As overall juvenile caseloads increase, as juvenile prosecutors see
a greater range of offenses in their individual caseloads, and as
prosecutors assume an increased leadership role for addressing juvenile crime in
the community, more well-trained prosecutors are needed to handle
these new tasks and the increasing and more complex workloads. Funding
in Purpose Area 4 is available to hire additional prosecutors to
reduce backlogs and increase the number of juveniles that the system can process.
Experiences from the criminal court system have shown, however,
that simply increasing the number of prosecutors does little to
increase efficiency in case processing (Jacoby, Gramckow, and Ratledge, 1992).
Attention must be paid to how newly hired prosecutors are used
within prosecutors' offices, specialized interagency programs, and the
overall juvenile justice system.
To ensure that having more prosecutors translates into having
more
effective prosecutors, newly assigned
prosecutors (i.e., new attorneys and experienced attorneys
new to juvenile prosecution) must be provided with the necessary tools,
which include specialized training, sufficient support staff,
communications equipment, and information access. Many of these tools can be
developed or acquired through JAIBG Purpose Area 6.
Hiring additional prosecutors to handle juvenile cases is not a long-term
solution to increasing caseloads. Good case management strategies
are also needed to ensure efficient, prompt, and just case handling
(Jacoby, Gramckow, and Ratledge, 1992). Traditionally, processing delays
have not been a serious concern in the juvenile court, in part because the
juvenile justice system has fewer procedural requirements than the
criminal justice system. In recent years, however, concerns have increased
about the impact of delay on the due process rights of juveniles (Feld,
1993) and the belief that delayed sanctions decrease the rehabilitative impact
of the court's efforts (Mahoney, 1985) while providing a more effective
deterrent to future delinquency (Shine and Price, 1992).
In addition, newly assigned prosecutors must be carefully and
deliberately positioned. The organization and operation of all juvenile
justice system components should be scrutinized and perhaps reconstructed
to enhance the juvenile justice process.
How and where to use new prosecutors are questions best answered
locally. Factors such as the population mix, specific juvenile crime
problems, existing State juvenile justice
statutes, and the interest and experience of policymakers differ from location
to location and affect how and where new prosecutors can be used
most effectively. The following sections discuss considerations in
deploying additional prosecutors (or reorganizing existing staff resources).
Reductions in Delinquency Case Processing Time
Few researchers have explored the causes and consequences of
delayed delinquency cases, and virtually no studies exist on the relative
effectiveness of delay-reduction techniques in the juvenile justice system. Only
a handful of studies on juvenile court delay have been published
(Mahoney, 1985; Feld, 1993; Butts and Halemba, 1994; Butts, 1996). These studies
suggest that the timing of delinquency case processing will be an
increasingly important issue for juvenile courts as they are asked to
manage the growing tension between their quasi-civil orientation and the
societal expectation that they hold juvenile offenders accountable by
imposing effective sanctions.
The sixth amendment to the U.S. Constitution guarantees a
"speedy and public trial" for any citizen
subject to criminal prosecution. The amendment does not stipulate
what is and what is not speedy. In the definitive case on speedy trials, the
U.S. Supreme Court refused to specify exactly when delay becomes a
violation of sixth amendment rights.2
The Court cited an earlier opinion in finding that the concept of a speedy
trial is "necessarily relative" and
should not be defined precisely.3 The
Supreme Court has never addressed the question of speedy trial rights
for juveniles.
Case processing time should be evaluated differently in juvenile court
than in criminal court (Stull, 1982). Delay may be especially harmful in the
juvenile justice system. Adolescents are less likely than adults to
consider long-term consequences and may be less likely to alter their behavior to
obtain rewards or avoid punishments if these cannot be expected in the
immediate future (Inhelder and Piaget,
1958). Adolescents also
experience time differently than adults. They focus on shorter periods of time,
further reducing the perception of immediacy if sanctions are
delayed (Mahoney, 1985). To affect the behavior of adolescents and perhaps
reduce recidivism, the juvenile justice process must be easy to understand
and involve a minimum number of court appearances, and juvenile court
dispositions should be reached as quickly as possible in keeping
with fairness and due process. Young offenders should receive the
message that illegal behavior will be met with a swift response.
Prosecutors' offices that are considering applying for JAIBG funds can
use this argument to justify the need for additional prosecutors even if the
juvenile court in their jurisdiction is not suffering from a case backlog.
One difficulty prosecutors face in this effort, however, is that little
guidance is available as to what constitutes appropriate processing time for
juvenile cases. Many States still do not use legislation or court rules to
regulate delinquency case processing time, and many of the States that do
regulate timing do so only in cases involving detained juveniles (Butts, 1996).
Several national associations and government commissions have issued
time standards for juvenile court proceedings during the past 20 years.
These standards generally provide only broad guidelines (e.g., Institute of Judicial
Administration (IJA)/American Bar Association (ABA), 1980; National
Advisory Committee for Juvenile Justice and Delinquency Prevention
(NACJJDP), 1980; ABA's National Conference of State Trial Judges, 1985; National
District Attorneys Association (NDAA), 1992) and vary significantly in
their recommendations (Butts, 1997):
- IJA/ABA: 60 days from
referral to disposition for nondetained juveniles and 30 days or less
for detained juveniles.
