Comprehensive Juvenile Justice Strategy Presentation

APTER ONE: Childhood and Delinquency

 

CHAPTER OUTLINE

THE RISKS AND REWARDS OF ADOLESCENCE

· Youth at Risk

What Does This Mean to Me?

FOCUS ON DELINQUENCY: Teen Risk Taking

Problems in Cyberspace

Is There Reason for Hope?

JUVENILE DELINQUENCY

THE DEVELOPMENT OF CHILDHOOD

· Custom and Practice in the Middle Ages

The Development of Concern for Children

Childhood in America

Controlling Children

DEVELOPING JUVENILE JUSTICE

· Juvenile Justice in the Nineteenth Century

Urbanization

The Child-Saving Movement

Were They Really Child Savers?

Development of Juvenile Institutions

Society for the Prevention of Cruelty to Children (SPCC)

The Illinois Juvenile Court Act and Its Legacy

Reforming the System

Delinquency and Parens Patriae

The Current Legal Status of Delinquency

Legal Responsibility of Youths

STATUS OFFENDERS

· Origins of the Status Offense Concept

The Status Offender in the Juvenile Justice System

Reforming the Treatment of Status Offenders

JUVENILE DELINQUENCY: Intervention: Family Keys Program

The Future of the Status Offense Concept

Curfews

Disciplining Parents

LEARNING OBJECTIVES

After reading this chapter you should:

· 1. Be familiar with the risks faced by youth in American culture.

· 2. Develop an understanding of the history of childhood.

· 3. Be able to discuss development of the juvenile justice system.

· 4. Trace the history and purpose of the juvenile court.

· 5. Be able to describe the differences between delinquency and status offending.

REAL CASES/REAL PEOPLE: Aaliyah’s Story

Aaliyah Parker ran away from home at the age of 17. She struggled with family issues and felt she could no longer live with her mother, stepfather, and younger siblings in their California home. Arriving in Colorado with no family support, no money, and no place to live, she joined other runaway adolescents, homeless on the streets. Aaliyah began using drugs and was eventually arrested and detained at a juvenile detention center for possession of methamphetamines and providing false information to a police officer.

When Aaliyah entered the juvenile justice system she was a few months from turning 18. Due to issues of jurisdiction, budget concerns, and Aaliyah’s age, system administrators encouraged the case worker assigned to Aaliyah to make arrangements for her to return to her family in California. The case worker could see that Aaliyah had a strong desire to get her life back on track. She needed assistance, but the cost of her treatment would be over $3,000 per month, and the county agency’s budget was already stretched. She was transported from the juvenile detention center to a 90-day drug and alcohol treatment program where she was able to detoxify her body and engage in intensive counseling. The program also provided family therapy through phone counseling for Aaliyah’s mother, allowing the family to reconnect. Despite this renewed contact, returning home was not an option for Aaliyah.

Aaliyah contacted a group home run by a local church that takes runaway adolescents through county placements and provides a variety of services for clients and their families. Aaliyah entered the group home, was able to get her high school diploma, and eventually enrolled in an independent living program that assisted her in finding a job and getting her own apartment. Aaliyah has remained in contact with her juvenile case worker. Although she has struggled with her sobriety on occasion, she has been able to refrain from using methamphetamines. Her case worker continues to encourage Aaliyah and has been an ongoing source of support, despite the fact that the client file was closed several years ago. Aaliyah’s success can be credited to the initial advocacy of her case worker, the effective interventions, and to the strong determination demonstrated by this young woman.

There are now 75 million children in the United States under age 17 — about 37 percent of the population—many of whom share some of the same problems as Aaliyah. 1  Thousands become runaways and wind up on the streets where their safety is compromised, and they may turn to drugs, alcohol, and crime as street survival strategies. Simply spending time on the streets increases their likelihood for violence. 2

The present generation of adolescents faces many risks. They have been described as cynical, preoccupied with material acquisitions, and uninterested in creative expression. 3  By age 18, the average American adolescent has spent more time in front of a television set than in the classroom. In the 1950s, teenagers were reading comic books, but today they watch TV shows and movies that rely on graphic scenes of violence as their main theme; each year they may see up to 1,000 rapes, murders, and assaults. When they are not texting and tweeting, teens are listening to rap songs by Gucci Mane, V-Nasty, and Tyga, whose best-selling 2012 song “Rack City” includes these romantic lyrics:

· I’mma M—f— star

Look at the paint on the car

Too much rim make the ride too hard

Tell that bitch hop out, walk the boulevard

I need my money pronto

These artists’ explicit lyrics routinely describe substance abuse and promiscuity and glorify the gangsta lifestyle. How does exposure to this music affect young listeners? Should we be concerned? Maybe we should. Research has found that kids who listen to music with a sexual content are much more likely to engage in precocious sex than adolescents whose musical tastes run to Adele and Justin Bieber. 4

THE RISKS AND REWARDS OF ADOLESCENCE

The problems of American society have had a significant effect on our nation’s youth. Adolescence is a time of trial and uncertainty, a time when youths experience anxiety, humiliation, and mood swings. During this period, the personality is still developing and is vulnerable to a host of external factors. Adolescents also undergo a period of rapid biological development. During just a few years’ time, their height, weight, and sexual characteristics change dramatically. A hundred and fifty years ago girls matured sexually at age 16, but today they do so at 12.5 years of age. Although they may be capable of having children as early as 14, many youngsters remain emotionally immature long after reaching biological maturity. At age 15, a significant number of teenagers are unable to meet the responsibilities of the workplace, the family, and the neighborhood. Many suffer from health problems, are underachievers in school, and are skeptical about their ability to enter the workforce and become productive members of society.

In later adolescence (ages 16 to 18), youths may experience a crisis that psychologist Erik Erikson described as a struggle between ego identity and role diffusion.  Ego identity  is formed when youths develop a firm sense of who they are and what they stand for;  role diffusion  occurs when youths experience uncertainty and place themselves at the mercy of leaders who promise to give them a sense of identity they cannot mold for themselves. 5  Psychologists also find that late adolescence is dominated by a yearning for independence from parental control. 6  Given this mixture of biological change and desire for autonomy, it isn’t surprising that the teenage years are a time of conflict with authority at home, at school, and in the community.

ego identity

According to Erik Erikson, ego identity is formed when persons develop a firm sense of who they are and what they stand for.

role diffusion

According to Erik Erikson, role diffusion occurs when youths spread themselves too thin, experience personal uncertainty, and place themselves at the mercy of leaders who promise to give them a sense of identity they cannot develop for themselves.

Youth at Risk

Problems in the home, the school, and the neighborhood have placed a significant portion of American youths at risk. Youths considered at risk are those who engage in dangerous conduct, such as drug abuse, alcohol use, and precocious sexuality. Although it is impossible to determine precisely the number of  at-risk youths  in the United States, one estimate is that 25 percent of the population under age 17, or about 18 million youths, are in this category. The teen years bring many new risks—including some that are life-threatening. Each year almost 14,000 Americans ages 15 to 19 lose their lives in such unexpected incidents as motor vehicle accidents, homicide, and suicide. It is estimated that three-quarters of teen deaths are due to preventable causes, yet little is being done to reduce the death rate. 7  The most pressing problems facing American youth revolve around five issues: poverty, health and mortality problems, family problems, substandard living conditions, and inadequate education. 8

at-risk youths

Young people who are extremely vulnerable to the negative consequences of school failure, substance abuse, and early sexuality.

Poverty.

Poverty in the United States is more prevalent now than in the late 1960s and early 1970s, and has escalated rapidly since 2000. While poverty problems have risen for nearly every age, gender, and race/ethnic group, the increases in poverty have been most severe among the nation’s youngest families (adults under 30), especially those with one or more children present in the home. Since 2007, the poverty rate has risen by 8 percent among these families, hitting 37 percent in 2010; in 1967 it stood at only 14 percent. Among young families with children residing in the home, 4 of every 9 were poor or near poor and close to 2 out of 3 were low income. 9

Working hard and playing by the rules is not enough to lift families out of poverty: even if parents work full-time at the federal minimum wage, the family still lives in poverty. Consequently, about 6 million children live in extreme poverty, which means less than $10,000 for a family of four; the younger the child, the more likely they are to live in extreme poverty. 10

Which kids live in poverty? Minority kids are much more likely than white, non-Hispanic children to experience poverty, though because of their numerical representation, there are actually a larger number of poor white children in the population. Nonetheless, proportionately, Hispanic and black children are about three times as likely to be poor than their white peers. 11  And as  Figure 1.1  shows, kids living in a single-parent female-headed household are significantly more likely to suffer poverty than those in two-parent families.

 

FIGURE 1.1: Percentage of Children Ages 0–17 Living in Poverty by Family Structure

Source: U.S. Census Bureau, Current Population Survey, Annual Social and Economic Supplements www.childstats.gov/americaschildren/surveys2.asp  (accessed June 12, 2012).

 

Poverty hits kids especially hard, making it difficult for them to be part of the American Dream. Here Jalinh Vasquez holds her sister Jayshel Barthelemy in the FEMA Diamond trailer park in Port Sulphur, Louisiana, where they still live with five other children and four adults four years after Hurricane Katrina destroyed their home. They are still awaiting money from the federal Road Home program to purchase a new home. Approximately 2,000 families in the New Orleans metropolitan area live in FEMA trailers, and 80 percent of those still in trailers were homeowners who are unable to return to their storm-damaged houses.

Child poverty can exact a terrible lifelong burden and have long-lasting negative effects on the child’s cognitive achievement, educational attainment, nutrition, physical and mental health, and social behavior. Educational achievement scores between children in affluent and low-income families have been widening over the years, and the incomes and wealth of families have become increasingly important determinants of adolescents’ high school graduation, college attendance, and college persistence and graduation. The chances of an adolescent from a poor family with weak academic skills obtaining a bachelor’s degree by their mid-20s is now close to zero. 12

Health and Mortality Problems.

Receiving adequate health care is another significant concern for American youth. There are some troubling signs. Recent national estimates indicate that only about 18 percent of adolescents meet current physical activity recommendations of one hour of physical activity a day, and only about 22 percent eat five or more servings of fruits and vegetables per day. 13

Kids with health problems may only be helped if they have insurance. And while most kids now have health care coverage of some sort, about 10 percent or 7.5 million youth do not. 14  As might be expected, children who are not healthy, especially those who live in lower-income families and children from ethnic and minority backgrounds, are subject to illness and early mortality. Recently, the infant mortality rate rose for the first time in more than 40 years, and is now 7 per 1,000 births. The United States currently ranks 25th in the world among industrialized nations in preventing infant mortality, and the percent of children born at low birth weight has increased. 15

While infant mortality remains a problem, so does violent adolescent death. More than 3,000 children and teens are killed by firearms each year, the equivalent of 120 public school classrooms of 25 students each; more than half of these deaths were of white children and teens. Another 16,000 children and teens suffer nonfatal firearm injuries. Today, more preschoolers are killed by firearms than law enforcement officers killed in the line of duty. 16

Family Problems.

Family dissolution and disruption also plague American youth. Divorce has become an all too common occurrence in the United States; it is estimated that between 40 and 50 percent of first marriages end in divorce. Second and third marriages fare even worse: second marriages fail at a rate of 60 to 67 percent, and third marriages fail at a rate of 73 to 74 percent. 17  In 2010, 69 percent of children under age 17 lived with two parents (66 percent with two married parents—down from 77 percent in 1980—and 3 percent with two biological/ adoptive cohabiting parents), 23 percent lived with only their mothers, 3 percent with only their fathers, and 4 percent with neither of their parents. 18

 

Kids are often caught in the crossfire of marital strife and all too often become its innocent victims. Family friend Margaret Fischer holds up a picture of Amanda Peake and her two children in front of the family’s home in Red Bank, South Carolina. Peake’s estranged boyfriend, Chancey Smith, shot her, then her 9-year-old son Cameron, then her 6-year-old daughter Sarah inside the family’s home in the community of Red Bank. Smith then turned the gun on himself.

WHAT DOES THIS MEAN TO ME? Older, but Wiser

“When I was a boy of fourteen, my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years” (Mark Twain, “Old Times on the Mississippi,” Atlantic Monthly, 1874).

Do you agree with Mark Twain? When you look back at your adolescence, are you surprised at how much you thought you knew then and how little you know now? Did you do anything that you now consider silly and immature? Of course, as they say, “Hindsight is always 20/20.” Maybe there is a benefit to teenage rebellion. For example, would it make you a better parent knowing firsthand about all the trouble your kids get into and why they do?

As families undergo divorce, separation, and breakup, kids are often placed in foster care. Among the 3 million children (4 percent of all children) not living with either parent, 54 percent (1.7 million) lived with grandparents, 21 percent lived with other relatives only, and 24 percent lived with nonrelatives. Of children in nonrelatives’ homes, 27 percent (200,000) lived with foster parents. 19  About 130,000 kids in foster care are waiting to be adopted, and 44 percent of them entered care before age 6. Each year, on their 18th birthday, more than 25,000 kids leave foster care without family support; these young adults share an elevated risk of becoming homeless, unemployed, and incarcerated. They are also at great risk at developing physical, developmental, and mental health challenges across their lifespan. 20

Focus on Delinquency: TEEN RISK TAKING

Teens are risk takers. The Centers for Disease Control and Prevention (CDC) sponsors an annual Youth Risk Behavior Survey (YRBS) that monitors health-risk behaviors among youth and young adults. Among the risky behaviors measured include dangerous driving habits, tobacco, alcohol and other drug use, and sexual behaviors that contribute to unintended pregnancy. The many findings of the most recent survey include the following:

· • 10 percent of students rarely or never wore a seat belt when riding in a car driven by someone else.

· • Among the 70 percent of students who had ridden a bicycle during the 12 months before the survey, 85 percent had rarely or never worn a bicycle helmet.

· • 28 percent of students rode in a car or other vehicle driven by someone who had been drinking alcohol one or more times during the 30 days before the survey.

· • 10 percent of students had driven a car or other vehicle one or more times when they had been drinking alcohol during the 30 days before the survey.

· • 17 percent of students had carried a weapon (e.g., a gun, knife, or club) on at least one day during the 30 days before the survey.

· • 20 percent of students had been bullied on school property during the 12 months before the survey.

· • Almost 14 percent of students had seriously considered attempting suicide, and 6 percent of students had attempted suicide one or more times during the 12 months before the survey.

· • 19 percent of students smoked cigarettes on at least one day during the 30 days before the survey.

· • 72 percent of students had had at least one drink of alcohol on at least one day during their life, and 42 percent of students had had at least one drink of alcohol on at least one day during the 30 days before the survey.

· • 46 percent of students had had sexual intercourse.

· • 18 percent of students were physically active at least 60 minutes per day on each of the seven days before the survey.

· • 23 percent of students did not participate in at least 60 minutes of physical activity on at least one day during the seven days before the survey.

Why do youths take such chances? Research has shown that kids may be too immature to understand how dangerous risk taking can be and are unable to properly assess the chances they are taking. Criminologist Nanette Davis suggests there is a potential for risky behavior among youth in all facets of American life. Risky describes behavior that is emotionally edgy, dangerous, exciting, hazardous, challenging, volatile, and potentially emotionally, socially, and financially costly—even life threatening. Youths commonly become involved in risky behavior as they negotiate the hurdles of adolescent life, learning to drive, date, drink, work, relate, and live. Davis finds that social developments in the United States have increased the risks of growing up for all children. The social, economic, and political circumstances that increase adolescent risk taking include these:

· • The uncertainty of contemporary social life. Planning a future is problematic in a society where job elimination and corporate downsizing are accepted business practices, and divorce and family restructuring are epidemic.

· • Lack of legitimate opportunity. In some elements of society, kids believe they have no future, leaving them to experiment with risky alternatives, such as drug dealing or theft.

· • Emphasis on consumerism. In high school, peer respect is bought through the accumulation of material goods. For those kids whose families cannot afford to keep up, drug deals and theft may be a shortcut to getting coveted name-brand clothes and athletic shoes.

· • Racial, class, age, and ethnicity inequalities. These discourage kids from believing in a better future. Children are raised to be skeptical that they can receive social benefits from any institution beyond themselves or their immediate family.

· • The “cult of individualism.” This makes people self-centered and hurts collective and group identities. Children are taught to put their own interests above those of others.

As children mature into adults, the uncertainty of modern society may prolong their risk-taking behavior. Jobs have become unpredictable, and many undereducated and undertrained youths find themselves competing for the same low-paying job as hundreds of other applicants; they are a “surplus product.” They may find their only alternative for survival is to return to their childhood bedroom and live off their parents. Under these circumstances, risk taking may be a plausible alternative for fitting in in our consumer-oriented society.

CRITICAL THINKING

· 1. Davis calls for a major national effort to restore these troubled youths using a holistic, nonpunitive approach that recognizes the special needs of children. How would you convince kids to stop taking risks?

· 2. Do you agree that elements of contemporary society cause kids to take risks, or is it possible that teens are natural risk takers and their risky behavior is a biological reaction to “raging hormones”?

Writing Assignment Everyone has taken risks in their life and some of us have paid the consequences. Write an essay detailing one of your riskiest behaviors and what you learned from the experience

Sources: Centers for Disease Control and Prevention (CDC), Youth Risk Behavior Survey (YRBS), 2009 www.cdc.gov/HealthyYouth/yrbs/pdf/us_overview_yrbs.pdf  (accessed June 13, 2012); “Unintentional Strangulation Deaths from the ‘Choking Game’ Among Youths Aged 6–19 Years, United States, 1995–2007,” February 15, 2008,  www.cdc.gov/mmwr/preview/mmwrhtml/mm5706a1.htm  (accessed June 13, 2012); Patrick Nickoletti and Heather Taussig, “Outcome Expectancies and Risk Behaviors in Maltreated Adolescents,” Journal of Research on Adolescence 16:217–228 (2006); Nanette Davis, Youth Crisis: Growing Up in the High-Risk Society (New York: Praeger/Greenwood, 1998).

Substandard Living Conditions.

Many children continue to live in substandard housing—such as high-rise, multiple-family dwellings—which can have a negative influence on their long-term psychological health. 21  Adolescents living in deteriorated urban areas are prevented from having productive and happy lives. Many die from random bullets and drive-by shootings. Some adolescents are homeless and living on the street, where they are at risk of drug addiction and sexually transmitted diseases (STDs), including AIDS.

Looking Back to Aaliyah’s Story

Housing is a major issue for many teens “aging out” of the system. Often, children placed in alternative care settings, such as foster homes or residential treatment centers, are not prepared to live on their own when they turn 18 or are released from juvenile custody.

CRITICAL THINKING

Discuss what can be done to help kids in foster care be better prepared for adult life. Make a list of life skills that must be mastered.

Inadequate Education.

The U.S. educational system seems to be failing many young people. It is now estimated that about 70 percent of fourth graders in our public schools cannot read at grade level. 22  Because reading proficiency is an essential element for educational success, students who are problem readers are at high risk of grade repetition and dropping out of school. Educational problems are likely to hit minority kids the hardest. According to the nonprofit Children’s Defense Fund, African American children are:

· • Half as likely to be placed in a gifted and talented class.

· • More than one and a half times as likely to be placed in a class for students with emotional disturbances.

· • Almost twice as likely to be placed in a class for students with mental retardation.

· • Two and a half times as likely to be held back or retained in school.

· • Almost three times as likely to be suspended from school.

· • More than four times as likely to be expelled. 23

 

Formed in 1985, the Children’s Rights Council (CRC) is a national nonprofit organization based in Washington, D.C., that works to ensure children meaningful and continuing contact with both their parents and extended family, regardless of the parents’ marital status. Find this website by visiting the Criminal Justice CourseMate at  CengageBrain.com , then accessing the Web Links for this chapter.

Why the discrepancy? Poor minority-group children attend the most underfunded schools, receive inadequate educational opportunities, and have the fewest opportunities to achieve conventional success.

The problems faced by kids who do poorly in school do not end in adolescence. 24  Adults 25 years of age and older with less than a high school diploma earn 30 percent less than those who have earned a high school diploma. High school graduation is the single most effective preventive strategy against adult poverty; as  Table 1.1  shows, 13 percent of American adults age 25 to 34 are not high school graduates; only 31 percent have a college degree or more.

TABLE 1.1: Educational Attainment Among 25- to 34-Year-Olds

United States %
Not a high school graduate 13%
High school diploma or GED 48%
Associate’s degree 8%
Bachelor’s degree 22%
Graduate degree 9%
Source: Anna E. Casey Foundation, Kids Count Program, 2010 data,  http://datacenter.kidscount.org/data/acrossstates/Rankings.aspx?ind=6294  (accessed June 12, 2012).

Considering that youth are at risk during the most tumultuous time of their lives, it comes as no surprise that, as the  Focus on Delinquency  box entitled “ Teen Risk Taking ” suggests, they are willing to engage in risky, destructive behavior.

Problems in Cyberspace

Kids today are forced to deal with problems and issues that their parents could not even dream about. While the Internet and other technological advances have opened a new world of information gathering and sharing, they have brought with them a basketful of new problems ranging from sexting to cyberstalking.

Cyberbullying.

Phoebe Prince, a 15-year-old Massachusetts girl, hanged herself in a stairwell at her home after enduring months of torment by her fellow students at South Hadley High School. Prince, who had immigrated from Ireland, was taunted in the school’s hallways and bombarded with vulgar insults by a pack of kids led by the ex-girlfriend of a boy she had briefly dated. As she studied in the library on the last day of her life, she was openly hounded and threatened physically while other students and a teacher looked on and did nothing. In the aftermath of her death, prosecutors accused two boys of statutory rape and four girls of violating Prince’s civil rights and criminal harassment. Ironically, most of these students were still in school, and some continued to post nasty remarks on Prince’s memorial Facebook page after her death. 25

Experts define bullying among children as repeated, negative acts committed by one or more children against another. 26  These negative acts may be physical or verbal in nature—for example, hitting or kicking, teasing or taunting—or they may involve indirect actions such as manipulating friendships or purposely excluding other children from activities. While bullying is a problem that remains to be solved, it has now morphed from the physical to the virtual. Because of the creation of cyberspace, physical distance is no longer a barrier to the frequency and depth of harm doled out by a bully to his or her victim. 27  Cyberbullying is the willful and repeated harm inflicted through the medium of electronic text. Like their real-world counterparts, cyberbullies are malicious aggressors who seek implicit or explicit pleasure or profit through the mistreatment of other individuals. Although power in traditional bullying might be physical (stature) or social (competency or popularity), online power may simply stem from Internet proficiency.

 

Not only are kids at risk of real-time bullying, but they may be bullied in cyberspace by people they hardly know and whose identity is hard to discover. Here, John Halligan shows the web page devoted to his son. Ryan was bullied for months online. Classmates sent the 13-year-old Essex Junction, Vermont, boy instant messages calling him gay. He was threatened, taunted, and insulted incessantly by cyberbullies. Finally, Ryan killed himself. His father says he couldn’t take it anymore.

