of excellence, which is at the hub of the juvenile justice system and the system stakeholders, the attitudes, skills, and behaviors, most youth might not be able to change. With these stakeholders involvement, and working together, change can occur that will produce safe communities.

Stakeholders to Juvenile Justice System comply with a period of informal probation in lieu of formal adjudication. More often, once adjudicated and formally ordered to a term of probation, the juvenile must submit to the probation conditions established by the court.

The juvenile court system has come under increasing attack in recent years from both the right and left ends of the political spectrum. The right complains that the system coddles young criminals and sets them loose to prey on society after lenient sanctioning; the left decries the arbitrary railroading of predominantly lower class juveniles by paternalistic juvenile court judges In results of a meta-analysis (a systematic synthesis of quantitative research results) two questions were posed: Can intervention programs reduce recidivism rates among serious delinquents?  If so, what types of programs are most effective? Although research indicates that intervention programs can reduce overall recidivism rates among juvenile offenders, inadequate attention has been paid to their impact on serious juvenile offenders. In the research overall, juveniles who received treatment showed an average 12-percent decrease in recidivism. This result, although not enormous, was positive, statistically significant, and was large enough to be meaningful. More significantly, however, was the large variability effects across studies.  A review of the statistical findings of the 200 studies found that the average intervention effect for these studies was positive, statistically significant, and equivalent to a recidivism reduction of about 6 percentage points.  Two views are often articulated about the effectiveness of intervention with serious offenders. “According to the risk principle (Andrews et al., 1990), treatment for delinquent behavior is most effective when provided to juveniles who are at highest risk for reoffending. The opposite view is that serious juvenile delinquents are the most hardened and least likely to respond to treatment”. The results of Meta analysis support the first view—that is, serious delinquents can be helped (Lipsey, et-al 2000).

“The types of treatment that showed the clearest evidence that they were not effective included wilderness/challenge programs early release from probation or parole (based on only two programs), deterrence programs, and vocational programs” (Lipsey, et-al 2000). Two variables emerged that are important in terms of the amount of treatment provided. First, monitoring to ensure that all juveniles received the intended treatment was essential. Second, the length of treatment was related to the size of treatment effect; that is, the longer the treatment (the average in this sample was 25 weeks), the larger the effects. (Lipsey, et-al 2000).Two types of treatment showed relatively large, statistically significant mean effect sizes for institutionalized offenders across all estimation procedures: interpersonal skills programs (involving training in social skills and anger control) and teaching family homes (community based family-style group homes). Interpersonal skills training were also one of the treatments that had a stronger effect on non-institutionalized juveniles. “Strong, but less consistent, results appeared for multiple service programs, community residential programs (mostly other than juvenile justice programs), and other miscellaneous treatments (Milieu therapy), in which the total environment, including peers, is structured to support the goals of treatment) showed consistent null results. Drug abstinence programs, wilderness/challenge programs, and employment-related programs did not show statistically significant or consistent mean effects (Lipsey, et-al 2000).

Addressing the problems of gangs

Since the mid-20th century, gang violence in this country has become widespread—all 50 states and the District of Columbia report gang problems, and reports have increased for 5 of the past 7 years. According to the National Longitudinal Survey of Youth (a nationally representative sample of 9,000 adolescents), 8 percent of the youth surveyed had belonged to a gang at some point between the ages of 12 and 17. A common public perception is that most youth are coerced into joining a gang (Howell, 2007). Quite to the contrary, most youth who parties, hanging out, music, drugs, and opportunities to join want to belong to a gang. Gangs are often at the center of appealing social action socialize with members of the opposite sex. The gang may be appealing because it meets a youth’s social needs. Juveniles reported the following reasons for joining a gang, in the order of descending importance 1.protection. 2. for fun. 3. respect 4.for money 5. joined because a friend(s) was in the gang (Howell, 2007). Youths also occasionally cite economic reasons, such as selling drugs or making money, for joining a gang. Another important influence is family members (especially siblings or cousins) who already are part of the gang. Sometimes they join for the safety they believe the gang provides.  Even though juvenile gangs declined in numbers and membership across the nation in the last four years of the twentieth century, gangs continue to be a problem in many communities (Bartollas, Clemens p. 293) organized or corporate gangs have as their main purpose the participation in illegal moneymaking ventures, especially trafficking in crack cocaine. Some ricks factors are; Children whose antisocial behavior consistently worsens are most likely to join gangs. These behaviors include early involvement in delinquency, aggression, violence (without a weapon), alcohol or drug use, early dating, and precocious sexual activity.  In adolescence, additional forms of violence emerge—such as attacking somebody with a weapon that may also predict joining a gang (Howell 2010). Alcohol and drug use. Alcohol and drug can be an indication of risk Howell 2010). These two early problem behaviors increase the likelihood of later gang involvement, particularly when alcohol or drug use is extensive and involves marijuana use as well (Howell 2010). Although little research has been done on the subject, evidence suggests that certain mental health problems in young people including conduct disorders, externalizing behaviors, hyperactivity, and depression increase their risk of joining a gang. Noted that gang members in juvenile corrections facilities “often are admitted with histories of physical and sexual abuse, substance abuse, psychiatric disturbances, posttraumatic stress disorder, cognitive deficits, poor self-esteem, and other problems (Howell 2010)

