Case Study : Shoplifting And Forgery

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.

In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.

Juvenile Delinquency has increased throughout the years. In 2008 the United States police arrested about 2.11 million juveniles. Juvenile arrest rates had increased in 2005 and again in 2006. Data show increases in some offense categories but declines in most. Most changes being less than 10% in either direction. According to the data arson at 47% is one of the biggest crimes that juveniles commit. Following are robbery at 27%, burglary at 27%, and property crimes at 26%. Juveniles are creating more problems for parents, schools, and communities. In 2007 juvenile courts dealt with a large amount of juvenile delinquents. About 4,600 cases per day were being treated at the courts (Puzzanchera, Charles).

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

In order to properly address mandatory incarceration for chronic juvenile offender’s criminal activities, it is important to begin with psychological assessments and evaluations. Half of our youths have experienced some type of psychological trauma such as depression, PTSD, personality disorders, anxiety, anger issues, or dissociation, just to name a few (Moroz, K. 2009). In order to determine mandatory incarceration, all of these factors must be considered. I will agree with most of our society that is , if they are a danger to society and serious of the crime, they need to be put into detention, where they cannot cause harm but where they can received the right intervention program and mental health treatment for them, it’s the law. The juvenile justice system is to rehabilitate not punish young offenders. Punishment is not the answer in solving their delinquent behavioral patterns.

With this message directed towards juveniles, as well as the likely chance that juveniles whom are transferred to the adult criminal court system will result in some type of incarceration, this may lead to a deterrence of violent or misbehaved actions committed by juveniles in an attempt to avoid these prosecutions. These statements conducted by Urbina and White (2009), are statements to consider on the issue of a juveniles transfer to adult criminal court. Although there are strong facts to support this type of transfer for juveniles, Urbina and White (2009) also found that this might not be the best option in some cases. There have been studies that showed juveniles whom were transferred to the adult criminal court system and sent to adult jails were more likely to re-offend and with more serious crimes than did their juvenile counterparts (Urbina & White, 2009). With this study that was conducted, it adds doubt to the fact that juveniles should be transferred to the adult criminal court system. Although, at times, this may be the best option for serious and violent repeated offenders, it is not likely that this process will have a positive affect on the juvenile or the community. Urbina and White (2009) continue to lack strong argumentative evidence to show the exact times that transferring a juvenile to the adult criminal court system is the

Juvenile Justice Reform “America’s criminal justice system isn’t known for rehabilitation. I’m not sure that, as a society, we are even interested in that concept anymore.” Although Steve Earle was speaking against the death penalty when he said this, his words apply to the juvenile justice system as well. The process of being incarcerated into this system is flawed, however the problems inside the detention will be the focus of this paper. Beginning with the trial itself, discrimination shows itself within minutes.

Juvenile delinquency has become a controversial issue within the Criminal Justice system. In the United States, juvenile delinquency refers to disruptive and criminal behavior committed by an individual under the age of 18. In many states, a minor at the age of 16 to 17 ½ can be tried as an adult. Once the individual reaches adulthood, the disruptive and criminal behavior is recognized as a crime. However, the criminal justice system has divided juvenile delinquency into two general types of categories that has brought upon controversial issues of inequality and corruption. Yet, putting young individuals in juvenile detentions facilities seems to open the door for them to commit more crimes in the future. Therefore, under certain circumstances juveniles should be tried as an adult.

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

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.

Juvenile offenders are increasing day by day regardless of the efforts to control the youth crime. It is important to understand the fact that even though the offenders fall in the young age bracket, they are still a part of human species. Human nature responds to violent actions with violent reactions. Violent reactions cause an increase in the violent actions instead of controlling them. However violent reactions may cause a temporary stop in the violent actions which may lead the authorities to believe that they have contained the crime. However, that doesn't stand true as a temporary stop does not result in a permanent solution.

As they come into contact with the juvenile justice system different, delinquent youths are treated differently in this system. Notably, the jurisdiction of this system and its courts also extends to non-delinquent youths like dependent and neglected youths, and status offenders. However, non-delinquents are not only viewed differently but they are also treated separately from delinquents. In most cases, non-delinquents are regarded as children in need of help and supervision while delinquents are held accountable and punished for their actions. Nonetheless, non-delinquents undergo several similar processes and dispositions like delinquents because of the differing reasons for the intervention of the juvenile justice system.

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.

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.

As stated by Bartol and Bartol “Juvenile delinquency is an imprecise, nebulous, social, clinical, and legal label for a wide variety of law- and norm-violating behavior” (2011, Pg 139). The juvenile delinquency term has come to imply disgrace in today's correctional institution. Our government is up hold to procedures and expected to come with a solution to solving the delinquent problem. An underage offender can be labeled a delinquent for breaking any number of laws, ranging from robbery to running away from home, and especially being involved in school violence. The following situations faced by correction officials when dealing with juvenile delinquents will be examined. Three main areas (child development, punishments, and deterrence