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History & Evolution of the Juvenile Justice System
Essays on the juvenile justice system
American juvenile justice system
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In this modern era, human beings are confronted by a society that has become more mobile, more complex and more dysfunctional. Theft, suicide and murder are common problems usually addressed in the juvenile court system (Bernard, 2012). The causes and conditions of youth delinquency are often obvious: truancy, poverty, gangs and drug abuse are among the leading factors that drive the youth to delinquency. In the quest to provide an effective justice system, the system has to be grounded in the values of fairness, rehabilitation and redemption. As a result, the system should be able to make a clear difference between adults and the youth, and should ensure the proper treatment of youth in regard to their age. This forms the very reason why the juvenile court system was created-because the emotional, developmental and behavioral nature of the youth is different from the adults (Butts, 2002). Unfortunately, the juvenile court system in society has been broken- there is mistreatment of the young people in this system and sadly, not much is being done about it. …show more content…
This paper will focus on the key issues facing the juvenile court system in Hinesville, and suggest ways in which to overcome these challenges to ensure there is no pitfall in the court system for the
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
The modern teen court concept began in the early 1970’s when a small number of local communities in America began to establish the first Global Youth Justice programs (Peterson, p. 2). In 1994 there were 78 youth court programs in existence. As of March, 2010, there are over 1,050 youth court programs in operation in 49 states and the District of Columbia. Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders.
The book, No Matter How Loud I Shout, takes an in-depth look at the juvenile court system in the state of California in the 1990s. Through a colorful narrative story the author, Edward Humes, paints of vivid picture of the how dysfunctional the system truly was. The main focus is on the various ways the system has failed many of the juveniles that it is intended to help. Peggy Beckstrand, the Deputy District Attorney, says it best “The first thing you learn about this place, is that nothing works.” (No Matter How Loud I Shout, 1996, p.31)
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.
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
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
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.
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders.
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, race and socioeconomic standing can determine the quality of treatment one receives while in the criminal justice system. Racial inequality and discrimination seems to be a permanent fixture within the criminal justice system, and the juvenile justice system is no exception when it comes to that form of injustice. As it is depicted in the PBS documentary, a teenage boy named Shawn from a white, upper-middle class family was first arrested after he stabbed his father multiple times while he was sleeping in a brutal murder attempt. Apart from the attempted murder charge, Shawn also racked up a charge of sexual assault against a fellow juvenile hall cellmate and also a drug charge when he got caught smoking pot while he was
This 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.
Juvenile delinquency is a conduct by a juvenile or a person below the legal age that is above parental control thus dealt with by the law. Crime in this case cannot be punishable by death or life imprisonment. There are many cases of juvenile delinquency in recent times that have raised many issues in the United State’s legal systems. There are many ways of explaining juvenile delinquency and crime when it comes to; cause, results, and legal actions pertaining to crimes. Alex Kotlowitz in his book, “There Are No Children Here” focuses on crime and juvenile delinquency through life experiences. This story is about the life of two boys who the author researched for a few years. The two boys were from Chicago, grew up in a poor family, surrounded by poverty, gangs, and violence as do many of us who come from low income, minority filled areas. The two boys unfortunately, sad to say end up in juvenile hall which clearly depicts the whole concept of crime and juvenile delinquency that arises from more issues than simply meets the eye . Issues relating to the social disorganization theory of poverty, disorganization, and low community control. This paper will analyze the story using themes that relate to juvenile delinquency and further discuss causes and ways to control juvenile delinquency
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
The U.S made legal history in 1989 when the world’s first juvenile court opened in Chicago (Rank, J.) Since 1990 many states have also adopted the “get tough” approach to juvenile justice as a response to the increasingly violent crimes committed by children. Juvenile crime escalated to an all time high, and then started to decrease in 1995 when images on television, such as the Springfield, Oregon, rampage of 15-year-old Kip Kinkel who shot both of his parents and then two of his classmates. The impression of citizens in the United States was that juvenile crime is out of control. (Levinson) Now Juveniles are being prosecuted a lot more than adults in adult courts.
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.