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Females and the juvenile justice system
Today's juvenile justice system
Today's juvenile justice system
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The juvenile justice system is an area of criminal law when a person commits a criminal act, but is not old enough to be held fully responsible for their actions. When one thinks about the juvenile justice system, the first thought is a young boy either behind bars or standing in front of a judge. Very few people would associate the juvenile justice system with girls. It is from this association that I would like to bring an awareness to others. It is a known fact that both boys and girls can go to the juvenile justice system when they commit a crime, but it is not a known fact how both genders are treated while in the system. Within the juvenile justice system, there are clear differences in how girls and boys are treated. These differences …show more content…
This topic is not something that is widely known, as boys make up the majority of juvenile delinquents. My views of the treatment between genders in the system is neither for the difference in treatment nor against them. I do believe that the system needs to do a better job at addressing some issues regarding the difference of gender. The system should focus on equality for all when it comes to resources, sentencing, and treatment. As of right now, I do not believe that the system is fair when serving justice. If it is possible for a girl to get off on a lighter sentence than a boy for the same crime, I believe that there is a bias or stigma against one gender over the other. Although studies on the topic of gender difference and their sentencing is mixed, a majority of the studies have reported females to be treated more leniently at intake than males (Leiber & Peck, 2012). This finding has been explained by beliefs that decision makers treat females more leniently because they have been socialized to protect females, or they have stereotypical beliefs or perceptions that females do not engage in criminal behavior (e.g., Bishop & Frazier, 1992; Leiber, …show more content…
The chart shows crime arrest rates per 100,000 for persons between the ages of 10-17. The juvenile arrest rate for all crimes decreased substantially for both males and females since the peak in 1996 when males were at 12,687 and females, 4,029, a difference of 8,658. The most recent results are from 2016 when rates were at their lowest level for both genders since 1980, with males at 3,523 and females at 1,543, a difference of 9,164 for boys and 2,486 for girls from their peaks (USDOJ, 2016). What I got from these charts was how both genders have declined in recent years, but females rates have gone down less than the rates for boys. I’d say my stance on this matter is that I do not believe both genders are treated fairly within the system. Within the system, there is a possibility to detain a 15 year old boy longer than a 15 year old girl even if they have committed the same crime or are first offenders. This does not define justice. It is showing a bias towards one gender as it is implying that boys are more destructive than girls which in reality is not true. This is also apparent in research conducted by Leiber & Peck (2012) as one of their hypothesis from their study was that juvenile females will be less likely to receive a more severe outcome at judicial disposition once legal considerations were taken into account than their male peers. This comes from a
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
Hessick, C. (2010). Race and Gender as Explicit Sentencing Factors. Journal Of Gender, Race &
The Sentencing Project: Research and Advocacy for Reform. (2007) Women in the Criminal Justice System: Briefing Sheets.
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
Females are increasingly becoming more active in the juvenile justice system and this is said to be happening at alarming rates. It is important to learn more about why and how girls commit crimes so that we may also attempt intervention in an effective manner to prevent potential offenders and rehabilitate the girls who have already committed offenses. The Office of Juvenile Justice and Delinquency Prevention has produced a report that includes a review of how these girls are getting into these situations, how states are dealing with this population of offenders, the national efforts that have taken place to attempt to address the needs of the adolescent female offender including training for individuals who work with these females and a female-based continuum of care model that’s use is recommended in the development of any female program development. This population of offenders requires not special treatment but different treatment than the typical juvenile offender which has been up until recently mostly all male.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
There are far more males serving for statutory rape within prisons than females. There are hardly any females reported being charged with statutory rape or being sued for the same crime. The law does state that males and females have the same punishment for statutory rape (Christopher, 2012). However, in many cases young boys do not report the crime because they look at it as an act of becoming a man to have sexual relations with not only young girls but older women as well. There are several cases in which young boys are charged with the crime of statutory rape even when all parties are involved and gave their consent. For example in one case, a fourteen year old boy was charged with statutory rape for being involved in sexual activities with three girls who were younger than the boy, two of th...
Men represent eight hundred ninety-six out of every one hundred thousand prison inmates, while women represent only fifty-six out of one hundred thousand. The rates have increased eight hundred percent since the war on drugs was initiated. Even among women prisoners, racial disparities are glaring. Hispanic and African American women have astronomically higher chances of incarceration than white women. Women are also more likely to be arrested for drug and economic crimes, such as possession or embezzlement (McGrath, 10/29). According to the chivalry hypothesis, the low rates of prosecuted female offenders reflect the leniency with which law enforcement treats women offenders (McGrath, 10/29). Gender differences in aggression and empathy play into the public perception of the ideal offender, and women do not fit the profile. Rather than applying the law equally across genders, police buy into the socially constructed view of women: meek, gentle, caring, empathic, and definitely not capable of cruel criminality (McGrath,
The criminal justice system is defined as the system of law that is used for apprehending, prosecuting, defending, and even sentencing people who are guilty of criminal offenses. In many cases, race, class, gender, and even sexuality can impact due process and fairness within the criminal justice system. Sometimes if people don’t think they have a choice to receive justice, they may want to take law into their own hands. Whereas Others will try to get a lawyer so they can take it to court and follow the judicial systems laws to try convict the criminal. In certain situations as a defendant, your race, class, and gender can make a negative impact on the criminal justice response to the crimes. In the movies “Thelma and Louise,” “The Accused,”
In today’s society it is not who or whom it is what. Juvenile offenders are now facing a two court system, not only can they be tried in juvenile court for a crime committed. They are now being charged as adults in adult court. Charging a juvenile as an adult has stirred up ...
Delinquency in and of itself has been observed, studied, sifted, put into one form of statistical data or another and published for years. The question of “should girls’ delinquency be studied separately from boys’ delinquency?” can only be answered with an answer of yes. Data from every aspect of delinquency should be studied whether it be age, race, type of crime, along with gender. Without viewing all aspects of delinquency in regards to gender, any conclusions found would be biased, possibly leading to the enforcement of inappropriate laws and or treatments.
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of