SB 314: Direct Filing of Juveniles
Overview of the Social Problem
You would think that we would want to help protect and serve the youth of our country, but that is not always the case. We are trying more and more youth as adults each day for non-violent crimes when we should be trying to help them rehabilitate. Florida has to be the worst when it comes to youth offenders being tried in adult court and sentenced to prison. “Today approximately 7,000 youth under the age of 18 are held in adult jails on any given day, and one in 10 youth incarcerated in the United States are admitted to an adult prison or jail (Schubert et al. 2010). The social problem is not just the fact that youth are tried as an adult, it also has to do with the overrepresentation of black male youth in adult prisons.
The history of the juvenile justice system came into play because young people who were accused of a crime were imprisoned with adults. They made the juvenile justice system because they thought that they should deal with youth separate from adults because of their lack of maturity to grasp what they have done wrong. “In many jurisdictions, African-American youth were overrepresented in felony charges filed in adult courts compared to their percentage in the felony arrest population; this was most evident in charges for drug and public order offenses” (Juszkiewics, J., & Schindler, M, 2001). These have always been a differential difference in the treatment of African American males and
Research has shown that sentencing is different between African Americans and Caucasians in many ways. First we will identify the two types of justice systems. There is the juvenile justice system, that was to be an alternative for juveniles and the punishments that the criminal justice system utilized (John Wiley, 2012). The thought behind the Juvenile system was the thought of rebuilding and restructure to rehabilitate the prisoner. The criminal justice system is set to punish those who know right from wrong for crimes they have committed. The correctional facility
Evidence-based studies imply that youth of color are being placed in detention at a higher rate all throughout juvenile justice system not only in Kentucky but, nationwide. Disproportionate minority contact (DMC) in juvenile justice alludes to youth of color being place into the system at a greater rate than their Caucasian counterparts. All races break the law at about the same rate; however, youth of color are arrested, charged and institutionalized at a higher percentage than Caucasians for similar offenses. African-Americans made up 16 percent of all youth in the United States, but constituted 28 percent of youth arrests, 30 percent of referrals to juvenile court, 37 percent of detained youth, 34 percent of youth formally processed by juvenile court, 30 percent of youth adjudicated delinquent, 35 percent of youth judicially waived to criminal court, 38 percent of youth in residential placement, and 58 percent of youth sent to state adult prisons. (Grieshop et al 2009)
The trend of African American males between the ages of 25 and 29 has seen a dramatic increase of incarceration. Attention has been focusing on areas of housing, education, and healthcare but the most prominent problem for African American males is the increase in the incarceration rate. African American males between the ages of 25 and 29 incarceration rate has been thought, by many, to be caused by economic factors such as under employment or unemployment, poor housing, lack of education, and lack of healthcare. Yet, others believe it is due to the imbalance of minorities within the criminal justice system, such as judges, lawyers, and lawmakers.
The research done for this paper examines different studies of juveniles and their place in the United States’ justice system based on their race, gender, and social class, as well as looks into policing tactics that may be beneficial to the affected youths. By looking at a wide variety of academic journals and books it was clear to see that youths are looked upon and treated differently depending on what their race is, the sex that they were born, or their family’s economic standing. Resulting in the outcome of these youths being treated more harshly than others due to aspects about themselves that are out of their control. Doing further research into the juvenile justice system and how it is structured to help certain youths while neglecting others, it is clear that the treatment of minority youths is entirely unjust and that a reform of this system is, without question, necessary, not only to maintain an even and fair justice system for juveniles, but also to help these minority youths strive in their lifetime rather than fall victim to a life of crime.
America has the largest justice system in the world. America also has the highest incarceration rate with over 2 million people in prison. African Americans account for approximately 40 percent of those inmates. Why is the incarceration rate so high for young black males? By examining the data and demographics, and the causes and consequences a greater understanding will be gained as to why these disparities exist.
“The system is not fair. Institutional racism is alive and well in the juvenile justice system as it is in the criminal justice system, due to racial disparity and bias in the court room” (Jones, Bridgett). This is a statement that plagues many people involved in the justice systems. There are huge racial disparities throughout the world. Post-Slavery: the early development of the Race/Crime Connection, Profiling: Racializing possible cause, and differential bias involvement as well as institutional racism. We can work on having better policies and procedures driven into police practices and we need to make sure people of color are not excluded from juries to stop most of the disparity.
“In early 2009, it was discovered that a private juvenile detention center paid two Pennsylvania judges $2.6 million over a five years to reject pleas for leniency and alternative punishment for hundreds of teens” (Anderson). Juveniles fall prey to the penal system due to discrimination, lack of education, and social status. As adults, we are tasked with the responsibility to protect, and educate the generation that is to be our successors, but it seems that not all kids fit the bill because some kids are selected for greatness while others are deemed expendable. The selection process is quite questionable because these expendable children largely reside in poor communities made up of minorities. An example of this discriminatory act can be seen in public schools in underprivileged neighborhoods where police officers are placed to push at risk-students out of the classroom and into the criminal justice system, opting for punishment such as suspension, expulsion, and arrest for minor offenses that would be best settled at an administrative level (Jackson et al.). He goes on to say, “70% of students arrested in school or referred to law enforcement are African Americans or Latino” (Jackson et al.). As such, the effects of these measures have resulted in an increase in the
Minority youth are disproportionately represented throughout juvenile justice systems in nearly every state in the nation. Disproportionate minority contact (DMC) in juvenile justice occurs when minority youth come into contact with the system at a higher rate than their white counterparts. African-Americans, Hispanics, Asians, Pacific Islanders and Native Americans comprise a combined one-third of the nation's youth population. Yet they account for over two-thirds of the youth in secure juvenile facilities (Armour & Hammond, 2009).
Disciplinary changes applied to the juvenile justice system in addition to negative impressions of juvenile males have caused juvenile male incarceration rates to surge. African American male juveniles encounter racial differences in society everyday due to view that media portrays them to be. Racial bias amongst these juvenile African American males is the principal cause of their incarceration rates climbing higher each year. The lives of these juveniles are seriously altered after being incarcerated due to the negative labels given to them. This chapter will discuss the findings, implications, and future research of the impact of incarceration on the social conceptions of African American juveniles.
“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
It seems throughout the past 30 years, black and ethnic minority young people’s experiences within the criminal justice system and the youth have been negatively associated.
This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.
The United States leads the world in the incarceration of young people, there are over 100,000 youth placed in jail each year. Locking up youth has shown very little positive impact on reducing crime. Incarcerating youth have posed greater problems such as expenses, limited education, lack of employment, and effect on juveniles’ mental and physical well-being.
Juvenile corrections encompasses the portions of the criminal justice system that deal with juvenile offenders. Many of these facilities and programs seem to mirror jails and prisons, but juvenile corrections are not meant for long term sentences. Sometimes sentences for juveniles are only several weeks long. Juvenile corrections also have a strong focus on rehabilitation because studies have shown that juvenile offenders are more prone to rehabilitation than adult offenders. These programs and services were aimed to help to teach
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.