Juvenile Justice: Intervention versus Incarceration
Lisa Whipple
Professor Sinclair-Appelt
English Composition II
May 1, 2012
Abstract The national trend towards getting tough on juvenile crime by altering the juvenile justice system to more closely mirror the adult system was examined in order to determine whether secure confinement of juvenile offenders is as effective as community-based rehabilitative and treatment programs for these youth. Politicians and public perceptions have allowed the juvenile justice system to evolve from one of reform based thinking to one of punishment based thinking, placing more young offenders in secure facilities than ever before. The social repercussions of
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While constitutional rights must now be afforded to everyone, this was the first of many changes which began to alter the historical intent of the juvenile justice system.
Until 1980, other changes in the juvenile justice system seemed to consistently refer back to the main objective of its creation. The Juvenile Delinquency Prevention and Control Act of 1968 encouraged states to establish programs geared towards the prevention and rehabilitation of juvenile delinquency at the community level. These programs, once approved, were eligible to receive federal funding. The Juvenile Justice and Delinquency Prevention Act of 1974 built upon the 1968 act and increased nationwide rehabilitative efforts for juvenile offenders. If states wished to receive funding under this act, they were required to remove all juveniles within their jurisdictions from secure confinement facilities and separate them from convicted adults, building on the belief of writer Morrison Swift who commented on jailing young offenders with adults, “young and impressionable offenders were being carried off to Rutland with more hardened men, there to receive an education in lawlessness from their experienced associates” (Swift, 1911). Despite these steps towards delinquency prevention, or perhaps because of them, public perception towards an increase in juvenile crime in the 1980s caused radically different changes to begin to take place within the juvenile justice system.
In the past
The data for this project was collected by administering an anonymous survey to incarcerated juveniles at (name of facility), the (name) receiving center and at the NAACP office in Sacramento, California. The survey asked for gender and parental status (incarcerated versus not incarcerated). Participants were given a paper survey and a pencil to complete the survey. See Appendix for a copy of the survey.
The Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.
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.
The juvenile justice system was fashioned in the late 1800s; restructuring policies in the United States concerning adolescent offenders was a part of a progressive era in are history. Thereafter, many modifications designed at both safeguarding the "due process of law" rights of adolescence, and generating an antipathy to jail amongst minor. This dislike has made juvenile justice system more equivalent to the adult structure, a significant change from what it was intended for in the
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
Juvenile institutions and programs have changed over time. There are also juvenile programs that necessarily do not punish juvenile’s delinquents but instead help modify their behavior to avoid recidivism. Certain treatments and methods regarding how to deal with these dangerous young offenders were fixed and improved to make these institutions and programs more effective in changing the lives of these young
“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
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.
Within this paper the writer will be discuss the public policy on Juvenile Justice Reform. Within the paper the writer will describe the issue, tell if the policy a regulatory or legislative-initiated policy, and who initiated the issue or policy. Also the writer will discuss is there a constitutional issue, and how will the issue or policy affect the community, the accused, and the victims and a conclusion at the end of the paper.
The juvenile justice system is always changing and developing new ideas. The first example of a change or development can be the status offense reform. The basis of this are they are trying to keep the non-delinquent kids form the juvenile justice system. Some examples of status offenses are skipping school, or running away – offenses that are not illegal for adults. These offenses can lead to possibly detention, which might do very little to rehabilitate or change the issues that juvenile has. How this can all change is to bring these troubled kids to community based services to make them learn that it is possible to change and become a better person. Some other examples of changes or developments in our juvenile justice system (that I won’t go into detail about) are the quality of aftercare and how the system is trying to reduce racial-ethnic discrepancies and making it fairer for everyone (models for change).
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 justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.
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
Most people feel that, until recently, the juvenile justice system served our country and our children very well. Beginning in the 1970's, the nature of juvenile crime became different. Juvenile crime grew more common and more violent, and the system was not prepared.