Juvenile Justice in California: Facts & IssuesThe California Welfare and Institutions Code (W&I) Code states that: the mission of the California Juvenile Court is primarily the rehabilitation as well as the punishment of juveniles and the protection of the community. <38>
California's Juvenile Justice System is a complicated network of people and agencies which processes about 250,000 juvenile arrests annually at a cost of over $1 billion. <39>
There is a consensus among those who have conducted recent studies
of juvenile justice issues in California that the juvenile justice
system is often unable to adequately address "minor"
crimes because of a lack of time and resources. Younger children
in particular do not receive the prompt attention and counseling
that might keep them out of the system. Huge caseloads and the
budget crunch on local probation departments mean the system is
unable to serve all its clients and provide the support and opportunity
to change from crime-prone behavior.
Professor Robert E. Shepherd, Jr., of the Richmond Law School,
in an article in the Journal Criminal Justice, notes that:
The principle strategy of choice across the nation in attacking the perceived epidemic of youth crime has been to place more juveniles in adult court. This has been done by lowering the maximum age of juvenile court jurisdiction, dropping the minimum age for mandatory or discretionary transfer to criminal courts, increasing the range of offenses that warrant placement in the adult system, and giving prosecutors more power and discretion to file juvenile cases directly in the adult criminal court. <40>
California Felony Arrest Rates (by Age)
1993
1. Felony arrest rates (compared to population) for
juveniles are consistently higher than those for adults.
2. The felony arrest rate peaks at age 16 for property crime and
at age 18 for violent crime.
3. While juveniles (11 to 17) accounted for 16 percent of the
arrests in California, they made up only about 9.3 percent of
the state's total population.
Source: Legislative Analyst's Office, Juvenile Crime May 1995,
Outlook for California, 14
Juveniles Account for a Significant Number of
All Arrests
1993
1. Juvenile accounted for 16 percent of all felony arrests in
California.
2. Juveniles accounted for 26 percent of all property arrests
and 14 percent of violent crime arrests .
Source: Legislative Analyst's Office, Juvenile Crime,, Outlook
for California, 1995, 11.
Numbers of Juvenile Arrests Related to Number of Juveniles in Total Population
The number of juvenile arrests is linked to the relative size
of that age group within the total population,
<41>
and therefore is
driven by changes in population size. California's juvenile population
is projected to grow over 20 percent in the next decade ( through
2004).
<42>
The California Legislative Analyst's Office (LAO) estimates
that, if no changes take place in the system, we can expect a
one-third increase in the number of juvenile offenders entering
the system because of the increased number of youth in the delinquency-prone
age group.
Estimated Number of Juvenile Felony Arrests Through
2004
1. Based on the juvenile arrest rates for the past five years
and using population projections for juveniles for the next ten
years, we estimated the likely growth in juvenile arrest rates
through 2004.
2. We estimate that the number of juvenile arrests will
increase over 29 percent over the next ten years, even if arrest
rates stay the same. This assumes that the population of
11 through 17 year olds grows from 2.9 million in 1993 to 3.9
million in 2004.
3. The number of arrests for violent crime is estimated to increase
from 21,590 juvenile arrest in 1993 to over 36,000 juvenile
violent arrests by 2004.
4. Our estimate projects the number of arrests there will
be over time. If the arrest rate increases in the future,
as it has over the past five years, there would be even more arrests.
Source: Legislative Analyst's Office, Juvenile Crime: Outlook
for California, 1995, 23.
Who are the Serious Offenders?
Several studies now show that a small number of offenders commit
the majority of crimes. Most individuals arrested as juveniles
will not be arrested as adults. For example, in an Orange County
study, between 8 percent and 12 percent of offenders account for
60 percent of juvenile and subsequent adult crime. The younger
the arrestee, the greater the likelihood of subsequent arrests.
The Orange County Probation Department has been operating an
intervention program which works with juveniles identified as
possible future serious offenders, according to a number of risk
factors. These factors include: failure in school, family problems,
substance abuse, behavior patterns, gang membership and gun possession.
<43>
The Legislature has recently provided funding to expand the program
in five counties, including Orange, Los Angeles and some rural
counties.
Juvenile Homicide Arrest Rate
|
Proportion of Those Committed to the CYA Facilities for Violent Offences
Source: California Youth Authority, |
The juvenile arrest rate for homicide in 1994 was 85.5 percent higher that in 1985. <44> Peter Greenwood states that all the growth in juvenile homicide is being driven by juveniles with guns. They are not beating each other with baseball bats or knuckles, but firearms. He asserts that juveniles have been arming themselves since 1982 for a variety of reasons, often for self-protection. <45> Studies by the Federal Bureau of Investigation (FBI) confirm this conclusion. From 1983 through 1991, the proportion of homicides in which the juvenile used a gun increased from 55 percent to 78 percent. <46> Recent research by Dr. Alfred Blumstein has also shown the relationship between gangs, drug distribution, firearms and homicide. He concluded that the arming of juveniles in the drug trade paralleled the escalation of juvenile homicide arrests during the 1980s. <47>
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