- NACJJDP: 80 days from referral
to court disposition for nondetained juveniles and 33 days for
detained juveniles.
- ABA's National Conference:
adjudicatory hearings within 15 days of admission to detention
and within 30 days following filing for noncustody cases, and
dispositions no later than 15 days following the adjudicatory hearing.
- NDAA: 60 days between
police referral and disposition in cases involving detention and 90
days in nondetained cases.
These guidelines provide at least some support for determining an
appropriate delinquency case processing time that does not just reflect the
fastest way to process a case but also ensures high quality justice. The JAIBG
requirement that a JCEC be formed provides a mechanism for the
juvenile justice players to apply these guidelines and identify the need to
provide funds to speed processing times in their
jurisdictions.
A Well-Managed and Organized Office for
Effective Use of Additional Prosecutors
Adding more prosecutors through JAIBG provides an opportunity
for the prosecutor's office to review its overall policies, organization,
and management and to coordinate this review with other key juvenile
justice agencies.
When addressing organization, the prosecutor's office should
scrutinize its current juvenile prosecution policies and consider adopting an
officewide policy that states, among other principles, that juvenile cases,
especially those involving serious, violent, and chronic offenders, are a
priority. The office needs to recognize that prosecuting serious juvenile
offenders is often a complicated process requiring experience and
technical skills, and opportunities for meaningful intervention and rehabilitation
in juvenile cases are abundant. Success should not be measured by the
number of cases won, but by the reduction in incidents of juvenile crime and
recidivism rates.
The prosecutor's office then should develop and implement practices that
create an office environment conducive to enhanced prosecutorial efforts in
juvenile justice. Examples of such practices include, but are not limited to:
- Creating a specialized juvenile
unit or, if office size precludes this, designating one or more prosecutors
to handle juvenile matters exclusively.
- Assigning only well-trained
and experienced prosecutors to the specialized
unit/special prosecutorial function.
- Allocating time to properly
train additional prosecutors and to practice interoffice mentoring.
- Assigning a sufficient number
of prosecutors and support staff to handle the juvenile caseload,
including victim-witness personnel.
Once the office is organized to complement and support additional
juvenile prosecutors, the question becomes how the additional prosecutors
might be used. Clearly, they will need to fulfill traditional prosecutorial
responsibilities, such as screening cases for legal sufficiency or negotiating
their resolution, diverting cases when appropriate, and seeking the
detention of delinquents who pose a risk to themselves or the community.
However, attention must be paid not only to how the additional prosecutors
undertake traditional prosecutorial tasks but also to how they can engage
in more innovative activities.
Processing strategies to
facilitate traditional prosecutorial tasks
As the examples below indicate, a number of strategies can enhance
the prosecutor's ability to carry out traditional tasks.
Case screening. Implementing a
case-screening policy is an important step in increasing the efficiency of
case processing. This step ensures that juvenile cases are responded to
as expeditiously as possible and that the most appropriate prosecution
decision is made. If cases are screened by a prosecutor experienced in
handling juvenile matters and knowledgeable about the various response
mechanisms available (e.g., diversion and pre- and postadjudication
alternatives), cases can be sent on appropriate paths and arrangements for
various placement or treatment options can be expedited.
Vertical
prosecution. A system of vertical prosecution (i.e., one
prosecutor handles a case from start to finish) provides continuity to cases in
several ways. First, the prosecutor is more knowledgeable and
effective. He or she knows what has happened so far in a case, what the
background is, what has been said and by whom, and what should happen next.
With this knowledge, the prosecutor is in a better position to evaluate the
merits of a case and, if appropriate, undertake aggressive prosecution.
Second, a prosecutor who handles cases from start to finish or who handles the
case of a juvenile who reoffends is better informed about the juvenile's
history (e.g., criminal, health, academic, familial, and social background).
With this information and the facts of present or previous cases at his or
her fingertips, the prosecutor is equipped to argue for dispositions that
provide the right balance of rehabilitation, accountability, public safety, and
victim restoration. If and when a juvenile is brought back into the
system on a violation of probation or for reoffending, the prosecutor is
well positioned to request that graduated sanctions be imposed. Vertical
prosecution provides the best possible environment to give cases the
attention they deserve and to hold juveniles accountable for their conduct.
Fast-track prosecution. To have
the greatest impact on juveniles, cases must be handled quickly and
consequences must be imposed swiftly. This is true whether the case involves a
minor first offense or a serious third offense. When months pass between
offense and court appearance, between adjudication and disposition, or
between probation violation and hearing, the connection between
wrongful conduct and consequence is weakened, the opportunities for
rehabilitation are lessened, and the goal of accountability may not be achieved.
To reduce processing time, the prosecutor's office
can review decisionmaking processes and policies to identify steps that can
be eliminated or at least streamlined. Because the development of a
speedy process naturally requires agreements and adjustments on the part of
several entities, especially the public defender and the court, and is
likely to impact the juvenile correctional system, early coordination with
these entities is essential.
