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Date: April 29, 2024 Mon
Time: 11:45 pm
Time: 11:45 pm
Results for juvenile records
8 results foundAuthor: Hamilton, Melissa Title: Back to the Future: The Influence of Criminal History on Risk Assessment Summary: Evidence-based practices providing an empirical basis for predicting recidivism risk have become a primary focus across criminal justice decision points. Criminal history measures are the most common and heavily weighted factors in risk assessment tools, yet is such substantial reliance fully justified? The empirical and normative values placed on criminal history enjoy such commendation by criminal justice officials, practitioners, and the public that these practices are rarely questioned. This paper fills the gap by introducing and exploring various issues from legal, scientific, and pragmatic perspectives. As a general rule, a common assumption is that past behavior dictates an individual's likely future conduct. This axiom is often applied to criminal behavior, more specifically, in that prior offending is considered a primary driver to predict future recidivism. Criminal justice officials have a long history of formally and informally incorporating risk judgments into a variety of criminal justice decisions, ranging from bail, sentencing, parole, supervisory conditions, and programming. A more contemporary addendum represents empirically informed risk assessment practices that integrate actuarial tools and/or structured professional judgments. Various criminal history measures pervade these newer evidence-based practices as well. Instead of presuming the value and significance of prior crimes in judging future recidivism risk, this Article raises and critically analyzes certain unexpected consequences resulting from the significant reliance upon criminal history in risk assessment judgments. Among the more novel issues addressed include: (1) creating a ratchet effect whereby the same criminal history event can be counted numerous times; (2) resulting in informal, three-strikes types of penalties; (3) counting nonadjudicated criminal behaviors and acquitted conduct; (4) proportionality of punishment; (5) disciplining hypothetical future crime; (6) punishing status; and (7) inadequately accounting for the age-crime curve. In the end, criminal history has a role to play in future risk judgments, but these issues represent unanticipated outcomes that deserve attention. Details: Unpublished Paper, 2015. 57p. Source: Internet Resource: U of Houston Law Center No. 2015-A-1 : Accessed January 28, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2555878 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2555878 Shelf Number: 134484 Keywords: Criminal History RecordsEvidence-Based Practices (U.S.)Juvenile RecordsPreventive DetentionRecidivismRisk Assessment |
Author: Lapp, Kevin Title: Databasing Delinquency Summary: For over a century, legislatures and officials have restrained the criminal justice system's ability to collect information about youth. Databasing Delinquency explains how juveniles now find themselves indefinitely cataloged in sex offender registries, gang databases, and DNA databases. It documents the unprecedented breadth and permanence of law enforcement and court record-keeping. And it shows how schools have become mandated law enforcement informants. Moreover, services both public and private make this information available to law enforcement nationwide, employers, government agencies, colleges and the general public. The expansion of this modern culture of "dataveillance" to youth has profound implications. It not only harms individual youth in permanent and stigmatizing ways, it reshapes the very meaning of childhood. Putting the developmental characteristics of youth, and childhood, at the center of the analysis, the article reveals the incoherence and destructiveness of databasing delinquency. Mindful of the public safety benefits and inevitability of law enforcement information gathering, the article calls for limits on the amount of information that the criminal justice system can gather, store and share about juveniles. This would add appropriate restraints so that public safety gains from databasing do not come at the expense of juvenile privacy, juveniles' life chances, or childhood itself. Details: Los Angeles: Loyola University School of Law, 2015. 64p. Source: Internet Resource: Loyola-LA Legal Studies Paper : Accessed March 26, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2576056 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2576056 Shelf Number: 135056 Keywords: Juvenile DelinquentsJuvenile OffendersJuvenile Records |
