The study of juveniles is very important because children and adolescents are supposed to be the future of our world. Not only that, but we, the citizens of the United States, should pay more attention to juveniles and create a new set of laws that would prevent juveniles from committing any source of crimes. If we do something about it before any further problems involved, we can reduce the crimes of our communities by starting to work with our juveniles. This involves some rehabilitation and some specific programs that can help our juveniles not to get in problems. Since the early 19th century, people would consider children as young adults, and it was expected from them to behave appropriately and not as a criminal. As early as 7 years …show more content…
It wasn’t until the year 1899 that the first juvenile court was established in the state of Illinois. The primary difference between juvenile courts and adult courts was that the juvenile courts were civil in nature while adult courts were criminal. The benefit of a civil court was that the courts could focus on the youth, rather than the so-called offense, and have a range of options towards the youth 's rehabilitation. The legal doctrine of "parens patriae" formed the foundation of juvenile courts and meant that the state was given the authority to make decisions for the benefit of the child as a parent would. Parens patriae is in Latin for "parent of his or her country." It means that the state has the power to act as guardian for those who are unable to care for themselves, such as children or disabled individuals. For instance, under this doctrine a judge may change custody, child support, or other rulings affecting a child 's well-being, regardless of what the parents may have agreed to (Nolo’s Plain-English Law Dictionary). The doctrine of "parens patriae" continues to the present time in the juvenile justice system as well as in schools. Does that mean that the juveniles had rights? Juveniles, in the 1960’s, who were in the juvenile court system did not have any Constitutional rights however, that changed in the year 1967 with the United States Supreme Court’s decision in In re
July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events. Michael and Derrick who had run away after the shooting confessed to police and named Andy as the shooter. According to the three boy’s testimony, they had only recently met and needed away to get some quick cash, so they developed a carjacking scheme and headed to Andy’s house to pick up 2 stolen handguns. The three boys were uneducated and had spent most of their time on the streets in search of drugs. The judge ruled that they would be held without bail and there was probable cause to charge them all with first-degree murder (Thrown Away, 2005).
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
For many years, states have believed that the juvenile justice system came about to protect the public by providing a system that helps children who are maturing into adulthood. States understand that children who commit crimes are different from adults. They believe that children are less blameworthy, and have a greater capacity for change. To make up for these differences, states have created a separate court system for juveniles, and they have created a separate, youth based system that is different than that provided to adults.
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.
Juvenile Courts in the United States find their origins in English custom and law. As early as the 16th century, poor laws and chancery courts were meant to protect minors, either through allowing the government to take custody, or protect their property rights respectively. These actions were justified by the legal philosophy parens patriae, which holds that the government is the true guardian of the needy and infirm, including dependent children, which gives the government authority to act on behalf of a child. This philosophy was the original guiding principle that the juvenile system held at the turn of the 20th century, although the juvenile system began to shift back towards crime control and the adult system during the late 20th century.
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
Before the Progressive Era, children who were over the age of seven were put in jail with adults. In the early part of the 1800’s reformers started to become concerned with the overcrowded environment in the jails and prisons, and the corruption young kids were experiencing when locked up with adult prisoners. The Progressives in the late nineteenth century started to push for universal reform in the criminal justice system (Myers, 2008). The Progressives looked to move away from the penalizing aspect and more towards a rehabilitative system, with regard to the rectification of delinquent children and adolescents. A specific group of Progressives, called the "child savers," focused the majority of their attention on finding and curing the causes of juvenile delinquent behavior. The child savers group viewed the juvenile offenders as adolescents in need of care and direction, not punishment (Myers, 2008). In In re Gault (1967), Justice Fortas summed up the views of the child savers: “The early reformers were horrified by adult procedures and penalties, and by the fact that children could be given long prison sentences and thrown in jails with toughened criminals. They were overwhelmingly convinced that so...
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
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.
Over the years many laws and policies have been created and altered. As a result many activities have become illegal. With so many laws in place now, juvenile crime is also on the rise. More and more juveniles are being sent to prison than ever before. The goal of the juvenile justice system was to rehabilitate but now it is more focused on punishment. However, many rehabilitation programs are still in place to help delinquent juveniles get back on the path to becoming successful productive members of society. One program that comes to mind is the restorative justice program.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Every day 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.
The Illinois Juvenile Court Act of 1899 was the first juvenile court established in the United States (Locked Up…). The juvenile court was created to handle the offenders on the basis on their rather than their crime. In the 1980’s and 90’s many states passed laws to try teens as adults (Should Juveniles…). The court system served to the minors under the age of sixteen. The courts didn’t typically support disciplinary actions. The people in charge did everything in their power to not have the victim spend time in a juvenile detention center or better yet prison. Remedial sentences were the most common types of discipline (Locked Up…).
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
Although there are two different justice systems, juvenile and adult, it has not always been that way. Our founding fathers read the Commentaries on the Laws of England, by William Blackstone who was an English lawyer (americanbar.org). They also admired the commentaries; therefore they began to apply them to our country. For instance, in the commentaries William defined a criminal, capable of committing a crime, as someone who had an understanding and has intent of the committing the crime and the act of committing the crime. As a result, America would make those who underst...