| October 4, 1994 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| The Honorable Pete Wilson Governor of California |
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| The Honorable Bill Lockyer President Pro Tempore of the Senate     and Members of the Senate |
The Honorable Kenneth L. Maddy Senate Minority Floor Leader |
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| The Honorable Willie L. Brown Jr. Speaker of the Assembly     and Members of the Assembly |
The Honorable James Brulte Assembly Minority Floor Leader |
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Dear Governor and Members of the
Legislature:
When police
arrest 14- and 15-year-olds who shrug off cold-blooded, unprovoked
murder as a rite of passage, the rational public response is fear
and anger: How can we protect ourselves? How can we make them
pay for what they have done? And then at the policy-making level,
the secondary but more productive response of perplexity sets
in: How did these children become settled in lives of unthinkingly
vicious, violent crime? What can we do to prevent coming generations
from repeating the pattern?
The Little Hoover
Commission has examined juvenile crime, its roots and its regulation
in a seven-month study and has come to several key conclusions:
The Commission
has explored the basis for and ramifications of these conclusions
in depth in a report that is rooted in academic studies, real-world
experiences and pragmatic solutions. The report, which is being
transmitted to the State's top policy-makers with this letter,
covers six issues and offers 18 recommendations. Chief among
the recommendations are:
The Commission believes it is urgent that the State begin to make the long term changes that are needed to solve the crime problem rather than merely reacting to or containing it. The Commission looks forward to providing policy makers with active assistance in accomplishing the necessary reforms outlined in this report.
| Sincerely,
Richard R. Terzian | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Executive Summary
Introduction
Background
Issues and Recommendations
The State's Role
Appendices
Endnotes
Introduction
| C
alifornia's prisons, jails and youth institutions are overflowing, violent crime has risen alarmingly and citizens feel increasingly vulnerable in their homes, schools and job sites. The academic commentators who study the convergence of statistics, trends and policies see no relief in the future despite tough-on-crime rhetoric and reality. Crime will continue to be a major concern as the State's population growth persists, the economy remains stagnant and a swelling, alienated underclass rejects societal standards of behavior.
A significant, disproportionate and increasing share of California's crime problem is made up of juveniles. In addition, many of the adults in prison today began their criminal careers as youths and teenagers. Thus, any systematic attempt to reduce crime and the societal costs associated with it needs to place a high priority on addressing juveniles.
Having completed a prison-focused review of the adult criminal justice system, the Little Hoover Commission early in 1994 turned its attention to the juvenile justice system. The Commission's investigations led to several overriding conclusions that form the foundation for the Commission's approach to the juvenile justice system. Those conclusions include:
Based on these concepts, the Commission developed a report to reform and improve the juvenile justice system that 1) does not rely on a single solution; 2) focuses on the appropriate role for the State while recognizing that responsibility -- and the best chance for success -- lies at the local level; and 3) places a priority on prevention.
In conducting its study, the Commission convened an advisory group of more than 70 experts (please see Appendix A for a listing of participants) drawn from a cross-section of perspectives that included law enforcement representatives, probation and parole interests, prosecuting and defense attorneys, judges, victims, juvenile advocates, members of the Legislature, state officials, community-based service organizations, academia and others. More than two dozen of the members participated in 36 hours of working-group sessions to develop key concepts and potential recommendations for the Commission to consider (please see Appendix B for a summary of the working groups' efforts).
The Commission also conducted two public hearings, one in Sacramento in March 1994 and one in Los Angeles in May 1994, that were designed to explore issues spanning the entire spectrum of juvenile justice, from the roots of crime, early intervention concepts and crime prevention methods to the role of probation, the juvenile court system and the California Youth Authority (please see Appendix C for an agenda of witnesses). In addition, the Commission's study involved an extensive review of juvenile crime literature, interviews with acknowledged experts in the field of juvenile justice and the tracking of current legislative reform proposals. The result is the Commission's report, which begins with a transmittal letter, an Executive Summary and this Introduction, followed by a Background section. Six issues and 18 recommendations are presented in three chapters: The State's Role, System Reforms and the California Youth Authority. The report ends with a Conclusion, Appendices and Endnotes. | ||
|
Background
| T
he juvenile justice system is a complex web of people and agencies that processes about a quarter of a million youths annually at a cost exceeding $1 billion. To understand the system requires a baseline knowledge of the statistical trends during the past decade that have shaped the system's ability to function and the roles played by the various components of the system.
Academic experts have long recognized that crime is a young man's game. The typical criminal is a male who begins his career at 14 or 15, continues through his mid-20s and then tapers off into retirement. Three statistics demonstrate the disproportionate impact of those under the age of 18 on criminal activity: While comprising roughly one-sixth of the nation's population, they make up a full one-quarter of all people arrested and account for nearly one-third of the arrests for the seven crimes in the Uniform Crime Index (homicide, forcible rape, robbery, aggravated assault, burglary, vehicle theft and larceny). This perspective is echoed by RAND's leading juvenile justice expert, Dr. Peter W. Greenwood: | ||
Somewhere between
30 and 40 percent of all boys growing up in an urbanized area
in the United States will be arrested before their 18th birthday....Although
juveniles account for only a small proportion of the total population,
older juveniles have the highest arrest rates of any age group.
Furthermore, studies of criminal careers have demonstrated that
one of the best predictors of sustained and serious adult criminality
is the age of initiation and seriousness of the delinquent career.
| G
reenwood also notes that 16 and 17 are the peak years for crime in all countries and all states, regardless of culture and geography. He says the fact that a disproportionate share of crime is committed by 10- through 17-year-olds remains true as the population fluctuates: Nationally in 1981, that age group made up 16 percent of the total population and were involved in 34 percent of the arrests, while in 1991 the age group was 13 percent of the population and 28 percent of the arrests.