 Children who are victims of abuse or neglect are more likely to join gangs Forms of violent victimization outside the home, such as assaults, also increase youth’s risk of joining a gang Negative life events. Particularly boys who experience negative life events also are more likely to join gangs (Howell 2010).  Family risks start from birth, parents are critical in promoting child development, Early on, weaknesses in family structure (e.g., a single-parent household, multiple family transitions, or caretaker changes), poverty, and general financial stress are potent risk factors. These adversities diminish effective parental supervision and control and disturb the development of strong family bonds (Howell and Egley, 2005).

“Research by Spergel and colleagues has demonstrated is that only an integrated, multi- dimensional, community-oriented effort is likely to have any long-term effect in preventing and controlling gangs in the United States. This gang prevention and control model must have several components: The community must take responsibility for developing and implementing this model, the structural model must take seriously the hopelessness that arises from the unmet needs of underclass children prevention programs, especially in the first six years of school, must receive a major emphasis, those who support this model must coordinate all the gang intervention efforts taking place in a community and sufficient financial resources must be available for implementing the model”  (Bartollas, Clemens p.  It’s 304).

I feel that the integrated approach is a well rounded approach is includes multi services and Community efforts included with programs  in Community centers, Community volunteering, School programs , adequate policing.  I also feel implementing various after school programs with adult supervision, social workers, and in some cases, psychiatric treatments should be available for those who have been abused and neglected mentally and psychically. I feel there should be curfews for those under 18. Well light areas for security especially in playgrounds, parks, and in parking lots to prevent crime and graffiti, as well as electronic surveillance in high crime areas to detect speeding, robberies and crimes in action.  I think two important elements of combating gangs are to protect children from being harassed and bullied by gangs, by keeping them off the streets, and enough supervision to keep gangs from hanging around, shopping centers and parking lots. The schools and community centers should open for the children who have nowhere to go while their parents work, is very important. This keeps them out of trouble and from forming attachments with people on the streets who solicit for their gangs or sell drugs for them.

Possible strategies and interventions designed to stop juvenile delinquency.

Directed by the Legislature, the latest in a series of OPPAGA reports examined the Redirection Program for juvenile offenders. According to the April 2010 Report Number 10- 38. The Redirection Program has achieved $51.2 million in cost savings for the state since it began five years ago due to its lower operating costs compared to residential delinquency programs. Youth completing Redirection were significantly less likely to be arrested, particularly for a felony or violent felony, and less likely to be adjudicated for a subsequent felony or sentenced to prison than similar youth released from residential commitment facilities. The reductions in recidivism found in the current analysis are not as large as those in the past five years; the Redirection Program has operated at a lower cost than residential juvenile delinquency programs and has achieved better outcomes.

Youth who successfully completed the Redirection Program were significantly less likely to be subsequently arrested for a felony or violent felony, adjudicated or convicted for a felony, or sentenced to prison after treatment than similar youth who successfully completed residential commitment programs found in prior years’ analyses. One reason for this change, according to the report is that the effect of the program’s treatment is lessening for some youth who have been out of the program for three to five years. While more of these youth in the treatment group remain crime free after release than in the comparison group, some additional treatment youth have offended since the 2009 study (Florida Office of program policy analysis & government accountability 2010)

Locking up youth can be costly for states. Approximately 93,000 young people are detained in juvenile justice facilities across the Nation.  Seventy percent of these youth detained in state-funded post adjudication, residential facilities, costing an average of $240.99 per day per youth.  With states facing serious budgetary constraints, it is an opportune time for policymakers to consider ways to reduce juvenile justice spending that will not compromise public safety. Twenty three reporting states spent an average of $7.1 million per day locking up youth in residential facilities. Please note that data was not available for Arizona, Arkansas, Delaware, Illinois, Iowa, Kansas, Michigan, Minnesota, Nevada, New Hampshire, New York, Oregon, Tennessee, Vermont, and Washington (Florida Juvenile Justice Policy Institute 2010).

According to the report, the majority of youth in residential facilities have been adjudicated for nonviolent offenses, this includes drugs (8.6 percent), technical violations (13.3 percent)*and status offenses (6.6 percent), in offenses that would not be a crime if committed by an adult. Sixty-six percent of committed youth were adjudicated for non-person offenses such as these the average yearly cost for a Juvenile incarcerated is 88,000 annually. (Florida Juvenile Justice Policy Institute 2010). States spend billions of dollars a year incarcerating nonviolent youth.  Even though the majorities are held for nonviolent offenses and could be managed safely in the community (Florida Juvenile Justice Policy Institute 2010).