It is difficult to get an accurate count of the number of teens who have experienced cyberbullying. Published estimates range from 72 percent all the way down to less than 6 percent; the average found in published articles is about one quarter of all students have been cyberbully victims. A recent study by cyberbullying experts Justin Patchin and Sameer Hinduja found that about 21 percent of youth had been the target of cyberbullying; this means that one out of every five kids has been cyberbullied. 28  As  Figure 1.2  shows, adolescent girls are significantly more likely to have experienced cyberbullying in their lifetimes (25.8 percent vs. 16 percent) than boys. Girls are also more likely to report cyberbullying others during their lifetime (21.1 percent vs. 18.3 percent). The type of cyberbullying tends to differ by gender; girls are more likely to spread rumors while boys are more likely to post hurtful pictures. 29

 

FIGURE 1.2: Cyberbullying by Gender

Random sample of 10–18 year olds from large school district in the southern U.S.

Source: Justin Patchin and Sameer Hinduja, Cyberbullying Research Center,  http://cyberbullying.us/research.php  (accessed June 12, 2012). Used by permission.

Cyberbullies who are able to navigate the Net and utilize technology in a way that allows them to harass others are in a position of power relative to a victim. A bully can send harassing e-mails or instant messages; post obscene, insulting, and slanderous messages on social networking sites; develop websites to promote and disseminate defamatory content; or send harassing text messages via cell phone. 30

Cyberstalking.

Cyberstalking refers to the use of the Internet, e-mail, or other electronic communications devices to stalk another person. Some predatory adults pursue minors through online chat rooms, establish a relationship with the child, and later make contact. Today, Internet predators are more likely to develop relationships with at-risk adolescents and beguile underage teenagers, rather than use coercion and violence. 31

Sexting.

Adolescents now have to worry that the compromising photos they send their boyfriends or girlfriends—a practice called sexting—can have terrible repercussions. In 2008, Jesse Logan, an 18-year-old Ohio high school girl, made the mistake of sending nude pictures of herself to her boyfriend. When they broke up, he sent them around to their schoolmates. As soon as the e-photos got into the hands of her classmates, they began harassing her, calling her names, and destroying her reputation. Jesse soon became depressed and reclusive, afraid to go to school, and in July 2008 she hanged herself in her bedroom. 32

 

There are, in fact, a number of organizations dedicated to improving educational standards in the United States. The Eisenhower National Clearinghouse’s mission is to identify effective curriculum resources, create high-quality professional development materials, and disseminate useful information and products to improve K-12 mathematics and science teaching and learning. Find this website by going to the Criminal Justice CourseMate at  CengageBrain.com , then accessing the Web Links for this chapter.

 

The mission of the Children’s Defense Fund is to “leave no child behind” and ensure every child a healthy start, a head start, a fair start, a safe start, and a moral start in life and a successful passage to adulthood with the help of caring families and communities. The CDF tries to provide a strong, effective voice for kids who cannot vote, lobby, or speak for themselves. Find this website by going to the Criminal Justice CourseMate at  CengageBrain.com , then accessing the Web Links for this chapter.

While the sexting phenomenon has garnered national attention, there is some question of how often teens actually engage in the distribution of sexually compromising material. One recent survey of 1,560 Internet users ages 10 through 17 found that about 2.5 percent had appeared in or created nude or nearly nude pictures or videos and that 1 percent of these images contained sexually explicit nudity. 33  Of the youth who participated in the survey, 7 percent said they had received nude or nearly nude images of others; few youth distributed these images. It is possible that sexting is not as common as previously believed or that it was a fad that is quickly fading.

Is There Reason for Hope?

These social conditions have a significant impact on kids. Children are being polarized into two distinct economic groups: those in affluent, two-earner, married-couple households and those in poor, single-parent households. 34  Kids whose parents divorce may increase their involvement in delinquency, especially if they have a close bond with the parent who is forced to leave. 35  They may turn to risky behavior instead of traveling down a conventional life path.

Yet despite the many hazards faced by teens, there are some bright spots on the horizon. Teenage birthrates nationwide have declined substantially during the past decade, with the sharpest declines among African American girls. The teen abortion rate has also dropped significantly. These data indicate that more young girls are using birth control and practicing safe sex. Fewer children with health risks are being born today than in 1990. This probably means that fewer women are drinking or smoking during pregnancy and that fewer are receiving late or no prenatal care. In addition, since 1990 the number of children immunized against disease has increased.

Education is still a problem area, but more parents are reading to their children, and math achievement is rising in grades 4 through 12. And more kids are going to college. College enrollment is now about 18 million and is expected to continue setting new records for the next decade. 36  Almost 30 percent of the adult population in the United States now have college degrees.

There are also indications that youngsters may be rejecting hard drugs. Teen smoking and drinking rates remain high, but fewer kids are using heroin and crack cocaine and the numbers of teens who report cigarette use has been in decline since the mid-1990s. 37  Although these are encouraging signs, many problem areas remain, and the improvement of adolescent life continues to be a national goal. CHECKPOINTS

CHECKPOINTS

· LO1 Be familiar with the risks faced by youth in American culture.

·  The problems of American youth have become a national concern and an important subject of academic study.

·  There are more than 75 million youths in the United States, and the number is expected to rise.

·  American youth are under a great deal of stress. They face poverty, family problems, urban decay, inadequate education, teen pregnancy, and social conflict.

·  Kids take risks that get them in trouble.

JUVENILE DELINQUENCY

The problems of youth in modern society have long been associated with  juvenile delinquency , or criminal behavior engaged in by minors. The study of juvenile delinquency is important both because of the damage suffered by its victims and the problems faced by its perpetrators. About 1.7 million youths under age 18 are arrested each year for crimes ranging from loitering to murder. 38  Though most juvenile law violations are minor, some young offenders are extremely dangerous and violent. More than 800,000 youths belong to street gangs. Youths involved in multiple serious criminal acts, referred to as repeat or  chronic juvenile offenders , are considered a serious social problem. State juvenile authorities must deal with these offenders while responding to a range of other social problems, including child abuse and neglect, school crime and vandalism, family crises, and drug abuse. The cost to society of these high-rate offenders can be immense. In a series of studies, Mark Cohen, Alex Piquero, and Wesley Jennings examined the costs to society of various groups of juvenile offenders, including high-rate chronic offenders who kept on committing serious crimes as adults. 39  They found that the average cost for each of these offenders was over $1.5 million, and their cost to society increased as they grew older. The “worst of the worst” of these offenders, ones who committed more than 50 crimes, cost society about $1.7 million by the time they reached their mid-20s. In all, the high-rate offenders in the study had an annual cost to society of over half a billion dollars.

juvenile delinquency

Participation in illegal behavior by a minor who falls under a statutory age limit.

chronic juvenile offenders (also known as chronic delinquent offenders, chronic delinquents, or chronic recidivists)

Youths who have been arrested four or more times during their minority and perpetuate a striking majority of serious criminal acts. This small group, known as the “chronic 6 percent” is believed to engage in a significant portion of all delinquent behavior; these youths do not age out of crime but continue their criminal behavior into adulthood.

Looking Back to Aaliyah’s Story

Many juvenile delinquents commit crimes while under the influence of alcohol or drugs or because they are addicted and need to support their habit. If this is the case, should these juveniles be court ordered into a treatment program?

CRITICAL THINKING Draw up a statement of activities that can be used to prevent alcohol and drug abuse in the teen population.

Clearly, there is an urgent need for strategies to combat juvenile delinquency. But formulating effective strategies demands a solid understanding of the causes of delinquency. Is it a function of psychological abnormality? A reaction against destructive social conditions? The product of a disturbed home life? Does serious delinquent behavior occur only in urban areas among lower-class youths? Or is it spread throughout the social structure? What are the effects of family life, substance abuse, school experiences, and peer relations?

The study of delinquency also involves the analysis of the  juvenile justice system —the law enforcement, court, and correctional agencies designed to treat youthful offenders. How should police deal with minors who violate the law? What are the legal rights of children? What kinds of correctional programs are most effective with delinquent youths? How useful are educational, community, counseling, and vocational development programs? Is it true, as some critics claim, that most efforts to rehabilitate young offenders are doomed to failure? The reaction to juvenile delinquency frequently divides the public. While people favor policies that provide rehabilitation of violent offenders, other Americans are wary of teenage hoodlums and gangs, and believe that young offenders should be treated no differently than mature felons. 40  Should the juvenile justice system be more concerned about the long-term effects of punishment? Can even the most violent teenager one day be rehabilitated?

juvenile justice system

The segment of the justice system, including law enforcement officers, the courts, and correctional agencies, that is designed to treat youthful offenders.

In summary, the scientific study of delinquency requires understanding the nature, extent, and cause of youthful law violations and the methods devised for their control. We also need to study environmental and social issues, including substance abuse, child abuse and neglect, education, and peer relations. All of these aspects of juvenile delinquency will be discussed in this text. We begin, however, with a look back to the development of the concept of childhood, how children were first identified as a unique group with their own special needs and behaviors, and how a system of justice developed to treat and care for needy, at-risk youth.

THE DEVELOPMENT OF CHILDHOOD

Treating children as a distinct social group with special needs and behavior is a relatively new concept. Only for the past 350 years has any formal mechanism existed to care for even the neediest children. In Europe during the Middle Ages (C.E. 700–1500), the concept of childhood as we know it today did not exist. In the  paternalistic family  of the time, the father exercised complete control over his wife and children. 41  Children who did not obey were subject to severe physical punishment, even death.

paternalistic family

A family style wherein the father is the final authority on all family matters and exercises complete control over his wife and children.

Custom and Practice in the Middle Ages

During the Middle Ages, as soon as they were physically capable, children of all classes were expected to take on adult roles. Boys learned farming or a skilled trade such as masonry or metalworking; girls aided in food preparation or household maintenance. 42  Some peasant youths went into domestic or agricultural service on the estates of powerful landowners or became apprenticed in trades or crafts. 43  Children of the landholding classes also assumed adult roles at an early age. At age 7 or 8, boys born to landholding families were either sent to a monastery or cathedral school or were sent to serve as squires, or assistants, to experienced knights. At age 21, young men of the knightly classes received their own knighthood and returned home to live with their parents. Girls were educated at home and married in their early teens. A few were taught to read, write, and do sufficient mathematics to handle household accounts in addition to typical female duties, such as supervising servants.

 

During the Middle Ages, children like those shown in this sixteenth-century woodcut were expected to be obedient and compliant or face the wrath of their parents, who would not hesitate to use corporal punishment.

Some experts, most notably Philippe Aries, have described the medieval child as a “miniature adult” who began to work and accept adult roles at an early age and was treated with great cruelty. 44  In many families, especially the highborn, newborns were handed over to wet nurses who fed and cared for them during the first two years of life; parents had little contact with their children. Discipline was severe. Young children of all classes were subjected to stringent rules and regulations. Children were beaten for any sign of disobedience or ill temper, and many would be considered abused by today’s standards. Children were expected to undertake responsibilities early in their lives, sharing in the work of siblings and parents. Those thought to be suffering from disease or retardation were often abandoned to churches, orphanages, or foundling homes. 45

The Development of Concern for Children

Throughout the seventeenth and eighteenth centuries, a number of developments in England heralded the march toward the recognition of children’s rights. Among them were changes in family style and childcare, the English Poor Laws, the apprenticeship movement, and the role of the chancery court. 46

Changes in Family Structure.

Family structure began to change after the Middle Ages. Extended families, which were created over centuries, gave way to the nuclear family structure with which we are familiar today. It became more common for marriage to be based on love rather than parental consent and paternal dominance. This changing concept of marriage from an economic arrangement to an emotional commitment also began to influence the way children were treated. Although parents still rigidly disciplined their children, they formed closer ties and had greater concern for the well-being of their offspring.

Toward the close of the eighteenth century, the work of such philosophers as Voltaire, Rousseau, and Locke launched a new age for childhood and the family. 47  Their vision produced a period known as the Enlightenment, which stressed a humanistic view of life, freedom, family, reason, and law. These new beliefs influenced the family. The father’s authority was tempered, discipline became more relaxed, and the expression of affection became more commonplace. Upper- and middle-class families began to devote attention to childrearing, and the status of children was advanced.

As a result of these changes, children began to emerge as a distinct group with independent needs and interests. Serious questions arose over the treatment of children in school. Restrictions were placed on the use of the whip, and in some schools academic assignments or the loss of privileges replaced corporal punishment. Despite such reforms, punishment was still primarily physical, and schools continued to mistreat children.

Poor Laws.

As early as 1535, the English passed statutes known as  Poor Laws . 48  These laws allowed for the appointment of overseers to place destitute or neglected children as servants in the homes of the affluent, where they were trained in agricultural, trade, or domestic services. The Elizabethan Poor Laws of 1601 created a system of church wardens and overseers who, with the consent of justices of the peace, identified vagrant, delinquent, and neglected children and put them to work. Often this meant placing them in poorhouses or workhouses or apprenticing them to masters.

Poor Laws

English statutes that allowed the courts to appoint overseers for destitute and neglected children, allowing placement of these children as servants in the homes of the affluent.

The Apprenticeship Movement.

Apprenticeship existed throughout almost the entire history of Great Britain. 49  Under this practice, children were placed in the care of adults who trained them in specific skills, such as being a blacksmith or a farrier (a shoer of horses). Voluntary apprentices were bound out by parents or guardians in exchange for a fee. Legal authority over the child was then transferred to the apprentice’s master. The system helped parents avoid the costs and responsibilities of childrearing. Involuntary apprentices were compelled by the legal authorities to serve a master until they were 21 or older. The master–apprentice relationship was similar to the parent–child relationship in that the master had complete authority over the apprentice and could have agreements enforced by local magistrates.

Chancery Court.

Throughout Great Britain in the Middle Ages,  chancery courts  were established to protect property rights and seek equitable solutions to disputes and conflicts. Eventually, their authority was extended to the welfare of children in cases involving the guardianship of orphans. This included safeguarding their property and inheritance rights and appointing a guardian to protect them until they reached the age of majority.

chancery courts

Court proceedings created in fifteenth-century England to oversee the lives of highborn minors who were orphaned or otherwise could not care for themselves.

The courts operated on the proposition that children were under the protective control of the king; thus, the Latin phrase  parens patriae  was used, which refers to the role of the king as the father of his country. The concept was first used by English kings to establish their right to intervene in the lives of the children of their vassals. 50  As time passed, the monarchy used parens patriae more and more to justify its intervention in the lives of families and children. 51

parens patriae

The power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent.

Childhood in America

While England was using its chancery courts and Poor Laws to care for children in need, the American colonies were developing similar concepts. The colonies were a haven for people looking for opportunities denied them in England and Europe. Along with the adult early settlers, many children came not as citizens, but as indentured servants, apprentices, or agricultural workers. They were recruited from workhouses, orphanages, prisons, and asylums that housed vagrant and delinquent youths. 52

At the same time, the colonists themselves produced illegitimate, neglected, and delinquent children. The initial response to caring for such children was to adopt court and Poor Law systems similar to those in England. Poor Law legislation requiring poor and dependent children to serve apprenticeships was passed in Virginia in 1646 and in Massachusetts and Connecticut in 1673. 53

 

For more information on the early history of childhood and the development of education, read “Factors Influencing the Development of the Idea of Childhood in Europe and America” by Jim Vandergriff. Find the website by going to the Criminal Justice CourseMate at  CengageBrain.com , then accessing the Web Links for this chapter.

It was also possible, as in England, for parents to voluntarily apprentice their children to a master for care and training. The master in colonial America acted as a surrogate parent, and in certain instances apprentices would actually become part of the family. If they disobeyed their masters, they were punished by local tribunals. If masters abused apprentices, courts would make them pay damages, return the children to the parents, or find new guardians for them. Maryland and Virginia developed an orphans’ court that supervised the treatment of youths placed with guardians. These courts did not supervise children living with their natural parents, leaving intact parents’ rights to care for their children. 54

Controlling Children

In the United States, as in England, moral discipline was rigidly enforced. Stubborn-child laws were passed that required children to obey their parents. 55  It was not uncommon for children to be whipped if they were disobedient or disrespectful to their families. Children were often required to attend public whippings and executions, because these events were thought to be important forms of moral instruction. Parents referred their children to published writings on behavior and expected them to follow their precepts carefully. The early colonists, however, viewed family violence as a sin, and child protection laws were passed as early as 1639 (in New Haven, Connecticut). These laws expressed the community’s commitment to God to oppose sin, but offenders usually received lenient sentences. 56  Although most colonies adopted a protectionist stance, few cases of child abuse were actually brought before the courts. CHECKPOINTS

CHECKPOINTS

· LO2 Develop an understanding of the history of childhood.

·  The concept of a separate status of childhood has developed slowly over the centuries.

·  Early family life was controlled by parents. Punishment was severe and children were expected to take on adult roles early in their lives.

·  With the start of the seventeenth century came greater recognition of the needs of children. In Great Britain, the chancery court movement, the Poor Laws, and apprenticeship programs greatly affected the lives of children.

·  In colonial America, many of the characteristics of English family living were adopted.

·  In the nineteenth century, neglected, delinquent, and dependent or runaway children were treated no differently than criminal defendants. Children were often charged and convicted of crimes.

DEVELOPING JUVENILE JUSTICE

Though the personal rights of children slowly developed, until the twentieth century little distinction was made between adult and juvenile offenders who were brought before the law. Although judges considered the age of an offender when deciding on punishment, both adults and children were eligible for prison, corporal punishment, and even the death penalty. In fact, children were treated with extreme cruelty at home, at school, and by the law. 57

Over the years this treatment changed as society became sensitive to the special needs of children. Beginning in the mid-nineteenth century, there was official recognition that children formed a separate group with their own special needs. In New York, Boston, and Chicago, groups known as child savers were formed to assist children. They created community programs to service needy children and lobbied for a separate legal status for children, which ultimately led to development of a formal juvenile justice system.

Juvenile Justice in the Nineteenth Century

At the beginning of the nineteenth century, delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders. 58  Like children in England, when convicted of crimes they received harsh sentences similar to those imposed on adults. The adult criminal code applied to children, and no juvenile court existed.

During the early nineteenth century, various pieces of legislation were introduced to humanize criminal procedures for children. The concept of probation, introduced in Massachusetts in 1841, was geared toward helping young people avoid imprisonment. Many books and reports written during this time heightened public interest in juvenile care.

Despite this interest, no special facilities existed for the care of youths in trouble with the law, nor were there separate laws or courts to control their behavior. Youths who committed petty crimes, such as stealing or vandalism, were viewed as wayward children or victims of neglect and were placed in community asylums or homes. Youths who were involved in more serious crimes were subject to the same punishments as adults—imprisonment, whipping, or death.

Several events led to reforms and nourished the eventual development of the juvenile justice system: urbanization, the child-saving movement and growing interest in the concept of parens patriae, and development of institutions for the care of delinquent and neglected children.

Urbanization

Especially during the first half of the nineteenth century, the United States experienced rapid population growth, primarily due to an increased birthrate and expanding immigration. The rural poor and immigrant groups were attracted to urban commercial centers that promised jobs in manufacturing.

Urbanization gave rise to increased numbers of young people at risk, who overwhelmed the existing system of work and training. To accommodate destitute youths, local jurisdictions developed poorhouses (almshouses) and workhouses. The poor, the insane, the diseased, and vagrant and destitute children were all housed there in crowded and unhealthy conditions.

 

To learn more about this era, go to the Library of Congress website devoted to American history; visit the Criminal Justice CourseMate at  CengageBrain.com , then access the Web Links for this chapter.

Urbanization and industrialization also generated the belief that certain segments of the population (youths in urban areas, immigrants) were susceptible to the influences of their decaying environment. The children of these classes were considered a group that might be “saved” by a combination of state and community intervention. 59  Intervention in the lives of these so-called dangerous classes became acceptable for wealthy, civic-minded citizens. Such efforts included settlement houses, a term used around the turn of the twentieth century to describe shelters, and nonsecure residential facilities for vagrant children.

The Child-Saving Movement

The problems generated by urban growth sparked interest in the welfare of the “new” Americans, whose arrival fueled this expansion. In 1817, prominent New Yorkers formed the Society for the Prevention of Pauperism. Although they concerned themselves with attacking taverns, brothels, and gambling parlors, they also were concerned that the moral training of children of the dangerous classes was inadequate. Soon other groups concerned with the plight of poor children began to form. Their focus was on extending government control over youthful activities (drinking, vagrancy, and delinquency) that had previously been left to private or family control.

These activists became known as  child savers . Prominent among them were penologist Enoch Wines; Judge Richard Tuthill; Lucy Flowers, of the Chicago Women’s Association; Sara Cooper, of the National Conference of Charities and Corrections; and Sophia Minton, of the New York Committee on Children. 60  Poor children could become a financial burden, and the child savers believed these children presented a threat to the moral fabric of society. Child-saving organizations influenced state legislatures to enact laws giving courts the power to commit children who were runaways or criminal offenders to specialized institutions.

child savers

Nineteenth-century reformers who developed programs for troubled youth and influenced legislation creating the juvenile justice system; today some critics view them as being more concerned with control of the poor than with their welfare.

The most prominent of the care facilities developed by child savers was the  House of Refuge , which opened in New York in 1825. 61  It was founded on the concept of protecting potential criminal youths by taking them off the streets and reforming them in a family-like environment. When the House of Refuge opened, the majority of children admitted were status offenders placed there because of vagrancy or neglect. Children were placed in the institution by court order, sometimes over their parents’ objections. Their length of stay depended on need, age, and skill. Once there, youths were required to do piecework provided by local manufacturers or to work part of the day in the community. The institution was run like a prison, with strict discipline and absolute separation of the sexes. Such a harsh program drove many children to run away, and the House of Refuge was forced to take a more lenient approach.

House of Refuge

A care facility developed by the child savers to protect potential criminal youths by taking them off the street and providing a family-like environment.

Despite criticism, the concept enjoyed expanding popularity. In 1826, the Boston City Council founded the House of Reformation for juvenile offenders. Similar institutions were opened elsewhere in Massachusetts and in New York in 1847. 62  The courts committed children found guilty of criminal violations, or found to be beyond the control of their parents, to these schools. Because the child savers considered parents of delinquent children to be as guilty as convicted offenders, they sought to have the reform schools establish control over the children. Refuge managers believed they were preventing poverty and crime by separating destitute and delinquent children from their parents and placing them in an institution. 63

Were They Really Child Savers?

Debate continues over the true objectives of the early child savers. Some historians conclude that they were what they seemed—concerned citizens motivated by humanitarian ideals. 64  Modern scholars, however, have reappraised the child-saving movement. In The Child Savers, Anthony Platt paints a picture of representatives of the ruling class who were galvanized by immigrants and the urban poor to take action to preserve their own way of life. 65

 

To read more about the  child savers , visit the Criminal Justice CourseMate at  CengageBrain.com , then access the Web Links for this chapter.

Contemporary scholars believe that the reformers applied the concept of parens patriae for their own purposes, including the continuance of middle- and upper-class values and the furtherance of a child labor system consisting of marginal and lower-class skilled workers.

