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 …show more content…
What judgment should be used to best serve the needs of both the public and the juveniles, and who to place it upon. Judges like Roosevelt Dorn, who frequently showed his contempt of the current juvenile justice methods, but was the best advocate for the treatment of the children. I think his method is one of the best ways to reform the system through early prevention and more rehabilitation. The district attorney’s office was often prosecuting on the word of often subpar investigations and evidence, due to a lack of funding. The adult court transfers are not the most effective way to reduce more juvenile crimes, although for extreme delinquents I think it is the best way to sentence them. The transfers do not do anything to prevent more crime; they just reduce some of the workload of the overloaded juvenile system.
Ronald Duncan is one prime example of the failings of the juvenile court. It is the one case written about in the book, that the juvenile system has virtually no chance of saving the juvenile from further crime. It also happens to be the one case in which the juvenile court couldn’t transfer the child into adult court, and therefore could not sentence him to a harsh enough sentence. Duncan was charged with two counts of first degree murder, not many days before his sixtieth birthday. When after a night working at Baskin’Robbins the owners, a husband and wife, were going to drive Duncan
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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)
With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.
The Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.
Nowadays, the topic of the Juvenile law system is a very controversial as well as difficult discussion to have. For every court case, trial, and scenario, there are many different circumstances that may affect the outcome. Due to the seriousness of their crimes or even their past offenses, juvenile criminals can sometimes be tried as adults. Personally, in the beginning of this assignment, I could see both sides of the argument. There are many reasons why children under the age of 18 should be tried as children, however, there are more proficient reasons as to why we should do away with juvenile court. Many of my peers do not think this, however, they are keen on keeping children tried as children. I truly cannot fathom the “good” that
Today’s juvenile court system handles most cases involving those under the age of 18-year-old. This was not always the case and the ideal of a separate court system for adults and children is only about 100 years old. When looking at the differences that set juvenile courts apart, it is important to study the history and see how it developed over time.
As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a
Edward Humes is a Pulitzer Prize-winning journalist, non-fiction, and true crime writer. Of his twelve books, five involve the criminal justice system. In this work, Humes takes on the sizeable task of examining the complicated juvenile justice system, chronicling the stories of several juvenile offenders and juvenile justice officials, and how they navigate the confusing and often arbitrary laws of the California juvenile justice system. Humes delivers an informative, eye-opening, and often dispiriting account of what goes on in the halls of America’s juvenile courts and correctional
Did you know, that in the United States alone, Over 200,000 children are charged and imprisoned every year as adults? Early in the 20th century, most states established juvenile courts to rehabilitate and not just punish youthful offenders. The system was designed for children to have a second chance at their lives. “A separate juvenile-justice system, which sought to rehabilitate and not just punish children, was part of a movement by progressives to create a legally defined adolescence through the passage of child-labor and compulsory education laws and the creation of parks and open spaces.”(How to reduce crime Pg 1) Although the view on juveniles committing brutal crimes is nearly inconceivable, it is not a solution to give juveniles adult consequences because the effects of the adult system on juveniles are not effective.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. 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 Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
Our current juvenile court system began in the late nineteenth and early twentieth centuries. The ultimate goal of having a separate court system for juveniles is to rehabilitate young offenders rather than punish them. The court also hopes to deter young offenders from preforming further delinquent behavior. Unlike the adult court system, juveniles do not have the right to a public trial by jury. Instead, they undergo an adjudication hearing where the judge rules whether the juvenile is a delinquent. Since this separation, several studies have been conducted to weigh the benefits and costs; such as effectiveness, efficiency, and cost of resources, of having two court systems. Is the United States juvenile court appropriate or should it be abolished? Abolishing the juvenile court system would mean juveniles and adults would both undergo the same criminal justice system. Rothstein states in his research that juvenile courts are a cost-effective way to handle less serious offenses by children (as cited in Acker, Hendrix, and Hogan, and Kordzek, 2001, p. 200). On the other hand, Robert Dawson (1990) argues that there are not enough legal differences between juvenile and adult courts for there to be a need for a separation, concluding that overlap between both systems is so great that having a juvenile court is unnecessary. Supporting this argument, Barry Feld (1997) calls the two systems “duplicative” (p 69).
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.
Juvenile justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.
Every process has room for improvement, but the juvenile justice system can be altered by adding in possible solutions of what can be done to help this problem in American society. About 100 years ago, juveniles were always tried as adults. Now, that the government has altered the system for the better, the government knows that trying juveniles as adults is not always justified. It depends on the crime, but the majority of the time, juveniles are often always tried as juveniles, based solely on their age. Not only that has changed; the process of juvenile justice has changed as well to better help the juveniles in the system. The rights of juveniles in the system have changed so that the children can improve their lives once they are out of the system. Even though the process has changed and the rights have improved for the juveniles, there are still many improvements to be made. Studies show that recidivism rates are in fact going down, but the rate can always be better so that juveniles do not return to a life of crime.