The Juvenile Crime Challenge:

Making Prevention a Priority



September 1994
Report #127





State of California

LITTLE HOOVER COMMISSION

October 4, 1994




The Honorable Pete Wilson
Governor of California
The Honorable Bill Lockyer
President Pro Tempore of the Senate
    and Members of the Senate
The Honorable Kenneth L. Maddy
Senate Minority Floor Leader
The Honorable Willie L. Brown Jr.
Speaker of the Assembly
    and Members of the Assembly
The Honorable James Brulte
Assembly Minority Floor Leader

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:

  1. Consolidating all juvenile anti-crime efforts in a single, high-level state agency to provide strong leadership and accountability for results.

  2. Directing all government agencies to make early intervention and prevention programs a top priority.

  3. Providing a continuum of options so that a range of consequences addresses misconduct by juveniles at all levels of severity.

  4. Revising age, confidentiality and record-sealing laws to increase flexibility in the juvenile justice system so that appropriate decisions can be made and to acknowledge the public's right to information.

  5. Increasing the ability of the California Youth Authority to provide needed treatment, training and education for juveniles appropriately committed to state facilities.

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
Chairman



Table of Contents

Executive Summary

Introduction

Background


Issues and Recommendations


The State's Role


System Reforms

Youth Authority

Conclusion

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:

  • The root causes of crime are many and diverse. Any hope of addressing those causes successfully requires multi-faceted strategies, bits and pieces of which can be implemented by neighborhoods, communities and various levels of government. There is no silver bullet -- no simple, expedient answer that can be imposed from above.

  • Any solution to juvenile crime must be bipartisan and involve all sectors of society: individuals, families, schools, churches, community groups, governments and businesses. While the scope of effort involved should be as broad as all of society, the Commission believes its report also must serve as a wake-up call to individuals. Individual initiative at the most local level and personal acceptance of responsibility for bringing about change is the key to reform. As one popular maxim puts it, "Think globally, act locally."

  • The State has no particular "ownership" of the juvenile crime problem. The inclination toward crime often arises from factors at home; the impact of crime is felt in neighborhoods; the arrests, prosecutions and, in most cases, dispositions are city and county operations. Only 2 percent of juveniles arrested eventually are placed in state institutions. While the State is a bit player in the day-to-day staging of the juvenile justice system, it has the ability and responsibility to carve out a powerful role as a policy leader and facilitator for local solutions.

  • Prevention works better and is cheaper than treatment. The sobering reality is that improving to the optimum extent how juvenile criminals are treated once they are apprehended will only reduce recidivism by at most 10 percent, experts agree.1 While keeping that 10 percent from continually recycling through the juvenile justice system -- and ultimately, the adult system -- would free significant resources, the fact is that prevention and early intervention hold far more promise than good rehabilitation programs for actually reducing crime. Children are much harder to "fix" once they have become criminals than they are when they first show signs of deviant or anti-social behavior.

  • Personal accountability for actions and decisions is the cornerstone of a civilized society. Children should be taught -- both at home and in schools -- informed decision­making processes. And they should learn that, in theory and in practice, there are swift consequences for poor decisions and both tangible and intangible rewards for good decisions. To reinforce these lessons, all of the actors within the juvenile justice system, from the policeman on the beat to the judge in juvenile court, must strive to make the system work more effectively in providing consequences at all levels of criminal severity.

  • The state, local governments and communities should approach juvenile crime from the perspective of outcome­based goals, chief of which should be deterring first­time offenses and reducing recidivism. The collection of reliable data and its systematic, validated analysis is crucial for good decision­making about policy and programs.

  • Private enterprise involvement at many levels and in multiple modes is critical to successfully addressing root causes of crime. This ranges from partnerships with schools to improve education and mentoring roles with at­risk children to providing opportunities through programs such as the Free Venture enterprises in California Youth Authority facilities and creating targeted hiring practices.

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


  • Teenage boys commit a disproportionately high share of all crime -- a trend that remains true over time and geography.

  • Of California's 3.5 million youths, about 250,000 are arrested annually.

  • Violent crime by juveniles increased dramatically during the 80s, stabilizing at a high rate during the early 90s. Almost twice as many youths were arrested for violent crimes in 1992 as in 1983.

  • More that $1 billion annually is spent on the juvenile justice system, which involves both state and local agencies.




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).2

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.3
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).


Juvenile Arrests in California 1983-93

Source: 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.