In the course of “saving children” by turning them over to houses of refuge, the basic legal rights of children were violated: children were simply not granted the same constitutional protections as adults.

Development of Juvenile Institutions

State intervention in the lives of children continued well into the twentieth century. The child savers influenced state and local governments to create institutions, called reform schools, devoted to the care of vagrant and delinquent youths. State institutions opened in Westboro, Massachusetts, in 1848, and in Rochester, New York, in 1849. 66  Institutional programs began in Ohio in 1850, and in Maine, Rhode Island, and Michigan in 1906. Children spent their days working in the institution, learning a trade where possible, and receiving some basic education. They were racially and sexually segregated, discipline was harsh, and their physical care was poor. Most of these institutions received state support, unlike the privately funded houses of refuge and settlement houses.

Although some viewed reform schools as humanitarian answers to poorhouses and prisons, many were opposed to such programs. As an alternative, New York philanthropist Charles Loring Brace helped develop the Children’s Aid Society in 1853. 67  Brace’s formula for dealing with delinquent youths was to rescue them from the harsh environment of the city and provide them with temporary shelter.

Children’s Aid Society

Child-saving organization that took children from the streets of large cities and placed them with farm families on the prairie.

Deciding there were simply too many needy children to care for in New York City, and believing the urban environment was injurious to children, Brace devised what he called his placing-out plan to send these children to western farms where they could be cared for and find a home. They were placed on what became known as  orphan trains , which made preannounced stops in western farming communities. Families wishing to take in children would meet the train, be briefly introduced to the passengers, and leave with one of the children. Brace’s plan was activated in 1854 and very soon copied by other child-care organizations. Though the majority of the children benefited from the plan and did find a new life, others were less successful and some were exploited and harmed by the experience. By 1930, political opposition to Brace’s plan, coupled with the negative effects of the Great Depression, spelled the end of the orphan trains, but not before 150,000 children were placed in rural homesteads. CHECKPOINTS

orphan trains

A practice of the Children’s Aid Society in which urban youths were sent west for adoption with local farm couples.

CHECKPOINTS

· LO3 Be able to discuss development of the juvenile justice system

·  The movement to treat children in trouble with the law as a separate category began in the nineteenth century.

·  Urbanization created a growing number of at-risk youth in the nation’s cities.

·  The child savers sought to control children of the lower classes.

·  The House of Refuge was developed to care for unwanted or abandoned youth.

·  Some critics now believe the child savers were motivated by self-interest and not benevolence.

·  Charles Loring Brace created the Children’s Aid Society to place urban kids with farm families.

 

Here, young boys are shown working in the machine shop of the Indiana Youth Reformatory, circa 1910.

 

To read more about Charles Loring Brace, and the Children’s Aid Society, visit the Criminal Justice CourseMate at  CengageBrain.com , then access the Web Links for this chapter.

Society for the Prevention of Cruelty to Children (SPCC)

In 1874, the first Society for the Prevention of Cruelty to Children (SPCC) was established in New York; by 1900, there were 300 such societies in the United States.  68  Leaders of the SPCCs were concerned that abused boys would become lower-class criminals and that mistreated young girls might become sexually promiscuous women. A growing crime rate and concern about a rapidly changing population served to swell SPCC membership. In addition, these organizations protected children who had been subjected to cruelty and neglect at home and at school.

SPCC groups influenced state legislatures to pass statutes protecting children from parents who did not provide them with adequate food and clothing or made them beg or work in places where liquor was sold. 69  Criminal penalties were created for negligent parents, and provisions were established for removing children from the home. In some states, agents of the SPCC could actually arrest abusive parents; in others, they would inform the police about suspected abuse cases and accompany officers when they made an arrest. 70

The Illinois Juvenile Court Act and Its Legacy

Although reform groups continued to lobby for government control over children, the committing of children under the doctrine of parens patriae without due process of law began to be questioned by members of the child-saving movement. This concern and consequent political activity culminated in passage of the Illinois Juvenile Court Act of 1899. The principles motivating the Illinois reformers were these:

· 1. Children should not be held as accountable as adult transgressors.

· 2. The objective of the juvenile justice system is to treat and rehabilitate rather than punish.

· 3. Disposition should be predicated on analysis of the youth’s special circumstances and needs.

· 4. The system should avoid the trappings of the adult criminal process with all its confusing rules and procedures.

The Illinois Juvenile Court Act was a major event in the juvenile justice movement. Just what were the ramifications of passage of this act? The traditional interpretation is that the reformers were genuinely motivated to pass legislation that would serve the best interests of the child.

Interpretations of its intentions differ, but unquestionably the Illinois Juvenile Court Act established juvenile delinquency as a legal concept. For the first time the distinction was made between children who were neglected and those who were delinquent. Most important, the act established a court and a probation program specifically for children. In addition, the legislation allowed children to be committed to institutions and reform programs under the control of the state. The key provisions of the act were these:

· • A separate court was established for delinquent and neglected children.

· • Special procedures were developed to govern the adjudication of juvenile matters.

· • Children were to be separated from adults in courts and in institutional programs.

· • Probation programs were to be developed to assist the court in making decisions in the best interests of the state and the child.

Following passage of the Illinois Juvenile Court Act, similar legislation was enacted throughout the nation; by 1917, juvenile courts had been established in all but three states. Attorneys were not required, and hearsay evidence, inadmissible in criminal trials, was admissible in the adjudication of juvenile offenders. The major functions of the juvenile justice system were to prevent juvenile crime and to rehabilitate juvenile offenders. The roles of the judge and the probation staff were to diagnose the child’s condition and prescribe programs to alleviate it. Until 1967, judgments about children’s actions and consideration for their constitutional rights were secondary.

By the 1920s, noncriminal behavior, in the form of incorrigibility and truancy from school, was added to the jurisdiction of many juvenile court systems. Of particular interest was the sexual behavior of young girls, and the juvenile court enforced a strict moral code on working-class girls, not hesitating to incarcerate those who were sexually active. 71  Programs of all kinds, including individualized counseling and institutional care, were used to cure juvenile criminality.

Great diversity also marked juvenile institutions. Some maintained a lenient orientation, but others relied on harsh punishments, including beatings, straitjacket restraints, immersion in cold water, and solitary confinement with a diet of bread and water.

Reforming the System

Reform of this system was slow in coming. In 1912, the U.S. Children’s Bureau was formed as the first federal child welfare agency. By the 1930s, the bureau began to investigate the state of juvenile institutions and tried to expose some of their more repressive aspects. 72

From its origin, the juvenile court system denied children procedural rights normally available to adult offenders. Due process rights, such as representation by counsel, a jury trial, freedom from self-incrimination, and freedom from unreasonable search and seizure, were not considered essential for the juvenile court system, because its primary purpose was not punishment but rehabilitation. However, the dream of trying to rehabilitate children was not achieved. Individual treatment approaches failed, and delinquency rates soared.

Reform efforts, begun in earnest in the 1960s, changed the face of the juvenile justice system. In 1962, New York passed legislation creating a family court system. 73  The new court assumed responsibility for all matters involving family life, with emphasis on delinquent and neglected children. In addition, the legislation established the PINS classification (person in need of supervision). This category included individuals involved in such actions as truancy and incorrigibility. By using labels like PINS and CHINS (children in need of supervision) to establish jurisdiction over children, juvenile courts expanded their role as social agencies. Because noncriminal children were now involved in the juvenile court system to a greater degree, many juvenile courts had to improve their social services. Efforts were made to personalize the system of justice for children. These reforms were soon followed by a due process revolution, which ushered in an era of procedural rights for court-adjudicated youth.

In the 1960s and 1970s, the U.S. Supreme Court radically altered the juvenile justice system when it issued a series of decisions that established the right of juveniles to receive due process of law. 74  The Court established that juveniles had the same rights as adults in important areas of trial process, including the right to confront witnesses, notice of charges, and the right to counsel.

Federal Commissions.

In addition to the legal revolution brought about by the Supreme Court, a series of national commissions sponsored by the federal government helped change the shape of juvenile justice. In 1967, the President’s Commission on Law Enforcement and the Administration of Justice, organized by President Lyndon Johnson, suggested that the juvenile justice system must provide underprivileged youths with opportunities for success, including jobs and education. The commission also recognized the need to develop effective law enforcement procedures to control hard-core offenders while also granting them due process. The commission’s report acted as a catalyst for passage of the federal Juvenile Delinquency Prevention and Control (JDP) Act of 1968. This law created a Youth Development and Delinquency Prevention Administration, which concentrated on helping states develop new juvenile justice programs, particularly programs involving diversion of youth, decriminalization, and decarceration. In 1968, Congress also passed the Omnibus Safe Streets and Crime Control Act. 75  Title I of this law established the Law Enforcement Assistance Administration (LEAA) to provide federal funds for improving the adult and juvenile justice systems. In 1972, Congress amended the JDP to allow the LEAA to focus its funding on juvenile justice and delinquency-prevention programs. State and local governments were required to develop and adopt comprehensive plans to obtain federal assistance.

Law Enforcement Assistance Administration (LEAA)

Unit in the U.S. Department of Justice established by the Omnibus Crime Control and Safe Streets Act of 1968 to administer grants and provide guidance for crime prevention policy and programs.

Because crime continued to receive much publicity, a second effort called the National Advisory Commission on Criminal Justice Standards and Goals was established in 1973 by the Nixon administration. 76  Its report identified such strategies as preventing delinquent behavior, developing diversion activities, establishing dispositional alternatives, providing due process for all juveniles, and controlling violent and chronic delinquents. This commission’s recommendations formed the basis for the Juvenile Justice and Delinquency Prevention Act of 1974. 77  This act eliminated the Youth Development and Delinquency Prevention Administration and replaced it with the  Office of Juvenile Justice and Delinquency Prevention (OJJDP)  within the LEAA. In 1980, the LEAA was phased out, and the OJJDP became an independent agency in the Department of Justice. Throughout the 1970s, its two most important goals were removing juveniles from detention in adult jails, and eliminating the incarceration together of delinquents and status offenders. During this period, the OJJDP stressed the creation of formal diversion and restitution programs. CHECKPOINTS

Office of Juvenile Justice and Delinquency Prevention (OJJDP)

Branch of the U.S. Justice Department charged with shaping national juvenile justice policy through disbursement of federal aid and research funds.

CHECKPOINTS

· LO4 Trace the history and purpose of the juvenile court

·  The juvenile court movement spread rapidly around the nation.

·  Separate courts and correctional systems were created for youths. However, children were not given the same legal rights as adults.

·  Reformers helped bring due process rights to minors and create specialized family courts.

·  Federal commissions focused attention on juvenile justice and helped revise the system.

 

To read about the Juvenile Justice and Delinquency Prevention Act of 1974, visit the Criminal Justice CourseMate at  CengageBrain.com , then access the Web Links for this chapter.

Delinquency and Parens Patriae

The current treatment of juvenile delinquents is a by-product of this developing national consciousness of children’s needs. The designation  delinquent  became popular at the onset of the twentieth century when the first separate juvenile courts were instituted. The child savers believed that treating minors and adults equally violated the humanitarian ideals of American society. Consequently, the emerging juvenile justice system operated under the parens patriae philosophy. Minors who engaged in illegal behavior were viewed as victims of improper care at home. Illegal behavior was a sign that the state should step in and take control of the youths before they committed more serious crimes. The state should act in the  best interests of the child . Children should not be punished for their misdeeds, but instead should be given the care necessary to control wayward behavior. It makes no sense to find children guilty of specific crimes, such as burglary or petty larceny, because that stigmatizes them as thieves or burglars. Instead, the catchall term juvenile delinquency should be used, because it indicates that the child needs the care and custody of the state.

delinquent

Juvenile who has been adjudicated by a judicial officer of a juvenile court as having committed a delinquent act.

best interests of the child

A philosophical viewpoint that encourages the state to take control of wayward children and provide care, custody, and treatment to remedy delinquent behavior.

The Current Legal Status of Delinquency

The child savers fought hard for a legal status of juvenile delinquent, but the concept that children could be treated differently before the law can actually be traced to the British legal tradition. Early British jurisprudence held that children under the age of 7 were legally incapable of committing crimes. Children between the ages of 7 and 14 were responsible for their actions, but their age might be used to excuse or lighten their punishment. Our legal system still recognizes that many young people are incapable of making mature judgments and that responsibility for their acts should be limited. Children can intentionally steal cars and know that the act is illegal, but they may be incapable of fully understanding the consequences of their behavior. Therefore, the law does not punish a youth as it would an adult, and it sees youthful misconduct as evidence of impaired judgment.

Today, the legal status of juvenile delinquent refers to a minor child who has been found to have violated the penal code. Most states define minor child as an individual who falls under a statutory age limit, most commonly 17 years of age.

Juveniles are usually kept separate from adults and receive different treatment under the law. Most large police departments employ officers whose sole responsibility is delinquency. Every state has some form of juvenile court with its own judges, probation department, and other facilities. Terminology is also different. Adults are tried in court; children are adjudicated. Adults can be punished; children are treated. If treatment is mandated, children can be sent to secure detention facilities, but they cannot normally be committed to adult prisons.

Children also have a unique legal status. A minor apprehended for a criminal act is usually charged with being a juvenile delinquent, regardless of the offense. These charges are confidential, and trial records are kept secret. The purpose of these safeguards is to shield children from the stigma of a criminal conviction and to prevent youthful misdeeds from becoming a lifelong burden.

Looking Back to Aaliyah’s Story

Teens close to the age of 18 like Aaliyah may be too old for the juvenile justice system, but too young for the adult system.

CRITICAL THINKING What should be done with juveniles who are close to 18 years when they receive a delinquency charge? Come up with a proposal to help them bridge the gap between the juvenile justice system and the adult criminal justice system.

Each state defines juvenile delinquency differently, setting its own age limits and boundaries. The federal government also has a delinquency category for youngsters who violate federal laws, but typically allows the states to handle delinquency matters.

Legal Responsibility of Youths

In our society the actions of adults are controlled by two types of law: criminal law and civil law. Criminal laws prohibit activities that are injurious to the well-being of society, such as drug use, theft, and rape; criminal legal actions are brought by state authorities against private citizens. In contrast, civil laws control interpersonal or private activities, and legal actions are usually initiated by individual citizens. Contractual relationships and personal conflicts (torts) are subjects of civil law. Also covered under civil law are provisions for the care of people who cannot care for themselves—for example, the mentally ill, the incompetent, and the infirm.

Today juvenile delinquency falls somewhere between criminal and civil law. Under parens patriae, delinquent acts are not considered criminal violations. The legal action against them is similar (though not identical) to a civil action that, in an ideal situation, is based on their  need for treatment . This legal theory recognizes that children who violate the law are in need of the same treatment as are law-abiding citizens who cannot care for themselves.

need for treatment

The criteria on which juvenile sentencing is based. Ideally, juveniles are treated according to their need for treatment and not for the seriousness of the delinquent act they committed.

Delinquent behavior is treated more leniently than adult misbehavior, because the law considers juveniles to be less responsible for their behavior than adults. Compared with adults, adolescents are believed to:

· • Have a stronger preference for risk and novelty

· • Be less accurate in assessing the potential consequences of risky conduct

· • Be more impulsive and more concerned with short-term consequences

· • Have a different appreciation of time and self-control

· • Be more susceptible to peer pressure 78

Even though youths have a lesser degree of legal responsibility, like adults they are subject to arrest, trial, and incarceration. Their legal predicament has prompted the courts to grant children many of the same legal protections conferred on adults accused of criminal offenses. These include the right to consult an attorney, to be free from self-incrimination, and to be protected from illegal searches and seizures.

Although most children who break the law are considered salvageable and worthy of community treatment efforts, there are also violent juvenile offenders whose behavior requires a firmer response. Some state authorities have declared that these hard-core offenders cannot be treated as children and must be given more secure treatment that is beyond the resources of the juvenile justice system. This recognition has prompted the policy of  waiver —also known as bindover or removal— that is, transferring legal jurisdiction over the most serious juvenile offenders to the adult court for criminal prosecution. And while punishment is no more certain or swift once they are tried as adults, kids transferred to adult courts are often punished more severely than they would have been if treated as the minors they really are. 79  To the chagrin of reformers, waived youth may find themselves serving time in adult prisons. 80  So although the parens patriae concept is still applied to children whose law violations are considered not to be serious, the more serious juvenile offenders can be treated in a manner similar to adults.

waiver (also known as bindover or removal)

Transferring legal jurisdiction over the most serious and experienced juvenile offenders to the adult court for criminal prosecution.

STATUS OFFENDERS

The Juvenile Court Act recognized a second classification of youthful offender, the wayward minor or  status offender , a child who is subject to state authority by reason of having committed an act forbidden to youth and illegal solely because the child is underage (e.g., underage drinking, underage smoking, etc.).  Exhibit 1.1 , showing the status offense law of Maryland, describes typical status offenses. Eleven states classify these youths using the term child in need of supervision, whereas the remainder use terms such as unruly child, incorrigible child, or minor in need of supervision. The court can also exercise control over dependent children who are not being properly cared for by their parents or guardians.

EXHIBIT 1.1: Status Offense Law: Maryland

(d) Child. “Child” means an individual under the age of 18 years.

(e) Child in need of supervision. “Child in need of supervision” is a child who requires guidance, treatment, or rehabilitation and: (1) Is required by law to attend school and is habitually truant; (2) Is habitually disobedient, ungovernable, and beyond the control of the person having custody of him; (3) Deports himself so as to injure or endanger himself or others; or (4) Has committed an offense applicable only to children.

Source: Maryland Courts and Judicial Proceedings Code Ann. § 3–8A-01 (2002).

status offender

A child who is subject to state authority by reason of having committed an act forbidden to youth and illegal solely because the child is underage.

State control over a child’s noncriminal behavior supports the parens patriae philosophy, because it is assumed to be in the best interests of the child. Usually, a status offender is directed to the juvenile court when it is determined that his parents are unable or unwilling to care for or control him and that the adolescent’s behavior is self-destructive or harmful to society. More than 250,000 juveniles are arrested each year for such status-type offenses as running away from home, breaking curfew, and violating liquor laws. 81  About 160,000 of these status offenders are petitioned to juvenile court. 82  Girls are more likely than boys to be petitioned for running away, while a majority of curfew violators are males.

Origins of the Status Offense Concept

A historical basis exists for status offense statutes. It was common practice early in the nation’s history to place disobedient or runaway youths in orphan asylums, residential homes, or houses of refuge. 83  When the first juvenile courts were established in Illinois, the Chicago Bar Association described part of their purpose as follows:

· The whole trend and spirit of the [1889 Juvenile Court Actis that the State, acting through the Juvenile Court, exercises that tender solicitude and care over its neglected, dependent wards that a wise and loving parent would exercise with reference to his own children under similar circumstances. 84

When the juvenile court was first created, status offenders and juvenile delinquents were treated in a similar fashion. Both could be arrested, taken into custody, tried in the same courts and placed in the same institutions. A trend begun about 50 years ago has resulted in the creation of separate status offense categories that vary from state to state: children, minors, persons, youths, or juveniles in need of supervision (CHINS, MINS, PINS, YINS, or JINS). The purpose is to shield noncriminal youths from the stigma attached to the juvenile delinquent label and to signify that they have special needs and problems (see  Concept Summary 1.1 ). But even where there are separate legal categories for delinquents and status offenders, the distinction between them can sometimes become blurred. Some noncriminal conduct may be included in the definition of delinquency, and some less serious criminal offenses occasionally may be labeled as status offenses. 85  In some states the juvenile court judge may substitute a status offense for a delinquency charge. 86  This possibility can be used to encourage youths to admit to the charges against them in return for less punitive treatment.

CONCEPT SUMMARY 1.1: Treatment of Juveniles

  Juvenile Delinquents Status Offenders
Act Burglary, shoplifting, robbery Truancy, running away, disobedient
Injured party Crime victim Themselves, their family
Philosophy Parens patriae Best interests of the child
Legal status Can be detained in secure confinement Must be kept in nonsecure shelter
Is there resulting stigma? Yes Yes

The Status Offender in the Juvenile Justice System

Separate status offense categories may avoid some of the stigma associated with the delinquency label, but they have little effect on treatment. Youths in either category can be picked up by the police and brought to a police station. They can be petitioned to the same juvenile court, where they have a hearing before the same judge and come under the supervision of the probation department, the court clinic, and the treatment staff. At a hearing, status offenders may see little difference between the treatment they receive and the treatment of the delinquent offenders sitting across the room. Although status offenders are usually not detained or incarcerated with delinquents, they can be transferred to secure facilities if they are considered uncontrollable. The toll this treatment takes on status offenders can be significant. A recent study by Wesley Jennings found that the effect of formal processing on status offenders’ can increase the likelihood that they will get involved in subsequent delinquency. Half of the status offenders he studied in Florida, both males and females, accumulated delinquent arrests in adolescence following their initial referral for a status offense.  87

Reforming the Treatment of Status Offenders

For more than 30 years, national crime commissions have called for limiting control over status offenders. 88  In 1974, the U.S. Congress passed the Juvenile Justice and Delinquency Prevention Act (JJDPA), which provides the major source of federal funding to improve states’ juvenile justice systems. Under the JJDPA and its subsequent reauthorizations, in order to receive federal funds, states were and are required to remove status offenders from secure detention and lockups in order to insulate them from more serious delinquent offenders. The act created the Office of Juvenile Justice and Delinquency Prevention (OJJDP),which was authorized to distribute grants and provide support to those states that developed alternate procedural methods. 89  Title III of the JJDPA, referred to as the Runaway and Homeless Youth Act (RHYA) of 1974, provides funds for nonsecure facilities where status offenders who need protection can receive safe shelter, counseling, and education until an effective family reunion can be realized. 90

Looking Back to Aaliyah’s Story

What should happen with teens who run away from home? This is considered a status offense, but many communities do not charge runaways or require them to be involved in the juvenile justice system.

CRITICAL THINKING Can you propose a program that would effectively help runaways adjust to society?

This has been a highly successful policy, and the number of status offenders kept in secure pretrial detention has dropped significantly during the past three decades. The act that created the OJJDP was amended in 1987 to allow status offenders to be detained for violations of valid court orders. 91

 

School programs have been designed to keep kids away from the lure of the streets and status offending. Here, medals are presented to successful students at the Oakland Military Institute, a public school funded by the Pentagon and the National Guard and administered by the California State Board of Education. Its mission is to tame unruly youngsters through discipline and military-style conformity. Parents see the school as a way out of a crumbling public education system that, in Oakland and other urban centers, is woefully underfunded and understaffed.

 

To learn more about the efforts to remove status offenders from secure lockups, read Gwen A. Holden and Robert A. Kapler, “Deinstitutionalizing Status Offenders: A Record of Progress” by visiting the Criminal Justice CourseMate at  CengageBrain.com , then accessing the Web Links for this chapter.

The Effects of Reform.

