There is ongoing debate as to what should be done with juvenile courts. Should juvenile courts be abolished or just reformed? There are a number of reasons offered for each viewpoint, and the ultimate goal is trying to figure out which option would be most beneficial for juveniles. Juvenile delinquency is a continuous problem in the United States. It is also considered an issue that all of society needs to take part in trying to solve or at least diminish. Despite the number of social controls that can aid in dealing with delinquency much of the burden is placed on the juvenile justice system. It is well understood that the juvenile courts have a lot of imperfections. These imperfections are what caused the calls for reform or …show more content…
This shift has caused more focus on an individual as a criminal rather than the innocence of a child. It also caused movement away from rehabilitation, which was meant as a way to prevent future criminality. More emphasis has been placed on strict social control and incarceration (Hickey, 2010). In a sense reforming back to the original objectives of juvenile courts is seen as one of the better methods to try and achieve. As of now the juvenile court system is suffering from a boomerang effect in which the same juveniles are continuously reoffending. The point of rehabilitating juveniles when they are in adolescence is to try to prevent adult criminal behavior. Juvenile courts have failed to substantially make an impact on juvenile delinquency as they are now and reforms may not be enough to make a significant impact. Ultimately, a bigger change may be required.
In addition to the rehabilitative aspect is the social welfare aspect. The juvenile courts lack the means to provide social welfare for children. This issue was created because of state agencies having the “control over the institutions and programs to which judges send delinquents,” rather than juvenile courts having the control (Hickey, 2010, p. 148). The lack of resources
Juvenile delinquency is an ever growing issue in the United States, according to the Office of Juvenile Justice and Delinquency Prevention, “In 2012, there were 3,941 arrests for every 100,000 youths ages 10 through 17 in the United States” (OJJDP, 2014). The way juveniles are treated in the criminal justice system is very different than the way adults are. In 1899, in Cook County, Illinois, the first juvenile justice system in the country was founded. This established an alternative way of dealing with offenders whom are inherently different, in the way they think and commit crimes, than those of adult age. There are a few distinct differences between the juvenile and adult criminal system, but the biggest difference is the
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
I advocate for a revision of the juvenile justice system that truly promotes social justice. The ideal detention facility I propose for delinquent juveniles more so resembles the practices and concepts the Missouri Division of Youth Services provides. This system does not bar children in cells. It does not force them to wear dehumanizing uniforms, they are provided with sufficient and well-trained mental health professionals. They are provided with anger management programs. It is devoted to “offer a demanding, carefully crafted, multilayered treatment experience, designed to challenge troubled teens and to help them
There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenile offenders the way we do adult offenders, and vice versa. This much we know. So we have to find a way to merge between the two. And, let’s face it; our juveniles are more important to us in the justice system. They are the group at they
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.
The juvenile justice system was founded on the belief that juveniles should be rehabilitated from committing crime. It was the belief of the government that juveniles do not posses the cognitive reasoning of adults, therefore should not be punished as adults. The juvenile court was formed in 1899 with the belief that the government needs to play a more active role in the rehabilitation of juveniles. This belief held strong up until the 1980's when President Ronald Reagan took office. The beliefs in juvenile rehabilitation were fading and an alternative was rapidly being put into motion, juvenile incarceration. Juveniles being incarcerated was not
The adult court system does not have the resources to work with and rehabilitate youth (Seep, 2015). According to recent studies, teens sent through the adult court system are 5 times more likely to commit another crime after leaving jail compared to a teen sent through the juvenile court system (Brown, 2015). This is because the juvenile court system has resources to help teens learn from their mistakes and not make them again. As a society, we should want our teens to become educated and help make our society better. While the goal of the adult court system is to deter the convicted prisoner from committing another crime, the juvenile court system’s goal is to rehabilitate the youth and help them successfully integrate back into society (Seep,
Discussed earlier was the idea of rehabilitating youths in reformatories at the House of Refuge, but only youths deemed reformable (Fox, 1996). What about the youth who were not reformable? What about the youth that commit a serious violent offense such as murder, rape, torture, or armed robbery? In the 1980’s during the “get tough” on juvenile crime movement, states passed waiver legislation that allowed for the transfers of youths to adult court (Kupchik, 2003). Not only has there been no significant findings that trying juveniles as adult does not lower the potential for recidivism, but it has not been found to be an effective means of crime control (Fagan, 2008). Although being tried as an adult opened up even more constitutional safeguards than had been provided post-Gault, the transfer of juveniles to adult court went against the moral notion of keeping youths out of court and out of the system (McGowan, A., Hahn, R., Liberman, A., Crosby, A., Fullilove, M., Johnson, R., … Stone, G., 2007). How does the juvenile justice system, after years of reform and change get back to being a therapeutic and focused on individualized justice? Is it possible?
America’s juvenile justice system has been around for ages and has had problems since its creation. The courts have failed to devise a way to help juveniles and keep them from even entering the justice system. More often than not, juveniles are forgotten and never dealt with until they reach the point where they are either going to be placed within the system or receive some sort of diversion or alternative. This is where the problem exists. There needs to be more communication between the different levels of the juvenile justice system. Particularly between the officers that may arrest these juveniles, the probation officers that deal with them, and of course the judge in the court system. The juvenile court is supposed to have provided due process protections along with care, treatment, and rehabilitation for juveniles while protecting society. Yet, there is still considerable doubt as to whether the juvenile justice network can meet these goals (Cox, Allen & Hanser, 2013).
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 delinquency has been a problem in the United States ever since it has been able to be documented. From 100 years ago to now, the process of juvenile delinquency has changed dramatically; from the way juveniles are tried, to the way that they are released back into society, so that they do not return back to the justice system (Scott and Steinberg, 2008). Saying this, juveniles tend to
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
The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. It was founded on three principles: juveniles are not ready to be held accountable for their actions, are not yet fully developed, and can rehabilitate easier than adults. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.
The juvenile justice system was founded on the belief that children are different from adults; therefore, the justice system and corrections sanctions for juveniles should acknowledge the differences. “Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court” (Fagan, 2008). The acknowledgement of these differences should be the bases for a proper juvenile justice system. The examination of the juvenile justice’s systems history, trends, and causation theories will provide an insight into the future of the juvenile justice system.