Selective fast-track
prosecution. While all juveniles benefit from
the expeditious handling of their cases, additional benefits result from
placing the cases of serious, violent, and chronic juvenile offenders on an
accelerated calendar to which one or more prosecutors are assigned.
Although this degree of specialization for all juvenile cases may be only
feasible in larger prosecutors' offices, selective fast-tracking of cases
involving targeted delinquent offenders has merit in courts of all sizes.
Because violent youth present public safety issues, they are frequently
detained in juvenile detention centers for their cases'
duration. Cases of juveniles in custody are generally handled
on an expedited basis to minimize the juvenile's preadjudication time
in custody and to promote accountability goals. The juvenile justice
system and young offenders benefit from selective fast-tracking: time spent
in detention is reduced, and lag
time between offense and response is lessened. If designated prosecutors
and courts are permitted to concentrate exclusively (even if only
temporarily) on the most serious cases, the opportunity exists for better
preparation and focus. As a result, more appropriate dispositions are likely.
Specialization. Just as assigning one
or more prosecutors to exclusively handle select cases on an accelerated basis
advances the goals of accountability and backlog reduction, specialization
itself permits more effective prosecution by providing prosecutors the
opportunity to target and aggressively prosecute certain types of cases. By
designating one or more of its prosecutors to
exclusively handle the cases of targeted delinquent offenders, the office is
recognizing these cases as a priority.
In specializing, prosecutors have the opportunity to develop expertise in
the special issues raised by these delinquency cases (e.g., competency
and proof related to cases involving gangs, weapons, and serious bodily
injury). Amore experienced and knowledgeable prosecutor has the upper hand
in case negotiation, adjudication, and disposition. He or she can use this
advantage to resolve the case in a manner that simultaneously promotes
justice, public safety, accountability, rehabilitation, and victim
restitution.
Innovative prosecutorial
tasks within the office
The role of the prosecutor often is interpreted narrowly, i.e., the
prosecutor as trial attorney. Indeed, litigation is essential to the
prosecutor's role. Prosecutors who function more broadly, however, have a greater
potential to affect juvenile cases, backlog, and recidivism. For
example, prosecutors can enhance their office's effectiveness by building
relationships with, and using the skills and expertise of, other office staff
(e.g., victim-witness professionals and staff working on drug, domestic
violence,
or family issues). Prosecutors can
also develop ties with the community and other agencies that serve juveniles
in need and can be instrumental in establishing an alternative
response system (Gramckow and Mims, 1998).
Traditionalists might object to the use of prosecutors for nonlitigation
tasks, arguing that prosecutors are not social workers (Gramckow, 1997a).
Nevertheless, the JAIBG program provides a unique opportunity to enhance
the prosecutor's role in the juvenile justice system. Many prosecutors across
the country have already responded to the need to consider other avenues to
address juvenile delinquency in their jurisdictions. A number of the
project examples provided later in this Bulletin illustrate these innovative
programmatic approaches.
The Process of Adding New Prosecutors to the Office
The hiring of additional juvenile prosecutors can follow a process similar
to the usual practices for hiring prosecutors with consideration for the area
of specialization (e.g., applicants should have a thorough knowledge of
criminal and juvenile law and trial advocacy). Characteristics of successful
candidates may include the following:
- An understanding of the
history, philosophy, and goals of the juvenile justice system.
- An understanding of the
State statute(s) under which they will work and the local and State
juvenile justice programs that are available.
- An ability and desire to
balance the sometimes competing interests of the public, the prosecutor's
office, and the juvenile.
Again, because the key to enhancing the prosecutor's response to juvenile
crime is to have more effective prosecutors -- not just more
prosecutors -- attention must be paid to acclimating the
new prosecutors to the office and the tasks
for which they will be
responsible. This is true whether the additional prosecutors are new
attorneys or experienced attorneys new to juvenile prosecution.
Among other elements, their orientation can
include:
- A basic training course on
substantive and procedural juvenile justice topics, to include cases that
involve complicated proof issues.
- A mentor system to link
experienced juvenile prosecutors with new hires.
- Frequent juvenile division
meetings for staff to share experiences and troubleshoot problems.
- A plan for supplemental
training at regular intervals.
- An introduction, through
either site visits or guest speakers, to juvenile justice professionals
(in-house and outside), agencies, and placement alternatives.
- Access to information (e.g., a
directory of national, State, and local juvenile justice resources).
- A handbook with office and
division policies, procedures, frequently used forms, and an outline of
staff responsibilities.
If these resources are not already available in the office, efforts can
be made to develop and provide them to staff. Support and funding for
these types of resources may be available through JAIBG Program
Purpose Areas 4 and 6.
Potential Obstacles to Implementation
The juvenile justice system is complex, involving a group of
independent yet interdependent entities. The entry of additional prosecutors,
without other revisions to the juvenile justice system, may make the
system "lopsided." If the number of
juvenile prosecutors significantly increases without a proportionate increase
in
the number of judges, court
reporters, bailiffs, docket managers, probation officers, public defenders,
support staff, and other professionals responding to juvenile crime, the
desired impact on caseload, especially on serious cases involving
violent offenders, is unlikely to be achieved. Even if the prosecutors were to
focus primarily on working with the community and developing
prevention programs, adding them may trigger resistance from other juvenile
justice components (e.g., law enforcement, public defenders). To ensure that
the addition of prosecutors translates into system efficiency and not new
problems, early communication about resource allocation needs to occur.