There is no reliable measurement of how many of California's 3.5 million 10- through 17-year-old youths are involved in criminal activities. Arrest statistics tend to rise as law enforcement ranks increase, decline when minor crime arrests are perceived as a low priority or a futile effort, and fluctuate according to shifts in population age groups. In addition, arrests fall far short of reported crimes (let alone crimes that victims choose not to report). For instance, in 1993 the California Department of Justice recorded a total of 564,307 arrests of adults and juveniles for felonies compared to the more than 2 million felony crimes that were reported as occurring. Nonetheless, arrest statistics are usually cited to document trends in juvenile criminal activity. The graph on the next page reflects juvenile arrests for misdemeanors and felonies for the past 11 years (please see Appendix D for detailed raw data from the California Department of Justice). | ||
| A
s the graph indicates, about 230,000 juveniles were arrested in 1993 (not including 24,000 arrested for so-called status offenses, such as running away or truancy), a figure that continues a slow but steady climbing trend since 1987. Since misdemeanor arrests remained fairly flat (only rising steeply in 1993), the rise has been driven largely by increased felony arrests (except for a drop in 1993). At least part of the increasing number of arrests is due to the population growth of 10- through 17-year-olds. The number of youths in this age range in California remained stable at around 3.1 million from 1983 through 1990. In 1991, the population began to climb, rising from 3.2 million to 3.5 million by 1993, with projected increases through the year 2000. The graph on the next page shows the results when these population figures are taken into account and arrests are calculated as a rate per 100,000 youths. | ||
| A
s the graph indicates, arrest rates have fluctuated, dropping sharply in 1987 and then rising steeply until 1989 when the rate began dropping again. The rate leveled off in 1992 and 1993 at about 6,700 arrests per 100,000 population.
Both the arrest statistics and the arrest rate data are in sharp contrast to the public perception that juvenile crime is increasing uncontrollably. In fact, juvenile advocates often cite the declining arrest rate and fairly flat number of arrests as evidence that there is no need for get-tough hysteria about juvenile crime. They believe their argument is bolstered by general California crime statistics that show most crime incident categories have either held steady or dropped. The California Crime Index (which includes homicide, forcible rape, robbery, aggravated assault, burglary and motor vehicle theft) dropped 3.5 percent between 1992 and 1993, violent crimes decreased 4.1 percent and property crimes decreased 3.3 percent. But a closer examination of the components of the raw arrest figures and the arrest rates for violent crimes indicates why juvenile crime is a focus for the public. Arrests of juveniles for violent crimes -- particularly homicide and assaults -- have climbed rapidly in the past decade, as the graphs below indicate. | ||
| A
s the charts indicate, the number of juvenile arrests for assault and homicide have climbed steeply over the past decade, although the 1990s have been faily flat. In 10 years, arrests for both types of crime more than doubled -- assaults from 5,902 to 12,005 and homicides from 286 to 645. Linking the homicide figure to national statistics indicates that one out of four juveniles arrested for homicide was in California at a time when the state had only 11 percent of the nation'd juvenile population. Driven by the climbing assault and homicide rates, the violent crime arrests have risen sharply in the past decade. The total juvenile arrests for all violent crimes (homicide, forcible rape, robbery, assault and kidnapping) and the arrest rate per 100,000 for violent crimes is shown in the table below:/FONT> |
| TABLE 1 Juvenile Arrests for Violent Crimes 1983-1992 | ||
|---|---|---|
| Year | Number of Arrests | Rate per 100,000 |
| 1983 | 12,321     | 397.7     |
| 1984 | 11,853     | 384.3     |
| 1985 | 12,421     | 401.4     |
| 1986 | 12,541     | 403.7     |
| 1987 | 12,336     | 397.3     |
| 1988 | 13,998     | 453.8     |
| 1989 | 17,469     | 568.5     |
| 1990 | 20,658     | 655.5     |
| 1991 | 21,158     | 655.4     |
| 1992 | 21,549     | 650.1     |
| T
he figures in the table demonstrate that the rate of violent crime by juveniles increased throughout the decade of the 80s, only flattening in the past few years -- but flattening at a rate that is far higher than Californians are used to. The experience in California is echoed by national figures: The U.S. Justice Department recently reported that the number of juvenile court cases involving serious offenses -- such as murder and aggravated assault -- rose 68 percent between 1988 and 1992.
In addition, the perception, fed by media stories and individual anecdotes, that juveniles are causing a disproportionate share of crime is borne out by statistics. At slightly more than 10 percent of the State's population, the 10- through 17-year-olds were arrested in 1992 for 14.3 percent of all violent crimes and 26.6 percent of all property crimes, including:
| ||
| Violence, rather than number of crimes, is key problem | W
hat can be concluded from all of the statistics above is that California suffers not so much from an ever-increasing flood of juveniles committing crimes (as indicated by arrests) as from a growing number of violent juveniles. According to the Legislative Analyst's calculations, since 1987 the rate of juvenile arrests for violent offenses has increased 63.7 percent compared to a 20.2 percent increase for adults. The increasingly violent nature of juvenile crimes is also reflected in California Youth Authority statistics about new admissions to its facilities: While the proportion of violent juveniles held steady around 40 percent from 1983 through 1989, the proportion of violent new admissions rose steeply in 1990 to 47.6 percent, in 1991 to 51.3 percent, in 1992 to 57.2 percent and in 1993 to 59 percent.
The changing type of juvenile crime is addressed by a system that structurally is largely the same as it was when it was created at the turn of the century, although its processes have gone through several overhauls. The system is distinctly different from the system that handles adult offenders. This is true even at the first point of contact: The police officer on the beat has discretion to counsel and release a youth, take him to his parents or school, informally refer him to a community program, issue him a citation or take him into custody and deliver him to a probation officer. The juvenile courts require that officers use the option that "least restricts" the juvenile's freedom while at the same time protecting community safety.
