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.
The Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in, the juvenile justice system began to change. A transition from the classic objective of reform brought by juvenile justice system to a more tough policy that focus more on public safety and on idea of punishment to juvenile offenders came to effect.
The movement was referred to as the Society for the Prevention of Juvenile Delinquency. The main issue that legislation and movements sought to address was the separation of delinquents from the adult offenders. In a case of an adult offender the court looks at the act committed. However, with the emergence of juvenile courts the focus is on the delinquent who is viewed as a child, and who needs to be helped. In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol).
On top of that Milad2 it also gives protection like the criminal court system gives adults who are responsible to serious penalties if guilty. In paragraph six of Rita’s essay she says that the current juvenile system has made it the defendant’s lawyers job to protect the young client from any possibility of rehabilitation. That means that the courts now are also protecting rights of juveniles, which makes it even more impossible for prosecuters to convict the defendant. This then offers the child to get away with no punishment and now thinks that he/she have the right to keep on acting in a misbehaving or unlawful way which had brought him or
The literature shows the nations children who deviate from the norm are presumed to be deviant and treated like its adult criminal population. Teenagers, kids, adolescents are presumed to be treated as if they are of age. What is lost is the cognitive development and nourishment when such negative actions occur. The basic and fundamental formative academics that have shown effectiveness are not being implemented into the sanctions for these juvenile offenders. There is a linear correlation between low education obtainment levels, mental illness and juvenile offending and recidivism.
Youth offenders in the United States who commit an adult crime should they be tried as an adult or sent off to rehab? According to (Juvenile Offender) young people today are more malleable and can be easily influenced. It is mainly believed that the criminal actions by young offenders might be influenced by such external forces such as parental neglect, and inappropriate living conditions or with relations within their family. It is important to note that instead of seeing a rehab program as a form of punishment. Young people who are undergoing such a program should understand they are voluntary and should consider the program as a positive opportunity to change their lives for the better.
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.
This act was unique, since it attempted to reduce the stigma of juvenile crime and create a new approach for the process of offenders. They philosophized that children were not to be treated as criminals but in need of encouragement. III. Current View of Juvenile delinquency Over the decades, the perspective of juvenile delinquency has seemed to intensify, as it has been regarded as an epidemic. Youth violence has appeared to proliferate in some ar... ... middle of paper ... ...are inadequately being taken care of.
“One of the most important actions that can occur in the early court processing of a juvenile offender is the transfer process, or also known as waiver” (Siegel & Welsh, 2011). Before they had a juvenile court system, juvenile offenders were treated in the Adversarial Criminal Justice System, in the same manner as adults. These influenced legislators in many countries to think of alternative procedures that could be used in dealing with youthful offenders instead of subjecting them to the harsh treatment in the criminal justice system (Siegel & Welsh, 2011). So, this led to the establishment of juvenile courts that focused more on rehabilitation rather than punishment. Court proceedings were made more informal, and youthful offenders were since distanced from the Adversarial justice system.
However, the Juvenile Justice system was developed by states because of the demographics in cities. In the 1800s, the state seeing the developing cites and the effect it was having on the young population, they had to develop a system control the youths. The states were now actively practicing the concept of “parens patriae.” Initially, child offenders above the age of seven were treated and incarcerated like common offenders. Since then some of the objectives that have been set for the juvenile justice system have included the “rights of youth,” creating a hate among the youth towards jail terms, and compliance with the “due process of law” has made the system harsh and in some cases inhuman. The earliest Reformatory Refuge was built in 1824 ... ... middle of paper ...