Arrest Rate for Juveniles 1983-93

Source: California Department of Justice

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.4

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.


Juvenile Arrests for Assault 1983-92

Source: California Department of Justice


Juvenile Arrests for Homicide 1983-93

Source: California Department of Justice

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.5

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
198312,321     397.7    
198411,853     384.3    
198512,421     401.4    
198612,541     403.7    
198712,336     397.3    
198813,998     453.8    
198917,469     568.5    
199020,658     655.5    
199121,158     655.4    
199221,549     650.1    
Source: California Department of Justice

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 1992.6

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:

  • 50.6 percent of all arson.
  • 36.6 percent of all motor vehicle thefts.
  • 31.2 percent of all burglaries.
  • 26.2 percent of all robberies.
  • 19.0 percent of all homicides.
  • 16.9 percent of all thefts.
  • 14.0 percent of all forcible rapes.7
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.8

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.9

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.10 Even the most conservative estimates of the cost for probation activities in the remaining counties and some proportionate share of law enforcement and court costs would push the total state and county juvenile justice system spending above $1 billion.

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


  • Crime is local in nature and impact; the State's most important role is to provide leadership.

  • The goals of the separate juvenile justice system are not clear.

  • Funding cutbacks have all but eliminated the preventive, early-intervention programs that hold the most promise for halting crime.

Recommendations:

  • Consolidate state efforts in a single, accountable agency.

  • Vigorously enforce existing alcohol and gun laws.

  • Make early intervention and prevention a top priority.




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:

  • Discipline -- fair and consistent or harsh and punitive.

  • Monitoring -- watchful awareness of the child's actions or blithe disregard.

  • Reinforcement -- positive recognition for achievements or constant negative attention for acting out.

  • Involvement -- participation in activities with the child or isolation of adult from child.

  • Problem-solving -- productive mechanisms for resolving issues or negative modeling of violence and conflict.12

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.13

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.14

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.

  • Developmental:

    • Criminal history of parent.
    • Abusive and inconsistent discipline.
    • History of violence.
    • Disruptive classroom behavior.
    • Experiencing others' use of violence as a response to anger.
    • Lack of positive interactions with parents or others.

  • Societal:

    • Socio-economic inequality (being poor).
    • Acceptance of violence within the culture.
    • Easy access to guns.
    • Availability of drugs and alcohol.
    • The presence of gangs.
    • Prejudice and discrimination.15

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.16

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.17
T he Little Hoover Commission's advisory group identified five factors that cause, contribute to or enable violence by juveniles, including:

  • The glamorization of violence by media and the acceptance of violence by society.

  • Substance abuse, particularly alcohol.

  • The availability of guns.

  • Domestic violence, affecting both children who observe it in their homes and neighborhoods and children who are the target of it.

  • Gangs and their attraction for those who can find acceptance and belonging nowhere else.

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:

  • Biological factors
  • Early childhood experiences
  • Dysfunctional families
  • Cultural diversity
  • Economic inequity
  • Low self-esteem
  • Substance abuse
  • Incarceration
  • Easy access to weapons
  • Lack of opportunities
  • Media influences18

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.19
T he U.S. Department of Justice identifies five categories of causes and correlates of juvenile crime:

  • Individual characteristics, including alienation, rebellion and lack of bonding with society.

  • Family influences, such as parental conflict, child abuse and a family history of problem behavior including drug use and crime.

  • School experiences, including early failure and lack of commitment to attending.

  • Peer group influences, such as gangs and friends who engage in anti-social behavior.

  • Neighborhood and community factors, including economic deprivation, high rates of substance abuse and crime, and low neighborhood attachment.20

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:

  • One begins with stubborn behavior, progressing to defiance and culminating in authority avoidance.

  • Another begins with minor anti-social behavior such as lying or shoplifting, moving to property damage before evolving into more serious forms of theft.

  • The third begins with minor aggression, progresses to physical fighting and then moves to more violent acts.21
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.22

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.23

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.24

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.25 The Pacific Center for Violence Prevention, noting that guns accelerate the severity of any incident they are used in, found that youths use guns in 59 percent of the homicides they commit and 32 percent of the suicides. In 1992, more Californians died from gun-shot wounds than from car crashes, about a third of them young people. The Center's 1990 estimate of the cost of firearm injuries and deaths put California's share at about $2.5 billion.26

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.27

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. 28

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. 29

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. 30

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. 31

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.32

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.33

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.34 Study after study has shown that youths convicted of violent crimes often have had a steady diet of violent television, movies and video games -- but many children partaking of this same diet do not commit crimes. Experts believe a critical difference is the context within which children are exposed to media violence. Those with solid family lives and healthy perspectives on the future based on their experiences in the present seem to be little influenced by viewing violence.