In a vacuum, the officer might make a decision among these many discretionary choices based on his belief of what would best meet the needs of the child and divert him from further illegal activity. But in the real world, the officer's decision is often driven by the knowledge that the system is overloaded and the potential result is little more than an admonishment in all but the most serious cases of crime. If the officer cites or arrests the juvenile, then -- unlike an adult arrest -- the matter is not immediately referred to the district attorney for prosecution (although a juvenile cannot be detained in custody without a hearing). Instead, juvenile cases are sent to the county's probation department, which has wide discretion, after performing an investigation and assessment, to determine whether to refer the matter to the district attorney or take other measures, including referral to a community program, informal supervision and release to home supervision. Over the years, critics have argued that all citations and arrests should go directly to the district attorney, but analyses and pilot projects have demonstrated that typically probation departments do refer all serious matters to the district attorney, retaining and addressing only the cases that are highly unlikely to be selected for prosecution if they were referred. | |
| Juvenile courts today operate much like adult criminal courts | T
he next component of the system is the juvenile court, where players include the judges, defense attorneys or public defenders, probation officers and the district attorney. Originally created to be a swift, confidential mechanism for getting youths treatment and services, the juvenile courts operate today much like adult criminal courts because of changes in law, court rulings and public attitudes (as will be examined in Issue 2). The juvenile court, however, remains a civil rather than criminal system. Juveniles are not charged with crimes and prosecuted; petitions are filed seeking court action. Juveniles are not found guilty; the petition is sustained or dismissed. Juveniles are not sentenced as a punishment; their case disposition reflects the court's view of the best treatment to meet their needs. Juvenile court judges have much wider discretion than adult criminal court judges in ordering actions. As the Commission detailed in its adult criminal justice system study, adult court judges set sentences by selecting from various ranges prescribed in law, justifying their decisions based on the facts of the case and legislatively set priorities. Juvenile judges have no such rigid guidelines, although they are constrained by constitutional considerations (not setting confinement for longer than maximum adult terms) and Judicial Council rules. They may decide to place a youth on probation, leaving him in his own home; make the youth a ward of the court and impose formal probation (including time in juvenile hall); or order placement in a private foster home, group home, county facility, private program or California Youth Authority facility.
While the judge has considerable discretion over options, he or she does not actually set a commitment time if the most serious step of sending a youth to CYA is taken. That is determined by the California Youthful Offender Parole Board, which works within the parameters of Board-adopted sentencing guidelines, the maximum adult sentence for similar crimes and the chronological age at which the juvenile system loses jurisdiction over the individual (21 or 25, depending on circumstances). At the tail end of the system is the California Youth Authority, known as the juvenile placement of last resort. Like county-run or county-contracted programs, the CYA facilities focus on treatment, education and vocational training rather than pure punishment. The CYA operates 11 institutions and provides post-institution services through a parole program. The department has 5,187 employees and a 1994-95 budget of about $400 million. | |
| Juvenile justice system spending pegged at more than $1 billion | T
he CYA funding is the most easily idendifiable portion of the total cost of the juvenile justice system, along with about $46 million in juvenile crime prevention grants funneled to local governments and organizations by the state Office of Criminal Justice Planning. County funding (boosted by federal and state subsidies for court costs, juvenile placements, etc.) covers law enforcement, court, prosecution, public defense, probation and a variety of social service costs. In many cases, specific county departments -- such as sheriff's and probation -- deal with both juveniles and adults, making a cost breakout solely for juvenile responsibilities difficult. The Legislative Analyst's Office has pegged the total cost for adult and juvenile probation services at $770 million.
In response to a Little Hoover Commission survey of the 15 largest counties, the 10 counties that supplied fiscal data showed combined juvenile probation spending of more than $344 million in 1993-94. This includes Los Angeles County, which spends almost $200 million, is home to 25 percent of the juvenile arrests statewide and accounts for close to 40 percent of new commitments annually to the CYA. The $1 billion is an investment -- not just in public safety through the selective incapacitation of young criminals, but also in the concept of rehabilitation for juveniles to divert them from a future life of crime. How the investment is structured and whether the outcome justifies the structure is examined in the following chapters. | |
The
State's
Role
Recommendations:
|
The State's
Role
| F ighting crime is not within the purview of any single program or any one level of government. As a recent report entitled "Confronting Violence in California" concluded: |
The prevention of
violence and crime can never be effectively built upon only one
strategy because violence is the product of many factors. A comprehensive
approach is needed that addresses prevention, intervention and
detention.
| S
uch a comprehensive approach to crime will cross turf and jurisdictional lines, pay little attention to artificial budgetary barriers and shift the focus from "it's not our responsibility" and "who will pay for it?" to "what will work?" and "how can we get it done?" There are signs that many communities already are moving in that direction, creating coalitions, providing specialized services and targeting localized factors that contribute to crime. But results are erratic and success is sometimes difficult to replicate.
Any credible examination of the juvenile justice system must acknowledge the multi-level and multi-disciplinary nature of the system, of the causes of juvenile crime and of potential solutions. The mandate of the Little Hoover Commission, however, is to examine state programs, policies and procedures and make recommendations to improve their effectiveness and efficiency. The Commission's approach, therefore, was to scrutinize the juvenile justice system, discern its flaws and then look for the appropriate state role in addressing those concerns. The result is this chapter, which in three issue areas addresses the need for the State to provide coordinated leadership, the fraying consensus for a separate juvenile justice system and the consequences of budget priorities that have shifted spending away from prevention and towards detention. | ||
Issue 1: While crime is
local in nature and impact, the State must provide meaningful
leadership in shaping juvenile antiviolence and crime prevention
efforts.
| W hile the many components that feed a rising violent juvenile crime rate are beyond the control of state government, there are functions the State can perform to empower local communities and governments to mount aggressive anti-crime campaigns. In addition, there are steps the State can take to encourage a societal shift in attitudes about violence and its pervasive use to settle conflicts. While in the past some state programs focused on prevention activities, today there is no effective centralized point of authority and accountability for anti-crime efforts -- despite the existence of several bodies purportedly dedicated to that purpose. | ||
| Juvenile crime is attributed to many family, societal failings | T
he natural question to ask in pursuit of reducing juvenile crime is "What is causing it?" Unfortunately, the answer is not simple. Common sense, stereotypical conclusions and gut instinct can produce a laundry list of causes that seem realistic: Families are breaking up and there are too many single parents struggling to cope with demanding jobs and raising children; inner cities are blighted and the lack of jobs and overt discrimination there create a sense of hopelessness; no one is teaching children solid societal values and self-discipline; instant gratification has become the driving force for children because of poor parenting, too much television and rife consumerism.
