A Critical Look in Current Events Facing Juveniles in the Juvenile Justice System
analytical Essay
1801 words
A Critical Look in Current Events Facing Juveniles in the Juvenile justice system The juvenile justice system was founded on the belief that juveniles should be rehabilitated from committing crime. It was the belief of the government that juveniles do not posses the cognitive reasoning of adults, therefore should not be punished as adults. The juvenile court was formed in 1899 with the belief that the government needs to play a more active role in the rehabilitation of juveniles. This belief held strong up until the 1980's when President Ronald Reagan took office. The beliefs in juvenile rehabilitation were fading and an alternative was rapidly being put into motion, juvenile incarceration. Juveniles being incarcerated was not new to the juvenile justice system at this time, but what was new was the faith that incarceration in itself a good way solving the rising rates of crime. The Reagan legacy opened up the doors to drastic change in the juvenile justice system, such as: more adult like treatment of juveniles, making them more responsible/culpable for their actions, more frequent detentions handed out, seeing juveniles in adult court, and even the death penalty for juveniles. The new direction the juvenile court was taking is what shaped the issues and controversies we see in our juvenile court system today. The main controversy with the juvenile justice system today is the new belief in the rise in the adult like punishment to being applied to juvenile offenders. This new reform has brought adult like approaches to juvenile court such as, mandatory minimum sentencing, juvenile's cognitive capacity, do juveniles belong in adult court and adult prisons, and the death penalty for juveniles. A main controversy ... ... middle of paper ... ..."2"> Greg Sukiennik, The America's Intelligence Wire. Financial Times, March 14, 2005 COPYRIGHT 2005 Financial Times Information Ltd. 3) Claudia Wallis With reporting by Eric Ferkenhoff/ Chicago; Wendy Grossman/Houston; Stacy J. Willis/Las Vegas, Too Young to Die: The Supreme Court nixes the juvenile death penalty. What that says about the Justices' thinking--and ours. Time, March 14, 2005 v165 i11 p40. COPYRIGHT 2005 Time, Inc. 4) Peggy Walker, Judge, Juvenile Court of Douglas County, SB440 and the Need to Reform Georgia's Practice Of Sending Youth to the Adult Criminal Justice System: Testimony of Judge Peggy Walker to the Senate Study Committee on Youth and Crime. June 1, 2004 http://www.buildingblocksforyouth.org/statebystate/sb440_policybrief.html
In this essay, the author
- Explains that the juvenile justice system was founded on the belief that juveniles should be rehabilitated from committing crime.
- Argues that juvenile justice is based on the cognitive capacity of juveniles at certain ages.
- Explains that the supreme court rejected a 14-year-old's bid to offer expert testimony about his inability to understand his miranda rights when he confessed to killing the robbery victim.
- Explains dr. thomas j. grisso developed a protocol for clinicians to use in evaluating juvenile offenders' competence in the adult criminal justice system.
- Explains that griffin is serving 40 years imprisonment, suspended after 30 years, with five years probation for the 1998 shooting of an 18-year-old robbery victim in a convenience store in new haven.
- Opines that the decision to reject the bid was correct because the juvenile justice system is ineffective as deterring crime.
- Argues that the strict mandatory sentencing for juvenile crimes is founded on the belief that juveniles will know how harsh the juvenile justice system is cracking down on certain crimes.
- Opines that juveniles should have had the rights of adults if they are to be tried as one. juveniles are not adults and to try them as adults is ridiculous.
- Explains that more policies leaning toward incarceration than rehabilitation have led to the increase of prisons being built.
- Analyzes how the course entrepreneurial corrections: incarceration as a business opportunity brings to light the lucrative business of prisons.
- Explains that the prison industry is a "billion" dollar industry. pelican bay state prison is cresent city and del norte county's largest employer.
- Explains that prisons were created to punish the criminal law breakers and rehabilitation was the goal. the media plays a major role in portraying crime as rising when in reality the crime rates are going lower and lower.
- Explains that the most extensive research on transfer of youth to the adult criminal justice system has shown that children are more likely to re-offend when they are tried and incarcerated.
- Opines that the u.s. supreme court ruled recently that it was cruel and unusual to sentence anyone to death for crimes committed before the age of 18.
- Opines that with the supreme court decision being so close, the juvenile justice system is always going to have its controversies.
- Cites lisa siegel, law tribune staff writer, juvenile justice reforms aim high, and greg sukiennik, the america's intelligence wire.
- Analyzes how the supreme court nixes the juvenile death penalty and the need to reform georgia's practice of sending youth to the adult criminal justice system.
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- America's Juvenile Justice Systemanalytical essayThe 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.