Author: Shah, Riya Saha Title: Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records. Summary: Every year, 1.5 million youth are arrested across the country. The moment each of these children comes into contact with the police, a record is created. These records are not confidential. They do not disappear when the young person's case is closed or when she becomes an adult. These records interfere with children's opportunities to move ahead in life and demonstrate their ability to make better choices. Children's juvenile court records tell the story of what they once did - not the story of who they are. In Future Interrupted, Juvenile Law Center urges that we allow children to grow up unfettered by their childhood mistakes-to have their court involvement remain in the past so they can move forward with their lives. Juvenile records are increasingly available to the public through state police databases or private background check company databases. This report demonstrates, through youths' own stories, how records carry devastating collateral consequences when they remain unprotected. The report also examines how the background check companies operate to sometimes provide inaccurate or out of date information. Future Interrupted acts as a call to policymakers to increase record confidentiality and opportunities for expungement and decrease ready access to juvenile record information. It also argues for employers, educational institutions and housing authorities to understand that children grow up and the mistakes of their past shouldn't follow them for their lifetime. Details: Philadelphia, PA: Juvenile Law Center, 2016. 35p. Source: Internet Resource: Accessed March 21, 2016 at: http://jlc.org/sites/default/files/publication_pdfs/Future%20Interrupted%20-%20final%20for%20web.pdf Year: 2016 Country: United States URL: http://jlc.org/sites/default/files/publication_pdfs/Future%20Interrupted%20-%20final%20for%20web.pdf Shelf Number: 138342 Keywords: Criminal Records, JuvenilesExpungementJuvenile OffendersJuvenile Records |
Author: Illinois Juvenile Justice Commission Title: Burdened for Life: The Myth of Juvenile Record Confidentiality and Expungement in Illinois. How to Fix a Broken System that Fails Youth and Harms the State Summary: In Illinois, tens of thousands of juveniles are arrested each year, and the largest majority of them by far are for non-violent offenses. Over the last decade, the study determined only 3 of every 1,000 arrests - less than one-third of one percent of juvenile arrests - were expunged in Illinois. The Commission's report is based on a first-of-its-kind study to determine how many juvenile record expungements were granted in each county from 2004 to 2014, interviews and surveys of individuals representing a diverse cross-section of professionals in the justice field, interviews of youth with records, a survey of county clerks, review of police practices in Illinois' 10 largest cities, and a review of statutes, employment practices and other research. The report recommends a series of enhancements to confidentiality of juvenile records and increased access to juvenile expungement consistent with recommendations of the American Bar Association. Details: Chicago: Illinois Juvenile Justice Commission, 2016. 132p. Source: Internet Resource: Accessed June 7, 2016 at: http://ijjc.illinois.gov/sites/ijjc.illinois.gov/files/assets/Burdened%20for%20Life.pdf Year: 2016 Country: United States URL: http://ijjc.illinois.gov/sites/ijjc.illinois.gov/files/assets/Burdened%20for%20Life.pdf Shelf Number: 139300 Keywords: ExpungementJuvenile OffendersJuvenile Records |
Author: Westley, Christine Devitt Title: Assessing the quality of Illinois Criminal History Record Information System data on juveniles Summary: The Illinois Criminal Justice Information Authority, in partnership with the Illinois State Police, has access to records in the Illinois Criminal History Record Information (CHRI) System for research purposes. One such purpose is the derivation of statistical information from those records, especially on aspects of the justice system not covered by other statewide sources. The juvenile justice system is particularly in need of detailed statewide statistical data to inform policy decisions, as no comprehensive data collection program currently exists to capture individual-level data on justice-involved youth. The CHRI System offers promise, and has been used with some success, but its full potential for statistical purposes has not been systematically evaluated. This report provides such an assessment, focusing on the completeness of the juvenile arrest and court information collected by the CHRI System in light of state statutes that govern reporting practices. It provides a comprehensive statewide look at arrest and court records submitted for youth ages 10 to 17 during the year 2013, a time period chosen to allow sufficient time for court cases to be resolved and reported to the system. The findings of this assessment are aimed at educating researchers and policymakers on the strengths and limitations of juvenile CHRI System data as a source of useful statistical information. Data derived from the CHRI System offers several benefits for juvenile justice research not found elsewhere. Illinois' Uniform Crime Reporting (I-UCR) System, the state's official source for crime and arrest statistics, does not collect any demographic information on persons arrested. Without the age of the offender, it is not possible to isolate juvenile arrests. Further, no other statewide system is designed to track the outcomes of specific arrests, or to track an individual's contact with the justice system over time. However, the CHRI System has its own limitations that need to be understood. While there are many similarities between juvenile and adult criminal history records, reporting requirements for juvenile