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American Juvenile Justice System
I.History and Background
a.Before the time of juvenile courts, people thought that children under the age of seven were not capable of forming criminal intent. This took the youngest out of the criminal justice system. People also thought that kids ages seven to fourteen were incapable of knowing what the rules or laws are. Children over the age of fourteen were thought to have the ability to process criminal intent. Children that did commit a crime and were over fourteen were tried in court and could be sentenced to any punishment that an adult could have. The child could be sentenced to jail, and would be in it with adults.
b.Parens patriae, a latin phrase that means “parent of the nation”, refers to the power the state has to intervene against an abusive or negligent parent, guardian, or caretaker. It can also act as the parent of any child who is in need of protection. Juvenile delinquency is committing or participating in
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"property crime by juveniles increased 11 percent nationally between 1983 and 1992, [and] violent crime increased by 57 percent" (Patton). Almost 50% of the crimes locally are in school, 21% in high school, 19% in middle school, and 4% in elementary.
III.Criticism (Problems with the system)
a.Some problems with the system would be how some states have the power to lower the age that a juvenile can be tried in an adult court. Another example would be how juveniles imprisoned with adults did not have the opportunity to bail charges by the grand jury. Another example is when the delinquent gets out of jail/juvy, there is a 90% chance they will go back to what they were doing before. That’s why people want to take custody of these children and give them a better future than what the streets have done over time.
IV.Proposed
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
From 1990 to to the present there has been a sharp increase in juvenile crime across the United States. From 1996 to the present there has been a slight decline from the statistics in 1995(OJJDP). What was the cause for this uprise in juvenile delinquincy? I will discuss 2 different theories to why there was such an increase in juvenile crime rates. I will analyze the rise of the "Gangsta-Rap" culture in the early 1990's and how it may have affected teenagers that are in lower-income families. Many people believe that the increase in real life violence on television is a cause for violence in juveniles. I will discuss the evidence for this theory. It seems to me that the best theory to explain the rise in juvenile crime is the social constructionist theory. Different sub-cultures of teens have higher crime rates than others because of their interests, whether it be the music that they listen to or the types of television programs that they watched as child.
In the United States, many states have similar juvenile systems that stem from the juvenile system that were established in 1899. Before the establishment of these formal juvenile system structures, there was a widespread dissatisfaction of how to deal with young criminals. The states wanted a more effective and humane way of dealing with these young people, but also wanted to isolate them from adult criminals. For example, Pennsylvania, divided law-breakers into two categories infants and adults. The category or infancy covered those fourteen and under. They believe that children under the age of seven were incapable of committing a crime. Now, those between seven and fourteen fell in both the infant and adult categories. If the prosecutor could present
What is important to understand in terms at the difference between the juvenile and adult system is that there is a level of dependency that is created tween the two and the juvenile system focuses on how to help rather than in prison individuals at such a young age. However, it usually depends on the type of crimes that have been committed and what those crimes me for the families and how they impact of the greater society. The adult system distinguishes between dependence and delinquency mainly because there was a psychological transition that occurs with juveniles that is not always a predictor of a cyclical life of crime. However, if an adult is committed to the justice system there can be a dependency of delinquency and a cycle of crime that is more likely to be sustained at that age and level of cognitive ability then in comparison to a juvenile. The reasoning behind this is important is that is focused on maintaining a level of attention to the needs and capacity abilities of individuals living and working in different types of societies (Zinn et al.,
Legal procedures and laws that relate to juvenile offenders go back thousands of years when children disobeyed their parents, and sons would curse their fathers. The Roman civil law and canon law 2,000 years ago distinguished juveniles and adults based upon the idea of “age of responsibility”. The Moslem law also believed in leniency in punishing youthful offenders and children under the age of 17 be exempt from the death penalty. Roman law children under the age of 7 were classified as infants and were not held criminally responsible. If the youth were approaching the age of puberty and knew the difference between right and wrong, at that time, they would they be held accountable for the crimes they committed. In the 15-Century, England created a petition to those in need of aid or intervention, generally for women and children who were in need of assistance because of divorce, death of a spouse, or abandonment. The king could exercise the right of parens patriae, which became a basis for the juvenile court in America and was a doctrine that gave the courts authority over juveniles that were in need of guidance and protection, and would allow the state to act in loco parentis (in place of the parents) and to provide guidance and make decisions concerning the best interest of the child. Another pivotal point in the development of the juvenile justice system in America was what became known as the “child-saving movement”. T...
Aftercare programs are used often with juveniles in hopes of preventing recidivism. Recidivism is of high concern to the criminal justice system in that the safety of the public depends on low recidivism rates. Juvenile Incarceration facilities have programs set up, such as education and pro-social behavior classes, to promote bettering the juvenile’s life. However, research has shown that the progress made while incarcerated slowly declines upon release. This is testimony to the importance of aftercare programs in preventing recidivism.
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 Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
“Our youths now love luxury, they have bad manners, they have disrespect for authority, disrespect for older people…” Ancient Greek philosopher Socrates acknowledges the escalation of delinquency among youth in the early age’s .The rise of young offenders furthers the Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents. Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
Harassment, reckless endangerment, and burglary are all juvenile offenses. These juvenile offenses almost always stay on the juvenile’s criminal record, and the offenses displayed on a juvenile’s criminal record may cause employers, educators, and other authority figures to think less of the juvenile offender. As a viewer can see, this one mistake or lapse in judgment can ruin the juvenile offenders chance to further their success in life. For example, juvenile offenders may not obtain the dream job that they have always wanted, get into the college that they have always wanted to, or be eligible for a scholarship whether athletic or academic. However, there is a loophole in the juvenile justice system called teen courts. Teen courts give first-time offenders and some re-offenders a second chance because the offense (s) do not go on their criminal record, and their peers get to decide what sanctions the juvenile offender receives or performs. The big question that I am going to discuss throughout this essay is do juvenile offenders who appear before teen courts recidivate?
This term paper will examine the history of the Juvenile Justice System and the different types of correctional facilities.
The Criminal Law state at the age of 7, any young child that are engaged in a criminal behavior can be prosecuted in the Family Court of Law. Additionally, juveniles can also be arrested for curfews violations, refusal to obey parents, running away, skipping school, and underage alcohol consumption. The Office of Juvenile Justice and Delinquency Prevention reports that roughly half of all youth arrested are charged with theft, simple assaults, drug abuse, disorderly conduct, and curfew violations. OJJDP statistics confirms that theft is the greatest cause of youth arrests. (Martin, 2011) When they are prosecute and after the judge made there verdict, they become Juvenile Delinquent. A Juvenile Delinquent is a youth between the age of 7 and 18 who commits the act of a crime. The law also follows a specific term placement, which is:
Treating juveniles as a separate class in the criminal justice system did not exist until the late nineteenth century. Juveniles were grouped with all other violators of law within the nation’s courts. Along with rapid industrialization, urbanization, immigration, and social change that shocked our society came the necessary reforms to the criminal law system that saw things like probation, parole, undetermined sentences, and most importantly for the subject at hand, the juvenile court system. Recognizing the need for different type of solution, states began to adopt “open-ended, ...
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.