In this essay, the author
- Explains that the juvenile justice system, since its conception over a century ago, has been one at conflict with itself.
- Opines that our modern approach is ill-equipped to reduce crime or deal with chronic delinquents while at the same time protecting their due liberties.
- Analyzes the different theoretical issues pertaining to the modern juvenile court, determines their origin, and suggests a course of action for resolving these issues.
- Explains that colonial american children were perceived to be small adults, able to interact with grown-ups and participate in mature society. they were placed in the homes of others or, as technology enabled the industrial revolution, in factories and other locations of modern industry.
- Analyzes how the 'child saving' movement worked to segregate children from society both directly and indirectly based on middle class, protestant, white, rural idealists who viewed childhood as a stage of moral immaturity and impressionability.
- Analyzes how the progressives formed the first juvenile court in chicago in 1899, creating a formal age-based distinction between juvenile and adult offenders and their institutional separation.
- Explains that the progressives' concept, known as parens patriae, gave the court broad authority to substitute its own control over children for that of the natural parents when the latter appeared unable or unwilling to meet their responsibilities.
- Explains that hearings were closed and juvenile records were sealed. euphemisms are used for every step of the process, such as juvenile offenders being referred to as 'delinquents'
- Explains that early juvenile court, by its very nature, was a highly informal system of paternal justice. due process was unnecessary because the interests of the child and the judge were seen as mutual.
- Explains that a lack of due process made some punishments wildly inappropriate. in re gault, the supreme court mandated that all juveniles have the right to most forms
- Analyzes how gault, along with a series of related decisions, formed the warren court revolution that afforded numerous protections and forms of due process to juveniles.
- Analyzes humes' book on the need for an adversarial system. both the defense and the prosecution are obliged to take extreme positions.
- Analyzes how judge dorn is presented with a kid who hit the school bully over the head for tormenting him repeatedly. the child's public defender refuses to let him plead guilty.
- Analyzes how the situation is exacerbated when lawyers are lazy or incompetent or the juvenile decides to waive counsel altogether — something that is possible even without parental consent.
- Explains that in mckeiver v. pennsylvania, the rehabilitative nature of courts allowed this portion of a juvenile's due process to be waived because children were not subject to punishment for their offenses but rather treatment.
- Analyzes how judges, as feld demonstrates, are more likely to find suspects guilty, whereas substantive criminal guilt represents a complex social assessment of moral culpability and legal guilt.
- Explains that two short years after the creation of the first juvenile court, its jurisdiction was expanded to include youth who were?incorrigible? or growing up in 'idleness.
- Argues that allowing for status offense statutes creates numerous problems, including inconsistencies and discrimination.
- Explains that three post-gault reforms changed status offenses in america during the 1970?s. diversion conserved valuable resources and skirted the due process problem by allowing nuisance cases to be handled informally through alternative means.
- Analyzes how judge dorn terrorizes the public defender's office by opening his court to parents of status offender youth. he calls these meetings the juvenile system?s best chance to help families.
- Analyzes how the court operated on a pretense of rehabilitation that rationalized its lack of due process in the gault decision.
- Explains that many states have changed their juvenile codes' statement of legislative purpose from suggestions of rehabilitation to those of accountability and punishment. this overt change stems from a complex?get tough? social movement that has been at work since the 1980s.
- Explains that in order to mollify public fears of older, dangerous juveniles, policy makers brought retributive, adult punishment into the purview of the juvenile court. mandatory sentencing laws are one such manifestation.
- Opines that stricter sentencing guidelines lead to racial and class-based discrimination. rehabilitation is difficult without considering the structural condition of a juvenile's situation.
- Explains that juvenile justice waiver laws were changed to decrease judges' discretion and pull more youth into the adult criminal system based on retribution and tough sentencing.
- Analyzes humes' case of john sloan before judge dorn, where a good middle-class kid with no prior criminal record is caught in an inept attempt to rob the man at gunpoint
- Analyzes how george trevino, abandoned at age six by his parents, commits crime after crime without serious punishment until he is caught in a botched home robbery attempt where the only person hurt is an accomplice.
- Argues that stopping juvenile crime early through preventative programming is important when reforming the juvenile justice system.
- Proposes that individual communities develop concise statutes to identify chronic truancy or curfew violators as?at-risk? youth.
- Opines that if a judge determines youth to be at-risk, he could place them into programs similar to the children at risk program to encourage school attendance, provide familial crisis relief and other services.
- Argues that the approach based on objective measurements related to the risk youth pose to a community would pass the strict scrutiny found in other areas such as curfew regulations.