The list, however, ignores the fact that plenty of children in single-parent homes grow up crime free; many children emerge from the inner cities to lead productive lives; some juveniles become criminals regardless of their enriched upbringing, bright futures and high expectations; and despite the perceived shortcomings of modern parenting, more than 3 million Californian youths each year become adults without ever entering the juvenile justice system. The generalizations, however, are on the right track, according to experts who have closely studied juvenile delinquents. Poor parenting practices and a lack of parents taking responsibility for their offspring are at the root of juvenile delinquency. Schools, where problems with individual children first become apparent to others than family and friends, have no systematic, proactive way of addressing troubled youths. The result of inaction by parents and schools is disorder: children without boundaries in an environment where rules are meaningless. Once parents and schools have failed, society reaps the bitter harvest of crime. | |
| Academic experts focus on family setting, early school experience | T
hese generalizations, however, are not specific enough to be useful in targeting at-risk children and fashioning meaningful solutions. A sampling of conclusions from experts follows:
Hill M. Walker, associate dean and professor at the Center on Human Development at the University of Oregon, has found that initial family conditions are the major factors that turn juveniles toward anti-social activities and, eventually, crime. In family settings that are full of abuse, poor behavior modeling and deviant parenting "the children learn how to be coercive and aversive to succeed in the family. They bring this pattern to school and it works, but it causes rejection. Their best friends are other anti-social kids," says Walker. The result is a peer group of social deviants who share similar anti-social values, activities and thought processes.
Walker, who has been conducting an on-going study of 40 troubled juveniles and 40 control group youths since 1984, says that it is possible to predict with 80 percent accuracy by the third grade those who will go on to commit crimes based on a five-minute teacher rating of social skills, two 20-minute observations of negative and aggressive behavior on the playground involving peers and the number of discipline contacts with the principal's office. But it is parenting practices that are the surest predictor of trouble in the future, he says. Five elements of parenting can be positive or negative influences:
Harvard professors Stephen Buka and Felton Earls write that the single strongest individual predictor of violence is anti-social behavior -- such as lying, stealing, aggression and dishonesty -- during late childhood and early adolescence. Echoing Walker's assessment of parenting practices that make a difference, the Harvard experts found delinquency and violence linked to lack of parental supervision, parental rejection, lack of parental involvement and poor disciplinary practices. Other family factors that are linked to a child's delinquency are criminal behavior by family members, child abuse or neglect, poor marital relations, parental absence and large family size. Beyond anti-social behavior, the characteristics of the children themselves that are linked to delinquency include low IQs, attention deficit hyperactivity disorder, learning disabilities, poor motor-skill development, prenatal and perinatal complications, minor physical anomalies and head injury.
Northeastern University professor George L. Kelling and cultural anthropoligist Catherine M. Coles cite disorder -- the elementary defiance of rules and conventions without incurring consequences -- as a key ingredient that leads to crime. Quoting Wesley Skogan's Disorder and Decline, Kelling and Coles find that there is a broad consensus on what constitutes disorderly behavior; that disorder is a precursor to serious crime; and that disorder further enables urban decay. They argue that when the New York subway system was allowed to enforce antipanhandling laws -- thus eliminating "disorder" -- subway robberies were cut by 52 percent and all felonies on the system by 46 percent in four years. Applying their reasoning to the juvenile justice field highlights the need for children to be raised with structure in their lives and respect for authority.
The American Psychological Association's Commission on Violence and Youth developed lists of developmental predictors of future violent lifestyles and societal factors that contribute to violence.
RAND expert Greenwood calls the risk factors contributing to juvenile delinquency and violence "fairly well known." He described them eloquently in testimony to the Commission: | |
They include alcoholism,
drug use or mental health problems among parents, poor prenatal
health care, inadequate or inconsistent parenting, abuse and neglect,
criminogenic neighborhoods, problems in school, inadequate bonding
with pro-social community institutions, involvement with delinquent
peers and poverty....An increasing involvement in street-level
drug selling, the increased availability and firepower of firearms
and the glorification of violence in movies, videos and rap music
are all factors that are consistent with increasing violent crimes,
but not property crimes, among the young. Add to these the increasing
animosity and tensions caused by recent immigrant groups displacing
or competing with impoverished African-American and other groups
residing in urban areas; the decline of the public schools and
diminishing blue-collar employment opportunities in inner cities
and the recipe is clear. Recent increases in youth violence appear
to be caused by demographic, economic and social trends over which
individual families and youth have little influence.
| T he California Task Force to Promote Self-Esteem and Personal and Social Responsibility addressed the causes of juvenile crime in its final report, noting that they are so varied that a single explanation or single response will not work: |
Deviant behavior
is too often the result of an unstable and unloving home life;
alienation from social groups such as school, church and the community;
economic inequities; and cultural and racial discrimination --
all crucial to building self-esteem....[Research over the past
20 years into the effects of child abuse indicates a causal relationship
between abuse, neglect and emotional deprivation and juvenile
delinquency. In such people, crime and violence may become ways
to compensate for feeling shameful, powerless and worthless; these
may be desperate attempts to gain power and esteem. In addition,
children treated violently by their caregivers learn that violence
is an acceptable reaction to conflict and frustration, and they
adopt this behavior as adults.
| T
he Little Hoover Commission's advisory group identified five factors that cause, contribute to or enable violence by juveniles, including:
The Senate Office of Research says the cost of violence in California, including medical care and lost job productivity, totals $72 billion a year. Factors contributing to violence that were identified by the office include:
The Commission on the Future of the California Courts, writing in its final report about juvenile justice said: | ||
Today's family
dysfunction is a harbinger of tomorrow's court dockets. Absent
a concerted effort to mend the social fabric, the consequences
of family disintegration will continue to be a burden to the courts,
the public schools and society itself....[J]uvenile delinquency
is closely associated with unsatisfactory family relationships,
education, neighborhoods, peer groups, socioeconomic status, and
lack of verbal and problem-solving skills.
| T
he U.S. Department of Justice identifies five categories of causes and correlates of juvenile crime:
The Children's Advocacy Institute addressed juvenile delinquency in its California Children's Budget 1994-95, concluding that the problem is driven by a mix of factors including the breakdown of families, a degeneration of values and civility, cultural preoccupation with physical conflict, poverty, gangs and peer pressure, and drug abuse.
The Violence Research Foundation looks to diet and body chemistry as a major cause of violence. The Foundation believes that its research demonstrates that violent offenders display substandard levels of essential nutrients and high levels of substances such as zinc, cadmium, manganese and lead.