What has been the effect of this reform effort? It has become routine for treatment dispensing agencies other than juvenile courts to be given responsibility for processing status offense cases. In some communities, for example, family crisis units and social service agencies have assumed this responsibility. When a juvenile charged with a status offense is referred to juvenile court, the court may divert the juvenile away from the formal justice system to other agencies for service rather than include them in the formal juvenile justice process.

A number of states have changed the way they handle status offense cases. Kentucky, for example, has amended its status offense law in order to eliminate vague terms and language. Instead of labeling a child who is “beyond control of school” as a status offender, the state is now required to show that the student has repeatedly violated “lawful regulations for the government of the school,” with the petition describing the behaviors “and all intervention strategies attempted by the school.” 92  A few states, including Maine, Delaware, and Idaho, have attempted to eliminate status offense laws and treat these youths as neglected or dependent children, giving child protective services the primary responsibility for their care. Addressing the special needs of status offenders, several states now require that they and their families receive precourt diversion services in an effort to prevent them from being placed out-of-home by strengthening family relations and reducing parent–teen conflicts. They also identify which agency must respond to status offenses, how they are to respond, who will pay, and/or who will evaluate the process to assure positive and cost-effective outcomes. In Florida, all status offense cases are handled by a special agency that refers them to precourt prevention services; only if these services fail will court intervention be contemplated. New York’s status offense statute prohibits family courts from considering a status offense petition unless the adolescent has already participated in diversion services. New York requires that an agency filing a status offense petition to convene a conference with the individuals involved discuss providing diversion services and attempt to engage the family in targeted community-based services before the juvenile court can become involved. A status offense petition can only be filed if the lead agency states it terminated diversion services because there was “no substantial likelihood that youth and his or her family will benefit from further attempts” at getting help. 93  The Juvenile Delinquency Prevention/Intervention/Treatment feature describes one program designed to maintain control over at risk status offenders.

JUVENILE DELINQUENCY: Family Keys Program

In 2003, officials in Orange County, New York, became concerned about the projected impact of the state’s increasing number of at-risk kids, and therefore wanted to increase its jurisdiction over status offenders to age 18. After much study, and with the legislature’s backing, the community-based Family Keys program was officially launched. Under the program, the county probation department receives inquiries from parents about PINS (persons in need of supervision). If, after a brief screening, the intake officer finds sufficient allegations to support a PINS complaint, the officer refers the case to Family Keys rather than to probation intake. Depending on the severity of the case, Family Keys dispatches counselors to assess the family’s situation 2 to 48 hours after receiving a referral. Based on the assessment, the agency develops an appropriate short-term intervention plan for the youth and family and provides links to community-based programs. Family Keys works with the family for up to three weeks to ensure that the family is engaged in the service plan.

The Family Keys intervention takes place in lieu of filing a PINS complaint, provides intensive, short-term crisis intervention to families, and diverts PINS cases from the court system. When these short-term interventions do not suffice, cases are referred to an interagency team operated through the mental health department’s Network program. Following a family conferencing model, the Network team performs an in-depth assessment and serves as the gateway to the county’s most high-end services, such as multisystemic therapy or family functional therapy. Under Orange County’s system, a PINS case is referred to court only as a last resort.

Evaluation of the Family Keys program has been very promising. The time between a parent’s first contact with probation and subsequent follow-up has decreased dramatically, from as long as six weeks under the previous system to as low as two hours through the Family Keys process. The number of PINS cases referred to court and the number of PINS placements have also been sharply reduced. The evaluation showed that between April and September 2009, 184 young people and their families were offered services. The program served both males and females ages 10 to 17; the majority of youths were 15 or 16 years old:

· • 93 percent of youths were living at home in the community with their parents/guardians. None had been placed in out-of-home care. This is a 7 percent increase from intake to exit of youths living at home and a 3 percent decrease in the number of youths whose living arrangement was categorized as “‘runaway.”

· • There was a 25 percent increase in the number of youths who improved “connectedness” with parents/ guardians and a 24 percent increase in the number of youths who improved “connectedness” with a sibling or other family members.

· • School attendance remained the same, with 100 percent of the program youths regularly attending school.

· • There was an 18 percent increase in the number of youths who improved their health-protecting skills, which includes reducing use of alcohol and drugs.

Since its inception, almost 99 percent of the 2,500 children enrolled in the program have avoided residential, out-of-home placement.

Critical Thinking

How would you answer a critic who argues that all social programs should be cut and that social programs are a waste of time? Does the Orange County success story influence your thinking about intervening with troubled youth?

Sources: Tina Chiu and Sara Mogulescu, Changing the Status Quo for Status Offenders: New York State’s Efforts to SupportTroubled Teens (Vera Foundation, New York, 2004),  www.vera.org/content/changing-status-quo-status-offenders-new-york-states-efforts-support-troubled-teens  (accessed June 14, 2012); Office of Juvenile Justice and Delinquency Prevention, “Family Keys PINS Diversion Program, 2010”  www2.dsgonline.com/dso2/dso_program_detail.aspx?ID=757&title=Family+Keys+PINS+Diversion+Program  (accessed June 14, 2012).

The Future of the Status Offense Concept

Changes in the treatment of status offenders reflect the current attitude toward children who violate the law. On the one hand, there appears to be a movement to severely sanction youths who commit serious offenses and transfer them to the adult court. On the other hand, a great effort has been made to remove nonserious cases from the official agencies of justice and place these youths in community-based treatment programs.

 

Do curfew laws work in reducing the rate of youth crime? To find out, visit the website of the Justice Policy Institute by going to the Criminal Justice Course-Mate at  CengageBrain.com , then accessing the Web Links for this chapter.

This movement is not without its critics. Some juvenile court judges believe that reducing judicial authority over children will limit juvenile court jurisdiction to hard-core offenders and constrain its ability to help youths before they commit serious antisocial acts. 94  Their concerns are fueled by research that shows that many status offenders, especially those who are runaways living on the streets, often have serious emotional problems and engage in self-destructive behaviors ranging from substance abuse to self-mutilation; they have high rates of suicide. 95  There is evidence that kids who engage in status offending are significantly more likely than nonstatus offenders to later engage in delinquent behaviors such as drug abuse. 96  Consequently, some jurisdictions have resisted weakening status offense laws and gone in the opposite direction by mandating that habitual truants and runaways be placed in secure detention facilities, and if found to be in need of supervision, placed in secure treatment facilities. CHECKPOINTS

CHECKPOINTS

· LO5 Be able to describe the differences between delinquency and status offending.

·  The separate status of juvenile delinquency is based on the parens patriae philosophy, which holds that children have the right to care and custody and that if parents are not capable of providing that care, the state must step in to take control.

·  Delinquents are given greater legal protection than adult criminals and are shielded from stigma and labels.

·  More serious juvenile cases may be waived to the adult court.

·  Juvenile courts also have jurisdiction over noncriminal status offenders.

·  Status offenses are illegal only because of the minority status of the offender.

Curfews

One way jurisdictions have attempted to maintain greater control over wayward youth has been the implementation of curfew laws. The thought is that the opportunity to commit crimes will be reduced if troubled kids are given a curfew.

The first curfew law was created in Omaha, Nebraska, in 1880, and today about 500 U.S. cities have curfews for teenage youth. Curfews typically prohibit children under 18 from being on the streets after 11:00 P.M. during the week and after midnight on weekends. About 100 cities also have daytime curfews designed to keep children off the streets and in school. 97

Each year about 60,000 youths are arrested for curfew violations, and their number is considered responsible for the decade-long increase in the status offender population in juvenile court. As yet there is little conclusive evidence that curfews have a significant impact on youth crime rates. While surveys find that police favor curfews as an effective tool to control vandalism, graffiti, nighttime burglary, and auto theft, empirical studies found that both juvenile arrests and juvenile crime do not seem to decrease significantly during curfew hours. 98  Some research efforts have even found that after curfews were implemented victimizations increased significantly during no curfew hours. This indicates that, rather than suppressing delinquency, curfews merely shift the time of occurrence of the offenses. Some studies have found that strict enforcement of curfew laws actually increases juvenile crime rates. 99  The failure of curfews to control crime coupled with their infringement on civil rights prompted the American Civil Liberties Union to condemn the practice. 100  Other civil libertarians maintain that curfews are an overreaction to juvenile crime, are ineffective, and give the police too much power to control citizens who being punished merely because of their age. 101

There are a number of ongoing legal challenges to curfew laws, arguing that they are violations of the constitutional right to assembly, and some have been successful. A challenge to the Rochester, New York, law (Anonymous v. City of Rochester) found that the ordinance enabled police to arrest and interrogate a disproportionate percentage of minority youth; 94 percent of youths picked up on curfew violations were black or Hispanic. On June 9, 2009, New York’s State Court of Appeals invalidated Rochester’s curfew, finding that the ordinance gives parents too little flexibility and autonomy in supervising their children, while violating children’s rights to freedom of movement, freedom of expression and association, and equal protection under the law. Influencing the court was data showing that young people in Rochester were more likely to be involved in a crime—either as a victim or offender—when the curfew was not in effect. 102  Similarly, the Massachusetts Supreme Judicial Court struck down provisions of a local curfew law that made it a crime for youth under 17 to be on the streets after 11 P.M. unless accompanied by a parent or a guardian. While they left in place civil penalties that allowed individuals convicted of violating the curfew to be fined up to $300, it is no longer permissible to charge curfew violators with a crime. 103

 

Philadelphia Mayor Michael Nutter walks with community leaders and several teens in the Center City neighborhood in an effort to combat marauding groups of teenagers and preteens known as “flash mobs.” The mayor ordered a curfew requiring anyone under 18 to be off the streets by 9 P.M. on Friday and Saturday nights in problem-plagued areas of the city.

Disciplining Parents

So what happens if kids repeatedly break curfew and get into trouble and their parents refuse or are incapable of doing anything about it? Since the early twentieth century, there have been laws aimed at disciplining parents for contributing to the delinquency of a minor. The first of these was enacted in Colorado in 1903, and today all states have some form of statute requiring parents to take some responsibility for their children’s misbehavior. 104  All states make it either mandatory or discretionary for the juvenile court to require a parent or guardian to pay at least part of the support costs for a child who is adjudicated delinquent and placed out of the home. Even when the payment is required, however, payment is based on the parent’s financial ability to make such payments. During the past decade, approximately one-half of the states enacted or strengthened existing parental liability statutes that make parents criminally liable for the actions of their delinquent children. These laws can generally fall into one of three categories:

· • Civil liability. An injured party may bring a case against the parents for property damage or personal injury caused by one of their children.

· • Criminal liability. The guardian or other adult may be held criminally responsible for contributing to the delinquency of a minor. These laws apply when an adult does some action that encourages delinquent behavior by a child.

· • General involvement. These statutes are based upon legislative efforts to make parents more involved in the juvenile court process and include such things as requiring the parents to pay for court costs, restitution, and treatment, and to participate in the juvenile’s case. Failure to comply with the parental involvement requirements can lead to more punitive sanctions. 105

Within this general framework there is a great deal of variation in responsibility laws. Some states (Florida, Idaho, Virginia) require parents to reimburse the government for the costs of detention or care of their children. Others (Maryland, Missouri, Oklahoma) demand that parents make restitution payments—for example, paying for damage caused by their children who vandalized a school. All states have incorporated parental liability laws in their statutes, although most recent legislation places limits on recovery; in some states, such as Texas, the upward boundary can be as much as $25,000.

Parents may also be held civilly liable, under the concept of vicarious liability, for the damages caused by their child. In some states, parents are responsible for up to $300,000 in damages; in others the liability cap is $3,500 (sometimes homeowner’s insurance covers at least some of liability). Parents can also be charged with civil negligence if they should have known of the damage a child was about to inflict but did nothing to stop them—for example, when they give a weapon to an emotionally unstable youth. Juries have levied awards of up to $500,000 in such cases. During the past two decades, parents have been ordered to serve time in jail because their children have been truant from school.

Some critics charge that these laws contravene the right to due process, because they are unfairly used only against lower-class and minority parents. As legal scholar Elena Laskin points out, imposing penalties on these parents may actually be detrimental. 106  Forcing a delinquent’s mother to pay a fine removes money from someone who is already among society’s poorest people. If a single mother is sent to jail, it leaves her children, including those who are not delinquent, with no parent to raise them; the kids may become depressed, and lose concentration and sleep. Even if punishment encourages the parent to take action, it may be too late, because by the time a parent is charged with violating the statute, the child has already committed a crime, indicating that any damaging socialization by the parent has already occurred. Finally, responsibility laws may not take the age of the child into account,  107  leaving an important question unanswered: are parents of older offenders equally responsible as those whose much younger children violate the law? Does an adolescent’s personal share of responsibility increase with age? Despite these problems, surveys indicate that the public favors parental responsibility laws. 108

SUMMARY

The study of delinquency is concerned with the nature and extent of the criminal behavior of youths, the causes of youthful law violations, the legal rights of juveniles, and prevention and treatment.

The problems of American youths have become an important subject of academic study. Many children live in poverty, have inadequate health care, and suffer family problems. Kids today are also at risk from threats that are on the Internet, ranging from cyberbullying to sexting. Consequently, adolescence is a time of taking risks, which can get kids into trouble with the law.

Our modern concept of a separate status for children is quite different than in the past. In earlier times, relationships between children and parents were remote. Punishment was severe, and children were expected to take on adult roles early in their lives. With the start of the seventeenth century came greater recognition of the needs of children. In Great Britain, the chancery court movement, Poor Laws, and apprenticeship programs helped reinforce the idea of children as a distinct social group. In colonial America, many of the characteristics of English family living were adopted. In the nineteenth century, delinquent and runaway children were treated no differently than criminal defendants. During this time, however, increased support for the parens patriae concept resulted in steps to reduce the responsibility of children under the criminal law.

The concept of delinquency was developed in the early twentieth century. Before that time, criminal youths and adults were treated in almost the same fashion. A group of reformers, referred to as child savers, helped create a separate delinquency category to insulate juvenile offenders from the influence of adult criminals. The status of juvenile delinquency is still based on the parens patriae philosophy, which holds that children have the right to care and custody and that if parents are not capable of providing that care, the state must step in to take control. Juvenile courts also have jurisdiction over noncriminal status offenders, whose offenses (truancy, running away, sexual misconduct) are illegal only because of their minority status.

Some experts have called for an end to juvenile court control over status offenders, charging that it further stigmatizes already troubled youths. Some research indicates that status offenders are harmed by juvenile court processing. Other research indicates that status offenders and delinquents are quite similar. There has been a successful effort to separate status offenders from delinquents and to maintain separate facilities for those who need to be placed in a shelter care program. Some jurisdictions have implemented curfew and parental laws, but so far there is little evidence that they work as intended. Research indicates that neither attempt at controlling youthful misbehavior works as planned. Consequently, the treatment of juveniles is an ongoing dilemma. Still uncertain is whether young law violators respond better to harsh punishments or to benevolent treatment.

KEY TERMS

ego identity,  p. 3

role diffusion,  p. 3

at-risk youths,  p. 3

juvenile delinquency,  p. 10

chronic juvenile offenders,  p. 11

juvenile justice system,  p. 11

paternalistic family,  p. 11

Poor Laws,  p. 13

chancery courts,  p. 13

parens patriae p. 13

child savers,  p. 15

House of Refuge,  p. 15

Children’s Aid Society,  p. 16

orphan trains,  p. 16

Law Enforcement Assistance Administration (LEAA),  p. 19

Office of Juvenile Justice and Delinquency Prevention (OJJDP),  p. 19

delinquent,  p. 20

best interests of the child,  p. 20

need for treatment,  p. 21

waiver (bindover, removal),  p. 21

status offender,  p. 21

REVIEW QUESTIONS

· 1. What are the effects of poverty, family problems, urban decay, inadequate education, teen pregnancy, and social conflict on American youth?

· 2. Compare early and contemporary family life. What are the differences in such issues as parental controls, punishment, and role taking?

· 3. What is meant by the term “parens patriae philosophy”? How is this manifested in modern society?

· 4. In what ways are delinquents given greater legal protection than adult criminals, and how they are shielded from stigma and labels?

· 5. What is meant by the concept of waiver and how is it being used today?

· 6. What are examples of status offenses?

· 7. What are the pros and cons of parental responsibility laws?

· 8. Discuss the trends in juvenile curfews.

QUESTIONS FOR DISCUSSION

· 1. Is it fair to have a separate legal category for youths? Considering how dangerous young people can be, does it make more sense to group offenders on the basis of what they have done rather than on their age?

· 2. At what age are juveniles truly capable of understanding the seriousness of their actions? Should juvenile court jurisdiction be raised or lowered?

· 3. Is it fair to institutionalize a minor simply for being truant or running away from home? Should the jurisdiction of status offenders be removed from juvenile court and placed with the state’s department of social services or some other welfare organization?

· 4. Should delinquency proceedings be secret? Does the public have a right to know who juvenile criminals are?

· 5. Can a “get tough” policy help control juvenile misbehavior, or should parens patriae remain the standard?

· 6. Should juveniles who commit felonies such as rape or robbery be treated as adults?

APPLYING WHAT YOU HAVE LEARNED

You have just been appointed by the governor as chairperson of a newly formed group charged with overhauling the state’s juvenile justice system. One primary concern is the treatment of status offenders—kids who have been picked up and charged with being runaways, sexually active, truant from school, or unmanageable at home. Under existing status offense statutes, these youth can be sent to juvenile court and stand trial for their misbehaviors. If the allegations against them are proven valid, they may be removed from the home and placed in foster care or even in a state or private custodial institution.

Recently, a great deal of media attention has been given to the plight of runaway children who live on the streets, take drugs, and engage in prostitution. At an open hearing, advocates of the current system argue that many families cannot provide the care and control needed to keep kids out of trouble and that the state must maintain control of at-risk youth. They contend that many status offenders have histories of drug and delinquency problems and are little different from kids arrested on criminal charges; control by the juvenile court is necessary if the youths are ever to get needed treatment.

Another vocal group argues that it is a mistake for a system that deals with criminal youth to also handle troubled adolescents, whose problems usually are the result of child abuse and neglect. They believe that the current statute should be amended to give the state’s department of social welfare (DSW) jurisdiction over all noncriminal youths who are in need of assistance. These opponents of the current law point out that, even though status offenders and delinquents are held in separate facilities, those who run away or are unmanageable can be transferred to more secure correctional facilities that house criminal youths. Furthermore, the current court-based process, where troubled youths are involved with lawyers, trials, and court proceedings, helps convince them that they are “bad kids” and social outcasts.

Writing Assignment: Write a policy statement setting out the recommendations you would make to the governor. In your statement, address the issues raised by those who believe that status offenders and delinquents have similar issues, and those who maintain they are two separate categories of youth and should be dealt with by different state agencies. Finally, give your assessment of the issue and what course of treatment you would choose.

GROUPWORK

Divide the class into equal number groups and have each group identify an aspect of childhood that is still controlled by the court system and governed by the parens patriae philosophy.

Each group should choose a single behavior pattern such as sex, substance use, running away, truancy, and so on. Have them gather laws that govern these activities in the “best interests of the child.”

CHAPTER ELEVEN: Delinquency Prevention and Juvenile Justice Today

 

CHAPTER OUTLINE

DELINQUENCY PREVENTION

· Classifying Delinquency Prevention

EARLY PREVENTION OF DELINQUENCY

· FOCUS ON DELINQUENCY: Public Support for Delinquency Prevention

Home-Based Programs

Improving Parenting Skills

Preschool

PREVENTION OF DELINQUENCY IN THE TEENAGE YEARS

· Mentoring

School Programs

Job Training

JUVENILE JUSTICE TODAY

· The Juvenile Justice Process

PROFESSIONAL SPOTLIGHT: Carla Stalnaker

Criminal Justice versus Juvenile Justice

A COMPREHENSIVE JUVENILE JUSTICE STRATEGY

· Prevention

Intervention

Graduated Sanctions

Institutional Programs

Alternative Courts

JUVENILE DELINQUENCY: Intervention: Teen Courts

THE FUTURE OF DELINQUENCY PREVENTION AND JUVENILE JUSTICE

LEARNING OBJECTIVES

After reading this chapter you should:

· 1. Understand key features of delinquency prevention.

· 2. Be familiar with effective delinquency prevention programs for children.

· 3. Be familiar with effective delinquency prevention programs for teens.

· 4. Know how children are processed by the juvenile justice system.

· 5. Understand the key elements of a comprehensive juvenile justice strategy.

REAL CASES/REAL PEOPLE: Martin’s Story

Martin was a 13-year-old male who was in eighth grade. He was the youngest of four boys and lived with his mother and father. Martin’s mother worked very long hours and his father had been laid off and was not able to find work for some time. His father was depressed and irritable most of the time. Finances were a huge struggle for the family and a source of constant stress and verbal fighting between the parents. Martin was described as a smart young man in terms of academics, but a follower in terms of friends and social life. He tried many sports and activities, but showed little interest. During the second semester of school Martin’s grades significantly declined. Martin also started sleeping more than usual and had a difficult time getting up for school on most days. His parents tried to talk with Martin and the school, but nothing proved helpful. His mother felt her time at home was very limited when she began working to support the family.

During this time, Martin was arrested for possession of marijuana with the intent to distribute. He explained to his parents that he was only “helping out his friends” by carrying the duffel bag full of drugs to another location. He also received a drug screen and tested positive for marijuana use, but he denied he ever used. Martin seemed concerned about the arrest and exhibited signs of depression.

At Martin’s dispositional hearing at the juvenile court, he was ordered to complete a drug and alcohol assessment as well as participate in individual and family therapy. Additionally, he was required to complete 50 hours of community service and participate in a local community supervision program for teens involved in criminal activity. Martin struggled with many of the court-ordered requirements, as did the family. Martin’s drug use and poor school achievement continued and he was not cooperative with the assigned social workers and juvenile justice authorities. As a result, Martin received a series of weekend incarcerations in the juvenile correctional facility as well as stricter curfews and more intensive supervision. While Martin’s struggles continued, his parents were encouraged to seek support from involved systems and utilize counseling.

During the summer, Martin’s parents separated for a short period of time. This prompted the father to get help for his depression, and he also received additional support in finding a job, which he successfully did. Eventually, the parents got back together with a renewed vision for their family and were better able to focus on the needs of Martin and their other children. During the second semester of Martin’s freshman year, things began to turn around. Martin has begun a new program where he receives tutoring, attends a weekly support meeting, and is linked with a mentor. He is also beginning to more actively engage in his drug treatment program and improve his grades; he has hopes of attending a local technical school upon graduation.

Public officials faced with the problem of juvenile delinquency in their cities have many options. For some, it will be a clear choice of getting tough on juvenile delinquency and implementing punitive or justice-oriented measures. For others, it will be a matter of getting tough on the causes of juvenile delinquency and implementing prevention programs to ward off delinquency before it takes place. Still others will combine justice and nonjustice measures to combat the problem. Ideally, decisions about which approach or which combination of measures to use will be based on the needs of the community and the highest quality available evidence on what works best in preventing juvenile delinquency.

