Main Post: Juvenile delinquency is a problem that affects society as a whole. Understanding Juvenile delinquency is important because it is part of trying to figure out how people in American society should react to it; specifically, in terms of law enforcement officers, their agencies, and State legislators. When deviant behavior becomes "continuous, chronic and widespread it gets perceived as a significant part of the population as threatening to the general well-being of society" (Thompson and Bynum, 2010, p. 44). This is a societal problem that requires attention from various forms of social control. However, a lot of the burden is absorbed by an imperfect Juvenile Justice System. As time has passed, argument has ensued over what should be done with the Juvenile Court System. Should the court system be reformed or simply abolished? Barry C. Feld believes that there are enough factors to support the abolishment of the Juvenile Court System and supports an integrated approach (Hickey, 2010). Others, like Vincent Schiraldi and Jason Ziedenberg, believe that the transfer of kids "into adult court is unnecessary, harmful and racist" (Kelly, 2010, Lecture Unit 3). While reforming the system may seem like the best idea, there are certain factors that inhibit proper changes from being made. Creating a separate court system for juveniles has caused a number of consequences for youth. The original concept behind the juvenile court system was an emphasis on rehabilitation rather than punishment. It was supposed to provide a means of protecting the child from the harshness of the adult court, which emphasized obtaining guilt and punishing the individual (Hickey, 2010). The dichotomies of "treatment-punishment" and "chi... ... middle of paper ... ...with the juvenile justice system that are counter-intuitive to the well-being of children and proper justice. However, it remains to be seen whether the direct separation is involved, or if it is strictly because it is justice pertaining to juveniles. References: Fortas, J. (1967). Opinion of the Court SUPREME COURT OF THE UNITED STATES: 387 U.S. 1 In re Gault. Retrieved August 12, 2010, from Cornell University Law School: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0387_0001_ZO.html Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc. Kelly, C.T., Unit 2: Lecture, University of Everest Online, 25 July 2010. Thompson, W. E. and Bynum J. E. (2010). Juvenile Delinquency: A sociological Approach Eighth Edition. Boston, MA: Pearson Education, Inc.
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
Life is precious and we live it only once, however, what we do with it is to our own discretion. It is a shame that many people at young ages decide to live a life of misdeeds and become what we call juvenile criminals, but, every action has a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice system is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include police, prosecutor, detention, court, probation, and the Department of Juvenile Corrections. However, when young offenders commit a series of crimes, constantly being in trouble with the law, they are waivered into Adult court where they will be subject to any
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
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 juveniles 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 to understand their actions or be provided a second chance.
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.
When juveniles commit crimes, it is critical that society finds a successful way to divert their criminal actions into good behavior. The main purpose of this essay is to find the different outlets the juvenile justice system is using to rehabilitate juveniles, how well those strategies are working, and personal suggestions for improvement that might result in a more effective juvenile justice system.
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
Introduction: Recidivism or, habitual relapses into crime, has time and time again proven to be an issue among delinquents, which thereby increases the overall juvenile prison population. This issue has become more prevalent than what we realize. Unless a unit for measuring a juvenile’s risk of recidivism is enacted and used to determine a system to promote effective prevention, than the juvenile prison population will continue to increase. Our court system should not only focus on punishing the said juvenile but also enforce a program or policy that will allow for prevention of recidivism. So the question remains, how can recidivism in the juvenile prison population be prevented so that it is no longer the central cause for increased juvenile delinquency? Simply put, we must create a means of measuring juvenile’s level of risk and in turn, form an effective rehabilitation program that will decrease their risk level for future recidivism.
Many in the juvenile justice field have tried to understand the cause of juvenile delinquency. There are many different theories describe the cause and effect of variables and how they react. However, through much research, we have concluded there is not just one single path or journey that determines the fate of the juvenile. There are many different risk factors that build in order to increase a youth's chance of becoming an offender. This is kind of like a domino effect. Risk factors are described as the characteristics that present themselves to determine if the individual or youth will become a delinquent. These factors may include; home life, income status, gender, and social. It can either be one or all that play a part in the way the
Juvenile crime is a term around the world that is difficult to pinpoint and although there are several definitions many fail to be concrete. There are many factors that play into sentencing juveniles or minors upon a crime committed. How old are they? Can they mentally form criminal intent? Are they old enough to no longer be treated as children? Some people would argue that a criminal is just that, regardless of age. Research on the other hand shows that juveniles have underdeveloped brains who at times have difficulty rationalizing decisions and weighing out consequences. It is important that these issues are addressed because of the implications this has on not only the juveniles but the community around them. These juveniles have the opportunity to be molded into functioning members of society, yet lack the necessary resources to do so. This occurs due to the negative connotation that comes with juvenile delinquents and their behaviors. Every country has their own ways of dealing with crime, and in particular juvenile delinquency, in this piece there will be an in depth analysis of the United States juvenile justice system and England’s juvenile justice system. Although there are many similarities between both developed countries England’s approach to juvenile justice is more effective long term by its implementation of rehabilitative and restorative programs. In return tackling the problem of high recidivism rates and reintegration into society.
There has been a mass increase of juvenile delinquency in the United States, which has made a notable change in our society as a whole. It also directly affects parents, teachers, families, the perpetrators themselves, and of course, the victims. Law enforcement agencies in the United States have made an estimated 2.11 million arrests of minors. These perpetrators who were arrested have either been placed in confinement or they are under court supervision. Juvenile delinquency is described as illegal or immoral behavior, generally among young people under the legal age of eighteen. In order to reduce these high rates of delinquency, parents, and other adult figures, must first ask themselves, what is causing this? What external and internal
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.