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.35

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. 36
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. 37 The California Park and Recreation Society's Youth-at-Risk Task Force publishes a resource manual of more than 125 community programs focusing on youth at risk and urges all park and recreation programs to aggressively collaborate with other agencies to provide services to and positive experiences for children. 38

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. 39
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." 40

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. 41

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:

  • The Delinquency Prevention Act of 1974 charged the California Youth Authority with the responsibility of "assisting the development, establishment and operation of comprehensive public and private community-based programs for crime and delinquency prevention...[including exercising] leadership on behalf of the State....All state agencies shall cooperate with the Department of the Youth Authority to bring about a statewide program for the reduction and prevention of crime and delinquency. 42 While CYA provided delinquency prevention training and technical assistance to local governments both before and after the act was adopted, budget cuts and the realignment of state funds into block grants to counties for these and other purposes in the past three years sharply reduced the CYA's involvement in prevention activities. CYA continues low-budget-impact efforts, such as having wards speak to schoolchildren and teaching wards good parenting skills.

  • The State's central planning mechanism for delinquency prevention, however, is not the CYA but the Office of Criminal Justice Planning (OCJP) acting with the advice and approval of the California Council on Criminal Justice. State law provides for a 37-member council to annually review and approve "the comprehensive state plan for the improvement of criminal justice and delinquency prevention activities throughout the State." As staff to the council, the Office of Criminal Justice Planning is directed to prepare the plan, to "define, develop and correlate programs and projects for the state criminal justice agencies," and to "cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of such units, or other public or private agencies, organizations or institutions in matters relating to criminal justice and delinquency prevention." Currently, OCJP's primary activity in the juvenile crime arena is to funnel federal and state grants to programs that target or include youths, an amount totaling about $46 million a year. (The Commission notes that how this money is spent and the effectiveness of the underwritten programs, while beyond the scope of the Commission's current efforts, may be deserving of attention in a future study. OCJP oversees $120.2 million in funding for a broad range of programs, with $55.3 million coming from the federal government.) 43

  • The Department of Justice, under the Attorney General, also claims a share of crime prevention activities. It recently created a task force on violence. The Department's Crime Prevention Office offers community cadre training, among other programs, and in conjunction with the Department of Education has developed a program called School/Community Violence Prevention: Focus on Gangs. In addition, the attorney general has urged video game businesses to restrict violence and label their products for better consumer information.

  • The Department of Education, in addition to the anti-gang program, is home to the $20 million Healthy Start plan, which provides early intervention services for at-risk children.

  • The Governor's 25-member State Advisory Group on Juvenile Delinquency Prevention develops policy and priorities for funding, with OCJP providing staffing.

  • The State Commission on Juvenile Justice, Crime and Delinquency Prevention, with 16 members, inspects CYA facilities, provides advice to CYA about delinquency prevention funding and acts as a liaison between the CYA and the public. According to its chairman, "Many other entities are responsible for providing mandated services to the Youth Authority, including those related to building safety and health codes. This Commission is the sole mandated body representing the public interest on statewide juvenile justice matters."44

  • The Governor recently created the California Commission on Improving Life Through Service to "unite individuals in service to their communities, promote responsible citizenship and achieve demonstrable results in addressing California's persistent unmet human, educational, public safety and environmental needs." The Executive Order creating the commission set reducing juvenile crime as the number one priority for the commission's efforts.

'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.45

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.46

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:

  • The creation of a single, powerful state body that can provide the leadership and accountability needed to effectively combat crime. This would include the development of a multipurpose clearinghouse to gather information and disseminate examples of best practices. Whether local government officials are trying to discern how their experience compares with statewide statistical trends or citizens are interested in starting grass-roots anti-crime efforts, those looking for information and assistance should be able to look to a single state entity. In addition, such an institutionalized source of research should provide policy makers with solid information about cause and effect, impact and results.