Key players from all parts of the juvenile justice system should be
brought into the fold from the beginning. A planning session could be held
to generate ideas about how to use additional prosecutors within the
existing system and how changes might be made to the system to permit
more cases to be handled. Discussions might include possible increases
in staffing for other juvenile justice system components and include
plans for identifying and using additional funding sources (Office of
Juvenile Justice and Delinquency Prevention, 1996). The focus needs to be on
what effect the additional number of prosecutors will have on the
operations of the prosecutor's office and the juvenile justice system as a whole.
If discussions among key players do not occur, system components
could work against each other, thereby negating any gains achieved by
JAIBG program funding.
Assume that additional prosecutors are in place, adjustments have
been made to office operations and staffing levels, and more cases are reaching
the court. There is still more to the equation. The addition of prosecutors
can impact the juvenile justice system in other, less predictable, ways.
Impact on the detention center
Adding prosecutors may result in the following:
- More requests for juvenile
detention, especially if the focus on serious and violent offenders
is increased.
- Longer detention periods,
even when cases are fast tracked, because cases are stronger and
not dismissed or downgraded.
- More custodial dispositions
ordered and a backlog of juveniles awaiting transfer to
appropriate correctional institutions.
If the detention center is not prepared for the number of delinquents
brought into the system, problems may follow. There could be overcrowding, and
juveniles may be released prematurely without proper treatment.
Because space is limited, the standard for detention decisions is usually
relative. Compared with the juveniles already in detention, does the
incoming juvenile present more, less, or the same threat to himself or herself and to
others? What happens if the beds are already filled with serious juvenile
offenders? There is also the chance that less serious offenders will not
receive the attention they require and may return as next year's most
serious offenders.
Communication and planning are needed to avoid such negative
outcomes. The fact that more prosecutors are available to respond to
juvenile crime should not automatically translate into increased numbers of
juveniles detained. To prevent such a result, prosecutors need to
develop consistent detention recommendations and policies, identify problems
and concerns regarding these policies, and update the policies when
necessary. Prosecutors should also consult with the court, police, public
defenders, and juvenile corrections program representatives to develop
and
troubleshoot plans and procedures for requesting detention.
Prosecutors should also be knowledgeable about detention
alternatives (both secure and nonsecure), meet with administrators of
alternative programs, visit program sites, and inquire about recidivism
rates. They should then use this information to support arguments for
and against the placement of juveniles in pre- and postadjudication
alternative programs.
Detention center administrators should work closely with representatives
from State corrections institutions and dispositional programs to avoid the
problems presented by a backlog of postdisposition juveniles awaiting
custodial placement. Through communication and planning, juvenile justice
professionals can adopt policies to limit the amount of time juveniles wait in
detention for transfer. If it becomes apparent that there are not enough beds to
serve the juveniles in need of placement, efforts
can be made to secure additional funding to provide the needed
beds and programs. This might be achieved, in part, through JAIBG
Purpose Areas 1 and 2.4
New prosecutors, who might not know the range of dispositional
alternatives available, may tend to play it safe by arguing for incarceration
or placements that are more intensive than necessary. This is a mistake.
It makes incarceration requests for juveniles who truly warrant them
less meaningful, erodes the prosecutor's reputation, and counters the
juvenile prosecutor's responsibility to balance rehabilitation with
accountability. To prevent this problem,
prosecutors need to be educated about all available alternatives. To ensure
consistency, prosecutors should confer
regularly as a group to discuss
the dispositions they will request in all cases. Prosecutors also can
support the development of, and assist in seeking funding for, needed
dispositional alternatives.
Impact on the court and dispositions
If the number of new prosecutors is significant and results in more
cases reaching the court, then more judges, court support staff, and, in
some cases, juvenile courtrooms may be needed because of the
confidential nature of juvenile proceedings.
To accommodate increased caseloads and provide access to appropriate
pretrial and sentencing alternatives, judges need to have sufficient
dispositional options, ranging from the least
secure and least supervised to the most secure and most supervised. It is essential
that all parties to disposition hearings be educated about the options available
to ensure that a well-founded disposition is ordered in each case.
If more courtrooms are needed, they should include waiting areas for
victims and prosecution witnesses and separate waiting areas for
juvenile defendants, their parents, and defense witnesses. Connecting
the courtroom designated to handle the cases of detained juveniles by
elevator or special hallway to the secure detention area avoids parading
the juvenile through the public courthouse hallways and avoids
potential conflict between the juvenile and victims, witnesses, or other bystanders.
Coordination With Other Justice System Components
Prosecutors are just one of many interdependent components that
constitute the juvenile justice system. The JAIBG program recognizes the importance
of system coordination by requiring the development of a JCEC as a
prerequisite to the receipt of program funding. Local JCEC's
comprise individuals representing the police,
sheriff, prosecutor, probation office, court, schools, businesses, and
crime prevention organizations, among other groups. The JCEC
is responsible for drafting the CEP, a blueprint for a
specific jurisdiction's use of program funds. Because this plan should
address how additional prosecutors (and other system staff) will be used
and because JCEC members need to endorse the plan, it should include
directives for effectively connecting all justice system components,
including prosecutors.