This chapter looks at the role of prevention programs and juvenile justice in contemporary American society. It begins with an overview of key features of delinquency prevention and reviews the effectiveness of delinquency prevention programs for children and adolescents. This is followed with a description of the juvenile justice process, beginning with arrest and concluding with reentry into society. A comprehensive juvenile justice strategy, which combines elements of delinquency prevention and intervention and justice approaches, is discussed in the next section. The chapter concludes with a look at key issues facing the future of delinquency prevention and juvenile justice.

DELINQUENCY PREVENTION

Preventing juvenile delinquency means many different things to many different people. Programs or policies designed to prevent juvenile delinquency can include the police making an arrest as part of an operation to address gang problems, a juvenile court sanction to a secure correctional facility, or, in the extreme case, a death penalty sentence. These measures are often referred to as  delinquency control  or  delinquency repression . More often, though,  delinquency prevention  refers to intervening in young people’s lives before they engage in delinquency in the first place—that is, preventing the first delinquent act. Both forms of delinquency prevention have a common goal of trying to prevent the occurrence of a future delinquent act, but what distinguishes delinquency prevention from delinquency control is that prevention typically does not involve the juvenile justice system. Instead, programs or policies designed to prevent delinquency involve day care providers, nurses, teachers, social workers, recreation staff at the YMCA, counselors at Boys and Girls Clubs of America, other young people in school, and parents. This form of delinquency prevention is sometimes referred to as nonjustice delinquency prevention or alternative delinquency prevention.  Exhibit 11.1  lists examples of programs to prevent and control delinquency.

delinquency control or delinquency repression

Involves any justice program or policy designed to prevent the occurrence of a future delinquent act.

delinquency prevention

Involves any nonjustice program or policy designed to prevent the occurrence of a future delinquent act.

EXHIBIT 11.1: Delinquency Prevention vs. Control

Prevention Control
Home visitation Antigang police task force
Preschool Boot camps
Child skills training Wilderness programs
Mentoring Probation
After-school recreation Electronic monitoring
Job training Secure confinement
 
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E-Commerce Project

Requirement:

Create your own e-commerce business in Saudi Arabia (website or mobile application), you need to explain the process that you will follow in building your e-commerce presence.

Before you begin to build a website or app of your own, there are some important questions you will need to think about and answer. The answers to these questions will drive the development and implementation of your e-commerce presence.

Set up Your E-Commerce Presence

Ø What is the idea? (the visioning process)

· Introduce your e-commerce business.

o Provide an overview of your business idea

· Product and type of services.

o What are the different types of products? Explain

o What kinds of services are provided by your online store? [ customer service, exchange and return, delivery and payment options] Explain

· Business statement.

· Business vision.

· Business objective.

Ø Where’s the money:

o What is the company’s business model?

o  Give a general idea of how your business will generate revenues

Ø Who and where is the target audience? Explain demographics, lifestyle, consumption patterns, etc.

Ø What is the ballpark? Characterize the marketplace. – Size, growth, demographics, structure.

Ø Where’s the content coming from?

Ø Know yourself— conduct a SWOT analysis for your business.

Ø Develop an e-commerce presence map.

Ø Develop a timeline: Milestones. – 6 phases.

Ø How much will this cost?

Building an E-Commerce Site: A Systematic Approach

Ø Planning: The Systems Development Life Cycle

· Systems analysis/planning

§ Business objectives. What are the capabilities you want your site to have?

§ System functionalities (Shopping cart, payment system …. etc.)

§ Information requirements (Dynamic text and graphics catalog … etc.)

· Systems design

§ (Logical and Physical)

§ How it will look likes in terms of design and format

· Building the system (a simple website layout)

§ Create  your own website using wix.com www.wix.com

§ Or you can design the layout using any free e-commerce website template.

§ Include 2-4 screenshots of your site

· Testing (What type of testing will be applied?)

· Implementation

Choosing Software 

The development of e-commerce required a great deal more interactive functionality, such as the ability to respond to user input (name and address forms), take customer orders for goods and services, clear credit card transactions on the fly, consult price and product databases, and even adjust advertising on the screen based on user characteristics.

o Functionality for web server

o Provides basic functionality for sales

· Online catalogue

· Shopping cart

· Credit card processing

Explain the different software you need for your site functionality.

Choosing Hardware

Ø Underlying computing equipment needed for e-commerce functionality

Ø Right-Sizing Your Hardware Platform: The Demand Side and the Supply Side

Ø Explain the different hardware needed for your site or app.

Payment and Security 

Ø What are the methods of payment you are going to use in your online store and why?

Ø What are the commonly used technologies to secure your online transactions?

Ø Develop a privacy policy. The policy should outline how information will be collected and used?

Categorize marketing and advertising strategy and method.

Ø Explain the online, offline and social media marketing strategies you will use to bring people to your website? And why?

Explain your business e-commerce process 

Ø Explain in detail all the steps from the time a visit is recorded until the final user buys a product.

Conclude your report.

Guidelines for the assignment:

ü Make sure to include the cover page with all information required.

ü This is group project, which is part from your course score. It requires effort, search and critical thinking.

ü Use font Times New Roman, Calibri or Arial.

ü Use 1.5 or double line spacing with left Justify all paragraphs.

ü Use the footer function to insert page number.

ü Ensure that you follow the APA style in your project and references.

ü Your project report length should be between 2200 to 2500 words.

 
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Citation

CHAPTER ONE THE COURSE OF THE WAR

On the very day that President Barack Obama fielded a student’s question in Moscow about whether a new Korean War was in the offing (July 7, 2009), the papers were filled with commentary on the death of Robert Strange McNamara. The editors of The New York Times and one of its best columnists, Bob Herbert, condemned McNamara for knowing the Vietnam War was un-winnable yet sending tens of thousands of young Americans to their deaths

 

 

anyway: “How in God’s name did he ever look at himself in the mirror?” Herbert wrote. They all assumed that the war itself was a colossal error. But if McNamara had been able to stabilize South Vietnam and divide the country permanently (say with his “electronic fence”), thousands of our troops would still be there along a DMZ and evil would still reside in Hanoi. McNamara also had a minor planning role in the firebombing of Japanese cities in World War II: “What makes it immoral if you lose and not immoral if you win?” he asked; people like himself and Curtis LeMay, the commander of the air attacks, “were behaving as war criminals.” McNamara derived these lessons from losing the Vietnam War: we did not know the enemy, we lacked “empathy” (we should have “put ourselves inside their skin and look[ed] at us through their eyes,” but we did not); we were blind prisoners of our own assumptions. 1 In Korea we still are. Korea is an ancient nation, and one of the very few places in the world where territorial boundaries, ethnicity, and language have been consistent for well over a millennium. It sits next to China and was deeply influenced by the Middle Kingdom, but it has always had an independent civilization. Few understand this, but the most observant journalist in the war, Reginald Thompson, put the point exactly: “the thought and law of China is woven into the very texture of Korea … as the law of Rome is woven into Britain.” The distinction is between the stereotypical judgment that Korea is just “Little China,” or nothing more than a transmission belt for Buddhist and Confucian culture flowing into Japan, and a nation and culture as different from Japan or China as Italy or France is from Germany. Korea also had a social structure that persisted for centuries: during the five hundred years of the last dynasty the vast majority of Koreans were peasants, most of them tenants working land held by one of the world’s most tenacious aristocracies. Many were also slaves, a hereditary status from generation to generation. The state squelched merchant activity, so that commerce, and anything resembling the green shoots of a middle class, barely developed. This fundamental condition—a privileged landed class, a mass of peasants, and little leavening in between—lasted through twentieth-century colonialism, too, because after their rule began in 1910 the Japanese found it useful to operate through local landed power. So, amid the crisis of national division, upheaval,

 

 

and war, Koreans also sought to rectify these ancient inequities. But this aristocracy, known as yangban, did not last so long and survive one crisis after another by being purely exploitative; it fostered a scholar-official elite, a civil service, venerable statecraft, splendid works of art, and a national pastime of educating the young. In the relative openness of the 1920s, young scions proliferated in one profession after another—commerce, industry, publishing, academia, films, literary pursuits, urban consumption—a budding elite that could readily have led an independent Korea. 2 But global depression, war, and ever-increasing Japanese repression in the 1930s destroyed much of this progress, turned many elite Koreans into collaborators, and left few options for patriots besides armed resistance. Korea was at its modern nadir during the war, yet this is where most of the millions of Americans who served in Korea got their impressions—ones that often depended on where the eye chose to fall. Foreigners and GIs saw dirt and mud and squalor, but Thompson saw villages “of pure enchantment, the tiles of the roofs up-curled at eaves and corners … the women [in] bright colours, crimson and the pale pink of watermelon flesh, and vivid emerald green, their bodies wrapped tightly to give them a tubular appearance.” Reginald Thompson had been all over the world; most GIs had never been out of their country, or perhaps their hometowns. What his vantage point in 1950 told him, in effect, was this: here was the Vietnam War we came to know before Vietnam—gooks, napalm, rapes, whores, an unreliable ally, a cunning enemy, fundamentally untrained GIs fighting a war their top generals barely understood, fragging of officers, 3 contempt for the know-nothing civilians back home, devilish battles indescribable even to loved ones, press handouts from Gen. Douglas MacArthur’s headquarters apparently scripted by comedians or lunatics, an ostensible vision of bringing freedom and liberty to a sordid dictatorship run by servants of Japanese imperialism. “What a Quixotic business,” Thompson wrote, trying to impose democracy—to try to achieve “an evolutionary result without evolution.” The only outcome of fending off the North, he thought, would be a long occupation if not “conquest and colonization.”

 

 

THE CONVENTIONAL WAR BEGINS The war Americans know began on the remote, inaccessible Ongjin Peninsula, northwest of Seoul, on the night of June 24–25, 1950, Korean time; this was also the point at which border fighting began in May 1949, and the absence of independent observers has meant that both Korean sides have claimed ever since that they were attacked first. During the long, hot summer of 1949, one pregnant with impending conflict, the ROK had expanded its army to about 100,000 troops, a strength the North did not match until early 1950. American order-of-battle data showed the two armies at about equal strength by June 1950. Early that month, MacArthur’s intelligence apparatus identified a total of 74,370 Korean People’s Army (KPA) soldiers, with another 20,000 or so in the Border Constabulary. The Republic of Korea Army (ROKA) order of battle showed a total of 87,500 soldiers, with 32,500 soldiers at the border, 35,000 within thirty-five miles, or a day’s march, of the 38th parallel. This data did not account for the superior battle experience of the northern army, however, especially among the large contingents that had returned from the Chinese civil war. The North also had about 150 Soviet T-34 tanks and a small but useful air force of 70 fighters and 62 light bombers—either left behind when Soviet troops evacuated in December 1948, or purchased from Moscow and Beijing in 1949–50 (when war bond drives ensued for months in the North). Only about 20,000 South Korean troops remained in the more distant interior. This was the result of a significant redeployment northward toward the parallel in the early months of 1950, after the southern guerrillas appeared to have been crushed. The northern army had also redeployed southward in May and June 1950, but many KPA units—at least one third—were not aware of the impending invasion and thus were not mobilized to fight on June 25. Furthermore, thousands of Korean troops were still fighting in China at this time. Just one week before the invasion John Foster Dulles visited Seoul and the 38th parallel. By then he was a roving ambassador and, as the odds-on Republican choice for secretary of state, a symbol of Harry Truman’s attempt at bipartisanship after Republicans opened up on him with the “who lost China?”

 

 

campaign. In meetings with Syngman Rhee the latter not only pushed for a direct American defense of the ROK, but advocated an attack on the North. One of Dulles’s favorite reporters, William Mathews, was there and wrote just after Dulles’s meeting that Rhee was “militantly for the unification of Korea. Openly says it must be brought about soon … Rhee pleads justice of going into North country. Thinks it could succeed in a few days … if he can do it with our help, he will do it.” Mathews noted that Rhee said he would attack even if “it brought on a general war.” All this is yet more proof of Rhee’s provocative behavior, but it is no different from his threats to march north made many times before. The Dulles visit was merely vintage Rhee: there is no evidence that Dulles was in collusion with him.4 But what might the North Koreans have thought?

John Foster Dulles peering across the 38th parallel, June 19, 1950. To his left, in the pith helmet, is Defense Minister Shin Sung-mo; behind him, in the porkpie hat, is Foreign Minister Ben Limb. U.S. National Archives

 

 

That is the question a historian put to Dean Acheson, Truman’s secretary of state, in a seminar after the Korean War: “Are you sure his presence didn’t provoke the attack, Dean? There has been comment about that—I don’t think it did. You have no views on the subject?” Acheson’s deadpan response: “No, I have no views on the subject.” George Kennan then interjected, “There is a comical aspect to this, because the visits of these people over there, and their peering over outposts with binoculars at the Soviet people, I think must have led the Soviets to think that we were on to their plan and caused them considerable perturbation.” “Yes,” Acheson said. “Foster up in a bunker with a homburg on—it was a very amusing picture.”5 Pyongyang has never tired of waving that photo around. At the same time, the veteran industrialist Pak Hung-sik showed up in Tokyo and gave an interview to The Oriental Economist, published on June 24, 1950—the day before the war started. Described as an adviser to the Korean Economic Mission (that is, the Marshall Plan), he was also said to have “a circle of friends and acquaintances among the Japanese” (a bit of an understatement; Pak was widely thought in South and North to have been the most notorious collaborator with Japanese imperialism). In the years after liberation in 1945 a lot of anti-Japanese feeling had welled up in Korea, Pak said, owing to the return of “numerous revolutionists and nationalists.” By 1950, however, there was “hardly any trace of it.” Instead, the ROK was “acting as a bulwark of peace” at the 38th parallel, and “the central figures in charge of national defense are mostly graduates of the former Military College of Japan.” Korea and Japan were “destined to go hand in hand, to live and let live,” and thus bad feelings should be “cast overboard.” The current problem, Pak said, was the unfortunate one that “an economic unity is lacking whereas in prewar days Japan, Manchuria, Korea, and Formosa economically combined to make an organic whole.” Pak Hung-sik was the embodiment of the Japanese colonial idea—having been born a Korean his only unfortunate, but not insurmountable, fate. For Pak and Kim Il Sung, the 1930s were the beginning: hugely expanded business opportunities for Pak (the founder of Seoul’s Hwashin department store, its first on the American model), a decade

 

 

of unimaginably harsh struggle for Kim. After this beginning, a civil war between the young leaders of Korea who chose to collaborate with or to resist Japan in the 1930s was entirely conceivable, and probably inevitable. War came on the last weekend in June 1950, a weekend about which much still remains to be learned. It is now clear from Soviet documents that Pyongyang had made a decision to escalate the civil conflict to the level of conventional warfare many months before June 1950, having tired of the inconclusive guerrilla struggle in the south, and perhaps hoping to seize on a southern provocation like many that occurred in 1949, thus to settle the hash of the Rhee regime. Maturing clandestine American plans to launch a coup d’état against Chiang Kai-shek on Taiwan complicated this same weekend; Dean Rusk met with several Chinese at the Plaza hotel in New York on the evening of June 23, 1950, hoping that they would form a government to replace Chiang’s regime, which was threatened by an impending invasion from the Chinese Communists. He and Acheson wanted a reliable leader in Taipei, so that their secret desire to keep the island separate from mainland control would field a government that Truman could justify supporting. 6 The fighting on Ongjin began around 3 or 4 A.M. on June 25; initial intelligence reports were inconclusive as to who started it. Later on, attacking elements were said to be from the 3rd Brigade of the Democratic People’s Republic of Korea (DPRK) Border Constabulary, joined at 5:30 A.M. by the formidable 6th Division. At about the same time, according to the American official history, KPA forces at the parallel south of Chorwon assaulted the 1st Regiment of the ROKA 7th Division, dealing it heavy casualties; it gave way and the 3rd and 4th KPA divisions, with an armored brigade, crashed through and began a daunting march toward Seoul. South Korean sources asserted, however, that elements of the 17th Regiment had counterattacked on the Ongjin Peninsula and were in possession of Haeju city, the only important point north of the 38th parallel claimed to have been taken by ROK forces. Roy Appleman, America’s official historian of the war, relied on James Hausman’s heavily sanitized account of the war’s start on the Ongjin Peninsula. Hausman later told a Thames Television documentary crew that his good friend Paek In-yop (brother to Paek Son-yop) was the commander on Ongjin, “and

 

 

when the war broke out as you know he was there not only defending his line but counterattacking” (that is, across the parallel). As for “those who think that the South may have started this war,” Hausman went on, “I think … I think they’re wrong.” Another Thames interviewee, Col. James Peach, an Australian who was with the UN observer group, reported that the Ongjin commander, Paek, was “a get-going sort of chap” who led the “twin-tiger” 17th Regimental Combat Team: “I, I never quite knew what went on. There’s a bit of a mystery still about Haeju, I think it might have been Paek and his merry men, the 17th Regiment, attacking it … We didn’t hear anything about it until the war had been going for a while, and I never quite knew what went on. It’s been said that they attacked there and that the North Koreans responded.” Peach went on to say that he didn’t think this version held much water. (Note also that if the South Koreans attack, it is “Paek and his merry men”; when the North Koreans do the same, it is heinous aggression.) 7 Whether 17th Regiment soldiers may have occupied Haeju on June 25, or even initiated the fighting on Ongjin, is still inconclusive, with the existing evidence pointing both ways. There is no evidence, however, to back up the North’s claim that the South launched a general invasion; at worst there may have been a small assault across the parallel, as happened many times in 1949. Whatever transpired, the North met it with a full invasion. South of the attacking KPA units was the ROK 7th Division, headquartered at the critical invasion-route town of Uijongbu; it had not committed its forces to battle even by the morning of June 26, probably because it was waiting to be reinforced by the 2nd Division, which had entrained northward from Taejon. When the 2nd Division arrived later that day, it collapsed and the troops panicked. It was through this gaping hole in the Uijongbu corridor that North Korean troops poured on the afternoon and evening of June 26, thus jeopardizing the capital. An American official on the scene later wrote that “the failure of the 2nd Division to fight” was the main reason for the quick loss of Seoul. South Korean units mutinied or fled before the oncoming Northern troops for many reasons, including their relative lack of firepower, their poor training, their officers who had served Japan, and ultimately the unpopularity of the Rhee government—which had nearly been voted out by a moderate coalition in

 

 

reasonably free elections held on May 30, 1950. President Rhee tried to leave the city with his top officials as early as Sunday evening, and on June 27 the entire ROK Army headquarters relocated south of Seoul, without telling their American allies. That left troops engaging the enemy north of Seoul without communications, and panicked both the troops and the civilian population. The next day most ROK divisions followed suit, withdrawing to the south of the capital, and Gen. “Fatty” Chae famously and egregiously blew the major Han River bridge without warning, killing hundreds who were crossing it. Later that day President Rhee took off southward in his special train. During the battle for Taejon he vowed to stay there and fight to the death, but soon he was back on his train, headed for the southwestern port of Mokpo, thence by naval launch to Pusan, where he would remain inside the defensive perimeter.8 Military morale evaporated and civilians panicked. Seoul fell to a Northern invasion force of about 37,000 troops. By month’s end fully half of the ROKA soldiers were dead, captured, or missing. Only two divisions had their equipment and weapons, all the rest (about 70 percent of the total) having been left in place or lost on the battlefield. The quick and virtually complete collapse of resistance in the South energized the United States to enter the war in force. Secretary of State Dean Acheson dominated the decision making, which soon committed American air and ground forces to the fight. On the night of June 24 (Washington time), Acheson decided to take the Korean question to the UN, before he had notified President Truman of the fighting; he then told Truman there was no need to have him back in Washington until the next day. At emergency White House meetings on the evening of June 25, Acheson argued for increased military aid to the ROK, U.S. Air Force cover for the evacuation of Americans, and the interposition of the Seventh Fleet between Taiwan and the China mainland—thus obviating a Communist invasion of the island, dividing China and leaving Taiwan governed by the Republic of China even today. On the afternoon of June 26 Acheson labored alone on the fundamental decisions committing American air and naval power to the Korean War, which were approved by the White House that evening. Thus the decision to intervene in force was Acheson’s decision, supported

 

 

by the president but taken before United Nations, Pentagon, or congressional approval. His reasoning had little to do with Korea’s strategic value, and everything to do with American prestige and political economy: “prestige is the shadow cast by power,” he once said, and the North Koreans had challenged it; American credibility was therefore at stake. South Korea was also essential to Japan’s industrial revival, Acheson thought, as part of his “great crescent” strategy linking northeast Asia with the Middle East (and which we discuss later on). George Kennan, who supported the June decisions, recalled from notes taken at the time that Acheson broke off collegial discussions on the afternoon of June 26: He wanted time to be alone and to dictate. We were called in [three hours later] and he read to us a paper he had produced, which was the first draft of the statement finally issued by the President, and which was not significantly changed by the time it finally appeared, the following day … the course actually taken by this Government was not something pressed upon [Acheson] by the military leaders, but rather something arrived at by himself, in solitary deliberation. Acheson later concurred with Kennan, saying, “that’s as I recall it.” Kennan noted that the decisions of June 26 were the key ones; Acheson agreed that they were taken before congressional or UN consultations (“it wasn’t until 3:00 in the afternoon [on June 27] that the U.N. asked us to do what we said we were going to … in the morning”). 9 On this same summer Saturday evening the Soviet ambassador to the UN, Adam Malik, was taking his ease on Long Island rather than wielding his much used and abused veto on the Security Council, a boycott conducted ostensibly because the UN had refused to admit China. He was planning to return to Moscow for consultations on July 6.10 The longtime Soviet foreign minister, Andrei Gromyko, later told Dean Rusk that on Saturday night Malik instantly wired Moscow for instructions, and for the first time ever in its experience got

 

 

back a message direct from Generalissimo Stalin: nyet, do not attend. 11 Stalin’s reasons are not known, but he may have hoped to facilitate the entry of U.S. forces into a peripheral area, thus to waste blood and treasure, or perhaps he hoped that American dominance of the UN would destroy the perceived universality of the international body. Acheson’s June 25–26 decisions prefigured the commitment of American ground forces, which came in the early hours of June 30. The Joint Chiefs of Staff remained “extremely reluctant” to commit infantry troops to the fighting right up to June 30, and were not consulted when Truman made his decision. They were reticent both because Korea was a strategic cul-de-sac and perhaps a trap in the global struggle with Moscow, and because the total armed strength of the U.S. Army was 593,167, with an additional 75,370 in the Marines. North Korea alone was capable of mobilizing upward of 200,000 combat soldiers in the summer of 1950, quite apart from the immense manpower reserve of China’s People’s Liberation Army (PLA). The immediate precipitating factor for the decision to dispatch U.S. ground forces was MacArthur’s conclusion, after visiting the front lines, that the ROK Army had mostly ceased to fight. From the start of the war and throughout the summer and fall of 1950, Korean units ceased to exist, lacked equipment to fight the North Koreans, or proved unable to hold the lines in their sectors. Most veterans of the first two years of the war thought South Koreans “did no fighting worthy of the name,” they just broke and ran. (By the summer of 1951 the ROKA had lost enough matériel to outfit ten divisions, according to Gen. Matthew B. Ridgway, and still needed “thorough training and equipment and instruction on all levels.”) An American colonel told the British journalist Philip Knightly, “South Koreans and North Koreans are identical. Why then do North Koreans fight like tigers and South Koreans run like sheep?” The Morse code “HA” was used all over the front to signal that South Korean forces were “hauling ass.” ROKA officers exploited their own men, and beat them mercilessly for infractions. One GI observed an officer execute a man for going AWOL, shooting him in the back of the head and kicking him into a grave. The man had a wife and three children. But racism also infected GI views of their Korean enemy and ally. Most Americans, a veteran remembered, “had an