- Analyzes hirschi and gottfredson's ridiculous assertion that if people can be excused from the penalties of the law because they have low self-control, we would be forced by the same logic to excuse adult offenders.
- Suggests that the focus should shift from rehabilitation and preventative programming to deterrence and retribution after growing up as a chronic offender.
- Analyzes dawson's argument that a wholesale merger of the adult and juvenile systems would result in net decrease in the resources now devoted to the two systems combined.
- Opines that removing older youth from the system would further concentrate our thin resources and focus them on those who may still be malleable to reformation.
- Argues that if only 1% of older offenders are waived, this problem will be mitigated.
- Argues that drawing one line is the only way to avoid the problems associated with waiver laws that provide too much discretion that lends itself to discrimination and to provide consistency.
3741 wordsRead More - The Pros And Cons Of The Criminal Justice Systemanalytical essayDuring one of our class sessions we discussed the different areas within the criminal justice system. The topic of courts and sentencing specifically of juveniles was mentioned. As we get to know the inside students we learn some of their backstory of how they ended up at Joseph Harp Correctional Facility, many of them had their first contact with the criminal justice system as a juvenile. Several of the inside students expressed animosity toward the courts when it came to sentencing of juveniles. They thought that some of the ways juveniles are sentenced is too harsh.
In this essay, the author
- Analyzes how inside students expressed animosity toward the courts when it came to sentencing of juveniles.
- Explains that many states have similar juvenile systems that stem from the juvenile system established in 1899. the states wanted a more effective and humane way of dealing with young criminals.
- Explains that the united states is the only place where life without parole exists for juveniles. according to austin and irwin (2011), at least 1,755 people are serving sentences for crimes committed when they were legally classified.
- Explains that pennsylvania has the once an adult always an adult rule, which means that once a juvenile has been processed in the adult court, their future hearings and sentencing will always be in an adult
- Explains that the u.s. supreme court decided that life without parole for juveniles could not be applied in cases of homicide. graham v. florida ruled that young people must be given some "meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation."
- Explains that one of the inside students was passionate about this topic because he has personally experienced being a juvenile sentenced to life without parole.
709 wordsRead More - History of the Juvenile Justice Systemanalytical essayThis 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.
In this essay, the author
- Explains the history of the juvenile justice system and how it has come to be what it is today.
- Analyzes how the progressives pushed for universal reform in the criminal justice system. they viewed juvenile offenders as adolescents in need of care and direction, not punishment.
- Explains the rise of parens patriae, which said that the state had an assenting duty to get involved and care for the less fortunate kids. juvenile hearings were held in private and the juvenile's records were sealed to avoid the disgrace of a criminal conviction
- Explains that houses of refuge are charitable institutions that provide refuge and shelter to the homeless, impoverished, and delinquent children.
- Explains that early reforms to the justice system were made because society had a liability to recuperate the lives of its youthful offenders before they became immersed in the criminal doings.
- Explains how the 16th century educational reform movement in england inspired the movement for the juvenile justice system reforms.
- Explains that juvenile courts have original power over all criminal acts done by juveniles. there are three plausible methods of taking a juvenile affair to criminal court, which can occur only when authorized or mandated by statute.
- Explains that the public's view of youth hostility has led to extensive support for the dismantling of the juvenile court system and the execution of tougher crime legislation.
- Explains that juvenile courts process over one million delinquency and status offense cases yearly. juvenile courts adjudicate these cases and might order probation or housing placement.
- Explains that the rehabilitative form of juvenile justice was popular during the first half of the twentieth century, but it unraveled in the 1960s.
- Analyzes how conventional politicians questioned the juvenile justice system and showed elevated recidivism rates as proof that treatment and rehab was not a success.
- Explains that as adolescent crime rates, predominantly homicide, rose, politicians around the nation hurried to pass strong policies through various governmental strategies.
- Concludes that the criminal justice system and juvenile justice have completely changed over the last few hundred years.
- Cites cannon, a., and beiser, v. (2004). juvenile injustice.
- Explains greene, sprott, madon, n. s., & jung, m. punishing processes in youth court.
- Analyzes how procedural justice, court atmosphere, and youths' views on the legitimacy of the justice system are discussed in canadian journal of criminology & criminal justice.
- Analyzes klein, eric k., "dennis the menace or billy the kid: an analysis of the role of transfer."
- Cites myers, j. b., a short history of child protection in america, family law quarterly.
2654 wordsRead More - Juvenile Justice Systemargumentative essayThis paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
In this essay, the author
- Describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system.
- Explains that the late eighteenth and early nineteenth century created a difference in the way delinquents were handled.
