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”.
Through the establishment of Juvenile Courts which were criminal courts in terms of the procedures and giving them jurisdiction over the care and protection issues. The Juvenile Courts became the family law courts which dispensed family justice. The courts and the state can intervene for the first time in working-class family life when children are seen to be immoral, conditions which were regarded as neglect included: truancy, begging, being beyond control etc... Molony Committee The Mol... ... middle of paper ... ...llows the authorities to tackle their delinquent behaviour but to also seek to reform their personality and way of life inside an institutionalized setting in which thorough discipline was imposed and which then imitated the harsh conditions of industrial employment. Works Cited Brown, S. (2005) Understanding Youth and Crime: Listening to Youth. England: Open University Press Hendrick, H. (2006) ‘Histories of Youth Crime and Justice’, In B. Goldson and J. Muncie (eds) Youth Crime and Justice.
Prior to the establishment of the modern juvenile justice system, children could be made to stand trial in criminal court for crimes committed, and if found culpable, they could be sentenced as an adult would be sentenced for similar crimes, with sentences resulting in prison time or even death. The juvenile justice system was developed in a large part due to the developing belief that youth offenders were incapable of criminal intent and should not be held to the same criminal standard adult offenders are. Therefore, it was considered appropriate to exempt juvenile offenders that were considered incapable of intent to commit a criminal act from prosecution and punishment. “Parens patriae” is the responsibility of the state to institute control over children when the child has posed a problem for the community due to criminal behavior, or when the natural parents of the children were either unable or not willing to meet their parental responsibilities. The juvenile justice reform movement began in this country according to this “parens patrie” line of thinking about the states role in the development of a child.
If procedures are not followed at the time of arrest, the case could potentially bring legal actions against law enforcement and juvenile court officials. Law enforcement officials may use discretion upon arrest of those offenders who commit serious crimes and can also ignore many lesser offenses committed by juveniles. As noted by Bartollas and Miller, “After adjudication, a youth is place in juvenile detention or moved out of detention and into probation, residential placement, or the adult system, and then released” (2008, P. 18). Other options exist in determining what to do with the juvenile, but in more serious cases, t... ... middle of paper ... ...urther actions by the judge. Additional protections afforded to the juvenile emphasize procedures that must be granted in court.
I. Summarize each of the theories posited in this chapter. In the early days of Juvenile justice a theory of criminology was developed to explain crime and why it was committed. The Classic School of Criminology developed after Cesare Bonesana Beccaria published an essay titled “On Crime and Punishment” and was followed by Jeremy Bentham’s “An Introduction to the Principles of Morals and Legislation” (Bartollas, 2014, p.51) The general idea of this school of thought is that human have the ability to make the right choice, if not we will be punished. The theory is that if juveniles know the consequences, they would choose not to commit a crime. If juveniles continue to commit crimes, then they needed to be punished not receive treatment.
The risk agenda shall also be explored which is a risk m... ... middle of paper ... ...(Maguire, 2002). To conclude, I think that parents can be held responsible for the anti-social and criminal behaviour of their children to a certain degree but it must be remembered that children have their own minds once they have learnt right from wrong. I have looked at many theories including control theory and attachment theory and views from Carpenter and McCord as well as others. Bibliography Internet University of California (2004) The Development of Informal Reformatory Sentences for Juvenile Offenders in the Late Eighteenth and Early Nineteenth Centuries http://www.law.berkeley.edu/institutes/csls/King%20paper.pdf Books Clutterbuck, R (1998) Families, Drugs and Crime. London: Macmillan Press Ltd Maguire, Muncie & Reiner (2002) The Oxford Handbook of Criminology.
. juvenile delinquency. In this report I will: define juvenile delinquency, give the extent of juvenile delinquency, give some suggestions on what causes juvenile delinquency, and what is being done in various communities to deal with this growing problem. The legal term juvenile delinquent was established so that young lawbreakers could avoid the disgrace of being classified in legal records as criminals. Juvenile delinquency laws were designed to provide treatment, rather than punishment, for juvenile offenders.
It’s about holding them accountable for their actions by placing them in adult jails to set an example for others, a deterrence. The problem lies in ignoring the general separation the law has in housing juveniles and adult offenders separately. Juveniles should be tried and sentenced separately because their cognitive learning and correctable behavior will be different than that of an adult. According to the Texas Law Review (2004), “Juvenile courts recognize two main kinds of juvenile offenses. Juvenile crime is simply criminal activity committed by a juvenile.
Lastly, there is the falsely accused, who do not commit unlawful acts but labeled unlawful. The theorists explanations for why juveniles receive a label, calls for a structural approach to rehabilitating juvenile offenders so that the labeling effect does not cause them to commit deviant behavior. According to NCJRS, “The President 's Commission on Law Enforcement and the Administration of Justice report (1967) called for the creation of youth services bureaus to develop alternative programs for juvenile offenders within local communities. The establishment of these bureaus, which quickly appeared in most communities, began a movement toward diverting youth, especially status offenders and nonserious delinquents, from the juvenile court” (ncjrs.gov). The purpose of diversion is not to take away the discretion or power of the court but to use the power of the court to facilitate treatment (NCBI).