 

 

ingrained prejudice against Koreans” that made any kind of empathy or understanding difficult. “They hated Koreans by reflex action.” It was only after truce talks began in 1951 that the ROKA had the time to develop, however slowly, its fighting temper. 12 But the Americans also had no idea that they would be fighting against truly effective troops, a disastrous misjudgment of the Korean enemy that began right at the top, on the day the war began. “I can handle it with one arm tied behind my back,” MacArthur said; the next day he remarked to John Foster Dulles that if he could only put the 1st Cavalry Division into Korea, “why, heavens, you’d see these fellows scuttle up to the Manchurian border so quick, you would see no more of them.” At first MacArthur wanted an American regimental combat team, then two divisions. Within a week, however, he cabled Washington that only a quarter of the ROKA troops could even be located, and that the KPA was “operating under excellent top level guidance and had demonstrated superior command of strategic and tactical principles.” By the beginning of July he wanted a minimum of 30,000 American combat soldiers, meaning more than four infantry divisions, three tank battalions, and assorted artillery; a week later he asked for eight divisions. 13 Misjudgments also grew out of the ubiquitous racism of whites coming from a segregated American society, where Koreans were “people of color” subjected to apartheid-like restrictions (they drank from “colored” fountains in Virginia, could not marry Caucasians in other southern states, and could not own property in many western states). Consider the judgment of the respected military editor of The New York Times, Hanson Baldwin, three weeks after the war began: We are facing an army of barbarians in Korea, but they are barbarians as trained, as relentless, as reckless of life, and as skilled in the tactics of the kind of war they fight as the hordes of Genghis Khan.… They have taken a leaf from the Nazi book of blitzkrieg and are employing all the weapons of fear and terror. Chinese Communists were reported to have joined the fighting, he erred in saying, and not far behind might be “Mongolians, Soviet Asiatics and a variety of

 

 

races”—some of “the most primitive of peoples.” Elsewhere Baldwin likened the Koreans to invading locusts; he ended by recommending that Americans be given “more realistic training to meet the barbarian discipline of the armored horde.”14 A few days later Baldwin remarked that to the Korean, life is cheap: “behind him stand the hordes of Asia. Ahead of him lies the hope of loot.” What else “brings him shrieking on,” what else explains his “fanatical determination”?15 Mongolians, Asiatics, Nazis, locusts, primitives, hordes, thieves—one would think Baldwin had exhausted his bag of bigotry to capture a people invading their homeland and defending it against the world’s most powerful army. But he came up with another way to deal with “the problem of the convinced fanatic”: In their extensive war against Russian partisans, the Germans found that the only answer to guerrillas … was “to win friends and influence people” among the civilian population. The actual pacification of the country means just that. (A pacification, perhaps, like that in the Ukraine.) Somewhat uncomfortable with North Korean indignation about “women and children slain by American bombs,” Baldwin went on to say that Koreans must understand that “we do not come merely to bring devastation.” Americans must convince “these simple, primitive, and barbaric peoples … that we—not the Communists—are their friends.”16 Now hear the chief counsel for war crimes at the Nuremberg Trials, Telford Taylor: The traditions and practices of warfare in the Orient are not identical with those that have developed in the Occident … individual lives are not valued so highly in Eastern mores. And it is totally unrealistic of us to expect the individual Korean soldier … to follow our most elevated precepts of warfare.17 In the summer months of 1950 the Korean People’s Army pushed

 

 

southward with dramatic success, with one humiliating defeat after another for American forces. An army that had bested Germany and Japan found its back pressed to the wall by what it thought was a hastily assembled peasant military, ill-equipped and, worse, said to be doing the bidding of a foreign imperial power. By the end of July, American and ROK forces outnumbered the KPA along the front, 92,000 to 70,000 (47,000 were Americans), but in spite of this, the retreat continued. In early August, however, the 1st Marine Brigade went into action and finally halted the KPA advance. The front did not change much from then until the end of August. The fighting stabilized at what came to be called the Pusan Perimeter, an eighty-by-fifty-mile right-angled front. Kim Il Sung later said that the plan was to win the war for the South in one month, and by the end of July he had nearly done so. This perimeter had its northern anchor on the coast around Pohang, its southeastern anchor in the coastal Chinju-Masan region, and its center just above the major city of Taegu. The latter became a symbol of the American determination to stanch the KPA’s advance; but it was Pohang in the northeast that was probably the key to stopping the KPA from occupying Pusan and unifying the peninsula. Roy Appleman wrote that the “major tactical mistake” of the North Koreans was not to press their advantage on the northeast coastal road. The KPA 5th Division worried too much about covering its flanks, instead of moving quickly on Pohang and thence combining with the 6th Division marching from the southeast to menace Pusan. Northern forces had paused south of the capital for nearly a week before restarting a dual-pincer, tank-led blitzkrieg to the southwest and southeast. This pause has caused some historians to wonder if the initial thrust was aimed mainly at Seoul, the nerve center of the South, hoping to hold it and watch the Rhee regime collapse; in any case the pause gave vital time to MacArthur to organize a defensive line in the southeast. This perimeter became the place where American power finally stiffened. North Korea had brought its forces along the perimeter to 98,000, and thousands of guerrillas, including many women, were active in the fighting. In August Gen. John H. Church, commander of the 24th Infantry Division and a veteran of the Anzio campaign, concluded that Korea was not like the European battles of World War II: “It’s an entirely different kind of warfare,

 

 

this is really guerrilla warfare.” It was “essentially a guerrilla war over rugged territory,” according to British sources; American troops were “constantly exposed to the threat of infiltration by guerrillas sweeping down from the hills into and behind its positions.” 18 Virtually any village suspected of harboring or supporting guerrillas was burned to the ground, usually from the air. Furthermore, cities and towns thought to be leftist in inclination were simply emptied of their population through forced evacuations. All but 10 percent of civilians were moved out of Sunchon, Masan was emptied of tens of thousands of citizens, “all civilians” were moved out of Yechon. Amid a threat that “the leftists and Fifth column, living in Taegu, are conspiring to create a big disturbance,” and with the perimeter under great strain, vast numbers of Taegu citizens were evacuated for fear of “an uprising.” By mid-August, many of these removed citizens were concentrated on islands near Pusan, forbidden to leave.19 Still, by this time the North Koreans were badly outnumbered. MacArthur had succeeded in committing most of the battle-ready divisions in the entire American armed forces to the Korean fighting; by September 8 all available combat-trained army units had been dispatched to Korea except for the 82nd Airborne Division. Although many of these units were with the impending Inchon amphibious operation, some 83,000 American soldiers and another 57,000 South Korean and British faced the North Koreans along the front. By this time the Americans had five times as many tanks as the KPA, their artillery was vastly superior, and they had complete control of the air since the early days of the war. At the end of August North Korean forces launched their last major offensive along the perimeter, making “startling gains” over the next two weeks, which severely strained the UN lines. On August 28, Gen. Pang Ho-san ordered his troops to take Masan and Pusan in the next few days; three KPA battalions succeeded in crossing the Naktong River in the central sector, Pohang and Chinju were lost, and the perimeter was “near the breaking point” with KPA forces pressing on Kyongju, Masan, and Taegu. U.S. commanders relocated Eighth Army headquarters from Taegu to Pusan, and prominent South Koreans began leaving Pusan for Tsushima. On September 9, Kim Il Sung said the war had

 

 

reached an “extremely harsh, decisive stage,” with the enemy being pressed on three fronts; two days later U.S. commanders reported that the frontline situation was the most dangerous since the perimeter had been established. “After two weeks of the heaviest fighting of the war,” Appleman wrote, UN forces “had just barely turned back the great North Korean offensive.” American casualties were the highest of the war to date, totaling 20,000, with 4,280 dead, by September 15. In mid-September 1950, General MacArthur masterminded his last hurrah, a tactically brilliant amphibious landing at Inchon that brought American armed forces back to Seoul five years after they first set foot on Korean soil. Inchon Harbor has treacherous tides that can easily ground a flotilla of ships if they choose the wrong time, but the American passage through the shifting bays and flats was flawless. Adm. Arthur Dewey Struble, the navy’s crack amphibious expert who led the World War II landing operations at Leyte in the Philippines and who directed the naval operations off Omaha Beach during the Normandy invasion, commanded an enormous fleet of 270 ships in the Inchon operations, depositing eighty thousand marines with hardly a loss. The marines landed mostly unopposed, but then slogged through a deadly gauntlet before Seoul finally fell at the end of September. Against this the North Koreans could do nothing; Kim Il Sung placed about two thousand poorly trained troops to defend the harbor, and for unknown reasons, failed to mine the port. They were not surprised by the invasion, as the American mythology has it, but could not resist it and so began what their historians call euphemistically “the great strategic retreat.” Regular North Korean forces continued pulling back in the face of the American decision to launch attacks across the parallel in early October, luring the enemy in deep, influencing MacArthur to split his forces into two huge columns against much contrary advice, and imploring their Chinese allies to come to their aid. Captured documents show that the North made a critical decision to fight the Americans at key points to cover a general withdrawal of their forces; a captured notebook quoted Pak Ki-song, chief of political intelligence in the KPA 8th Division: The main force of the enemy still remained intact, not having been fully

 

 

damaged. When they were not fully aware of the power of our forces, they pushed their infantry far forward … to the Yalu River. This indicated that they underestimated us. All these conditions were favorable to lure them near. Another KPA officer captured at the time of the joint Sino-Korean offensive said that until late November, the KPA had been “continuously withdrawing”: One may think that going down all the way to the Pusan perimeter and then withdrawing all the way to the Yalu River was a complete defeat. But that is not so. That was a planned withdrawal. We withdrew because we knew that UN troops would follow us up here, and that they would spread their troops thinly all over the vast area. Now, the time has come for us to envelop these troops and annihilate them. He said that combined KPA and Chinese forces striking from the front would be aided by “eight strong corps which will harass and attack the enemy from the rear.”20 Although large numbers of foot-soldiers were captured in MacArthur’s trap, most officers escaped and led large units back through the mountains and into the North. Many guerrillas also escaped into mountainous areas of the South, and became a major problem for American forces in the winter of 1950–51. (In early 1951 KPA forces had moved back as far south as Andong and Sangju in North Kyongsang province to envelop UN troops.) Shortly after the Inchon landing, a document was retrieved giving Kim Il Sung’s epitaph on the southern fighting: “The original plan was to end the war in a month,” he said, but “we could not stamp out four American divisions.” The units that had captured Seoul disobeyed orders by not marching southward promptly, thereby giving “a breathing spell” to the Americans. From the beginning, “our primary enemy was the American soldiers,” but he acknowledged that “we were taken by surprise when United Nations troops and the American Air Force and Navy moved in.” This suggests that Kim anticipated

 

 

the involvement of American ground forces (probably drawn from U.S. troops stationed in Japan), but not in such size, and not with air and naval units—a curious oversight, unless the Koreans thought that Soviet air and naval power would either deter or confront their American counterparts. It would have been hard for anyone, including the Joint Chiefs of Staff, to imagine that the vast majority of American battle-ready infantry would be transferred around the globe to this small peninsula, of seeming marginal import to U.S. global strategy. The war for the South left 111,000 South Koreans killed, 106,000 wounded, and 57,000 missing; 314,000 homes had been destroyed, 244,000 damaged. American casualties totaled 6,954 dead, 13,659 wounded, and 3,877 missing in action. North Korean military casualties are not known with any certainty, but probably totaled at least 50,000. “A GLUTOF CHINAMEN”: THE MARCH NORTH The American-led forces might have reestablished the 38th parallel and called the war a success for the containment doctrine. It would have been a surgically precise intervention, short but arduous, a sweet and telling defeat for the Communists and clear evidence of American credibility. No one could ever have taken this victory away from Harry Truman. But as the war proceeded during the summer, nearly all of Truman’s high advisers decided that the chance had come not only to contain Communist aggression, but to roll it back. Truman approved a march north toward the end of August; the evidence is clear that the decision to invade the North was made in Washington, not in Tokyo. The historian D. Clayton James remarked that this decision “must rank in quixotism with the Bay of Pigs invasion in 1961,” but he thinks it resulted from “groupthink” in Washington. Not so: it was the logical follow-on to the debate over containment and rollback bubbling along in the Truman administration for more than a year. But James is right that civilian centrality—Acheson’s centrality—in the key decisions, first to defend the South and then to invade the North, separated Korea dramatically from the shared and collegial civil-military decision making of World War II. 21

 

 

The decision was embodied in NSC document number 81, written mostly by Dean Rusk, which authorized MacArthur to move into North Korea if there were no Soviet or Chinese threats to intervene. It explicitly called for “a roll-back” of the North Korean regime; war dispatches routinely referred to the “liberated areas” in the North. At first he was told to use only Korean units in operations near the Chinese border, but soon the JCS told MacArthur to feel unhindered. MacArthur was correct in telling senators in 1951 that the crossing of the parallel “had the most complete and absolute approval of every section of the American government,” if we grant him the license of mild exaggeration owed to a person who had been badly blindsided by Truman-aligned reconstructions of history. Kim Il Sung crossed the five-year-old 38th parallel, not an international boundary like that between Iraq and Kuwait, or Germany and Poland; instead it bisected a nation that had a rare and well-recognized unitary existence going back to antiquity. The counter-logic implied by saying “Koreans invade Korea” disrupts the received wisdom or renders a logical reconstruction of the official American position impossible. In the most influential American book on justice in war, Michael Walzer defends the Truman administration’s initial intervention with the following argument: the U.S. response to North Korean aggression was correct because Truman took the problem to the United Nations, which was the legitimate organ of world decision and opinion, and thus global justice (“it was the crime of the aggressor to challenge individual and communal rights”). In justifying the American invasion of North Korea, however, the U.S. ambassador to the UN called the 38th parallel “an imaginary line.” Walzer then comments, “I will leave aside the odd notion that the 38th parallel was an imaginary line (how then did we recognize the initial aggression?).” Walzer bypasses this mouthful without further thought, because it is the essence of his argument that Truman was right to defend the 38th parallel as an international boundary—that was “the initial aggression.” 22 Why is it aggression when Koreans cross the 38th parallel, but imaginary when Americans do the same thing?

 

 

CHINA IS NEAR In September and October the general conclusion of all American intelligence agencies was that China would not come into the war. On September 20 the CIA envisioned the possibility that Chinese “volunteers” might enter the fighting, and a month later it noted “a number of reports” that Manchurian units might be sent to Korea. However, “the odds are that Communist China, like the USSR, will not openly intervene in North Korea.” On November 1, Gen. Walter Bedell Smith, director of the CIA, accurately wrote that the Chinese “probably genuinely fear an invasion of Manchuria,” and that they would seek to establish a cordon sanitaire for border security “regardless of the increased risk of general war.” But on November 24 as MacArthur lunged toward the Yalu River border, the CIA still found insufficient evidence to suggest a Chinese plan for “major offensive operations.” Intelligence agencies did not lack information; instead the problem resided at the level of assumptions and presuppositions: Moscow wouldn’t intervene because it would fear global war; Beijing wouldn’t either, because Moscow dictated to its leaders. The Russians and the Chinese had a division of labor before the war started: Russian military advisers were in North Korea and Chinese military advisers were in North Vietnam in 1950. Both worked with the respective armies on strategic planning, logistics, army organization, and political controls. While the Koreans prepared their invasion, the Vietnamese “were planning a full-scale assault on the French forces along the Sino-Vietnamese border.”23 This was less a conscious or planned division of labor than a result of Soviet occupation of North Korea and Chinese occupation of northern Vietnam after World War II, and connections between Mao and Ho Chi Minh during the Yanan period. A Chinese military intelligence group arrived in Pyongyang within three weeks of the war’s start, and as early as August 4 Mao considered intervening in Korea: if the Americans were to invade the North “we must therefore come to [North] Korea’s aid and intervene in the name of a volunteer army.” Around the time of the Inchon landing a high North Korean officer, Pak Il-yu, requested Chinese military assistance, and then on October 1 Kim Il Sung held an

 

 

emergency meeting with the Chinese ambassador to plead that the PLA 13th Army Corps quickly cross the Yalu River. By then Chinese intervention was certain, the only question was the timing: on September 30 Mao told Stalin “we have decided” to send as many as twelve infantry divisions. The Kremlin, however, fretted that a big Chinese offensive against the Americans might precipitate a world war, and backed off from a previous commitment to provide airpower to protect China’s coasts. China went ahead regardless, which apparently surprised Stalin.24 North Korean and Chinese documents make clear that China did not enter the war purely as a defensive measure to protect its border, as has long been known, but also because Mao determined early in the war that should the North Koreans falter, China had an obligation to come to their aid because of the sacrifice of so many Koreans in the Chinese revolution, the anti-Japanese resistance, and the Chinese civil war. The PRC’s Foreign Affairs Ministry referred to China’s obligations to “the Korean people who have stood on our side during the past decades.” The October 1 crossing of the 38th parallel caused Mao a sleepless night, but he made the lone decision to intervene, and informed Stalin of his decision the next day. As if some telepathy were at work, MacArthur told the Department of the Army on the same day that “the field of our military operations is limited only by military exigencies and the international boundaries of Korea. The so-called 38th Parallel, accordingly, is not a factor.” 25 In other words, NSC 81, the rollback strategy itself, caused the Chinese intervention, and not the subsequent arrival of American troops at the Yalu River. Chinese forces attacked in late October, bloodied many American troops, and then disappeared. It is likely that the Chinese hoped this would suffice to stop the American march to the Yalu, perhaps at the narrow neck of the peninsula above Pyongyang. But this also would leave the DPRK as a small, rump regime. Around this time Kim Il Sung arrived in Beijing on an armored train, moving under cover of darkness and blanketed security. He was accompanied by three other uniformed Koreans, and China’s northeast leader, Kao Kang. High PRC leaders, including Chou En-lai and Nieh Jung-chen (the two besides Mao most closely linked to the Korean decision), were not seen in Beijing in the same period, reappearing for the funeral of Jen Pi-shih on October 27.26 But the

 

 

Americans resumed their advance, as did the North Korean–Chinese strategy of luring them deep into the interior of North Korea, thus to stretch their supply lines, wait for winter, and gain time for a dramatic reversal on the battlefield. MacArthur and his G-2 chief, Charles Willoughby, trusted only themselves, and had an intuitive approach to intelligence that mingled the hard facts of enemy capability with hunches about the enemy’s presumed ethnic and racial qualities (“Chinamen can’t fight”). This combined with MacArthur’s “personal infallibility theory of intelligence,” in which he “created his own intelligence organization, interpreted its results and acted upon his own analysis.” 27 When the CIA was formed it threatened MacArthur’s exclusive intelligence theater in the Pacific and J. Edgar Hoover’s in Latin America. MacArthur and Willoughby thus continued the “interdiction” that they practiced against the Office of Strategic Services (OSS) in the Pacific War. Although the CIA did function in Japan and Korea before June 1950, operatives had to either get permission from Willoughby or hide themselves from MacArthur’s G-2 (as well as the enemy target). Effective liaison in the handling of information barely existed. At the late date of March 1950 some minimal cooperation ensued when Gen. J. Lawton Collins of the JCS asked that MacArthur share with them Willoughby’s reports on China and areas near to it. On Thanksgiving Day (November 23) the troops in the field had turkey dinners with all the trimmings—shrimp cocktail, mashed potatoes, dressing, cranberry sauce, pumpkin pie. They did not know that thousands of Chinese soldiers surrounded them, carrying “a bag of millet meal” and wearing tennis shoes at 30°F below zero. (The North Koreans and Chinese had “one man back to support one man forward,” Thompson wrote; the Americans had nine back and one forward—and “scores of tins, of candy, Coca-cola, and toilet supplies.”) 28 The next day MacArthur launched his euphemistically titled “reconnaissance in force,” a general offensive all along the battle line. He described it as a “massive compression and envelopment,” a “pincer” movement to trap remaining KPA forces. Once again American and South Korean forces were able to run north unimpeded. The offensive rolled forward for three days against little or no resistance, with ROK units succeeding in entering the northeastern industrial city of Chongjin. MacArthur launched the marines toward the Changjin Reservoir

 

 

(known by its Japanese name, Chosin, in the American literature) and sent the 7th Division north of the Unggi River, in spite of temperatures as low as 22 degrees below zero. Within a week the 7th Division had secured Kim Il Sung’s heartland of Kapsan, and reached Hyesan on the Yalu River against no resistance.

Gen. Douglas MacArthur surveys Korea from The Bataan on the eve of the “reconnaissance in force.” U.S. National Archives Finally CIA daily reports caught the pattern of enemy rearward displacement, arguing that such withdrawals had in the past preceded offensive action, and noting warily that there were “large, coordinated and well-organized guerrilla forces in the rear area” behind the Allied forces, along with guerrilla

 

 

occupation of “substantial areas in southwest Korea.” But as late as November 20 the estimates were still mixed, with some arguing that the Communists were simply withdrawing to better defensive points, and others that the pattern of “giving ground invariably in face of UN units moving northward” merely meant “a delaying action,” not preparation for all-out assault. Lost amid the hoopla of victory by Christmas were reports from reconnaissance pilots that long columns of enemy troops were “swarming all over the countryside”—not to mention the retrieval of Chinese POWs from six different armies.