- Explains that the early reforms contributed to the juvenile justice system as it is today. the juvenile justice and delinquency prevention act was amended to state that for weapon violations and crimes that involved violence, juveniles were tried as adults.
- Explains that the current juvenile courts divert from the historical idea of the first juvenile court, which was to treat the child offender as one who needed rehabilitation. stier (2009) of america accused two judges of receiving 2.6 million dollars in exchange for sending juvenile offenders to detention centers owned by private individuals.
- Argues that courts should try as much as possible to reduce the number of juvenile offenders who are moved to the criminal justice system.
- Concludes that developing countries do not have a specific juvenile system. however, juvenile courts have been accepted wholly in the criminal justice system thanks to legislation and movements.
- Cites einstein law (2008), lawyershop.com, and hill, d.e., (2008). juvenile justice.
567 wordsRead More - Juvenile Justice: Age and Judicial Culpabilityanalytical essayThis paper will first define culpability, explore its various levels and examine how it is used during sentencing. Next, this paper will examine literature that supports the belief that age is not the key factor in determining culpability and should not be used to determine guilt or innocence during trial. Finally, this paper will suggest that trying juveniles as adults and remanding them into adult facilities is ineffective at decreasing juvenile crime rates. These issues will be reviewed to determine if physical (chronological) age is a justifiable cause to lessen culpability or an excuse used to mask the ineffective research efforts of lawmakers.
In this essay, the author
- Explains that the paper will define culpability, explore its various levels, and examine how it is used during sentencing.
- Explains that culpability is used by judicial officials to describe the level of responsibility each person has for a crime.
- Explains that judicial culpability is a vital part of many legal arguments and sentencing decisions.
- Analyzes how legal officials used knowing and doing to strengthen their cases for and against accused juveniles and mentally ill adult offenders.
- Explains that a person was considered negligent if he or she allowed the situation to take place that had an increased chance of resulting in criminal act siegel et al (2008).
- Cites blackstone, sharswood, and field's commentaries on the laws of england.
- Describes brink, d, burke, m, and corriero's contributions to the juvenile justice system.
- Analyzes elrod, p & ryde, s juvenile justice: a social, historical, and legal perspective.
- Cites gainsborough, young, and harris.
- States that hile, k. (2003) trial of juveniles as adults 6th ed. wadsworth press pg. 235-237.
- Cites mercie, c. a., and montmarquet, j. on culpable ignorance and excuses philosophical studies.
- Cites staniels, j., & scott, e. (2003), less guilty by reason of adolescence: developmental immaturity, diminished responsibility, and the juvenile death penalty.
1537 wordsRead More - No Matter How Loud I Shoutanalytical essayThis 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.
In this essay, the author
- Analyzes how edward humes' no matter how loud i shout takes an in-depth look at the juvenile court system in california in the 1990s.
- Opines that judge roosevelt dorn is the beacon of hope the juvenile court has. he is known for harsh sentences and often trying children in the adult courts.
- Analyzes how juveniles feel that they are a product of the states neglecting. many, such as george trevino, were forced to turn to street gangs for community.
- Analyzes how children like george trevino get stuck in the vicious cycle of poverty, violence, and crime. they turn towards their gangs, the only real ‘family’ they have ever known.
- Analyzes how the case of george trevino was an exceptional one in which his real family was no longer in the picture. his brother proved to be the worst type of influence, getting him into trouble by running away and joining gangs.
- Argues that juveniles in adult courts are forced to accept a punishment that does not allow for the nurturing and growth that they need.
- Analyzes how andre's case shows how much of a difference learning how to care about life again can truly make.
- Opines that sister janet, a worker in the juvenile hall, can see this best. she works with the kids daily writing personal short stories and poems.
- Analyzes how society has given up on juveniles and the whole system in general. even joseph gutierrez can see how dysfunctional the system is.
- Opines that this attitude makes most cases fail and sends kids back onto the streets to commit more time. their presence in court can make all the difference and get the juvenile the help and discipline that they require to become functioning adults in american society.
- Opines that peggy beckstrand is fighting her hardest to get these children in the system that they deserve. a 16-year-old who commits murder and takes another's life deserves adult punishment.
- Explains that gerry gault's case changed the court system forever. the supreme court heard the case and created the juvenile justice system. california experienced a boom in juvenile crime rates.
- Explains the changes that took place due to the gault case, such as that evidence was "obtained under dubious circumstances" was to be inadmissible in courts, and acts addressing the rights of juveniles.
- Analyzes how edward humes researched the juvenile court system in california in the 1990s. the juvenile system was dysfunctional, and the state was covering its problems with bandages instead of healing the root of the problem.
- Quotes edward humes to summarise how the fundamental question that juvenile court was designed to ask 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.