  • The adoption of strong anti-violence primary education strategies. While local communities will be most effective in creating suitable programs to meet specific needs, crime prevention can also be assisted by general education that strengthens common societal values. The State's role can include:

    • Promoting effective school-based curricula that give children guidance for living in today's world. Because schools already have multiple mandates for teaching specific programs, a more effective approach, experts believe, would be to provide schools with information about programs that encourage non-violent conflict resolution, responsible decision-making and awareness of consequences. While some analyses have reported that such programs are successful in giving youths good coping skills, other rigorous examinations indicate that many of the programs are not well-designed for targeted age groups, do not begin early enough and may have little long-lasting effect.48

    • Public informational campaigns that heighten general awareness of societal problems and that urge specific individual responsibility and action. An example is the State's anti-smoking campaign that used increased cigarette taxes to fund advertising to focus on the link between smoking and death. The campaign resulted in a 28 percent decline in smoking over five years, a rate three times greater than the national decline.49 Similar advertising campaigns against drug use and domestic violence have also been used to heighten public awareness and shift societal attitudes from indifference and/or impotence to knowledgeable intolerance and disdain.
  • A renewed emphasis on enforcing existing laws that have the potential of reducing violence, such as those relating to guns and alcohol. California had tough anti-assault gun laws and waiting periods for handgun purchases before federal legislation was created -- and it is beyond the scope of this report to assess whether further laws are needed. But existing laws that should keep guns and alcohol out of the hands of minors require vigorous enforcement if they are to be effective.

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:

  • Leadership to highlight issues and concerns for the public, to set standards for local anti-crime activities, and to propose and promote legislation to further delinquency prevention.

  • A clearinghouse function that would provide centralized assessment and evaluation of programs, promotion of models that work, and technical assistance for local governments and communities.

  • A data gathering and assessment function that would provide reliable statistics on a statewide basis about trends in crime, results of programs and funds expended. The current lack of data on costs across jurisdictional levels, case outcomes and comprehensive recidivism tracking makes it difficult to make informed and rational policy decisions.

  • Standardization of training for those connected with juvenile justice, including judges, district attorneys, probation officers, parole officials and public defenders.

  • The identification of and dissemination of information about available sources of federal, state and private funding. When appropriate, the point of control for funding flow to local agencies and communities and the central point for accountability for the successful use of funding.

  • Targeted information campaigns to bring about behavioral changes, on the part of both individuals at risk and businesses that unwittingly glorify violence and crime.

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.



Issue 2: As the nature of juvenile crime has changed, public support for a separate juvenile justice system has eroded and goals for the system have become unclear.



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.50

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:

  1. Supervision is essential during childhood, which is a time of dependency and risk.

  2. The family is of primary importance in the supervision and training of children, but the state should intervene whenever the family setting fails to meet the child's needs.

  3. When a child is at risk, the state is the appropriate authority for determining the child's best interests.51

The separate juvenile justice system, then, has at its base the presumption that troubled youths can be salvaged if the State takes appropriate action. It is a system set apart from the adult criminal justice system with the specific expectation that a juvenile will be assessed to determine his problems, that services will be provided that address those needs and that, at some point, the juvenile will be rehabilitated to the point that he will not commit further crimes. The separate system had broad acceptance when the most frequent crimes committed by juveniles were joy-riding, shoplifting and truancy.

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.52 The concept was that courts would have wide latitude and great discretion to assess the juvenile's behavior and determine theappropriate responsive action -- swiftly and behind closed doors to maximize the potential for a successful rehabilitation. The key players were the judge, the juvenile and the probation officer.

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.53

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:


  • The law under which we deal with youthful offenders was developed for a far less violent population. The philosophical base of juvenile law remains rehabilitative and fails to place accountability for a youth's action on the youth. It is time that the State of California revisit this issue and adopt a more balanced perspective. Juvenile offenders must be dealt with based on their demonstrated criminal behavior rather than focusing on their age at the time the offense was committed.
Sherman Block
Los Angeles County Sheriff54

  • Much is said these days about preventing or deterring crime, but it is important to understand exactly what we are up against when we try. Prevention, if it can be made to work at all, must start very early in life, perhaps as early as the first two or three years, and given the odds it faces -- childhood impulsivity, low verbal facility, incompetent parenting, disorderly neighborhoods -- it must also be massive in scope. Deterrence, if it can be made to work better (for surely it already works to some degree), must be applied close to the moment of wrongful action or else the present-orientedness of the youthful would-be offender will discount the threat so much that the promise of even a small gain will outweigh its large but deferred costs. In this country, however, and in most Western nations, we have profound misgivings about doing anything that would give prevention or deterrence a chance to make a large difference. The family is sacrosanct; the family preservation movement is strong; the state is a clumsy alternative....Prompt deterrence has much to recommend it...But the greater the swiftness and certainty, the less attention paid to the procedural safeguards essential to establishing guilt.
James Q. Wilson
Commentary, September 1994

