This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system. Late eighteenth and early nineteenth century was the beginning of creating a difference in the way delinquents were handled. Historically, an offender who was above seven years of age was imprisoned together with the adults. Though an offender who was between seven and fourteen years of age was presumed as one who is not able to form the required criminal intent it gave the prosecutor room to prove otherwise. A house …show more content…
However, due to the rise in juvenile crimes, the Juvenile Justice and Delinquency Prevention Act were amended to state that for weapon violations and crimes that involved violence the juveniles would be tried as adults. The juvenile courts have greater discretion in disposing of a case than an adult court, as they are given power to actually take a child from the custody of their parent to a facility or a foster home. The current juvenile courts have been accused of diverting from the historical idea of the first juvenile courts which was to treat the child offender as one who needed rehabilitation. Instead, after committing the offence the offender is not given a chance to turn his or her life around. An example is given by Stier (2009) of America where two juvenile court judges were accused of receiving 2.6 million dollars in exchange for sending the juvenile offenders to detention centers that were owned by private individuals. Some of the minors sent to these centers were petty offenders, for instance, Wilkes-Barre a 14 year old who stole loose change from an unlocked car to buy chips was locked in a detention center for a year. It has been argued by researchers in the case of Roper v Simmons that the part of the brain where rational decisions are made does not develop until one is in their early to mid twenties. Therefore, courts
The term juvenile delinquent was established so that young lawbreakers could avoid being classified in legal records as criminals. “The laws were designed to provide treatment, rather
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.
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 book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the
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
A thorough understanding of England's judicial system during the 1800's requires one to thirdly analyze bias of the justice system to certain ages, races, religions, and ethnicities. Until the late 1820's, juveniles above the age of 7 years old could be convicted in the court of criminal law, in England. This means that children above 7 years of age could be sentenced to punishments such as hard manual labor, or even death. The first Juvenile Court was not created until 1899, which meant children we treated as adults throughout the 1800's and faced unfair and bias court decisions. However, in the 1820's there were some reformations created to work on the juveniles charged with crimes, instead of punishing them, but for the most part they faced
“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
In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the
Is the Juvenile Justice System helping these delinquents with mental health problems? There are several programs in place to help juveniles with their mental illnesses. One program is called the Juvenile Drug Court Training and Technical Assistance Project, which is changing the policies and programs to include and address the treatment needs of the youth, because of the occurring mental and substance abuse disorders. What other types of programs are offered for Juvenile Delinquents? (Bilchik, 1998) said, “It is crucial that we deal not only with the specific behavior or circumstances that bring them [youth] to our attention, but also with their underlying, often long-term mental health and substance abuse problems.
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.
As evidenced by a review of the research and literature related to the juvenile justice system, in 2010 there were approximately 1.4 million delinquency cases in the juvenile courts in the United States annually, (Puzzanchera & Hockenberry, 2010). While there was a decrease in the amount of juvenile offenders from 2007 to 2011, in both New Hampshire and the United States, there is still a substantial number of children who are involved in the juvenile justice system in one way or another. A review of New Hampshire’s juvenile justice system has shown that the number of juveniles dropped from roughly 586 juvenile males, ages 11 to 17 in 2007, to 464 in 2011. Female crime has also shown a decrease with 281 girls, ages 11 to 17 in 2007, to 249
By law adolescents are not able to vote, purchase tobacco or alcohol, join the armed forces, or sign a legal contract. Children are not permitted the same rights and responsibilities as adults because the law recognizes their inability to make adult decisions. The law acknowledges that children are unable to handle the consequences that come along with the rights that adults have. By allowing them to be charged as adults is holding them to a double standard. Telling them that they are not old enough to enjoy the same luxuries as adults, but they can experience the same punishment as adults if they commit a crime. The law acknowledged the inability of children to make decisions but still allows them to suffer the same consequences as adults. Research demonstrates that transferring children from juvenile court to adult court does not decrease recidivism, and in fact actually increases crime. Instead of the child learning their mistake they are more likely to repeat it. Juvenile detention centers have programs that help reconstruct young minds and help them realize where they went wrong. Prison does not offer this same opportunity. (Estudillo, Mary Onelia)
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.