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Punishment for juvenile crimes
Early prevention programs for juvenile delinquency
Punishment for juvenile crime
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A report issued by Amnesty International in 1998, based on data from the Department of Justice and from individual states, estimates that as many as 200,000 youth under the age of eighteen, some as young as thirteen, are prosecuted in adult court annually. The action of sending children into the adult criminal justice system contrasts greatly with the traditional view that delinquent children need help to turn their lives around in order to succeed in their futures. Judges are said to refrain from giving the younger children harsh punishments, even if they commit the exact same crime as someone eighteen or older. Additionally, there are problems with trial by jury in regard to the juvenile cases; juries are just regular citizens and most of them tend to sympathize with kids who are being tried severely. Lastly, offenders who are tried in adult court before legally being considered adults will face many hardships when their release date comes, leading to likely failure to flourish in the rest of their lives. Transferring juveniles to criminal court puts unnecessary strain on the already fearful child and therefore if the offender is 18 or younger, they should stay in juvenile court to receive their sentence and become free citizen who can have a positive impact on their community and society as a whole.
There has always been recognition that
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Even though the judges job is to be an impartial decision maker while interpreting the law, the Juvenile Justice Reform states how judges tend to pity young offenders and not sentence them to the appropriate punishment. Along with the compassion from the judge, the jury often finds themselves sympathizing with the criminal due to their immaturity. The advanced bias from judges and juries cause inaccurate sentences for the juvenile, whether they end up doing time in a juvenile detention center or in a
Furthermore, the “law and order” model was produced after a strong reaction between conservatives and liberal policies advocated by the national crime commissions. The conservative model originated in efforts to reexamine fundamental assumptions of the adult criminal justice system by a series of special study groups that began with the American Friends Service Committee publication “Struggle for Justice.” The committee’s desire to improve the predicament of prison inmates led to a report in 1971 that suggested that indeterminate sentencing and decisions about parole were conflicting and that they allowed biased judgment and improper criteria to control the timeframe served by inmates. Unfortunately, these motives for rejecting indeterminate
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
This 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.
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.
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.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
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”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
In most states juvenile delinquency are criminal acts committed by minors’ ages 10 to 18 years old, the crimes are categorized as status offenders or delinquent offenders. Offenses committed by status offenders can only be committed because the offender is a minor, such as running away from home, truancy and underage drinking. (Mooney, pg 115) then there are delinquent offenders whose offenses would be a crime if they were committed by an adult. Depending on the nature of the crime, minors are tried in a juvenile justice system or can be transferred to the adult justice system. According to the Campaign for Youth Justice, it is estimated 1.7 million youths are in the juvenile justice system with 100,000 cases being heard in juvenile court annually. Currently, it is estimated that 70% of the youths arrested are boys and 30% are girls, although African-Americans make up only 17% of the total youth population, they are 30% more likely than white youth to face harsher sentences and be transferred into the adult
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.
.... Sentencing juvenile delinquents are influenced by the seriousness of the crime or act committed. Therefore, the court will give a proper punishment for the delinquent acts committed.