The second, and quite different option, assumes that policymakers will continue to insist on some version of culpability analysis for parental responsibility in juvenile delinquency cases. If so, this Article proposes that the law turn away from the inappropriate imposition of criminal jurisdiction over parents as conferred by the parental responsibility laws, and instead invest the juvenile court with the power to assert jurisdiction over parents in the dispositional phase of delinquency proceedings.
The delinquency jurisdiction of family courts can more effectively serve to accommodate the legitimate concerns of the parental responsibility laws. To view the content in your browser, please download Adobe Reader or, alternately, you may Download the file to your hard drive. Advanced Search. Privacy Copyright. Hofstra Law Faculty Scholarship. Title Parental Responsibility for Juvenile Crime. Comparable numbers in other countries are 2.
Some of the differences in juvenile homicide incarceration rates are likely to be due to differences in homicide commission rates. In none of the 15 countries surveyed by Weitekamp et al. The Panel on Juvenile Crime: Prevention, Treatment, and Control was asked to identify and analyze the full range of research studies and datasets that bear on the nature of juvenile crime, highlighting key issues and data sources that can provide evidence of prevalence and seriousness; race, gender, and class bias; and impacts of deterrence, punishment, and prevention strategies.
The panel was further asked to analyze the factors that contribute to delinquent behavior, including a review of the knowledge on child and adolescent development and its implications for prevention and control; to assess the current practices of the juvenile justice system, including the implementation of constitutional safeguards; to examine adjudication, detention and waiver practices; to explore the role of community and institutional settings; to assess the quality of data sources on the clients of both public and private juvenile justice facilities; and to assess the impact of the deinstitutionalization mandates of the Juvenile Justice and Delinquency Prevention Act of on delinquency and community safety.
To meet this charge, the study panel and staff gathered information in a number of ways. Relevant research studies were identified through. The panel met six times between June and October to discuss data availability and research findings, identify critical issues, analyze the data and issues, seek additional information on specific concerns, formulate conclusions and recommendations, and develop this report. Four of these meetings were preceded by workshops at which experts presented information on selected topics and engaged in discussions with panel members.
Workshops were held on education and delinquency, juvenile justice system issues, developmental issues relevant to delinquency, and racial disparity in the juvenile justice system.
See Appendix E for workshop agendas. In addition to the workshops, Howard Snyder, research director of the National Center for Juvenile Justice, spent part of one meeting discussing relevant datasets with the panel members.
Several members of the panel made site visits to juvenile detention and correctional facilities in Texas and New York. Study panel members and staff also consulted informally with various experts between meetings. The charge to the panel was extremely broad, covering many topics that merit books unto themselves, and indeed some of the areas have been the subject of more than one recent book.
The panel chose to provide a broad overview of juvenile crime and the juvenile justice system, touching on all the topics in its charge, but going into various levels of depth depending on the amount and quality of data available. In organizing its plan for the study, the panel focused on answering several questions:. What have been the major trends in juvenile crime over the past 20 to 30 years, and what can be predicted about future trends?
What is the role of developmental factors in delinquent behavior and how do families, peers, communities, and social influences contribute to or inhibit that behavior?
What responses are in place to deal with juvenile crime today, are they developmentally appropriate, and do they work? This report reviews the data and research available to answer these questions, suggests areas that require additional research, and makes recommendations about policies for dealing with child and adolescent offenders. The terms juvenile and delinquency or delinquent have specific legal meanings in state and federal law.
In this report, however, the panel uses the term juvenile 3 in its general sense, referring to anyone under the age of 18, unless otherwise specified.
The terms young person, youngster, youth, and child and adolescent are used synonymously with juvenile. For many of the analyses of crime trends in Chapter 2 , juvenile refers to those between the ages of 10 and 17, because those under the age of 10 are seldom arrested. We use the term adolescent to refer specifically to young people between the ages of 13 and The term delinquency 4 in this report refers to acts by a juvenile that would be considered a crime if committed by an adult, as well as to actions that are illegal only because of the age of the offender.