1530 wordsRead More - Juveniles In Prisonopinion essayIn 2013, there were over 14,000 known murder offenders in the US. Less than four percent of them were under eighteen. Yet, the US is one of only two countries in the world that sentence juveniles to life without parole. According to Adam Serwer, “The practice of tossing juveniles in prison for life without the possibility of parole began during America’s great crime panic. The result is a gruesome footnote to the story of America’s love affair with mass incarceration: an estimated 2,570 juveniles serving life without parole in a nation that already imprisons more of its population than any other country” (The Daily Beast). It is still an ongoing debate whether or not minors should be sentenced to life in prison for murder. However, evidence
In this essay, the author
- Opines that the us is one of only two countries in the world that sentence juveniles to life without parole.
- Explains that the teenage brain is not fully developed until their late 20s and is vulnerable to influences such as peer pressure and their environment.
- Opines that poor circumstances and environmental influences can drive a minor to commit murder.
- Explains that juvenile offenders have large potentials for rehabilitation, such as charles dutton, who was sentenced to prison for murder when he was 17.
- Opines that minors should not be sent to jail for murder because they are not fully mature, have personal difficulties, and are capable of rehabilitation.
901 wordsRead More - The Major Problems In The Juvenile Justice Systemopinion essayThere are many different problems that plague the prison system today. The biggest issue today is overcrowding. This is a major problem that is effecting every prison system throughout the country. There are many people that say that the judges are the biggest reason for this. However, if people would not commit crimes, then the judges would not have as many people that need to be punished, and that would mean that there will be less people going to prison, and more people that are better citizens by staying out of trouble. If we could all learn to stay out of trouble, then the prison system, the judges, the law enforcement officers, the courts, and all the rest of the divisions inside the justice branch, will have less work to do, and will have less people that are needing to be punished. At the same time, the law makers need to figure out some way to make the punishments for the crimes different so that we can keep people from being repeat offenders. The people that are the issue here are those that are repeat offenders. What this means is that people that are getting out of prison have not
In this essay, the author
- Argues that overcrowding is a major problem that affects every prison system across the country. if people don't commit crimes, the judges will have less work to do and less people needing to be punished.
- Opines that homeland security is the best example of being able to review and repair their action reports, but they are still falling behind criminals that are invading our country.
- Opines that inmates should work hard for what they want and need in the real world.
- Opines that the justice department is outdated and needs to be changed to keep up with the times. the government is slow in accepting change, which is a problem with many different areas.
1364 wordsRead More - Age Ain’t Nothing But a Numberanalytical essayDuring the late eighteen-hundreds, the U.S. added a branch of law that specifically focused on juveniles. The location of the nation’s first juvenile court for children under the age of 16 opened in 1899 in Chicago, Illinois. The purpose of the juvenile court was to rehabilitate criminals instead of prosecuting them as adults. The social reformers that propos...
In this essay, the author
- Argues that the court system of the united states should replace the method of using the chronological age of a minor to their mental age when determining charges against an individual.
- Argues that dunlap had advanced frontal cortex activity than the average 17-year-old because he had the mental age of an adult to understand his actions.
- Opines that a boy caught in a legal travesty. the los angeles times.
- Describes hansen, brian, "kids in prison". the cq researcher.
- Explains that in the late 18th century, the u.s. added a branch of law that specifically focused on juveniles. the supreme court ruled that all courts must change their main interest from helping juvenile offenders to protecting the accusers.
- Argues that the increase in violent juvenile crimes peaked in 1994 and the crime rate reached its lowest level in ten years in 1997.
- Opines that a nationwide law of using the mental age of minors instead of their chronological age is needed to help the next generation and not hold them back.
2909 wordsRead More - Case Study Of The Juvenile Justice Systemexplanatory essayOnce the petition is requested, the judge or judicial arbiter must decide whether the juvenile will be tried before a juvenile court or if he will be submitted to a transfer hearing or a waiver of jurisdiction in order to establish whether the case should be dealt with in the adult criminal justice system.
In this essay, the author
- Explains that once the petition is requested, the judge or judicial arbiter must decide whether the juvenile will be tried before a juvenile court.
- Explains that when juvenile court authorities decide to transfer a minor to an adult court, they generally discuss the following criteria set forth by the united states supreme court in the kent case against the us.
- Describes the factors that determine whether a minor was tried by the adult judicial system. if the offense was committed against property, the minor would be tried when the victim suffered physical injury.
- Describes the degree of maturity and personality traits of the persons who allegedly committed the crime with the child.
- Explains the "guilty plea" consists of the defendant pleading guilty in return for a lighter sentence.
384 wordsRead More