  • [T]he Youth Authority charter...still recommends a civilized and progressive approach to delinquency which recognizes that society will best be served if an effort is made to bring young offenders back into the mainstream. The legislators who wrote the original Youth Authority statute believed that young people, brutalized by extended periods under punitive conditions, would most likely take out their frustration and sense of hurt on the society that incarcerated them. They further recognized that since 95 percent of all people institutionalized in correctional facilities are eventually released, it is in the selfish best interests of law-abiding citizens that environments be designed for criminals that do not have this effect....After all, juvenile offenders are our children. They are not aliens landed from some distant planet. They are the product of our society. By our policies and practices we have helped shape them. This does not exempt them from responsibility for their criminal actions. But it does leave us with the responsibility to help rehabilitate them. This we must do, in our own self-interest as well as theirs.
Steve Lerner
Commonweal Research Institute55

  • Many juvenile killings appear to take place without any rational cause or purpose. It is this latter characteristic that has caused some observers to question the whole concept of rehabilitation upon which the juvenile justice system is presumably based. Another concern expressed by many observers is that, in the name of rehabilitation or protecting the interests of the minor, hardened young criminals are let off much more leniently than would be the case if they were treated as adults....The most difficult aspect of any examination of the juvenile justice system is maintaining the perspective that the subjects being dealt with are both children and criminals at the same time, with all the limitations and vulnerabilities which the first label implies and all of the problems and risks implied by the second. Reconciling these competing demands is the most difficult task confronted by juvenile justice policy makers.
Peter W. Greenwood
RAND56

  • Today opinion in the State is divided over the proper role of the juvenile courts. While most Californians would continue to emphasize juvenile justice's rehabilitative role, almost all believe that offenders who commit violent or property crimes should be punished. Half of all Californians surveyed for a 1992 report believe serious property offenders should be tried in adult court. Nearly as many favor incarceration in adult facilities for juveniles who commit violent crimes. ...Incarceration can play an important role in the juvenile justice system, but juvenile facilities especially should provide offenders with help and training. Given the high cost of crime and long-term incarceration, the State should provide every reasonable opportunity for a juvenile offender's rehabilitation.
Commission on the Future
of the California Courts57

  • We've got to look at what we are doing with children in America. There is a tendency to think a child's violent, so put him in the detention center and throw the key away; he's committed two violent crimes, so send him to the adult system. ...Let's understand what we're doing in terms of confining kids. If we confine them and dump them back into the community with nothing more, it's not going to make any difference....Let's try to develop programs within our community that understand that in most cases if a child is properly supervised, he will not have to be detained. There will be rare exceptions. There is always going to be that terrible person who is the exception, but we can do so much if we understand that he is coming back to the community in pretty short order anyway and that we can make a difference by providing a coherent pattern.
Janet Reno
U.S. Attorney General58

  • Since the late 1960s California's juvenile justice system has changed from an informal paternalistic process which paid more attention to the needs of children than to their constitutional rights to a formalized process that often protects the rights of children better than serving their needs....Attempting to graft public safety concepts onto a system designed purely for rehabilitation has resulted in a very crooked tree which bears bitter fruit....[The] very real need to protect the public conflicts with the core philosophy of a court that was created to protect and rehabilitate children.
Criminal Justice Legal Foundation59

  • Institutions do succeed in punishing but they don't deter. They protect the community temporarily, but the protection does not last. They relieve the community of responsibility by removing the young offender, but they make successful integration unlikely. They change the committed offender, but the change is more likely to be negative than positive.
National Advisory Commission
on Criminal Justice Standards and Goals60

  • During the 1980s new evidence emerged suggesting that the demise of rehabilitation was premature. A growing number of studies indicates that rehabilitative intervention is effective in de-escalating criminal behavior. Various well-designed interventions reduce the severity and frequency of delinquency and alter the cycle that leads to adult crime....Although rehabilitation does not eliminate recidivism, it is more effective than correctional institutions in reducing the rate and seriousness of criminal behavior.
Dan Macallair
Center on Juvenile and Criminal Justice61
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