We have reached a crisis in dealing with juvenile offenders in this country. Children who find themselves on the wrong side of the law must bear the legal consequences to ensure that they obey societal norms. The question is: what theory forms the legal basis for legal action against these troubled young offenders? Will the courts apply the deterrence theory by sentencing them to harsher punishments, or will they apply the rehabilitation theory by passing lighter orders?
Many juvenile programs and facilities are adopting the adult model of surveillance, and many facilities are being renamed correctional institutions to reflect a “get tough” philosophy. But are these new approaches the best ways to deal with juvenile crime in the United States?
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Children are a subject all on their own. Would you put a third grader in a sophomore class because he or she has the same behaviors of one? Juvenile delinquents have better prospects for rehabilitation compared to that of the adult offender population for numerous reasons. One is being juveniles’ have a lower guilt factor than adults (Ameen, 2012). Also when discussing culpability and consequences, the law views children free from those (Velez, 2009). Those who favor rehabilitation is not making an excuse for culpability, rather showing that juvenile offenders are responsive to rehabilitated treatments in many ways that adults are not. They are also realizing that deterrence through the punishment use of incarceration is ineffective in in decreasing juvenile delinquency and recidivism.
With that said, it should be clear that children are not adults, and should not be treated as such. Children should not be looked upon by the public as enemies, yet they should at least have understanding, give guidance and protect them (Samuri, 2013). Rehabilitating children does not mean that justice will not be achieved. It does not mean that the victims and public safety will be put on the back burner. It means that our system has been successful in incorporating rehabilitation and restorative justice in a manner that protects society and the well-being of the
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Knowing that they will not being going home any time soon and away from family makes juvenile delinquents look for inside gangs to join in order to stay protected and fit in. when a juvenile is placed in a hostile environment they begin to adopt aggressive and negative behavior that is considered norm in that kind of environment (Conlon, 2008). Many juveniles rely on shanks or other weapons as a means of survival. These juveniles portray themselves as something they are not because of “fear” of not living to see another day. How can rehabilitation be possible let alone achieved in such a dangerous environment? I am not asserting that the juvenile will live a life full of crime once released from incarceration. However there will and are lifelong negative effects that juveniles’ are left with compared to positive affects if given rehabilitated treatment. Survival skills that juveniles use in prison are the complete opposite of what they will need to be productive
For starters, children in the juvenile correction system are not rehabilitated for drug addictions or treated for mental health conditions. Being incarcerated does nothing positive for them. These children become stuck in the cycle of arrests and reoffending, in which every time they are brought back to a facility it is now exponentially harder for them to return to be a functioning member of society. In fact, there are kids who have been trapped “in this system for decades” (Mayeux). Obviously juvenile detention policies do not work, or these children would have been reformed and not have been in the same situation for so long. Young adults stuck in this cycle get released and then are immediately back where they started when they break another law, harming the teenager’s future, and endangering public safety (Mayeux). Society, in fact, would benefit from a rehabilitory stance on juvenile crime instead of a punishing one. Juvenile detention intervenes in these at-risk children’s lives in a way that actually turns them into criminals, by imposing stereotypes on them, and treating them like they are dangerous, and not worth fixing. The American perspective on juvenile crime needs to change, because the current program is not benefitting at-risk children, or
If we continue to focus on punishment over rehabilitation, children are going to continue to rebel and spend the rest of their lives in and out of prison. Further changes in the criminal justice system are necessary to bring about real change. Sentencing rules should be altered with an emphasis on rehabilitation methods, in order to remove severe consequences for small
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.
There are times juveniles should not be convicted as adults because sometimes the “crimes” may not harsh enough to be charged as an adult. For example, if a 8 year old saw a gun in their mother's purse and thought it was a toy and grabbed it and began to shoot who would be at fault ? Plus children in adult prisons are 10 times more likely to be taken advantage of in their time. Research shows that children prosecuted in the adult criminal justice system are more likely to reoffend than those held in the juvenile justice
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
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.
The goals of juvenile corrections are too deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges. The goal of deterrence has its limits; because rules and former sanctions, as well anti-criminal modeling and reinforcement are met with young rebellious minds. Traditional counseling and diversion which are integral aspects of community corrections can sometimes be ineffective, and studies have shown that sometimes a natural self intervention can take place as the youth grows older; resulting in the youth outgrowing delinquency.
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 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
Many of those who are in favor of prosecuting juveniles as adults believe that the juvenile justice system is too relaxed. Therefore, they believe that juvenile offenders don’t recognize the seriousness of their crime. But should the punishment
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)
Most of the time, the system has proven itself to be unsuccessful in dealing with juvenile crimeMost often, the system is unsuccessful. “There are kids who are five times more likely to be raped or otherwise sexually assaulted in adult prisons than in juvenile facilities. The risk of suicide is likewise much higher for juveniles in adult jails.”(How to reduce crime Pg 3). When juveniles are sent to jail, they are still relatively impressionable from people in the prison, and may go back into crime after they’re released, hindering rehabilitation and just creating another violent criminal in the world. The court sentencing the criminal is also at
In recent decades, juvenile crime has become somewhat of a controversy due to the young age and immaturity of these criminals. Incidences of juvenile crime skyrocketed in the 1980s and 1990s, and policymakers pushed for laws that sent children as young as thirteen years old to trial, and even made them eligible for prison sentences. The general public has expressed a common desire to reduce the incidence of juvenile crime and find effective legislation to discipline these youths, but there are questions about these methods. What is more effective, incarceration or rehabilitation? Does criminal punishment intimidate more youths away from a life of crime, and would productive rehabilitation efforts influence these youths to becoming more valuable members of society?
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
It may seem shocking that America has one of the highest crime rates per capita compared to other similar industrialized nations. Over the years, there have been many discussions and efforts in order to reduce this problem. Perhaps one of the more sensitive issues when discussing crime in America is the problem of juvenile crime. Recently, juveniles make up 3% of all felonies committed each year and 6% of all violent crimes (criminamerica.net). These statistics have troubled politicians for decades as they have worked to find a solution. Starting in 1994 the Clinton administration started putting stricter punishment on juvenile offenders, but it was quickly realized that this harsh punishment may not be the best solution. Various studies and programs put into action have shown that early prevention in a child’s life is much more effective and more cost efficient in reducing crime. Because of these efforts, juvenile crime has reduced 68% since the violent boom of the 1990s. In light of these discoveries, it is important for states to focus on these results in order to reduce crime.