In developing the CEP, the JCEC might consider, among
other provisions:
- When, with whom, and
through which channels the players will communicate.
- Whether meetings will be open
or closed, public or confidential.
- Which policies will be followed
or developed to govern the sharing of information.
- Who will initiate and lead the
communication and coordination.
- Which justice system
components will be subject to coordination.
- Whether all justice system
component representatives will have equal votes for adopting or
rejecting proposed coordination policies.
Although the mission and responsibilities of each justice system
component differ, the adoption of a comprehensive plan could help minimize
unintended misunderstandings, conflicts of interest, and obstacles to
implementation. Other justice system players,
especially those who also are recipients of JAIBG funding, share the prosecutor's
desire to coordinate the development of a more efficient and effective approach.
Coordination can start simply with the sharing of information
about philosophies, resources, limitations, and goals. With this
groundwork, prosecutors and representatives from
other components can begin to
determine how their interests are similar and in what ways they can seek
common outcomes.
With a better understanding of their shared interests and goals,
justice system players can collaborate to undertake joint activity when
appropriate (e.g., meeting to discuss nonsecure placement options
for first-time, low-level offenders). Collaboration can promote and
speed the achievement of justice system objectives (e.g., rehabilitation,
accountability, public safety, victim restoration) and can also
improve system efficiency. Collaboration also can involve the community,
which results in many more benefits to all involved.
Community Prosecution
Prosecutors in the United States have experimented with
community-oriented work since the early 1990's (Gramckow, 1995). Just as police
departments developed different models of community policing,
prosecutors developed different approaches reflecting their communities'
needs. In some places, this means little more than simple organizational
adjustments in response to community policing; in others, prosecutors have
assumed a proactive role in working with the community and other
agencies to ensure neighborhood safety (Gramckow, 1997a; Jacoby,
Gramckow, and Ratledge, 1995; American Prosecutors Research Institute, 1995).
In 1997, of the approximately 2,850 prosecutors' offices throughout
the United States, only about two dozen developed comprehensive
programs that go beyond community outreach and education (Gramckow,
1998). Recently, the interest in community-oriented work by prosecutors'
offices has increased significantly. Recognizing the many benefits of
community prosecution, Congress made Federal funds available in 1998 to
promote
the development of such efforts (Office of Justice Programs, 1999).
The main reason for the initially slow increase in jurisdictions that
applied this concept was a lack of understanding of what community
prosecution means for prosecutors' offices and their communities. Elected and
appointed prosecutors often find it difficult to understand how
community prosecution differs from their traditional work. This is
because community outreach and involvement have always been a part of
their responsibilities. Further, geographic assignments and
decentralization that are often praised as essential
for community-oriented work are not just a trait of community-oriented
efforts. Many large jurisdictions established satellite offices years ago because
it was organizationally more sound to locate prosecutors close to the
courts they serve.
What makes community prosecution different, however, is that prosecutors:
- Identify and analyze crime
and order problems in specific geographic areas in cooperation
with the community and other government agencies.
- Develop solutions that include
traditional criminal and juvenile justice responses combined with
alternative modes to resolve conflict and prevent crime.
- Pay attention to crime
prevention and less serious violations.
- Engage in a long-term,
proactive, committed partnership with law enforcement agencies, the
community, and other public and private organizations to provide
services needed to solve existing neighborhood problems.
The basic premise behind community prosecution is to ensure that the
office responds to various community priorities or, better yet, that
communities can work with the office to target existing problems. Such an approach requires familiarity with
neighborhood issues and the ability to adjust justice responses accordingly.
This may be achieved by assigning cases from a specific geographic area
to specific assistant prosecutors, who can then become familiar with
the area, its dynamics, and problems. As a result, the prosecutor will be
better informed about the case background and will better understand the
impact the criminal act and any criminal justice response have on the
offender, the victim, and the neighborhood. He or she is then able to provide the
trial judge with information usually not available to the court, thus
facilitating more informed decisions.
The common denominator in all community prosecution programs is
that prosecutors operate in response to community needs. Problems can
be identified by analyzing crime patterns and socioeconomic data,
attending community and other agency meetings, and listening to the concerns
of community members. In turn, community members develop a
better sense of the justice system, feel that they are an active part of the
process, and begin to develop more trust in the system (Jacoby and Gramckow, 1993).
An example from Portland, OR, illustrates this point. Where only a
short time ago a local cement manufacturer had called police repeatedly
because young skateboarders were trespassing on and littering, destroying, and
spray painting his property, the same young people are now enjoying a new
skateboard park, patrolling the area, and keeping the compound clean.
Built with the help of the cement manufacturer, the skateboard park is a
result of an agreement between teenagers, a local business, and government
agencies, a cooperation that was initiated and facilitated by the local
prosecutor (Gramckow, 1997b).
