Incarceration In The Juvenile Justice System

Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).

It has been one hundred years since the creation of the juvenile court in the United States. The court and the juvenile justice system has made some positive changes in the lives of millions of young people lives over the course or those years, within the last thirteen years there has been some daunting challenges in the system.

Over 1/3 of the 11,000 index crime arrests were juveniles under the age of 16.

Studies suggest that there is a divide between the government and public response to juvenile incarceration. Bullis & Yovas (2005) state that support is given to correctional facilities to house juvenile offenders as a form of punishment (as cited in Shannon, 2013, p. 17). Individuals who support this perspective are often more likely to support the construction of more prisons and stern penalties on crime based upon the presumptions that youthful offenders are aware of the consequences of their actions (Drakeford, 2002 as cited in Shannon, 2013, p. 17). On the other hand, opponents of this perspective believe that incarceration creates an opportunity to rehabilitate the offenders (Huffine, 2006 as cited in Shannon, 2013, p. 18). This perspective supports the purpose of juvenile detention centers as “preparatory in nature – that is, offering services focused on the development of skills needed to return successfully to mainstream

There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. Many debate whether or not juveniles really should have less severe punishments or if trying some juveniles as adults will lower juvenile crime rates.

In America we sometimes house juveniles and adults in the same prison system. In the state of Wisconsin in 2014, we have incarcerated 121 minors into the adult system. While incarcerating these juveniles in the prison system some may wonder how does it affect a juvenile, Also what problems do they face while in prison and lastly, how has their life change for better or worse after they are released back into society.

The hype around globalization and the negative impact of the social media have obscured discussion on the most immediate and pressing issues that need immediate attention in the U.S justice system. The number of incarceration in the United States beginning 1970 has swollen to all time higher (Walker et al., 2012). According to Binswanger et al. (2012), American judicial system has imprisoned 2.3 million of its populace, and these are more than any other country in the world. Davis (2007) mentioned ironically that the U.S jails a quarter of the world prisoners albeit it contains merely 5% of the global population. These statistics are mind boggling for a country that has opted to teach the world fairness, justice and equality.

The juvenile justice system exists to separate the youth from the adults that are imprisoned. The separation exists because of the different levels of maturity that are present between the two age groups. These young offenders are not arrested for the reason of punishment; they are arrested to be rehabilitated so they do not become habitual offenders later on in life. It gives them the opportunity to see what life will be like for them if they are to be adult offenders. With that being said, there are some instances where these young adults are to be tried as an adult offender with an adult punishment. Throughout most of history, young offenders were tried by the same courts as those that tried adults and were subject to the same sanction which does include execution and incarceration. (Masters, p 450, 2013) There are some places that truly believe that young criminals shouldn’t be treated like adults, such as in England. There is a law in affect called the “infancy defense” which says that children under the age of 7 are not to be tried as adults because they haven’t yet formed criminal intent. A child that was between the ages of 7 and 14 could be prosecuted but only if the prosecutor could prove that the child knew what they were doing was wrong. (Lectric Law Library, 2003) Lawmakers and social scientists found that those who were found guilty

Early in U.S. history, children who broke the law were treated the same as adult criminals. If you are a young person under the age of 18 and you commit a crime, you will have your case heard in the juvenile justice system. The thing is that, it hasn’t always gone that way. The idea of a separate justice system for juveniles is just over one hundred years old (American Bar). Where did juvenile justice come from? The law was in the image of the common law of England. William Blackstone, Blackstone’s Commentaries on the Laws of England, first published in the late 1760s, was admired by the United States founders.

Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.

Many young children are now being influenced by individuals that can physically and mentally harm their well-being. There are too many young children being seen through the incarceration systems solely because of the environment that they are raised in. In a study done by Elizbeth Barnert, “With 2 million youth arrested annually in the United States and 60,000 detained, justice-involved youth represent a large, high-risk, vulnerable population largely hidden from public view” (Barnet). This goes to show that the youth is not being taken care of responsibly or are not being placed into the right environment. Juvenile incarceration is detrimental to their physical and mental health, these children have been influenced in the past as well as incarceration

When thinking of reforming the juvenile justice system one has to think; what can we do to make this better for everyone involve? There are some programs that can be implemented when trying to make a change in the juvenile system. The main thing is getting parents or the guardian more involved in the child’s whereabouts. Secondly the community where the youth will have a place to go and have something more constructive to do to keep them out of trouble. Law enforcement can get involved in giving ride along and having visits to the local jails or prisons from the youth to talk to some of the inmates. Crime in life isn’t racist at all it has a no age limit, no certain gender and no social status for most of those whom decide to partake in a criminal activity. From the beginning juveniles have been an issue with law enforcement, the question has always arisen of whom will take control without cruel and unusual punishment and assist with the rehabilitation and prevention future crime actions.

The American juvenile justice system had developed over the past century with a number of variables that makes it different from the adult criminal justice process. Juvenile justice advocates supports the differences on the youthful offenders. Juvenile crime policy over the course of the twentieth century talks about transferring the law’s conceptions of young offenders. Starting from the nineteenth century, many of the youths were tried and punished as adults. However, treatment of juveniles in the United States started to change. Reformers created a way where juveniles can be housed in special facilities. Their mission was to protect juvenile offenders by separating them from adults. Juvenile justice system focuses primarily on rehabilitation and help youths avoid a future of crime. Since then there have been many milestones and historical evolutions that can make juvenile justice an effective system.

Through reading and research, it has become clear that incarceration does more harm than good for the those in the justice system. By being incarcerated, the inmate is being separated from family members, becomes socially distant from society, and has the influence of violent offenders. To house the inmate in a correctional center costs simnifically more than to treat the offender through probation. It is our God given duty to hold those accountable for their actions while providing them the tools and treatments needed to become who God intended them to be (Fischer 2016).

The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also being easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice system is made up of police, courts, corrections, probation and parole services, as well as community-based programs to name a few (book).