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American prison system problems
Juvenile Justice Case Study paper
Juvenile Justice Case Study paper
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The Juvenile Prison System in America
One of the most debated topics in our country is our American prison system, and where juvenile justice fits into the equation. For centuries, philosophers, law makers, court systems, child advocates, and critics have struggled to define justice for juveniles, they are constantly seeking to improve the concept but still have no clear cut or definite answer to justify their punishment. What is justice (punishment) for juvenile who violates the law? How should a just society judge young offenders in America? When is it proper to punish a child as a criminal? What should be the appropriateness of punishing a juvenile should be? In what form should the punishment be? What justifies the practice or punishment
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These legislative changes sparked the rise in youth serving time in adult criminal justice facilities (i.e., jails and prisons) (Davis, A., Gentile, A., & Glesmann, C., 2015). Not only does this dilemma add an extra stress to the operation and staffing of each facilities charged with overseeing these young offenders, but it also directly clashes with the research showing that housing youth in adult correctional facilities is very harmful to the juveniles on several levels such as not being equipped to meet adolescent’s need, does not have age appropriate educational, medical, or rehabilitative services, and are not designed for young people to be incarcerated with adults (Davis, A., Gentile, A., & Glesmann, C., 2015). These conditions subject them to have inappropriate development, and caused them to be physically and emotionally unsafe; these conditions coincide with rehabilitative goals of aiding an offender to be a better person (Davis, A., Gentile, A., & Glesmann, C., 2015). In addition, research shows that juveniles confined in adult facilities are exposed to seasoned offenders and, as compared to youth who are placed in juvenile facilities, are more likely to recidivate with more severe crimes upon release after serving their current sentence (Hahn et al.2007; Redding 2010; Fagan, Kupchik, & Liberman 2007; Johnson, Lanza
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
Studies and anecdotes have shown that our modern approach, however, is ill-equipped to reduce crime or deal with chronic delinquents while at the same time protecting their due liberties. We now stand on the precipice of decision: How can we strike an appropriate balance in the juvenile justice system? Should we even retain a separate system for children at all? The answers are usually difficult, sometimes subtle, but always possible to attain.
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
What is important to understand in terms of the difference between the juvenile and adult system is that there is a level of dependency that is created between 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 mean for the families and how they impact the greater society. The adult system distinguishes between dependence and delinquency mainly because there is 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 than in comparison to a juvenile. The reasoning behind this is important is that it 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., 2017).
The adjustment from incarceration to society causes a series of problems, making rehabilitation difficult. When the juvenile’s leave home to be detained, all ties with society, the support systems they had, the gangs they associated with, school they attending are no longer in close proximity, which is essential for successful rehabilitation (James, Stams, Asscher, Katrien De Roo & van der Laan 2012). Another problem association with the reintegration is that juveniles are in a particularly fragile state in that they are not only transitioning from society to detention, but from adolescence to adulthood, both of which are overwhelming adjustments. Research has shown, however, that if youths stay out of trouble within the first few months
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.
In 1899, the nation’s first juvenile court for youth under the age of 16 was established in Chicago to provide rehabilitation rather than punishment. By 1925, following the Chicago model, all but two states had juvenile courts whose goals were to turn youth into productive citizens utilizing treatment that included warnings, probation, and training school confinement(Cox et al. 2014, p.2). Treatment lasted until the child was “cured” or turned 21. Although judges spoke with the offending children and decided upon the punishment, the lack of established rules and poor rehabilitation led to unfair treatment. In 1967 “ U.S. Supreme Court case of In re Gault held that juveniles were entitled to the same constitutional due process rights as adults, beginning a national reform in juvenile justice and the system was repaired to afford children many of the same rights that adults have in court” (Cox et al. 2014, p.4). Also, state legislatures passed laws to crack down on juvenile crime, as recently, states have attempted strike a balance in their approach to juvenile justice systems as research suggests that locking youth away in large, secure juvenile facilities is ineffective treatment towards different genders in which it doesn’t provide appropriate rehabilitation.
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?
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. American Correctional Association Wilkerson, I (1996) “Death Sentence at Sixteen Rekindles Debate on Justice for Juveniles.” New York Times, November Butts, J.A. and Snyder, H. (1997) “The Youngest Delinquents: Offenders Under the Age of 15,” Juvenile Justice Bulletin (Washington, DC: U.S. Department of Justice) Lefevre, P.S., “Professor Grapples with Execution of Juveniles.” National Catholic Reporter Snyder, A. “Serious and Violent Juvenile Offenders” (1997) National Center for Juvenile Justice
1. What is the difference between a. and What are the five goals of juvenile corrections? How effectively are these goals achieved? The goals of juvenile corrections are to deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges.
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.
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
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.