Like the district attorney in Portland, OR, many prosecutors in the
United
States are currently rethinking
their roles and paying increased attention to crime prevention and
alternative measures to create safer neighborhoods. These prosecutors
recognize that criminal procedures alone cannot break the cycle of violence and
that citizens feel safer and criminal activity can be reduced when the
quality of life in a neighborhood is improved (Goldstein, 1987).
Specialized Juvenile Programs
Prosecutors, as a result of their standing in the community, leadership
in the criminal and juvenile justice fields, and authority provided by statute,
are well suited generally to take the lead in initiating, implementing,
and/or operating specialized programs that advance the goals of JAIBG.
Still, the process of restructuring how the juvenile justice system operates is not
easy. It takes time, resources, and creative energy to identify current faults,
fashion specific remedies, and bring other agencies and the community
together. With cooperation and participation from representatives of other
juvenile justice system components, prosecutors can take an active role in
modifying the system.
The following examples do not provide an exhaustive account of possible
models to address juvenile crime or identify the suitability of one model
over another in a given jurisdiction. The purpose of this discussion, however,
is to spark creative thinking about how additional prosecutors can be used
to expand their activities beyond traditional prosecutorial tasks and, at
the same time, instigate change in the ways the justice system as a whole operates.
The first example represents a comprehensive approach for restructuring
the "front part" of the juvenile justice
system (i.e., the intake and assessment process). Such a comprehensive,
costly undertaking may not be possible in many jurisdictions; however,
prosecutors and other criminal justice representatives as a group can use this
example as a starting point from which to construct and tailor a plan
suitable to their specific local needs (Coordinating Council on Juvenile Justice
and Delinquency Prevention, 1996).
The other examples illustrate diversion approaches taken by
prosecutors. Diversion is an area that many prosecutors have addressed in
their program development efforts. The examples provided, such as
the Thurston County (WA) Twelve Day Diversion Plan, are just a few
innovative and successful examples of how prosecutors might be used
to implement specialized juvenile
programs.5 Because jurisdictions have unique needs and resource levels,
a program that works in one jurisdiction may not work in another
without appropriate adjustments. Program developers should,
therefore, be attuned to the climate in their communities and be prepared to
tailor their plans accordingly.
Contact information for these programs is provided later in this Bulletin,
under the "For Further Information" section.
Community assessment centers
Community assessment centers (CAC's) provide a 24-hour
centralized point of intake and assessment for juveniles who have or are likely to
come into contact with the juvenile justice system. The model is based on
the premise that early, meaningful, coordinated intervention is necessary to
prevent chronic reoffending (Oldenettel and Wordes, 1999, in press).
Operation. Juvenile cases are
brought to a central intake center that operates 24 hours a day. Here, all juveniles
are assessed, and a treatment plan is developed. It is important to note,
however, that it may not be practical for some communities to have a
physical single point of entry. In such cases,
a virtual single point of entry could be established at which all youth
receive the same assessment and case management procedures and
where an integrated management information system (MIS) that all service
providers could access is used. This general assessment procedure is especially
important because it includes at-risk youth who commit minor offenses
and who traditionally may be overlooked. As a
result, the likelihood of early, appropriate intervention and
support is increased and recidivism is reduced. Juveniles charged with a
delinquency offense can be transferred to a secure facility if the nature and
circumstances of the offense warrant it. After the
juveniles have been referred to appropriate treatment and service
providers, their progress is monitored. This is another positive deviation from the
traditional process that rarely provides any mechanism for follow up that
allows for adjustment of services and collection of information.
Benefits. Potential direct benefits
are expected to include the following:
- Efficient use of justice system
resources (e.g., police, prosecutor, court, treatment, probation).
- Enhanced information sharing.
- Better informed and
immediate juvenile placements (freeing detention center beds).
- Improved offender and
outcome tracking.
- Facilitation of
interagency coordination.
By reaching and treating juveniles early, CAC's
can reduce the likelihood of juveniles returning to
the system as chronic violent offenders (Office of Juvenile Justice and
Delinquency Prevention, 1995; Oldenettel and Wordes, 1999).
Role of the
prosecutor. Although a major function of a CAC is to assess
and refer at-risk juveniles to appropriate
services and placements, it also serves as an intake center for
juveniles charged with committing crimes and offenses. Because
prosecutors should be involved early in all delinquency cases within
their jurisdictions, their participation in this process is essential. At the
CAC, prosecutors can screen cases for possible diversion, assess the legal
sufficiency of charges, take a position on whether to transfer the juvenile
to a secure detention facility, gather information about local crime
incidents (e.g., gang data, time and place of offenses), link with other
juvenile justice professionals to develop policies and procedures that address
juvenile crime and delinquency, and create programs to educate the
community about justice system resources. In close coordination
with other criminal justice officials, prosecutors can take an active role
in planning, implementing, and operating the CAC to ensure that the
program advances public safety and law enforcement interests.
As with any juvenile justice program, how the prosecutor functions
within the CAC will be a reflection of local needs, philosophies, and
resources. In some jurisdictions, the number of cases handled by the CAC may
warrant the designation of an onsite prosecutor liaison. In others, it may
be more appropriate to develop general response agreements and to
designate an on call prosecutor who becomes involved only if a juvenile
accused of a serious or violent offense is delivered to the CAC. Regardless of
the jurisdiction's size, for the prosecutor to be effective, the office must be
fully integrated in the planning, coordination, and implementation of all
CAC plans.