The California Youth Authority identifies poor family attachment and poor parenting behavior, a history of child abuse and maltreatment, and low commitment to school as the primary correlates of delinquent behavior. Biological factors that contribute to crime include acute psychotic states, brain injury, tumors, infections or degenerative diseases, chronic neurotoxic brain conditions (including substance abuse) and birth defects (including fetal alcohol syndrome). The CYA says recent studies indicate that delinquency occurs in an orderly fashion over time, with three major pathways:
| ||
| Root causes: cyclical family problems, lack of community effort | T
he lists by these expert sources share in common a litany of failure by families and other institutions that have historically established social values and set standards of behavior. The reasons are many. Parenting is a learned skill, traditionally passed on through modeling, observation and experience. In a mobile society where families are often isolated from older generations, poor parenting practices and abusive situations become cyclical problems, passing from one generation to the next. Schools, another traditional source of societal stability, have sidestepped teaching right from wrong and the Golden Rule, providing little in the way of a moral compass for their students. Churches and organized religion are not part of the daily lives of many people. And litigation and large jury verdicts have made it prohibitively expensive for many community organizations to offer the types of services and programs they did in the past. In a paper prepared for a family policy seminar, officials observed: | |
What once were
primarily family functions -- teaching children, growing food,
making clothing, building housing, instilling moral values in
the young, caring for elders -- have been gradually reallocated
to schools, businesses, churches and other formal institutions.
Ironically, many of these same formal institutions now lament
that their workers, students and parishioners are deficient in
motivation, discipline, cooperativeness and other traits because
of the decline of families.
| I
n addition to the failure of the family structure and social institutions, the experts cited above and others tend to focus on three major factors that they believe drive crime and violence: the easy availability of guns, the strong link between alcohol abuse and violence, and the desensitizing influence of the glamorous portrayal of violence in a wide array of media.
Guns: The growing use of guns has increased the likelihood that crime will be violent and deadly. The U.S. Justice Department has reported that in 1992 the use of guns in crime soared dramatically over averages for the previous five years. Handgun homicides increased 24 percent over the five-year average and the use of guns in crimes increased almost 50 percent.
Other research indicates that, despite laws against ownership by minors, guns are often in the hands of juveniles. A National Institute of Justice survey of 835 incarcerated juveniles and 758 male students in 10 inner-city high schools found that 83 percent of the inmates and 22 percent of the students possess guns. Fifty-five percent of the inmates said they carried guns all or most of the time before being incarcerated and 12 percent of the students did so. Two-thirds of the students said it would be easy to acquire a gun. The main reason cited for carrying guns was self-protection.
The National Council on Crime and Delinquency has stated that its analysis of juvenile crime trends shows that the single most important factor is the increasing availability of guns. | ||
| State has aggressive anti-gun laws; rigorous enforcement s needed | C
alifornia has been comparatively aggressive about limiting juvenile access to guns through statutes. State law forbids the sale of handguns to those under 21. While the law enforcement response to crimes that are committed with guns comes from local police and sheriff departments, oversight of laws that limit access to guns falls under the jurisdiction of the state Department of Justice.
The Department's responsibilities have increased greatly, according to a manager with the Department's Firearms Program, with the passage of laws on certifying firearms dealers, tear gas and pepper spray owners, assault rifle owners and those who have completed firearms safety courses. While the program's staff has grown, lack of resources has hindered the immediate implementation of all the audit and processing functions needed to rigorously enforce laws that restrict gun access, the manager says. For instance, while the Department has had the authority for some time to investigate firearms dealers, there have been insufficient resources to do so routinely and on a regular basis. The manager said by shifting priorities the Department now expects to institute an ongoing inspection effort within the next six months that focuses on who firearms dealers are selling guns to and how they are documenting required information.
While improving enforcement of existing laws is
touted by many as a major step toward decreasing
access to guns, others believe it is just a beginning.
An instructor at the Johns Hopkins School of Hygiene
and Public Health summed up the gun factor: | |
|
The recent epidemic in youth homicide is almost entirely an epidemic of gun violence.
Significant reductions in the most lethal forms of youth violence cannot be expected to
occur if the availability of guns to youth is not curtailed. This requires greater
restrictions on handgun sales, more controls on those licensed to sell guns, more
intensive efforts to combat illegal gun trafficking by law enforcement with the
cooperation of communities, and parents removing guns from the home. | ||
| A lcohol: Just as guns accelerate the violence of crimes, alcohol is often directly linked to violent
criminal behavior, studies have found. Although
other drugs are often the focus of public policy
and law enforcement efforts, their use tends to be
linked to property crimes (such as burglaries to gain
money to buy drugs), according to the Pacific Center
for Violence Prevention, while alcohol use has a strong
link to violent crime. A U.S. Department of Justice
study showed that 54 percent of people in state
prisons on convictions of violent crimes had used
alcohol just before the offense. A variety of studies
have linked alcohol use to 50 to 66 percent of all
homicides, 20 to 36 percent of all suicides and 37
percent of trauma cases.
Also similar to guns, alcohol is not merely an
adult problem despite age restrictions on its use. A
national survey of students showed that 14 percent
of eighth graders, 23 percent of 10th graders and 28
percent of 12th graders had consumed five or more
drinks in a row on at least one occasion in the past
year. It is estimated that 10 percent of youths
convicted of homicide used alcohol at the time of the
offense, 31 percent convicted of robbery, 25 percent
convicted of assault and 9 percent convicted of sexual
assault. | ||
| Lack of Resources stymied tough oversight of alcohol sales to minors | While crimes involving alcohol are handled by
local law enforcement agencies, the primary
regulatory body that oversees the sale of
liquor is the state Department of Alcoholic
Beverage Control (ABC). The chief deputy director
says that while the department pursues a balance of
prevention and enforcement activities, it has always
believed a more rigorous enforcement effort would
provide a greater deterrence and keep alcohol out of
the hands of minors. Such an effort is difficult in an
era when the ratio of inspectors to licensees has
dropped to one to 500 outlets. Twenty years ago, the
department had 209 investigators to cover 51,565
licensed outlets. By 1993-94, the number had
dropped to 142 covering 72,064.