American soldiers enjoy Thanksgiving dinner on the banks of the Yalu, November 23, 1950. U.S. National Archives Strong enemy attacks began on November 27, through a “deep envelopment” that chopped allied troops to pieces. The 1st Marine Division was pinned down at the Changjin Reservoir, the ROK II Corps collapsed again, and within two days a general withdrawal ensued. On December 4 the JCS cabled MacArthur that “the preservation of your forces is now the primary consideration”—that is, the utterly overexposed core of the entire American

 

 

expeditionary force, now battered and surrounded. Two days later Communist forces occupied Pyongyang, and the day after that the allied front was only twenty miles north of the parallel at its northernmost point. The combined Sino-Korean offensive cleared North Korea of enemy troops in little more than two weeks from its inception. Gen. Edward Almond wrote that “we are having a glut of Chinamen”; he hoped he would have the chance later “to give these yellow bastards what is coming to them.” By the end of December, Seoul was about to fall once again, to a Sino-Korean offensive launched on New Year’s Eve. 29 MacArthur had described the first Sino-Korean feint as “one of the most offensive acts of international lawlessness of historic record”; the KPA, he told Washington, was completely defeated, having suffered 335,000 casualties with no forces left. Thus, “a new and fresh [Chinese] army now faces us.” (In fact, KPA forces far outnumbered Chinese at this point.) Then, when large Chinese units entered the fighting at the end of November, he radioed back that he faced “the entire Chinese nation in an undeclared war.” All the Chinese? Did he mean those famous “Chinese hordes”? There weren’t any, Reginald Thompson rightly said; in late 1950 the total of enemy forces in the North never outnumbered those of the UN, even though MacArthur’s headquarters counted eighteen Chinese divisions (somehow a few hundred POWs had fortuitously managed to come from each and every one of them).30 The Chinese just exploited night maneuvers, deft feints, unnerving bugles and whistles, to make UN soldiers think they were surrounded. As soon as Chinese troops intervened in force, MacArthur ordered that a wasteland be created between the war front and the Yalu River border, destroying from the air every “installation, factory, city, and village” over thousands of square miles of North Korean territory. As a British air attaché at MacArthur’s headquarters put it, except for the city of Najin near the Soviet border and the Yalu River dams, MacArthur’s orders were “to destroy every means of communication and every installation and factories and cities and villages. This destruction is to start at the Manchurian border and to progress south.”31 This terrible swath of destruction, targeting every village in its path, followed Chinese forces right into South Korea. Soon George Barrett of The New

 

 

York Times found “a macabre tribute to the totality of modern war” in a village north of Anyang: The inhabitants throughout the village and in the fields were caught and killed and kept the exact postures they held when the napalm struck—a man about to get on his bicycle, fifty boys and girls playing in an orphanage, a housewife strangely unmarked, holding in her hand a page torn from a Sears-Roebuck catalogue crayoned at Mail Order No. 3,811,294 for a $2.98 “bewitching bed jacket—coral.” Secretary of State Dean Acheson wanted censorship authorities notified about this kind of “sensationalized reporting,” so it could be stopped.32 On November 30 Truman also rattled the atomic bomb at a news conference, saying the United States might use any weapon in its arsenal to hold back the Chinese; this got even Stalin worried. According to a high official in the KGB at the time, Stalin expected global war as a result of the American defeat in northern Korea; fearing the consequences, he favored allowing the United States to occupy all of Korea: “So what?” Stalin said. “Let the United States of America be our neighbors in the Far East.… We are not ready to fight.” Unlike Stalin the Chinese were ready—but only to fight back down to the middle of the peninsula, rather than to start World War III. Gen. Matthew Ridgway’s astute battlefield generalship eventually stiffened the allied lines below Seoul, and by the end of January he led gallant fights back northward to the Han River, opposite the capital. After more weeks of hard fighting, UN forces recaptured Seoul, and in early April, American forces crossed the 38th parallel again. Later that month the last major Chinese offensive was turned back, and by the late spring of 1951 the fighting stabilized along lines similar to those that today mark the Korean demilitarized zone, with UN forces in occupation north of the parallel on the eastern side, and Sino–North Korean forces occupying swatches of land south of the parallel on the western side. That was about where the war ended after tortuous peace negotiations and another two years of bloody fighting (most of it positional, trench warfare reminiscent of World War I).

 

 

THE SUSPENSION OF THE WAR On June 23, 1951, the Soviet UN representative, Adam Malik, proposed that discussions get started between the belligerents to arrange for a cease-fire. Truman agreed, suggesting that representatives find a suitable place to meet, which turned out to be the ancient Korean capital at Kaesong, bisected by the 38th parallel. Truce talks began on July 10, led initially by Vice Adm. C. Turner Joy for the UN side, and Lt. Gen. Nam Il of North Korea. The talks dragged on interminably, with several suspensions and a removal of the truce site to the village of Panmunjom (where it remains today). Proper and fair demarcation of each side’s military lines caused endless haggling, but the key issue that drew out the negotiations was the disposition of huge numbers of prisoners of war on all sides. The critical issue was freedom of choice in regard to repatriation, introduced by the United States in January 1952; about one third of North Korean POWs and a much larger percentage of Chinese POWs did not want to return to Communist control. Meanwhile South Korea refused to sign any armistice that would keep Korea divided, and in mid-June 1953, Syngman Rhee abruptly released some 25,000 POWs—leading the United States to develop plans (“Operation Everready”) to remove Rhee in a coup d’état, should he try to disrupt the armistice agreement again. As usual, though, Rhee got his way: the Eisenhower administration bribed him with promises of a postwar defense treaty and enormous amounts of “aid”—and even then he refused to sign the armistice.

 

 

The UN negotiating team. Paek Son-yop is in the front row. U.S. National Archives The North Koreans had abused many American and allied POWs, harshly depriving them of food and especially sleep, and subjecting many to political thought reform that was decried as “brainwashing” in the United States. Meanwhile, in spite of endless American statements of their allegiance to individual rights, human dignity, and the Geneva convention, a virtual war ensued in the South’s camps, as pro-North, pro-South, pro-China, and pro-Taiwan POW groups fought with one another, and for the allegiance of other POWs. Against American presuppositions, the Communists were more discriminating in the violence they dealt out to POWs, whereas the South routinely murdered captives before they could become POWs and tortured and mentally tormented the ones they let live. Right-wing youth groups—the familiar ones from the turmoil of the 1940s—tried to organize anti-Communist prisoners but generally dealt in haphazard mayhem. Both sides sought to “convert” POWs politically, but the Communists had a positive message and genuinely seemed to

 

 

believe in what they said, whereas youth group leaders simply demanded automatic obedience (one of the best sources for all this remains General Dean’s Story). Even after years in the camps, the ROK put liberated POWs through six more months of “reeducation” before dismissing them to their families. Sixty individuals remained detained because they had not yet shed their Communist “brainwashing.” 33

North Korean head negotiator Nam Il at Panmunjom. U.S. National Archives The POW issue was finally settled on June 8, 1953, when the Communist side agreed to place POWs who refused repatriation under the control of the Neutral Nations’ Supervisory Commission for three months; at the end of this period those who still refused repatriation would be set free. Two final and costly Communist offensives in June and July sought to gain more ground but failed, and the U.S. Air Force hit huge irrigation dams that provided water for 75 percent of the North’s food production. On June 20, 1953, The New York Times announced the execution of the accused Soviet spies Julius and Ethel Rosenberg at Sing Sing prison; in the fine print of daily war coverage the U.S. Air Force stated that its planes bombed dams at Kusong and Toksan in North Korea, and in

 

 

even finer print the North Korean radio acknowledged “great damage” to these large reservoirs. Two days later the Times reported that the State Department had banned several hundred American books from overseas libraries of the U.S. Information Service—including Dashiell Hammett’s The Maltese Falcon. The fighting could have come to an end much earlier, but both Moscow and Washington had interests in keeping it going since Korea no longer threatened to erupt into general war. Some historians think that Stalin’s death in March 1953 and the Eisenhower administration’s escalation of the air war in May and June finally brought the hot war to a conclusion, while others argue that it easily could have ended in 1951. But as the war dragged on, the United States also brandished the biggest weapons in its arsenal. On May 26, 1953, The New York Times featured a story on the first atomic shell shot from a cannon, which exploded at French Flat, Nevada, with ten-kiloton force (half the Hiroshima yield). A few days later came the “mightiest atom blast” ever exploded at the Nevada test site; some speculated that it might have been a hydrogen bomb. Formerly secret materials illustrate that in May and June 1953 the Eisenhower administration sought to show that it would stop at nothing to bring the war to a close. In mid-May Ike told the National Security Council that using nukes in Korea would be cheaper than conventional weaponry, and a few days later the Joint Chiefs recommended launching nuclear attacks against China. The Nevada tests were integral to this atomic blackmail, a way of getting a message to the enemy that it had better sign the armistice. Nonetheless, there is little evidence that Ike’s nuclear threats made any difference in the Communist decision to end the war, which had come some months before (since 1953, however, it remains true that The Maltese Falcon has subverted many innocents). On July 27, 1953, three of the four primary parties to the war signed the armistice agreement (the ROK still refusing). It called for a 2.5-mile-wide buffer zone undulating across the middle of Korea, from which troops and weapons were supposed to be withdrawn. Today this heavily fortified “demilitarized zone” still holds the peace in Korea, as does the 1953 cease-fire agreement. No peace treaty has ever been signed, and so the peninsula remains in a technical state of war. Various encyclopedias state that the countries involved in the three-year

 

 

conflict suffered a total of more than 4 million casualties, of which at least 2 million were civilians—a higher percentage than in World War II or Vietnam. A total of 36,940 Americans lost their lives in the Korean theater; of these, 33,665 were killed in action, while 3,275 died there of nonhostile causes. Some 92,134 Americans were wounded in action, and decades later, 8,176 were still reported as missing. South Korea sustained 1,312,836 casualties, including 415,004 dead. Casualties among other UN allies totaled 16,532, including 3,094 dead. Estimated North Korean casualties numbered 2 million, including about 1 million civilians and about 520,000 soldiers. An estimated 900,000 Chinese soldiers lost their lives in combat.34 Washington, D.C., reporters wrote, met the war’s end with “a collective shrug of the shoulders.” In New York, TV camera crews showed up at Times Square to find desultory citizens who had to be coaxed into shouting approval of the peace; fewer people were on the streets because subway fares had just gone up to fifteen cents. The next day an Iowa court ruled that there had been no state of war in Korea, since Congress never declared one to exist. The point to remember is that this was a civil war35 and, as a British diplomat once said, “every country has a right to have its War of the Roses.” The true tragedy was not the war itself, for a civil conflict purely among Koreans might have resolved the extraordinary tensions generated by colonialism, national division, and foreign intervention. The tragedy was that the war solved nothing: only the status quo ante was restored, only a cease-fire held the peace.

 
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Week 6 Discussion

Discussion Board Forums 4

Topic: Privacy Policy

After reviewing the material in the Reading & Study folder for Module/Week 7, address the following, integrating biblical perspectives where appropriate: What other ways of writing privacy policies exist? For example, are there useful ways to combine BMA and Chinese Wall? Are there any ways, whether technical or economic, of aligning the data subject’s interest with those of the system operator and other stakeholders?

You are required to provide a thread in response to the provided topic for each forum. Each thread is to be 300 words and demonstrate course-related knowledge. In addition to the thread, you are required to reply to 2 other classmates’ threads. Each reply must be 150 words.

Your thread is due by 11:59 p.m. (ET) on Thursday, and your replies are due by 11:59 p.m. (ET) on Sunday.

 

Discussion Board Forum 5

 

Topic: Hidden Content

 

Thread: Discuss methods on how to hide information on victim systems that will make forensic analysis more difficult. Also, share the value of being the light Jesus talks about in Matthew 5:14 by bringing hidden information into the light.

 

Replies: For your replies, respond to a minimum of 2 classmates, identifying at least one strength or weakness, or by adding a related thought to the conversation.

 

You are required to create a thread in response to the provided prompt. Each thread must be at least 300 words and include at least 1 scholarly source other than the course materials. You must also reply to a minimum of 2 other classmates’ threads. Each reply must be at least 100 words and include at least 1 scholarly source other than the course material. All sources must be cited in current APA format.

There must also be an appropriate incorporation of Judeo-Christian worldview/analysis and biblical principles in both the thread and the replies.

 
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PHED 1164 – Physical Education Research Paper, Due 5/5

Core Objective Obesity Research Paper Instructions

Your assignment is to prepare and submit a paper on OBESITY IN and possible solutions and AMERICA-statistics. Your paper should be a minimum of 250 words in length (1-2 pages double-spaced, risks not more than 500 words), in 12-point, Times New Roman type, and meet the following minimum objectives:

 

1) provide a review, reflection, and response to the topic, which should involve learning from your readings and personal research, self-assessments, class activities; and/or any other engagement with the web links and other materials in this class;

2) provide an assessment of how you think obesity may have affected you, someone you know, or society in general, and how you can apply your present knowledge of the health risks associated with obesity; and,

3) provide some advice relating to this general topic of obesity that you might give yourself or others regarding the benefits of a proactive approach to a healthy lifestyle

4) cite a minimum of two written sources outside of the class material. Here’s a good link to help in citing your sources https://www.wikihow.com/Cite-a-Research-Paper#Citation_Help_sub

Submit a WORD document with the above title on the top) ……..This assignment is worth 15 points. Points will be deducted for grammatical errors, spelling and word count minimum or maximum not being fulfilled.

 

Grading Rubric for Obesity Research Paper

Your 250-500 word research paper on “Obesity in America” will be graded using the following Grading Rubric.

Score and Criteria

Score: 9 – 10 points Criteria: Research paper demonstrates complete understanding and execution of the assigned objectives. Thesis statement/argument is clearly stated, complex and original, and the writing does not spend excessive time on any one point of development at the expense of developing other points in the body of the paper. Writing is also error-free, without ambiguity, and reads smoothly, creatively, and with a purpose.

Score: 7- 8 points Criteria: Research paper demonstrates considerable understanding and execution of the assigned objectives. Thesis statement/argument is stated, verges on the complex and original, and the writing shows accuracy and balance in developing body points, but may exhibit occasional weaknesses and lapses in correctness. Writing also has some errors and ambiguities, yet does read clearly and coherently.

 

Score: 4 – 6 points Criteria: Research paper demonstrates some understanding and execution of the assigned objectives. Thesis statement/argument is faintly stated and/or expected and not confident, and the writing is inconsistent in terms of balance in developing body points, and exhibits weaknesses and lapses in correctness. Writing also has many errors and ambiguities, and may read confusingly and incoherently.

Score: 1 – 3 points Criteria: Research paper demonstrates limited understanding and execution of the assigned objectives. Thesis statement/argument is simplistic, unoriginal, and/or not present at all, and the writing is unbalanced in developing body points, weak, and incomplete. Writing also has numerous errors and ambiguities, and reads confusingly and incoherently.

 
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Assignment: Supporting Grief And Loss

For the Assignment, you will create a support group for one of the following populations: breast cancer survivor, loss of infant, new widow, child who lost a sibling, or another population as approved by your instructor. You will create a PowerPoint (PPT) presentation in which you will explain the type of group (family, multi-group, etc.) you will be designing. The presentation must include at least 5-7 academic references to support the planning and 3-5 good resources you would pass on to group members.  Record your presentation using the Personal Capture function of Kaltura.

By Day 7

Submit a 5-7 minute recorded PPT presentation which includes the following:

· Explanation of important principles related to grief and loss and how these were taken into account when designing the group

· Description of the structure and function of the group you planned

· Explanation of how diversity and culture was taken into account when developing this group

· Explanation of how you would engage the group members

· Explanation of how you would assess functioning and dynamics

· Explanation of intervention that would be provided in the group, including reasons for sharing the 3-5 recommended resources for the group.

· Explanation of how you would evaluate group outcomes

· References

 
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Intercultural Communication

Intercultural Communication!

READINGS: Igor E. Klyukanov. Principles of Intercultural Communication, 2nd Edition, Routledge.

· Read chapter 5: Commensurability Principle

· Lecture and PowerPoint Slides Chapter 5 (attached)

· Read chapter 6: Continuum Principle

· Lecture and PowerPoint Slides Chapter 6 (attached)

 

ASSIGNMENT: TAP ( Takeaways points ) #3

 

Answer for Questions 1 (attached)

using only Commensurability Principle (ch.5)

We are all Americans. The American model of life.

· Identify five (5) distinctly American concepts

· How they are represented with verbal or nonverbal signs in other cultures? (example would be the concept of fast food and its representation by the sign “McDonald’s” (verbal) or the golden arches (nonverbal))

· How does the Commensurability Principle, only this one principal, work here in this particular question?

 

Answer for Questions 2 (p.154) (attached)

using only Continuum Principle (ch.6) by reading the case study

Use this TEMPLATE (attached)

 

 

Intercultural Communication

“Takeaways points Assignment Rubric”

· Use the proper format (name, course #, TAP #…Identify each Question you’re answering…have your TAP double- spaced, after answering both questions, you should total 500 word- count

· Have thoughtful answers

· Include the 2 Current Principles (Commensurability in question 1 and

Continuum in question 2 )

 

(make them easy to identify)!!!

 
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Irony And Theme In “The Lottery”

LESSON 7: THE SCAPEGOAT ARCHETYPE

“The Lottery” by Shirley Jackson

LEARNING GOALS:

R1. read and demonstrate an understanding of a variety of literary, informational, and graphic texts, using a range of strategies to

construct meaning;

R2. recognize a variety of text forms, text features, and stylistic elements and demonstrate understanding of how they help

communicate meaning;

R3. use knowledge of words and cueing systems to read fluently

W1. generate, gather, and organize ideas and information to write for an intended purpose and audience;

W2. draft and revise their writing, using a variety of literary, informational, and graphic forms and stylistic elements appropriate

for the purpose and audience;

W3. use editing, proofreading, and publishing skills and strategies, and knowledge of language conventions, to correct errors,

refine expression, and present their work effectively;

M1. demonstrate an understanding of a variety of media texts;

M2. identify some media forms and explain how the conventions and techniques associated with them are used to create

meaning;

M4. Reflecting on Skills and Strategies: reflect on and identify their strengths as media interpreters and creators, areas for

improvement, and the strategies they found most helpful in understanding and creating media texts

SUCCESS CRITERIA:

Successfully complete the questions

 

Reflecting on Literary Concepts: The Scapegoat

 

BEFORE CONTINUING, BE SURE THAT YOU HAVE VIEWED THE POWER POINT

PRESENTATION OF THE SCAPEGOAT ARCHETYPE

 

TASK

 

This story is the product of writer Shirley Jackson’s imagination and it was written during the

mid 1940s during her residence in North Bennington, Vermont. Jackson got the idea for this

story while wheeling her young children up the hill in their stroller coming home from a trip to

the little village one day. When she got home, she managed to get the story down In writing

while it was fresh in her mind. At the time it was published, she received a tremendous volume

of mail inquiring into the origin and factual basis of the story. Therefore, we have the author’s

word that it is a fictional account of the scapegoat scenario.

 

Read “The Lottery” and note your impression.

1. What is the irony of the text’s title? How do the fundamentals of “a lottery” (i.e. the various

state run “Jackpot” lotteries) differ and relate to the one portrayed in this story?

 

2. Articulate responses to the following:

 

• Evaluate the complex ritual of the lottery. Why does this town feel obligated to continue the tradition that causes such an end to one of their own?

 

 

• How might you analyse Mrs. Hutchinson’s characterization as she joins the assembly? At this point, what is the attitude between Mrs. Delacroix’s toward her? How does this

compare to the end of the story? What does complex relationship suggest in terms of

their relationship and the ritual?

• Consider the overall description and actions of Mr. Summers. What is his role in the proceedings? How does his characterization aid in developing the complex and

suggestive meaning of the ritual?

 

• What is the implication behind Old Man Warner’s remark, “it’s not the way it used to be. People ain’t the way they used to be,” as the Hutchinson’s make the final draw? What is

Mrs. Hutchinson’s demeanor at the end of the story? What is your reaction to this

outcome?

3. Decide what the author is trying to uncover about human nature and social order. What is the

theme for this text?

 

 

The Lottery

By Shirley Jackson

 

 

The morning of June 27th was clear and sunny, with the fresh warmth of a full-summer

day; the flowers were blossoming profusely and the grass was richly green. The people of the

village began to gather in the square, between the post office and the bank, around ten o’clock;

in some towns there were so many people that the lottery took two days and had to be started

on June 2th. but in this village, where there were only about three hundred people, the whole

lottery took less than two hours, so it could begin at ten o’clock in the morning and still be

through in time to allow the villagers to get home for noon dinner.

The children assembled first, of course. School was recently over for the summer, and the

feeling of liberty sat uneasily on most of them; they tended to gather together quietly for a while

before they broke into boisterous play. and their talk was still of the classroom and the teacher,

of books and reprimands. Bobby Martin had already stuffed his pockets full of stones, and the

other boys soon followed his example, selecting the smoothest and roundest stones; Bobby and

Harry Jones and Dickie Delacroix– the villagers pronounced this name “Dellacroy”–eventually

made a great pile of stones in one corner of the square and guarded it against the raids of the

other boys. The girls stood aside, talking among themselves, looking over their shoulders at

rolled in the dust or clung to the hands of their older brothers or sisters.

Soon the men began to gather. surveying their own children, speaking of planting and rain,

tractors and taxes. They stood together, away from the pile of stones in the corner, and their

jokes were quiet and they smiled rather than laughed. The women, wearing faded house dresses

and sweaters, came shortly after their menfolk. They greeted one another and exchanged bits

of gossip as they went to join their husbands. Soon the women, standing by their husbands,

began to call to their children, and the children came reluctantly, having to be called four or

five times. Bobby Martin ducked under his mother’s grasping hand and ran, laughing, back to

the pile of stones. His father spoke up sharply, and Bobby came quickly and took his place

between his father and his oldest brother.

The lottery was conducted–as were the square dances, the teen club, the Halloween

program–by Mr. Summers. who had time and energy to devote to civic activities. He was a

round-faced, jovial man and he ran the coal business, and people were sorry for him. because

he had no children and his wife was a scold. When he arrived in the square, carrying the black

wooden box, there was a murmur of conversation among the villagers, and he waved and called.

“Little late today, folks.” The postmaster, Mr. Graves, followed him, carrying a three- legged

stool, and the stool was put in the center of the square and Mr. Summers set the black box down

on it. The villagers kept their distance, leaving a space between themselves and the stool. and

when Mr. Summers said, “Some of you fellows want to give me a hand?” there was a hesitation

before two men. Mr. Martin and his oldest son, Baxter. came forward to hold the box steady on

the stool while Mr. Summers stirred up the papers inside it.

The original paraphernalia for the lottery had been lost long ago, and the black box now

resting on the stool had been put into use even before Old Man Warner, the oldest man in town,

was born. Mr. Summers spoke frequently to the villagers about making a new box, but no one

liked to upset even as much tradition as was represented by the black box. There was a story

that the present box had been made with some pieces of the box that had preceded it, the one

that had been constructed when the first people settled down to make a village here. Every year,

 

 

after the lottery, Mr. Summers began talking again about a new box, but every year the subject

was allowed to fade off without anything’s being done. The black box grew shabbier each year:

by now it was no longer completely black but splintered badly along one side to show the

original wood color, and in some places faded or stained.

Mr. Martin and his oldest son, Baxter, held the black box securely on the stool until Mr.

Summers had stirred the papers thoroughly with his hand. Because so much of the ritual had

been forgotten or discarded, Mr. Summers had been successful in having slips of paper

substituted for the chips of wood that had been used for generations. Chips of wood, Mr.

Summers had argued. had been all very well when the village was tiny, but now that the

population was more than three hundred and likely to keep on growing, it was necessary to use

something that would fit more easily into he black box. The night before the lottery, Mr.