Advancing the goals of
Purpose Area 4. CAC's assist prosecutors in being fully informed from the time
an offender is brought to the center and in focusing intensely on serious
cases for effective prosecution. The CAC
also provides for early and
meaningful intervention, thus potentially preventing first-time and minor
offenders' later return to the justice system as serious, violent, or chronic
offenders. This affects current and future caseloads and backlogs.
Relation to other JAIBG
purpose area goals. Information sharing can be improved through a
comprehensive MIS that is part of the CAC. Jurisdictions without a
sophisticated MIS in place should not be discouraged from considering the
CAC model. Recognizing the need for a comprehensive MIS to facilitate
the information-sharing process, the JAIBG program provides
funding through Purpose Area 6 for technology, equipment, and training.
Obstacles to
implementation. The CAC model, by its nature,
requires either a physical or a virtual single point of entry for juvenile intake
and assessment. In some jurisdictions, a facility to serve as a physical point
of entry may already exist requiring few modifications. In other
jurisdictions, this option may be unavailable. Depending on the CAC's
mission in a given jurisdiction, Purpose Area 1 funding for the "construction
of juvenile detention or correctional facilities" may be
applicable.6 Still, funding, not just for developing
but especially for maintaining such a center, remains an issue for most
jurisdictions. In addition, the size and nature ofa
jurisdiction may pose special impediments. For example, the
need to transport juvenile offenders to and from the center may make a
central assessment location impractical and too costly. Rural
jurisdictions frequently lack the number of offenders to warrant such an
expense, and access to services for juvenile delinquents may be inadequate,
negating one of the center's
ultimate goals: fast delivery of needed services. Nevertheless, jurisdictions
that cannot afford a full-service CAC can consider implementing some of
the centralized and coordinated functions available at a CAC within
their existing court systems.
Twelve Day Diversion Plan
The Twelve Day Diversion Plan was implemented in Thurston
County, WA, by the prosecutor's office in 1995 after months of planning in
coordination with local law enforcement, school officials, Community
Youth Services, and the juvenile court administration. Designed as an
improved version of the county's existing diversion program, the plan
seeks to eliminate procedural delays in the processing of juvenile diversion
cases and to involve the community fully in the process. An evaluation
conducted by a local university indicated that this approach is not only
more efficient but is also more effective in reducing future involvement with
the juvenile justice system than the traditional process.
Program operation. Within 2 to
4 days of receiving notice from law enforcement that a charge has
been filed, the prosecutor's office opens a case file, checks the
juvenile's criminal history, screens the case for diversion eligibility, and notifies
the juvenile of the date of his or her community accountability board
(CAB) hearing. The CAB, one of the innovative components of this
program, comprises four community volunteers recruited and trained
through an outside agency. Prior to the program's implementation,
processing of diversion cases took several months, and only 20 percent of
juveniles appeared before the board. Now, the CAB hearing date is scheduled
no more than 8 working days after the notification letter is sent. This
adds up to a total time from charge to initial hearing of only 12 working
days.
In addition, 100 percent of
diverted cases are brought before the CAB.
Program benefits. Gaining and
maintaining community involvement in any delinquency prevention
program is not easy. In Thurston County, however, the community component
has proven to be a significant benefit to the juvenile justice system,
juvenile offenders, and the community. CAB volunteers are from the same
community in which the offender lives. The CAB develops the terms and
conditions (e.g., community service, restitution, fine, counseling, curfew,
and school and work obligations) of the diversion agreement with the
juvenile. This process benefits the juvenile and the community. The
community learns about the system's resources and limitations, can take a position
on the consequences imposed for transgressions committed by local
youth, and assumes responsibility for the future of its youngest citizens.
The offenders witness the community's commitment to their welfare,
observe the results of their delinquent conduct, and have the opportunity
to restore the trust that they have damaged. Moreover, the program
helps build relationships between delinquents and local role models.
Because the program processes diversion cases in as short a time as
possible, the juveniles are subject to swift and meaningful consequences.
Another positive aspect of the plan is its cost effectiveness. The designated
prosecutors (possibly funded via Purpose Area 4) make up the staff
necessary to expedite screening procedures. Even without additional
prosecutors tasked exclusively with program activities, a jurisdiction that wants
to develop a program similar to the Twelve Day Diversion Plan
could refocus and streamline the current staff's workload. Because the
CAB is made up of volunteers, the jurisdiction incurs no additional cost.
Role of the
prosecutor. During the planning and development
phases,
the prosecutor in Thurston County generated support for the
program and encouraged individuals to participate on the CAB. Later, in the
operational phase, assistant prosecutors were tasked with screening cases
for diversion and deciding which offenders and/or offenses were
appropriate for the program. With clear policies in place before operations begin
and with the designation of a prosecutor to the program, the screening
process is faster, more consistent, and efficient. The prosecutor's
involvement also provides the program with credibility that ensures that juvenile
offenders take the outcomes seriously and that participating
community members and others recognize its viability.