The ABC chief deputy director says that
repeated academic studies have reached the same
conclusion that the department has: that lack of
resources is the primary stumbling block to more
aggressive enforcement. The State could also provide
more effective leadership for local law enforcement
efforts if there were more resources earmarked to
battle illegal alcohol consumption, the ABC official
says. He notes that a "use it, lose it" law that ties
juvenile alcohol possession and consumption to the
ability to have a driver's license has not been very
effective because courts do not uniformly apply the
sanction and the Department of Motor Vehicles often
is not notified of the violation so they can block
licensing. In addition, decoy programs that would
detect unlawful sales of alcohol to minors are often
not a priority for local law enforcement, a situation
that could improve with better state support.
Glamorization of violence: A contentious issue
that draws less wholehearted agreement than gun and
alcohol use by juveniles is the depiction in a wide
variety of media of violence as glamorous and exciting.
Dr. Carole Lieberman, a nationally active critic of the
media, believes that studies document that media
violence is the number one cause of crime and acting
out by juveniles. Calling media violence a drug and an
addiction, she said that the psychological and
biological reactions to viewing violence show that a
person's tolerance builds up and that the result is the
creation of more and more violent generations. | |
| Media violence contributes to problem when propensity exists | O
thers, however, including Dr. Ed Donnerstein of
the American Psychological Association's
Commission on Violence and Youth, see the
constant barrage of violence in the media as
adding to a predisposition toward violence rather than
causing it.
| |
| Multiple causes makes prevention a 'kid-by-kid' undertaking | T
he factors driving juvenile crime are many, as indicated by all of the elements identified by
experts above, and for any single child who
becomes delinquent the specific combination of family
breakdown, school experience or negative societal
influences may be quite different. Paraphrasing one
state official, prevention is a kid by kid thing. Fixing
any single aspect of the factors driving crime -- even
if possible -- holds little promise of success. But
providing a life context where the resiliency of children
will be strengthened rather than battered has become
the goal of many who are involved with juveniles. The U.S. Department of Justice says that community mobilization can be an effective weapon in combatting gangs and lowering delinquency rates:
| |
| [I]nnovative and committed individuals, groups and community organizations [working] together can improve the quality of life in their communities and, if necessary, reclaim
the communities from gangs and other criminal elements. Such groups include youth
development organizations, churches, tenant organizations and civic groups. | ||
| T
he Department quotes a Carnegie Council study
that concluded that community-based youth
programs can provide the critical community
support necessary, in conjunction with family-
and school-focused efforts, to prevent delinquency.
"The Council found that many adolescents are adrift
during non-school hours and can be actively involved
in community-based programs that provide
opportunities to develop a sense of importance, well-being, belonging and active community participation.
Through such programs, risks can be transformed into
opportunities."
In that mold, many communities and
organizations in California have begun to find creative
ways to reach troubled youth who are not learning
solid values or achieving a sense of belonging and
responsibility elsewhere. The City of Sacramento and
others, for instance, are using school facilities late at
night to attract teenagers with time on their hands for
shared activities. The National Clearinghouse for
Alcohol and Drug Information lists no fewer than two
dozen community programs in California working with
juveniles and substance abuse problems. In addition, the League of California Cities is sponsoring an "Investing in Our Youth Task Force" to focus on crime prevention strategies for juveniles and to stockpile examples of city ordinances, programs, collaborations and other mechanisms that work as a inspiring reference source for all cities. Many local government and community programs target gangs, including Los Angeles' Gang Alternative and Prevention Program, Hayward's Community Access Team, San Diego's Triple Crown program and Los Angeles' Gang Resistance Education and Training. In many locations, schools, district attorneys and city police are focusing on truancy and cracking down on curfew violations as ways of reducing the opportunity for crime. Solutions are being tackled by foundations and charitable organizations as well. The California Wellness Foundation has a five-year, $30 million program to raise the visibility of violence and treat it as a public health issue. Guns, alcohol and the lack of prevention programs are the Foundation's chief focus. The Legal Community Against Violence Fund is gathering resources to support legislation to curb the use of assault weapons. The Carnegie Corporation has spent $1.5 million on violence prevention since 1990, including $675,000 on a project to modify media portrayals of violence. As reported by The Chronicle of Philanthropy:
| ||
| Says David M. Nee, executive director of the Graustein Memorial Fund in New Haven, Conn., "I think we are seeing the beginning of a national mobilization of grant makers
against violence. Everybody is in a `mad as hell, can't stand it anymore' state." Grant
makers have been using a wide range of strategies....[F]oundations are beginning to
award sizable amounts of money to control guns and gangs, to conduct public opinion
polls and public education campaigns, to make schools safe and train student mediators,
to support community policing and ease racial tensions, and to prevent violence against
children, women, the elderly and homosexuals. | ||
| Scattered efforts allow tailoring for local conditions but leave gaps | T
he advantage of the scattered efforts that are
bubbling up in various communities is that they offer the multi-disciplinary, multiple strategy
approach that is widely acknowledged as
necessary to address the many roots of crime. The
disadvantage, however, is that there are huge gaps in
services, with programs reaching youths on only a hit-or-miss basis depending on where they happen to live
and the energy expended by local organizations and
volunteers.
A traditional role of state government has been to ensure statewide standardization of programming so that those at one end of the State can find the same services to meet needs as those at the other end. Even those who are frustrated by the uneven nature of community programs, however, are not suggesting that the State should target juvenile crime by mandating a specific array of services and programs. Top-down enforcement of solutions that would meet the diversity of needs throughout the State strike many as a concept that is impossible, too authoritarian and destined to fail.
Writing about the delicacy required to use the
clout of state government to empower families and
communities, experts at Pennsylvania State University
urged that states strive for policies that are family-centered, preventive and "decategorized," meaning that
regulations, eligibility criteria and other rules should be
more flexible to allow combined funding streams and
services. Among the principles outlined at a
Pennsylvania Family Policy Seminar was that the "first
presumption of policies and programs should be to
support and supplement family functioning, rather than
substituting for family functioning." Testifying to the Little Hoover Commission about the proper state role, the California Youth Authority said that while history shows that the juvenile justice system has been a shared state-local responsibility, prevention activities have been primarily local activities:
The state role is limited to advising, evaluating, coordinating and providing technical
assistance and information. Indeed, the juvenile justice system in its entirety is
somewhat limited in its ability to fundamentally alter the causes and correlates of juvenile
crime. Rather, the Youth Authority believes that the most effective approaches to
prevention of youth crime and delinquency are those which address the fundamental
transfers of societal values to our young. The values of personal self-worth, sense of
community and responsibility are most frequently transmitted by families, by schools, by
religious communities and by the society as a whole. When these instruments of
society, these conduits of values communication, cease to function effectively, we find
ourselves forced to develop corrective -- not preventive -- strategies to issues such as
juvenile crime. | |
| Several State bodies share role of fighting juvenile crime | A
s the most visible state component of the juvenile justice system, the California Youth
Authority has a statutory obligation to promote
prevention activities. But the CYA is not alone
in being entrusted with this mission at the state level.
