1st Theory of Causation (Classical, Neo-Classical, Rational choice, Deterrence)
2nd Theory of Causation Routine Activities Theory
3rd Theory of Causation Theological (Deomonolgy)
4th Theory of Causation Biological (Phrenology and Somatotypes)
5th Theory of Causation Psychological (Behaviorism and learning Theory)
Sociological Theories
6th Theory of Causation: Anomie Theory -- Durkheim
7th Theory of Causation: Strain Theory -- Merton
8th Theory of Causation: Drift Theory -- Sykes and Matza
9th Theory of Causation: Social Disorganization Theory -- Shaw and McKay
Social disorganization theory -- Shaw and McKay
1. Individual factors
2. Social / Economic status factors
3. Family factors
4. Gender factors
5. Race Factors.
5th Category Risk Factors: Race
Trend in race-related delinquency dispositions
Facts about living the life of a black juvenile in the inner city
Social backlash for African Americans as a result of trends in delinquency
Standard of proof required for an adjudicating a juvenile as “delinquent”
Standard of proof required for an adjudicating a juvenile as “incorrigible”
Characteristics defined in the “Scope” of a Uniform Juvenile Court Act (UJCA)
Definition of age in the Uniform Juvenile Court Act?
* Age of the Child: Under age 18 illegal activities will be considered acts of delinquency with the wrongdoer processed by juvenile court in a way that removes the taint of criminality and punishment, and replaces it with treatment and training/rehabilitation.
Child’s behavior triggers Parens Patriae
Behavior of the Child: (protection of society)
*A delinquent act (designated as a crime by statute if committed by adult). The act states an adjudicated delinquent is in need of “treatment or rehabilitation” but the court may resort to incarceration or imprisonment to protect the community against unlawful or violent conduct.
*Status Offenses (CHINS) – Status offenses (not illegal if adult)
Incorrigibility, ungovernable, habitually disobedient, and unwilling to obey reasonable and lawful commands of the parent.
Juvenile can be incarcerated for incorrigibility
Guardian’s behavior triggers Parens Patriae. Who is at fault, and whose protection is at stake
* Circumstance 1
a) Neglected (deprived or abused) Lack of proper care or control, nutrition, education, not due to a lack of financial means -- parental fault. In this case, the parent is subject to be tried in adult criminal court.
b) The parent is at fault.
c) protection of the child
* Circumstance 2
a) Dependent (abandoned) without parent, guardian, or legal custodian.
b) Parent is not at fault
c) protection of the child
Two types of jurisdiction
Protection and culpability under both jurisdictions
* Exclusive jurisdiction -- protection of child
a) Dependent -- no culpability
b) CHIN -- Child not culpable if amenable to treatment
* Concurrent jurisdiction -- Protection of society
a) Delinquent, serious -- Child culpability
b) Neglected -- Parent culpability (protection of child and society)
c) CHIN (rare) -- Child culpable if not amenable to treatment
The action that officially begins the Parens Patriae process
Juvenile court might waive jurisdiction -- and what protection is at stake
* Waiver (this is when they are waiving jurisdiction over to the adult criminal court because of the gravity of the delinquent act)
* The juvenile court had original jurisdiction, they have transferred jurisdiction to the adult criminal court because the juvenile committed a serious crime (in the instance where relegating it to the realm of delinquency would be unconscionable). The juvenile loses Parens Patriae protection of the juvenile court and the emphasis on treatment and rehabilitation. In cases of homicide, the waiver can be automatic.