Strategies and interventions

According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), therapies that have the most empirical support, include: behavioral, cognitive–behavioral, and the pragmatic family therapies.  One successful strategy being used has encompassed all of the aforementioned it is called the Multisystemic Therapy (MST). 

Systems and social ecological theories form the theoretical foundation of Multisystemic Therapy (MST).

MST typically uses a home-based model of service delivery to reduce barriers that keep families from accessing services. Therapists have small caseloads of four to six families; work as a team; are available 24 hours a day, 7 days a week; and provide services at times convenient to the family. The average treatment time is approximately 4 months, with multiple therapist–family contacts occurring each week.  MST therapists concentrate on empowering parents and improving their effectiveness by identifying strengths and developing natural support systems (e.g., extended family, neighbors, friends, church members) and removing barriers (e.g., parental substance abuse, high stress, poor relationships between partners). Specific treatment techniques used to facilitate these gains are integrated from those therapies that have the most empirical support, including behavioral, cognitive–behavioral, and the pragmatic family therapies. This family–therapist collaboration allows the family to take the lead in setting treatment goals as the therapist helps them to accomplish their goals (Office of Juvenile Justice and Delinquency Prevention).

It is crucial that we finally get it right, there have been billions of dollars spent on experimental programs and grants to study the problems connected to recidivism and cost escalation.nThe juvenile justice system is being criticized from all directions.  Few support keeping the system as it has been. Some want decriminalization of status offenders; others to increase the number of youths transferred to the adult court. An increasingly vocal minority even propose merging the juvenile system into the adult justice system (Bartollas, and Miller p. 352). Technical experts are now identifying numerous areas in both community-based and secure settings in which correctional management can be aided by information technology (IT), including reception and commitment; sentence and time accounting; classification; caseload management; security; discipline; housing-bed management; medical treatment; grievances; programs; scheduling; investigations/gang management; property; trust accounting; visitation; release and discharge; and community supervision. IT that can be applied in so many areas within community and institutional settings, administrators has begun to take advantage of the potential offered by the new technologies “(Bartollas & Miller p. 353).  Along with new discovery come new crimes. What we may save in convenience and efficiency might cost us more money, trying to solve the crimes that come along with the new Technologies. The computer industry has new categories of crimes, such as theft of information, predatory pedophiles, porn solicitation of youth, on line bullying, these all are part of the new frontier.   (Cohn &;Crim 2004).

In the past various methods have applied, some have worked and others have not.  The past reflects the present, the knowledge and wisdom we acquire in the present influences the future. Much depends on the economy, and political policies and statistics of crime recidivism. We cannot control the future or accurately predict it. The only thing we can hope for is that justice is served equally for all.

Reference

Bartollas, C. &  Miller, S. (2008).  Juvenile justice in America (6th ed.).  Upper Saddle River:  Pearson Education

The costs of confinement: Why good juvenile justice policies make good fiscal sense. May 2009, retrieved on February 16, 2011,   from; http://www.prisonpolicy.org/research/juveniles/ 

Cohn A.W. .& Crim. D (2004).  The role of the juvenile court planning the identification of juvenile justice problems and issues  Retrieved on May 15, 2011 from    http://www.uscourts.gov/uscourts/FederalCourts/ PPS/Fedprob/2004-12/juvenile.html’

Florida Office of program policy analysis & government account ability (2010). Redirection Saves $51.2 Million and Continues to Reduce Recidivism Retrieved on May 15, 2011from http://www.oppaga.state.fl.us/Summary.aspx?reportNum=10-38

Grossmann, D. E. & Portley, M (2005). Juvenile delinquency guidelines: Improving court practices in juvenile delinquency cases; Office of Juvenile Justice and Delinquency Prevention, Retrieved on May 15, 2011 from http://www.ojjdp.gov/

Hogan, K. A. Bullock. L M. Fritsch E. J. (2010) Meeting the transition needs have incarcerated youth with disabilities. The Journal of Correctional Education. June 2010 Office of Juvenile Justice and Delinquency Prevention, May 15, 2011Retrieved from http://www.ojjdp.gov

Howell J. C. (2010) Gang Prevention: An Overview of Research and Programs Retrieved from on May 15, 2011from http://www.ojjdp.gov

Lipsey, M. W. Wilson, D.B. and Cothern, L. (2000).  Effective intervention for serious juvenile offenders, Juvenile Justice Bulletin. Retrieved 0n May 15, 2011from www.ojjdp.gov

Multisystemic Therapy-OJJDP Model Programs Guide Retrieved on May 15, 2011 from www.ojjjdp.gov/mpg/ProgramDetails.aspx%3FID%D363

Schiraldi, V. and Ziedenberg, J. (1999). The Florida experiment: an analysis of the impact of granting prosecutors discretion to try juveniles as adults. Justice Policy Institute.  Retrieved from on May 15, 2011from http://www.cjcj.org/jpi

Torbet, P.M. (1996) Juvenile Probation: The workhorse of the juvenile justice system Retrieved May 15, 2011from http://www.ojjdp.gov