Advancing the goals of
Purpose Area 4. The program removes less serious cases from prosecutors'
caseloads, thus freeing up time to focus on more complicated and serious
cases. Then, by treating first-time offenders before they have the opportunity
to reoffend and return to the system, the program reduces potential
future workloads. In addition, the quick, 100-percent response rates ensure
accountability, and the involvement of community members provides for
a mechanism to allow the offender to restore the community.
Obstacles to
implementation. Washington State's juvenile code,
which enunciates diversion as an alternative to prosecution, provides an
environment favorable to the development of a diversion program tailored to
fit community and offender needs. For States without such a favorable
statute, implementing a similar program requires either working within
the existing statutory boundaries or seeking a change in legislation.
Because most States permit diversion in one form or another, achieving
legislative change may not be necessary. Rather, the task will be to design a
program that conforms with statutory restrictions yet achieves desired goals.
Generating community support and participation is another issue to be
considered because community volunteers play such an active role in program
operations. In a jurisdiction in which the perception has been that the justice
system does not hold offenders accountable, community members may at
first hesitate to support and/or volunteer to serve on the CAB. Under these
circumstances, it is important for the prosecutor to educate the community about
the merits of the program and to encourage individuals to participate.
Pueblo, CO, Juvenile
Diversion Program
This diversion program, which has been operating since the
mid-1970's in the 10th Judicial District, Pueblo, CO, targets first-time
offenders charged with nonserious offenses. In lieu of adjudication in juvenile
court, juveniles receive alternative sanctions via a voluntary agreement with
the prosecutor's office. These agreements might include community
service, education and awareness programs (e.g., tobacco abuse, shoplifting,
anger), restitution, treatment referral, tutoring, and periodic reporting to
a case supervisor. If the conditions of the agreement are met within a
given time period and no new offenses are committed, the matter is closed. If
the terms of the agreement are not satisfied, the matter is referred for
prosecution in juvenile court.
Role of the
prosecutor. The Pueblo, CO, Juvenile Diversion Program
is part of the prosecutor's office. Since 1981, when the program was
significantly expanded, the office has assumed responsibility for case
management, referrals to treatment and other programs, and imposition of
consequences. In addition to overseeing these tasks, the prosecutor's
office works with program staff to develop policies about which types of
cases and offenders should be eligible for diversion. As a follow up, the
prosecutor meets periodically with program
staff to discuss cases being
considered for diversion that present more complicated suitability questions. It
should be noted that, at any stage in the process, the prosecutor's office may
reject a case from, or refer a case to, the program. To ensure the active
participation of community members and representatives from other
juvenile justice agencies, the prosecutor educates others about the program
specifics, generates public support, and recruits volunteers.
Success. In 1997, the program
diverted approximately 50 percent of the delinquency cases that were legally
sufficient to support formal prosecution, thus significantly reducing the
number of cases brought to court.
Abolish Chronic Truancy
Abolish Chronic Truancy (ACT) is a program of the Los Angeles
County District Attorney's Office that began in March 1991. Its goal is to
prevent delinquency by returning habitually truant children to school.
Program operation. When
students with attendance problems are identified, specially assigned deputy
district attorneys intervene. At meetings with parents and students, these
deputies explain the importance of school attendance, the parental obligation
to ensure school attendance, and the potential legal consequences of
continued absenteeism to both the student and parents. If attendance
problems continue, the case is referred to the Student Attendance Review
Team (SART) made up of community youth and family service agencies. SART
attempts to alleviate the underlying causes of absenteeism and
behavior problems by alerting parents to their child's problems and linking
students and parents who need additional assistance with appropriate
services. If SART interventions do not improve the child's attendance
record, the case is referred to the School Attendance Review Board and the
district attorney's office for an
informal hearing. If the truancy problem cannot be resolved, the district
attorney may prosecute the parents, student, or both. Convicted parents can
face up to 1 year in jail.
Program benefits. With a focus
on accountability, not punishment, ACT seeks to reduce crime and violence
in the community by getting youth off the streets and back into school
rather than into court. The increased attention and support provide
students who return to school with the opportunity to develop job skills and
experience academic success. The program has experienced a
99-percent success rate in returning chronically absent minors to school and has
generated enthusiasm within the community and the belief that the
problem of truancy is not hopeless. Most important, ACT has
empowered families to reestablish parental authority and improve family life.
Role of the
prosecutor. The deputy district attorneys assigned to
ACT serve dual functions: prevention and enforcement. They first facilitate
and enhance the efforts of community social service agencies to
abolish truancy and prevent crime. When informal efforts prove
unsuccessful, deputy district attorneys assume an enforcement role, using their
position to hold the student and/or parents accountable.
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2
Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182 (1972).
3 Barker, 407 U.S. at 522.
4 For information on Program Purpose Areas 1 and
2, see Roush and McMillen, 1999, and Griffin,
1999, respectively.
5 Examples of programs that specifically address
serious juvenile offenders are provided in Gramckow
and Tompkins, 1999.
6 See Roush and McMillen, 1999, for information
on Purpose Area 1.
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