Summers and Mr. Graves made up the slips of paper and put them in the box, and it was then

taken to the safe of Mr. Summers’ coal company and locked up until Mr. Summers was ready

to take it to the square next morning. The rest of the year, the box was put way, sometimes one

place, sometimes another; it had spent one year in Mr. Graves’s barn and another year underfoot

in the post office. and sometimes it was set on a shelf in the Martin grocery and left there.

There was a great deal of fussing to be done before Mr. Summers declared the lottery open.

There were the lists to make up–of heads of families. heads of households in each family.

members of each household in each family. There was the proper swearing-in of Mr. Summers

by the postmaster, as the official of the lottery; at one time, some people remembered, there had

been a recital of some sort, performed by the official of the lottery, a perfunctory. tuneless chant

that had been rattled off duly each year; some people believed that the official of the lottery

used to stand just so when he said or sang it, others believed that he was supposed to walk

among the people, but years and years ago this p3rt of the ritual had been allowed to lapse.

There had been, also, a ritual salute, which the official of the lottery had had to use in addressing

each person who came up to draw from the box, but this also had changed with time, until now

it was felt necessary only for the official to speak to each person approaching. Mr. Summers

was very good at all this; in his clean white shirt and blue jeans. with one hand resting carelessly

on the black box. he seemed very proper and important as he talked interminably to Mr. Graves

and the Martins.

Just as Mr. Summers finally left off talking and turned to the assembled villagers, Mrs.

Hutchinson came hurriedly along the path to the square, her sweater thrown over her shoulders,

and slid into place in the back of the crowd. “Clean forgot what day it was,” she said to Mrs.

Delacroix, who stood next to her, and they both laughed softly. “Thought my old man was out

back stacking wood,” Mrs. Hutchinson went on. “and then I looked out the window and the kids

was gone, and then I remembered it was the twenty-seventh and came a-running.” She dried

her hands on her apron, and Mrs. Delacroix said, “You’re in time, though. They’re still talking

away up there.”

Mrs. Hutchinson craned her neck to see through the crowd and found her husband and

children standing near the front. She tapped Mrs. Delacroix on the arm as a farewell and began

to make her way through the crowd. The people separated good-humoredly to let her through:

two or three people said. in voices just loud enough to be heard across the crowd, “Here comes

your, Missus, Hutchinson,” and “Bill, she made it after all.” Mrs. Hutchinson reached her

husband, and Mr. Summers, who had been waiting, said cheerfully. “Thought we were going

to have to get on without you, Tessie.” Mrs. Hutchinson said. grinning, “Wouldn’t have me

leave m’dishes in the sink, now, would you. Joe?,” and soft laughter ran through the crowd as

 

 

the people stirred back into position after Mrs. Hutchinson’s arrival.

“Well, now.” Mr. Summers said soberly, “guess we better get started, get this over with,

so’s we can go back to work. Anybody ain’t here?”

“Dunbar.” several people said. “Dunbar. Dunbar.”

Mr. Summers consulted his list. “Clyde Dunbar.” he said. “That’s right. He’s broke his leg,

hasn’t he? Who’s drawing for him?”

“Me. I guess,” a woman said. and Mr. Summers turned to look at her. “Wife draws for her

husband.” Mr. Summers said. “Don’t you have a grown boy to do it for you, Janey?” Although

Mr. Summers and everyone else in the village knew the answer perfectly well, it was the

business of the official of the lottery to ask such questions formally. Mr. Summers waited with

an expression of polite interest while Mrs. Dunbar answered.

“Horace’s not but sixteen vet.” Mrs. Dunbar said regretfully. “Guess I gotta fill in for the

old man this year.”

“Right.” Sr. Summers said. He made a note on the list he was holding. Then he asked,

“Watson boy drawing this year?”

A tall boy in the crowd raised his hand. “Here,” he said. “I m drawing for my mother and

me.” He blinked his eyes nervously and ducked his head as several voices in the crowd said

thin#s like “Good fellow, lack.” and “Glad to see your mother’s got a man to do it.”

“Well,” Mr. Summers said, “guess that’s everyone. Old Man Warner make it?”

“Here,” a voice said. and Mr. Summers nodded.

A sudden hush fell on the crowd as Mr. Summers cleared his throat and looked at the list.

“All ready?” he called. “Now, I’ll read the names–heads of families first–and the men come up

and take a paper out of the box. Keep the paper folded in your hand without looking at it until

everyone has had a turn. Everything clear?”

The people had done it so many times that they only half listened to the directions: most of

them were quiet. wetting their lips. not looking around. Then Mr. Summers raised one hand

high and said, “Adams.” A man disengaged himself from the crowd and came forward. “Hi.

Steve.” Mr. Summers said. and Mr. Adams said. “Hi. Joe.” They grinned at one another

humorlessly and nervously. Then Mr. Adams reached into the black box and took out a folded

paper. He held it firmly by one corner as he turned and went hastily back to his place in the

crowd. where he stood a little apart from his family. not looking down at his hand.

“Allen.” Mr. Summers said. “Anderson…. Bentham.”

“Seems like there’s no time at all between lotteries any more.” Mrs. Delacroix said to Mrs.

Graves in the back row.

“Seems like we got through with the last one only last week.”

“Time sure goes fast.– Mrs. Graves said.

“Clark…. Delacroix”

“There goes my old man.” Mrs. Delacroix said. She held her breath while her husband went

forward.

“Dunbar,” Mr. Summers said, and Mrs. Dunbar went steadily to the box while one of the

women said. “Go on. Janey,” and another said, “There she goes.”

“We’re next.” Mrs. Graves said. She watched while Mr. Graves came around from the side

of the box, greeted Mr. Summers gravely and selected a slip of paper from the box. By now, all

through the crowd there were men holding the small folded papers in their large hand. turning

them over and over nervously Mrs. Dunbar and her two sons stood together, Mrs. Dunbar

holding the slip of paper.

 

 

“Harburt…. Hutchinson.”

“Get up there, Bill,” Mrs. Hutchinson said. and the people near her laughed.

“Jones.”

“They do say,” Mr. Adams said to Old Man Warner, who stood next to him, “that over in

the north village they’re talking of giving up the lottery.”

Old Man Warner snorted. “Pack of crazy fools,” he said. “Listening to the young folks,

nothing’s good enough for them. Next thing you know, they’ll be wanting to go back to living

in caves, nobody work any more, live hat way for a while. Used to be a saying about ‘Lottery

in June, corn be heavy soon.’ First thing you know, we’d all be eating stewed chickweed and

acorns. There’s always been a lottery,” he added petulantly. “Bad enough to see young Joe

Summers up there joking with everybody.”

“Some places have already quit lotteries.” Mrs. Adams said.

“Nothing but trouble in that,” Old Man Warner said stoutly. “Pack of young fools.”

“Martin.” And Bobby Martin watched his father go forward. “Overdyke…. Percy.”

“I wish they’d hurry,” Mrs. Dunbar said to her older son. “I wish they’d hurry.”

“They’re almost through,” her son said.

“You get ready to run tell Dad,” Mrs. Dunbar said.

Mr. Summers called his own name and then stepped forward precisely and selected a slip

from the box. Then he called, “Warner.”

“Seventy-seventh year I been in the lottery,” Old Man Warner said as he went through the

crowd. “Seventy-seventh time.”

“Watson” The tall boy came awkwardly through the crowd. Someone said, “Don’t be

nervous, Jack,” and Mr. Summers said, “Take your time, son.”

“Zanini.”

After that, there was a long pause, a breathless pause, until Mr. Summers. holding his slip

of paper in the air, said, “All right, fellows.” For a minute, no one moved, and then all the slips

of paper were opened. Suddenly, all the women began to speak at once, saving. “Who is it?,”

“Who’s got it?,” “Is it the Dunbars?,” “Is it the Watsons?” Then the voices began to say, “It’s

Hutchinson. It’s Bill,” “Bill Hutchinson’s got it.”

“Go tell your father,” Mrs. Dunbar said to her older son.

People began to look around to see the Hutchinsons. Bill Hutchinson was standing quiet,

staring down at the paper in his hand. Suddenly. Tessie Hutchinson shouted to Mr. Summers.

“You didn’t give him time enough to take any paper he wanted. I saw you. It wasn’t fair!”

“Be a good sport, Tessie.” Mrs. Delacroix called, and Mrs. Graves said, “All of us took the

same chance.”

“Shut up, Tessie,” Bill Hutchinson said.

“Well, everyone,” Mr. Summers said, “that was done pretty fast, and now we’ve got to be

hurrying a little more to get done in time.” He consulted his next list. “Bill,” he said, “you draw

for the Hutchinson family. You got any other households in the Hutchinsons?”

“There’s Don and Eva,” Mrs. Hutchinson yelled. “Make them take their chance!”

“Daughters draw with their husbands’ families, Tessie,” Mr. Summers said gently. “You

know that as well as anyone else.”

“It wasn’t fair,” Tessie said.

“I guess not, Joe.” Bill Hutchinson said regretfully. “My daughter draws with her husband’s

family; that’s only fair. And I’ve got no other family except the kids.”

“Then, as far as drawing for families is concerned, it’s you,” Mr. Summers said in

 

 

explanation, “and as far as drawing for households is concerned, that’s you, too. Right?”

“Right,” Bill Hutchinson said.

“How many kids, Bill?” Mr. Summers asked formally.

“Three,” Bill Hutchinson said.

“There’s Bill, Jr., and Nancy, and little Dave. And Tessie and me.”

“All right, then,” Mr. Summers said. “Harry, you got their tickets back?”

Mr. Graves nodded and held up the slips of paper. “Put them in the box, then,” Mr.

Summers directed. “Take Bill’s and put it in.”

“I think we ought to start over,” Mrs. Hutchinson said, as quietly as she could. “I tell you

it wasn’t fair. You didn’t give him time enough to choose. Everybody saw that.”

Mr. Graves had selected the five slips and put them in the box. and he dropped all the

papers but those onto the ground. where the breeze caught them and lifted them off.

“Listen, everybody,” Mrs. Hutchinson was saying to the people around her.

“Ready, Bill?” Mr. Summers asked. and Bill Hutchinson, with one quick glance around at

his wife and children. nodded.

“Remember,” Mr. Summers said. “take the slips and keep them folded until each person

has taken one. Harry, you help little Dave.” Mr. Graves took the hand of the little boy, who

came willingly with him up to the box. “Take a paper out of the box, Davy.” Mr. Summers said.

Davy put his hand into the box and laughed. “Take just one paper.” Mr. Summers said. “Harry,

you hold it for him.” Mr. Graves took the child’s hand and removed the folded paper from the

tight fist and held it while little Dave stood next to him and looked up at him wonderingly.

“Nancy next,” Mr. Summers said. Nancy was twelve, and her school friends breathed

heavily as she went forward switching her skirt, and took a slip daintily from the box “Bill, Jr.,”

Mr. Summers said, and Billy, his face red and his feet overlarge, near knocked the box over as

he got a paper out. “Tessie,” Mr. Summers said. She hesitated for a minute, looking around

defiantly. and then set her lips and went up to the box. She snatched a paper out and held it

behind her.

“Bill,” Mr. Summers said, and Bill Hutchinson reached into the box and felt around,

bringing his hand out at last with the slip of paper in it.

The crowd was quiet. A girl whispered, “I hope it’s not Nancy,” and the sound of the

whisper reached the edges of the crowd.

“It’s not the way it used to be.” Old Man Warner said clearly. “People ain’t the way they

used to be.”

“All right,” Mr. Summers said. “Open the papers. Harry, you open little Dave’s.”

Mr. Graves opened the slip of paper and there was a general sigh through the crowd as he

held it up and everyone could see that it was blank. Nancy and Bill. Jr.. opened theirs at the

same time. and both beamed and laughed. turning around to the crowd and holding their slips

of paper above their heads.

“Tessie,” Mr. Summers said. There was a pause, and then Mr. Summers looked at Bill

Hutchinson, and Bill unfolded his paper and showed it. It was blank.

“It’s Tessie,” Mr. Summers said, and his voice was hushed. “Show us her paper. Bill.”

Bill Hutchinson went over to his wife and forced the slip of paper out of her hand. It had a

black spot on it, the black spot Mr. Summers had made the night before with the heavy pencil

in the coal company office. Bill Hutchinson held it up, and there was a stir in the crowd.

“All right, folks.” Mr. Summers said. “Let’s finish quickly.”

Although the villagers had forgotten the ritual and lost the original black box, they still

 

 

remembered to use stones. The pile of stones the boys had made earlier was ready; there were

stones on the ground with the blowing scraps of paper that had come out of the box Delacroix

selected a stone so large she had to pick it up with both hands and turned to Mrs. Dunbar. “Come

on,” she said. “Hurry up.”

Mr. Dunbar had small stones in both hands, and she said. gasping for breath. “I can’t run at

all. You’ll have to go ahead and I’ll catch up with you.”

The children had stones already. And someone gave little Davy Hutchinson few pebbles.

Tessie Hutchinson was in the center of a cleared space by now, and she held her hands out

desperately as the villagers moved in on her. “It isn’t fair,” she said. A stone hit her on the side

of the head. Old Man Warner was saying, “Come on, come on, everyone.” Steve Adams was in

the front of the crowd of villagers, with Mrs. Graves beside him.

“It isn’t fair, it isn’t right,” Mrs. Hutchinson screamed, and then they were upon her.

After reading “The Lottery” and noting your impression and completing the multiple choice quiz, submit answers to the following:

1.  What is the irony of the text’s title? How do the fundamentals of “a lottery” (i.e. the various state run “Jackpot” lotteries) differ and relate to the one portrayed in this story?

2. What is the implication behind Old Man Warner’s remark, “it’s not the way it used to be. People ain’t the way they used to be,” as the Hutchinson’s make the final draw? What is Mrs. Hutchinson’s demeanor at the end of the story? What is your reaction to this outcome?

3. What is the theme for this text?  Decide what the author is trying to uncover about human nature and social order. Connect this to the theme for this text.

 
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SOCW 6311 WK 7 Responses

SOCW 6311 WK 7 responses 

Respond to at least two colleagues each one has to be answered separately name first then response and references after each

Respond to at least two colleagues by doing all of the following:

  • Offer critiques      of their logic model as if you were a member of their work groups.
    • Identify       strengths of the logic models.
    • Identify       potential weaknesses in the assumptions or areas that may require       additional information or clarification.
  • Offer      substantial information to assist your colleagues’ efforts such as:
    • Information to       support their understanding of the problems and needs in this population
    • Suggestions       related to intervention activities, and potential outcomes

Instructor wants laid out like this:

Offer critiques of their logic model as if you were a member of their work groups.

Your response

Identify strengths of the logic models.

Your response

Identify potential weaknesses in the assumptions or areas that may require additional information or clarification.

Your response

Offer substantial information to assist your colleagues’ efforts such as:

Information to support their understanding of the problems and needs in this population

Your response

Suggestions related to intervention activities, and potential outcomes

Your response

References

Your response

PEER 1

Cedric Brown 

RE: Discussion – Week 7

Top of Form

Post a logic model and theory of change for a practitioner-level intervention.

Children/Students with substance abuse issues

Input steps

  • Identify substance abuse with teen that caused the child to      get kicked out of school.
  • Provide family and caregivers appropriate materials that is      needed for dealing with someone who has substance abuse issues.

Program activities

  • Provides substance abuse classes for the child as well as      classes for the parents to know how to cope with them.

Output steps

  • Have all parties involved attend all of the required meetings      that are provided by the program.

Initial outcomes

  • Both the parents and the client will be knowledgeable about      the dangers and how to deal with the individual who suffers from substance      abuse.

Intermediate outcomes

  • Parents are knowledgeable about behaviors and tendencies of      the client.
  • The client who suffers from substance abuse will know the      effects of drug use.
  • The client will abstain from drug use.

Long-term outcomes

  • Client will not participate in any illegal drug use.
  • Client will have a healthy and high quality of life      (Randolph, 2010).

Describe the types of problems, the client needs, and the underlying causes of problems and unmet needs.

The problem that the teen faces is that they have been kicked out of school for drug use. The client’s needs are that they feel like they are not important and found a crowd that they felt like they belonged to and started to use drugs. Some of the unmet needs that they have are not feeling accepted, loved, or that they belong.

Identify the short- and long-term outcomes that you think would represent an improved condition.

Short-term outcomes that would represent an improved condition are the client acknowledging that they have a problem and are willing to seek help. Also, the willingness to accept the services being provided to them. A long-term outcome that would represent an improved condition is no more use of any illegal substance going forward.

Then describe interventions that would lead to a change in the presenting conditions.

An intervention that would fit this client and their family is Family Behavior Therapy (FBT). FBT is an evidence-based treatment option where family members are taught to use behavioral strategies to learn new skills to improve their home environment (Family-Based Approaches, n.d.). During the treatment, all parties involved set goals for behavior for preventing substance use and reducing risky behaviors. Goals are rewarded at each session as an incentive to continue on the right path (Family-Based Approaches, n.d.).

Cedric

Reference

Family-Based Approaches (n.d.). https://www.drugabuse.gov

Randolph, K.A. (2010). Logic Models. In B. Thyer (Ed.), The handbook of social work research

methods (2nd ed., pp. 547-562). Thousand Oaks, CA: Sage. (PDF)

Bottom of Form

Peer 2

McKenna Bull 

RE: Discussion – Week 7

Top of Form

Randolph (2010) suggests that logic models are diagrams of the relationship between a need that a program is designed to address and the actions or interventions taken to address the need and achieve program outcomes (p. 547). This type of model can help practitioners to better understand how various components of a program are intertwined, and connected, and how these components may potentially aid in achieving program goals/outcomes.

Describe the types of problems, the client needs, and the underlying causes of problems and unmet needs.

The primary population for this particular logic model will be adolescent females within a residential treatment center. The presenting problem for this particular population presents as poor emotion regulation, and lack of impulse control. This problem presents in a number of different ways depending on the client and various particulars with their history. Some of the ways in which this lack of emotion regulation and lack of impulse control presents may include: verbal aggression, physical aggression, self-harm, isolation, homicidal ideation, suicidal ideation, etc. Though the presentation varies from individual to individual, it seems that there is often one variable that is common amongst each of the girls. This factor is trauma, and having experienced trauma.

It could be that a need of this population is to be in a stable, safe environment. Many of these adolescents hail from less than savvy home environments, and often times these home environments exposed them to high levels of traumatic events, or could be the source of the emotion dysregulation. Another need could be to learn coping skills and techniques to help them manage their emotions and impulses more appropriately. It seems that many of these adolescents have not had the chance to learn a number of pro-social behaviors, and coping skills that many other children/adolescents have learned in their youth. Finally, it seems that a need of the client population may be receiving a therapeutically sounds, evidence-based treatment to help them overcome their trauma.

It appears that a primary underlying cause of the problem could be trauma itself. Much of the dysregulation and impulsivity seems to be a result of trauma experienced at a younger age.

Identify the short- and long-term outcomes that you think would represent an improved condition.

Short-term outcomes are those client changes or benefits that are most immediately associated with the program’s outputs (Randolph, 2020, p. 550). In this case, some of the short-term outcomes that may represent an improved condition amongst this population could be things such as: (1) improved emotion regulation and impulse control as evidenced by less incidents of self-harm, verbal aggression, physical aggression, decreased thoughts of homicide or suicide, etc., (2) increased levels of engagement in school, therapy, peer interactions, and (3) ability to communicate emotions and feelings in an appropriate, pro-social manner.

Long-term outcomes are also referred to as program impacts or program goals (Randolph, 2010, p. 550). Long-term outcomes for this population may be reflected as follows: (1) maintained ability to regulate emotions and manage impulses (similar evidence as before), and (2) the ability to function and engage in society, maintain employment, be self-sufficient, and engage in appropriate relationships with partners, friends, and family.

Then describe interventions that would lead to a change in the presenting conditions.

The intervention identified for this population could be a combination of dialectical behavior therapy (DBT) and prolonged exposure (PE). Lang et al. (2018) suggests that DBT’s skills, modalities and commitment strategies make it effective for stabilizing high-risk behaviors and possibly even unstable home environments, addressing generalized difficulties with interpersonal functioning and emotion regulation, but it does not necessarily address trauma. For trauma, this same study suggests utilizing PE as a treatment modality in congruence with DBT. Both DBT and PE have been proven effective in treating adolescents. It has been suggested that the integration of DBT and PE to treat adolescents who have experienced trauma, are presenting with high-risk behaviors, and emotion dysregulation could be of great benefit to this ever growing population (Lang et al., 2018, p. 416). Based on the identified problem(s), needs of the population, underlying factors, and desired outcomes, it seems that this DBT-PE approach could prove useful in providing adequate care to these young girls.

References (Be sure to search for and cite resources that inform your views).

Lang, C. M., Edwards, A. J., Mittler, M. A., & Bonavitacola, L. (2018). Dialectical behavior therapy with prolonged exposure for adolescents: Rationale and review of the research. Cognitive and Behavioral Practice, 25(3), 416–426. https://doi-org.ezp.waldenulibrary.org/10.1016/j.cbpra.2017.12.005

Randolph, K. A. (2010). Logic models. In B. Thyer (Ed.), The handbook of social work research methods (2nd ed., pp. 547-562). Thousand Oaks, CA: Sage.

 
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Strategic Management Essay Questions- Week 5 Assignment 1

Go to Illustration Capsule 9.1 Many of Apple’s Suppliers Flunk the Ethics Test in your textbook. Do Apple’s actions indicate that their position on business ethics is aligned with the principle of ethical universalism?

Here is a link that talks about Apple’s ethics. http://danielsethics.mgt.unm.edu/pdf/Apple%20Case.pdf

2. Go to Illustration Capsule 9.2, Investment Fraud at Bernard L. Madoff Investment Securities and Stanford Financial Group in your textbook. What drivers for unethical behavior are evident in reviewing the actions of Bernard Madoff and the managers of the Stanford Financial Group?

http://www.nytimes.com/2009/02/18/business/18stanford.html?_r=0

http://topics.nytimes.com/top/reference/timestopics/people/m/bernard_l_madoff/index.html

3. Go to Illustration Capsule 9.3, How General Electric’s Top Management Built a Culture That Fuses High Performance with High Integrity in your textbook. In what way do the ethics policies at General Electric recognize and address the possible challenges of maintaining a high standard of ethical behavior?

http://files.gecompany.com/gecom/citizenship/pdfs/TheSpirit&TheLetter.pdf

http://www.geindustrial.cn/PDF/Privacy28sep10.pdf

4. Go to Illustration Capsule 9.4 John Deere’s Approach to Corporate Social Responsibility in your textbook. What socially beneficial activities does John Deere elect to support, and how does this shape its CSR (corporate social responsibility)strategy?

http://www.deere.com/wps/dcom/en_US/corporate/our_company/citizenship/reporting/gri_index.page

http://www.deere.com/en_ASIA/docs/brochure/our_company/news_and_media/pdf/2011_annual_report.pdf

The required minimum number of words for initial postings to each discussion question listed above is 250 words, but the key is to effectively and fully answer each question.

 
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