records focus on the most serious offenses for the purpose of creating a youth's transcript (or rap sheet). Since 2000, the Illinois Criminal Identification Act [20 ILCS 2630/5-5] and the Illinois Juvenile Court Act [705 ILCS 405/5-301] have mandated reporting of felony arrests and prosecutions to the CHRI System. The acts allow discretion in the reporting of Class A and B misdemeanor arrests and prosecutions. In actuality, the CHRI System will accept any arrest submitted with fingerprints, including petty offenses and local ordinance violations. Discretionary reporting poses a challenge for researchers using CHRI System data to examine Illinois' juvenile justice system. Even with all relevant juvenile records extracted from the system, it is difficult to determine the extent to which they adequately represent the true nature of juvenile justice system activity. In this study, comparative methodologies were used to assess the utility of CHRI data for research purposes and pinpoint areas for system improvement. Findings are presented by county and region to provide an overview of juvenile CHRI reporting practices. Details: Chicago: Illinois Criminal Justice Information Authority, 2016. 66p. Source: Internet Resource: Accessed June 9, 2016 at: http://www.icjia.state.il.us/assets/articles/Final%20Juvenile%20CHRI%20Assessment%20Report.pdf Year: 2016 Country: United States URL: http://www.icjia.state.il.us/assets/articles/Final%20Juvenile%20CHRI%20Assessment%20Report.pdf Shelf Number: 139345 Keywords: Criminal History RecordsJuvenile Justice SystemsJuvenile OffendersJuvenile Records |
Author: Iowa. Department of Human Rights, Division of Criminal and Juvenile Justice Planning Title: Confidentiality of juvenile delinquency records in Iowa Summary: This report seeks to review existing juvenile confidentiality laws in Iowa, those enacted across the nation, as well as provide a framework by which a structure for developing changes to Iowa's current laws, that are in the best interest of juvenile offenders and protect public safety and victims of crimes. Details: Des Moines: CJJP, 2016. 37p. Source: Internet Resource: Accessed November 10, 2016 at: http://www.jrsa.org/pubs/sac-digest/vol-24/ia-CJJP_Confidentiality%20of%20Juvenile%20Delinquency%20Records%20in%20Iowa.pdf Year: 2016 Country: United States URL: http://www.jrsa.org/pubs/sac-digest/vol-24/ia-CJJP_Confidentiality%20of%20Juvenile%20Delinquency%20Records%20in%20Iowa.pdf Shelf Number: 146291 Keywords: ConfidentialityJuvenile DelinquentsJuvenile OffendersJuvenile Records |
Author: Great Britain. House of Commons. Justice Committee Title: Disclosure of youth criminal records Summary: Our predecessor Committee held an inquiry into the disclosure of youth criminal records, on which it had concluded taking evidence but had not reported by the time Parliament was dissolved before the June 2017 general election. One of our first decisions in this Parliament was that we should produce a report on this important issue, based on the evidence received by our predecessor Committee. Our report considers whether the current statutory framework for disclosing records of offences committed by people when under 18 years old is appropriate and effective, and whether it strikes the right balance between protecting employers and the public, and rehabilitating people who commit offences as children. We also consider the impact of the current regime on people who offend as young adults. Witnesses highlighted the adverse effect of childhood criminal records on individuals' access to employment, education, housing, insurance and visas for travel, and its discriminatory impact on particular groups including Black and Minority Ethnic children and those within the care system. We made direct approaches to organisations representing employers or others making use of criminal records checks for their views on the subject, but received little response from them. Overall, the inquiry evidence strongly supported the case for changing the criminal records disclosure system. For young adults, the majority of those who expressed a view thought that reform was also needed. We conclude that the current system undermines the laudable principles of the youth justice system and may well fall well short of the UK's obligations under the UN Convention on the Rights of the Child. We regret the Government's decision to pursue an appeal against the recent Court of Appeal decision on the compatibility of the filtering regime with human rights standards, rather than tackling the urgent need for reform. We also conclude that the coherence of Government policy on this area would be enhanced by consolidating responsibility into a single Department. In addition our report makes a number of recommendations for changing the statutory framework, which can be summarised as follows: - enactment of Lord Ramsbotham's Criminal Records Bill to reduce rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA) - an urgent review of the filtering regime, to consider removing the rule preventing the filtering of multiple convictions; introducing lists of nonfilterable offences customised for particular areas of employment, together with a threshold test for disclosure that is based on disposal/sentence; and reducing qualifying periods