A brief description of mandates and programmatic
efforts follows:
| |
| 'Comprehensive state plan' driven by funding streams rather than needs | T
he list above makes it impossible to accuse the State of ignoring juvenile crime and the need for
prevention activities. But observers of the
juvenile justice system have criticized the many
state components as too scattered to be effective.
For instance, OCJP's "comprehensive state plan" is not
compiled in one document but instead is fragmented
into several pieces that can be found in applications
for federal block grant funds: the Children's Justice
Act grant, the Juvenile Justice and Delinquency
Prevention grant and the Anti-Drug Abuse Statewide
Strategy Drug Control and System improvement grant.
Regardless of the value of each individual plan, they
apparently are driven, not by a comprehensive review
of California's crime problem and an assessment of the
best strategies to address that problem, but by the
existence of specific categories of federal funding.
In addressing the issue of effective state
leadership, the Legislative Analyst's Office told the
Little Hoover Commission that both the CYA and OCJP
produce research and results from pilot projects that
are never used because there is no mechanism to
transmit the information to local communities and
governments. What is needed, the analyst argued, is
a central point of leadership, not as a directory body
but as an advisory one that could facilitate an
exchange of useful information.
| |
| Expertise is neither pooled nor shared, hampering efforts | T he Commission also heard from a community activist who wanted to focus on juvenile crime and who reported making between 40 and 50 phone calls trying to find information about programs that work. A county official said a successful program in his area grew out of a televised report from another state rather than from any sharing of successful efforts by other California communities. And a state official with OCJP acknowledged that it would be difficult for community groups or lay people not familiar with the juvenile justice system to access the State's expertise since there is no single point of accountability. The California Youth Authority also recognizes the problem, not just with state entities but also with the quality of information available to work with: | |
Most crime and delinquency prevention efforts are piecemeal with no clear definition or
scope of understanding of the problem they target. Little information is available that
allows people who want to tackle problems to see where the problems are and how best
to deal with them. For example, the California Department of Justice stopped collecting
juvenile probation referral and disposition data in 1989. Also, schools are no longer able
to collect and forward the necessary type and quality of data that would contribute to
delinquency prevention planning. In addition, information is lacking about current
programs that show promise for replication in other areas. Adequate programming can't
succeed without planning. Adequate planning rests on information that describes the
scope of the problem.
| T
he general consensus, then, is that while the
State is doing many things about juvenile crime
prevention, the efforts are neither well
coordinated, accessible or effective. Critics of
the present structure believe the State's role in crime
prevention could be enhanced in three areas:
| ||
| State's pivotal role: inspirational leader and program facilitator | W hile the State can correctly take the stance that juvenile crime prevention is a job most effectively tackled locally, the State has a pivotal role to play as a leader and facilitator of community inspiration and action. Despite this, no single state entity is taking the lead in promoting prevention strategies in a way that is accessible to communities hungry for such help. The result is that many communities remain locked in hopelessness or waste time and resources reinventing the wheel to form programs that will work. |
| Recommendation 1: The Governor and the Legislature should consolidate juvenile anti-crime efforts in a single agency to provide strong leadership and accountability for results. |
| While the State has several bodies that are
mandated to focus on a statewide approach
to juvenile crime prevention, there is little
coordination and many of the most important
duties that could be performed by the State are not.
While being careful to avoid placing another layer of
bureaucracy on top of existing state programs, the
Governor and the Legislature should create a
consolidated body at the highest level of state
government that can better focus existing juvenile
anti-crime efforts and expand into productive areas,
including providing information and identifying
successful strategies that can and should be emulated
by communities. The specific mandated duties should
include:
|
| Recommendation 2: The Governor and the Legislature should adopt legislation directing the Board of Education in conjunction with the Department of Education to evaluate and promote the use of effective and conflict resolution curricula in public schools. |
| Many public and private schools already incorporate programs in their curricula that deal with conflict resolution, personal responsibility and decision-making processes because of the potential for reducing misbehavior, violence and crime at schools. But little credible information is available about programs that are effective and criteria that could be used to select appropriate programs based on a school's population and needs. As noted earlier, schools already face many mandates that restrict their flexibility in providing students with daily lessons. Providing an outcome-based assessment of various programs would give schools the option of including conflict resolution materials in their curricula that would be suited to their specific needs. |
|
Recommendation 3: Law enforcement officials at all levels of government should increase their emphasis on enforcing existing laws regarding firearms and alcohol.
|
| Continuing fiscal crises at all levels of government make it impossible to fully fund all programs at desirable levels. But because of the huge long-range cost of juvenile crime and the clear links between guns, alcohol and juvenile violence, policy makers should place a priority on enforcing existing laws that keep guns out of the hands of juveniles and existing laws that prohibit alcoholic consumption by juveniles. |
| While the juvenile justice system was
established with the underlying concept that
most children can be salvaged and turned
from a life of crime and thus should be
handled differently than adult criminals, there is steady
pressure to blur the distinction between juvenile and
adult court. Some of the pressure has come from
court decisions that have brought increasing due-process protection to juveniles. Other pressure comes
from the public, where the reality of increasingly
violent crime perpetrated by juveniles has created a
groundswell for treating children as adults. Still other
pressure comes from those who work within the
juvenile justice system and see that it has lost its
ability to clearly link consequences to actions. Since
the system involves the discretionary action of many
of the parties involved (police officers, probation
officers, judges and district attorneys), an overarching
policy statement that resolves conflicting pressures and
philosophies is critical to achieving consistency and
equity.