The report uses the term criminal delinquency to refer specifically to the former and status delinquency to refer specifically to the latter. Criminal delinquency offenses include, for example, homicide, robbery, assault, burglary, and theft.
The term juvenile crime is used synonymously with criminal delinquency. Status delinquency offenses include truancy, running away from home, incorrigibility i. In some states, status delinquents are referred to the child welfare or social service systems, while in others status delinquents are dealt with in the juvenile justice system. Following this introduction, Chapter 2 discusses the datasets commonly used to measure juvenile crime rates, examining the relative strengths and weaknesses of each.
The chapter then discusses the trends in juvenile crime rates over the past several decades and how trends differ depending on the dataset employed. Differences in crime rates and. In the context of crime, juveniles are defined as those under a specified age, which differs from state to state, who are not subject to criminal sanctions when they commit behavior that would be considered criminal for someone over that age.
Depending on the state, the age at which a young person is considered a juvenile may end at 15, 16, or This makes the legal use of the term juvenile difficult when discussing multiple jurisdictions. The use of the term delinquency differs from state to state. In some states it refers only to offenses that would be criminal if committed by an adult; in others it also includes status offenses. The chapter ends with a discussion of forecasting juvenile crime rates.
Chapter 3 examines factors related to the development of antisocial behavior and delinquency. Several other recent reports Loeber et al. In this report we have attempted to supplement these other reports rather than duplicate their literature reviews. In addition, this report does not confine its discussion to serious, violent offending. Chapters 4 and 5 cover responses to the problem of youth crime.
Chapter 4 focuses on preventive interventions aimed at individuals, peer groups, and families, interventions delivered in schools, and community-based interventions. Chapter 5 describes the juvenile justice system process in the United States and discusses treatment and intervention programs delivered through the juvenile justice system. Chapter 6 examines the issue of racial disparity in the juvenile justice system, discussing explanations that have been put forth to explain that disparity and the research support for those explanations.
The panel's conclusions and recommendations for research and policy can be found at the end of each chapter. Even though youth crime rates have fallen since the mids, public fear and political rhetoric over the issue have heightened. As previously mentioned, juvenile courts are civil, not criminal. Further, the courts may choose a punishment that they feel best suits the child. Such punishments could include:. Again, different states have different laws concerning parental responsibility and accountability.
As previously mentioned, parents may be held responsible for any computer crimes their child commits. Whether parents may be held liable for cyberbullying is still an unclear area of this fairly recent area of law. As with most issues, these laws vary by state. Some jurisdictions issue fines against the parents of a child who has bullied others. If a state has some sort of Parental Accountability or Parental Responsibility laws in place, there will likely be potential criminal liability for cyberbullying.
The chances of such liability is greatly increased if the victim of the bullying is severely injured, or dies. It is important that parents speak to their children about cyberbullying. With this information, parents may be able to step in and stop the bullying before it goes any further. If your minor child has been charged with a crime, it is imperative that you contact a skilled and knowledgeable criminal defense attorney.
Additionally, an attorney can provide representation in court. Jose Rivera. Law Library Disclaimer. Therefore, minors face lesser penalties in juvenile court than adults in criminal court would receive for the same crime.
It is possible for a parent to face charges if their child committed a crime. The most common charge a parent or guardian may face when his or her child commits a crime is contributing to the delinquency of a minor. You could be charged with this crime if you act or fail to act, and that action or failure to act results in:. To be convicted of this crime, the prosecution must prove your supervision, protection or control over the minor was grossly unreasonable.
For example, you provided drugs or alcohol to your year-old son and his friends, or you caused your daughter to frequently miss school. Contributing to the delinquency of a minor is a misdemeanor in California. Although you may never face criminal charges for a crime your child committed, you may be liable in civil court for any damages caused by the crime your child committed.
This essentially means that you will be responsible for paying for any injuries or damages your child caused. For instance, if your child steals your keys to take your car for a joyride and winds up injuring someone in a car accident, you may be held civilly responsible for paying for the injuries caused by your child. If you or your minor child is facing criminal charges, you should contact an experienced criminal defense attorney immediately.
0コメント