Adult Punishment Impacts on Recidivism for Juvenile Offenders
INTRODUCTION
Recidivism is a crucial aspect in criminology and its occurrence threatens peace, dunning the offender as a criminal. It is important that punishment aims at minimizing the repetitiveness of committing crimes among individuals despite their age. A criminal activity among the young population, precisely children, has been on the rise and thus the need for a deterrent. The introduction of adult punishment for juvenile offenders is a cognitive behavior approach, which is aimed at ensuring that children are afraid of committing crimes owing to their understanding of expected punishment. The adult punishment accorded to children depicts what they may end up getting for continued behavior (Arya, 2010). This, therefore, acts as a major deterrent to commenting crime, precisely in regards to recidivism. The introduction of this law has played a major role in discouraging criminal behavior among individuals with the fear of being incriminated and ending up in jail. The introduction of adult punishment, therefore, has had a profound impact on the deterrence of criminal activities, specifically among children, who probably do not understand the consequences of their actions. The aim of this paper is to elucidate the vitality of application of adult punishment to juvenile offenders, and how it impacts recidivism. Through the conduction of a secondary research, the paper aims at offering factual analysis
The criminal justice system has a branch for juvenile offenders. Established in the early twentieth century; it is the responsibility of this division to decide the fates of youthful offenders. This is administered by family court with support of social workers and family. With the increased number of youthful, violent offenders, many are being processed and sentenced as adults. Important issues such as culpability, severity of the crime, accountability, constitutional rights of the offenders and victims, and probability of rehabilitation,
The purpose of sentencing is to ensure youth are held accountable for their actions focusing on a rehabilitation and re-integration approach, while ensuring youth are given an appropriate consequence. There are many differences to sentencing a youth than an adult. A young person lacks the maturity of an adult, and the youth justice system must reflect that fact. Some differences include accountability and level of maturity, rehabilitation and reintegration are strongly emphasized, increased protection on procedures, and the intervention is implemented in a timely
There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.
The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system.
In researching materials of mandatory incarceration for chronic juvenile offenders, I had to define ‘What is a chronic juvenile offender?’ It is a young individual who are chronic reoffenders that is arrested on average two years earlier than juvenile offender (age usually 11 or younger). “The threshold in chronic offending for number of arrests is five. Therefore, youth arrested for the sixth time are extremely likely to later become young chronic offenders. So the use of arrests seems to be more appropriate in measuring of chronicity” (FSU, 1999).
This book’s main proposal is that there is a blatant contradiction in the way that the juvenile justice system is carried out. Throughout the book, Feld proposes that as a result of this contradiction, the modern juvenile justice system fails in every way possible to establish justice for youthful offenders, provide them with any rehabilitation, or provides any preventative measures that were originally the purpose of the system. What originally constituted the juvenile justice system no longer is supported through its processes, but the ideas that helped form the original system are still somewhat maintained. The idea of childhood during the progressive era, in short, say that there is a definite distinction between kids and adults, and that kids deserved special treatment when it came to dealing with offenses. Kids did not deserve as much blame as adults do because they are not yet totally in control of their actions, and thus to preserve and protect troubled children’s futures, kids
I do not think there is anything to help equip juveniles deal with the issues getting transferred to an adult prison. While in juvenile detention the youths are house with 53 other young kids sentenced as adults. Once the prisoner turns 18 they get transferred to the adult block where now there are 200 hundred other inmates and also bucking with another cell mate. Also it seems like In the documentary the kids were pushed to get and finish getting their G.E.D. while in jail. I don’t think there would be the same type of encouragement in adult prison. Last is while serving time in juvenile detention you was house with similar aged people and for the most part was there to do their time without trouble. Didn’t have any hardened criminals
In the paper I will be comparing the juvenile and the adult justice systems, there are several differences between the two systems. I will be discussing many aspects within the justice systems. These include but not limited to terminology, due Process rights, arrest to corrections, juvenile crime compared to adult crime, age limits and waivers to adult system and different community correction options available to offenders.
In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.
The goals of juvenile corrections are too 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. The goal of deterrence has its limits; because rules and former sanctions, as well anti-criminal modeling and reinforcement are met with young rebellious minds. Traditional counseling and diversion which are integral aspects of community corrections can sometimes be ineffective, and studies have shown that sometimes a natural self intervention can take place as the youth grows older; resulting in the youth outgrowing delinquency.
Currently to deal with juvenile offenders involved in the youth crime, there are two options available. The first option that prevails to a larger extent is known to us as incarceration while the second option that is slowly gaining trends is known to us as rehabilitation programs. This paper focuses on thorough analysis of both these options and the impact that they have on the offenders as well as the society as a whole. The paper also assesses the viability of these options in order to determine which of these will prove to be more effective and beneficial.
Parents have a very big effect on how a child will act. This is why I believe that the third recommendation to reform the young offender’s system is one of utmost significance. Parents have a responsibility to shape their children and their lives so that they become a positive part of society. Parents who are uninvolved with their children’s lives and leave them to do whatever they want, leads to the child becoming troubled. Parents have the responsibility to make sure that their children are not committing violent acts, and to get them help if they are. If they do not, they will suffer financial penalties. Parents, whose children are troubled, would seek help for
There has been numerous studies carried out and research to decide influences of assignments of instances from juvenile courts to adult criminal courts for trial and ability sentencing indicate better recidivism costs a number of the offenders. They recall trials on the ones who faced harsh punishment. In a way, man or woman punishments scare youngsters far from committing most important crimes. but, research display that quick term punishments imposed on more youthful offenders in grownup courts propagates the offenders to devote even greater crimes which are important after their sentence terminates. These outcomes from interactions with different crimes send juvenile behind bars with criminals who committed worse crimes. The young offenders
It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency
In Miller v. Alabama (2012), the United States Supreme Court determined that mandatory life sentences without the possibility of parole is unconstitutional to juvenile offenders. This decision is agreeable upon because adolescents do not receive the opportunity to reform themselves. As the Court suggests, life in prison violates the Eighth Amendment, which accounts for a ban on cruel and unusual punishment. However, juveniles still must be held accountable for their actions and should be sentenced to a fair verdict according to their crime, whether they are an adult or not.