for the filtering of childhood convictions and cautions - considering the feasibility of extending this new approach, possibly with modifications, to the disclosure of offences committed by young adults up to the age of 25 - allowing chief police officers additional discretion to withhold disclosure of non-filterable offences, taking into account the age and circumstances of the offence and the individual's age at the time with a rebuttable presumption against disclosure of offences committed during childhood - giving individuals the right to apply for a review by the Independent Monitor of police decisions to disclose convictions or cautions. The 'Ban the Box' campaign aims to delay the point at which job applicants have to disclose criminal convictions by ticking a box on application forms, allowing them to be judged primarily on merit. We recommend extending this approach to all public sector vacancies, with a view to making it a mandatory requirement for all employers. We further recommend urgent amendment to Government guidance on English housing authorities' allocation schemes to reflect the 2016 court decision that found a local authority to have breached the Rehabilitation of Offenders Act 1974 by taking into account an applicant's spent offences. In relation to insurance, we recommend that the Financial Conduct Authority consider undertaking a thematic review of providers wrongly declining cover or quoting higher premiums when customers disclose a criminal record. Details: London: House of Commons, 2017. 62p. Source: Internet Resource: First Report of Session 2017-19: Accessed November 18, 2017 at: https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/416/416.pdf Year: 2017 Country: United Kingdom URL: https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/416/416.pdf Shelf Number: 148254 Keywords: Ban the BoxCriminal RecordsEx-offender EmploymentJuvenile RecordsYouthful Offenders |
Author: Stacey, Christopher Title: A life sentence for young people: A report into the impact of criminal records acquired in childhood and early adulthood Summary: This report is part of the charity's Unlocking Experience project, 1 which aims to investigate, highlight and seek solutions to structural barriers that young adults in England and Wales face as a result of criminal records. The report combines a number of activities that we've carried out as part of our work on this project, including: 1. Freedom of Information requests to the DBS and Disclosure Scotland to better understand the number of people affected by the official disclosure of criminal records through criminal record checks. 2. A survey of people who acquired a criminal record in early adulthood. 2 3. Work with the Justice Committee into their short inquiry into the disclosure of youth criminal records. 3 To ensure consistency, a number of terms are used throughout this report: 1. Childhood - People under the age of 18 2. Early adulthood - People aged 18-25 3. Youth or young people- People aged 10-25 (a collective term to refer to people in childhood and early adulthood) 4. Criminal record - Criminal convictions and cautions The original focus was to be on a criminal record acquired in early adulthood. However, in the course of undertaking the survey, it became clear that seeking to separate experiences according to whether the offense occurred before or after the age of 18 was a false dichotomy, particularly for those who were convicted both as a child and as a young adult. As a result, we expanded our focus to include criminal records acquired in childhood and early adulthood. This approach complements other developments around criminal records, such as the Justice Committee's inquiry into the disclosure of youth criminal records (which looked at both children and young adults). It also builds on the review of the youth justice system carried out by Charlie Taylor, within which the impact of criminal records featured prominently. Finally, with an eye to the Supreme Court case later this year, which involves a number of challenges to the DBS's filtering system, 4 it is hoped that this report serves as a useful addition in demonstrating the need for change. The overwhelming message from the survey was that people are held back because of old criminal records (particularly on standard and enhanced checks). Given that the survey was unable to provide a sense of the scale of the problem, we carried out some additional research, primarily by making Freedom of Information Act requests to the DBS and Disclosure Scotland. The data collection exercise provided valuable insight into the number of people affected, and highlighted the wealth of data that is available (and is not published by DBS). There is scope for further and more detailed research into the numbers and types of people affected by the disclosure of childhood and young adult criminal records. Details: Maidstone, Kent, UK: Unlock, 2018. 57p. Source: Internet Resource: Accessed May 16, 2018 at: http://www.unlock.org.uk/wp-content/uploads/youth-criminal-records-report-2018.pdf Year: 2018 Country: United Kingdom URL: http://www.unlock.org.uk/wp-content/uploads/youth-criminal-records-report-2018.pdf Shelf Number: 150192 Keywords: Criminal RecordsJuvenile OffendersJuvenile RecordsYoung Adult Offenders |