California, like the rest of the nation, has gone
through a variety of phases in dealing with juveniles
who have committed crimes. During much of the
1800s, juveniles were mixed in with adults, both in
judicial proceedings and confinement facilities. The
turn of the century brought the separation of juveniles
into special facilities and special courts, but juvenile
justice was largely a county-by-county system that
lacked integration and consistency. In 1883, California
adopted its first juvenile probation law and in 1903 the
State's juvenile courts were established. In 1941, the
California Youth Authority was created, representing a
sharp move toward integrated programs, punishments
and approaches driven from the state level of
government and serving as a model for the nation as
rehabilitation became the primary goal of dealing with
juvenile delinquents. The juvenile justice system is rooted in the medieval English doctrine of parens patriae, the concept that the state should step into the role of parent whenever a child's welfare is threatened. RAND's Greenwood describes the three premises underlying the juvenile court as follows:
Protection of public safety and punishment are also stated goals of today's juvenile justice system -- but if they were the only goals, then there would be no need to differentiate between juveniles and adults or to have a separate legal system. While the maturity of teenagers and the sophistication of the crimes they commit may be vastly different now than they were 50 years ago, the system remains designed to treat juveniles as individuals who are still capable of changing their behavior, their thinking and their lives if the correct outside influence is provided.
| ||
| Court rulings have pushed juvenile system closer to adult | W
hile the design is largely unchanged, the
system has not remained static over the
years. A basic characteristic of the original
juvenile court system was an informality in
procedures and decorum. In the mid-70s, however, federal courts determined that juveniles were not being accorded their constitutional due-process rights and were being improperly confined for periods far in excess of adults who had committed similar crimes. Soon the juvenile court proceedings became more adversarial and time-consuming, with prosecuting and defense attorneys taking part and motions and counter-motions often replacing the previous focus on meeting the needs of the juvenile. Today, the main remaining elements of the criminal justice system that are missing from the juvenile court room are a jury, bail and openness to public scrutiny. Juvenile advocates have lauded the changes as providing fairness and equity for juveniles who previously faced the potential of being railroaded through the system unassisted by legal expertise. But critics note that the focus of juvenile hearings has shifted to procedural matters that often have little to do with guilt or innocence. Timeliness also has gone by the wayside, with hearing delays frequent and frustrating for those involved. Others say that long delays and repeated hearings reinforce the predisposition of youths to believe that consequences are not worth worrying about because they are in some distant future that may never come.
| |
| Public consensus on rehabilitation goal of system has eroded | A
t the same time youths were gaining procedural protections in the courts, they were losing
empathy in the court of public opinion. Rising
crime rates and a backlash to perceived
"coddling" of juvenile delinquents led to public pressure
for tougher responses to juvenile crime. This coincided
with studies during the mid-70s that cast doubt on the
effectiveness of rehabilitation programs in reducing
recidivism. As one history concludes:
| |
|
The indictment of the rehabilitative model, along with growing public concern over crime,
propelled a search for an alternative. Conservatives traditionally viewed the philosophy
of rehabilitation with derision because it conflicted with their notion of deterrence and
reciprocity through punishment. Liberals, lamenting the juvenile justice system's historic
emphasis on custody and control, abandoned their traditional support for rehabilitation as
impractical. As a result of this dissension, rehabilitation experienced a precipitous decline
throughout most of the United States during the 1980s. | ||
| Punishment was added to the juvenile court
statute as a rationale for dispositions of cases --
but rehabilitation was not removed as the main
goal despite sporadic efforts by some policy
makers over the years. Through the 80s and early
90s, the system moved toward the so-called "just
desserts" or accountability model without abandoning
the original rehabilitative roots. The result is clear
although the proper interpretation of the affect is less
so: More juveniles than ever before are incarcerated
and juvenile crime rates are fairly steady. Critics of
the lock-'em-up approach say the lack of a precipitous
drop in crime means punishment-based incarceration is
not working. Its supporters point to the leveling out
of the crime rate as an indication that putting
juveniles away has kept crime from growing worse.
Today the argument continues with varied voices: | ||
| Sherman Block
Los Angeles County Sheriff | ||
|
James Q. Wilson
Commentary, September 1994 |
|
Steve Lerner
Commonweal Research Institute | ||
|
Peter W. Greenwood
RAND | ||
|
Commission on the Future
of the California Courts | ||
|
Janet Reno
U.S. Attorney General | ||
|
Criminal Justice Legal Foundation | ||
|
National Advisory Commission
on Criminal Justice Standards and Goals | ||
|
Dan Macallair
Center on Juvenile and Criminal Justice | ||
| The split in opinion on whether juveniles should
be treated or punished when they commit
crimes is reflected in Welfare and Institutions
Code Section 202 (Appendix E), California's
statute that guides the actions of those in the juvenile
justice system. Enacted in 1976 and amended in
1977, 1983, 1984 and 1989, the section applies to
both the dependency and the juvenile delinquency
court. Although a careful reading of the statute
reveals most of the key elements described as
desirable by juvenile justice experts, the concepts are
sometimes muddled, duplicative and contradictory in
tone.
| ||
|
Juvenile statute
loses clarity in
effort to include
many purposes
| F
or instance, in wording that applies to both the dependency and the juvenile delinquency court,
the statute names reunifying the minor with his
or her family as the "primary" objective of the
court, although the section begins with the statement
that the purpose of the chapter is to provide for the
protection and safety of the public in addition to the
minor. At a later point, the reunification goal is
moderated from primary to "appropriate" for juvenile
delinquents when the goal is consistent with the
juvenile's best interests and the best interests of the
public.
Protection of the public and the public's best
interests are highlighted repeatedly in the section: in
the opening words, in tandem with the juvenile's best
interests and in a separate section that directs juvenile
courts and agencies to consider both the public's and
the juvenile's interests in all deliberations. Punishment
is included in the section as part of the "guidance"
that is given to juveniles, with the definition of
punishment including restitution, community service
and limitations on freedom. Retribution is specifically
precluded as the purpose of such punishment. Care,
treatment and guidance that is ordered by the court is
supposed to be consistent with the juvenile's best
interests, hold them accountable for their behavior and
"be appropriate for their circumstances." The section also envisions holding parents responsible for the expenses incurred by the State in making their child a ward, subject to the financial ability of the parents. Missing from the section is any mention of the rights, needs or concerns of crimevictims.
| |
| Muddled |