To begin effectively determining a course or approach to juvenile punishment one must first consider the initial reasoning for the establishment of the juvenile court system. The “Best Interest of the Child” standard was created and consideration for the juvenile’s physical and psycho-social well-being was to be considered. (Silva, pg. 415) The establishment of Parens Patriae establishes the state as the “parent” for the child and is charged with the protection and restoration of a child. The need for establishing a treatment ethics based approach to juvenile punishment. Treatment Ethics are based on the idea that all criminal acts are symptoms of an underlying pathology, hence the idea of rehabilitation. Despite an increasingly retributive …show more content…
While juveniles are initially involved with the initial punitive portion of the process, there should be simultaneous development of an individualized treatment plan, testing/evaluations should be done to collect pertinent information and a through records review should be conducted. When we consider the cognitive and emotional development needs based on age, we must acknowledge the inability of juveniles to fully process and understand the magnitude and long reaching effects of their actions. Thus, it should be charged to the system a “parens patriae” to educate, therapeutically intervene and in doing so protect the juvenile long term. In this process the development of effective conflict resolution skills could be taught through a mediation of sorts, where the ability to avoid acknowledgement is taken away and an emotional restorative justice model is implemented. Essentially, the juvenile and victim would need to mediate and restore the psycho-social needs of all parties involved to include
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.
In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.
The purpose of sentencing is to ensure youth are held accountable for their actions focusing on a rehabilitation and re-integration approach, while ensuring youth are given an appropriate consequence. There are many differences to sentencing a youth than an adult. A young person lacks the maturity of an adult, and the youth justice system must reflect that fact. Some differences include accountability and level of maturity, rehabilitation and reintegration are strongly emphasized, increased protection on procedures, and the intervention is implemented in a timely
As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a
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.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.
Klein, M. (2012). Special Council on Criminal Justice turns its Attention to the Kids. Retrieved from http://www.mikekleinonline.com
Many young adolescents who have committed horrendous crimes have been a huge topic amongst the Supreme Court. Whether young adolescents are viewed as innocent, naive children to the public, this not changed the fact they can commit brutal crimes. In spite of the fact that adolescents have committed brutal crimes such as murder, one needs to understand that their brains are not as fully developed as an adult brain would be. Adolescents should not be trialed to a life sentence or attend adult prisons; however, they should be punished for their actions and undergo rehabilitation programs to help them be prepared to fit in with the rest of society.
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.
Chapter 15 in the textbook focuses mainly on juvenile justice. There are many subtopics under this chapter however, there was one topic in particular that attracted my interests. This topic was also touched on several times in the discussions board and it is the Preferential Treatments in Juvenile. These controversial treatments were specifically created and developed with a child’s best interests as a primary objective. The concept of this was introduce from the philosophy “parens patriae” which allowed the states to step in and take control of the problematic child. This philosophy was later developed and addressed by the Supreme Court around 1960’s and become today’s juvenile justice system. In this paper, I will discuss about the
When treating juvenile delinquency the goal is to punish or rehabilitate the problem children after they have offended and been caught. To punish is to induce pain or payment for misconduct, while rehabilitation revolves around productive work pertaining to a program of education, along with counseling of some nature (Musick, 1995, pg. 233). It is typically assumed that adolescents deserve and require distinct management because they are in their formative period; criminal behavior at this stage in their life will not necessarily follow them into adulthood. For this reason, rehabilitation has a particular appeal in reference to dealing with juvenile offenders (Treatment Programs for Juvenile Delinquents, 1999).
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 Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in,
The greatest asset a nation has is in the form of children which form a major portion of its population. So they should be allowed and provided opportunity to become robust citizens, and to grow up physically fit, mentally alert and morally healthy, being sufficiently endowed with skills and activations needed by the society. Equal opportunities for development to all children during the period of growth should be provided for reducing inequality and ensuring social justice, which in turn would serve as an effective tool to curb delinquency in juveniles. Children are expected to be obedient, respectful and imbibe virtues and good quality in them. Due to various reasons children do not follow settled social and legal dictum. Juvenile delinquency, as a legal concept is of recent origin. Juvenile delinquency is an integral part of criminology. The two cannot be separated since one of the reasons for crime and its continuance into adult life is the ineffective control and treatment of juveniles. Juvenile delinquency is a big breading centre of criminals. The word delinquency is derived from the Latin word “delinquere” meaning de i.e. away and linquere i.e. to leave thus, meaning to leave or to abandon. Originally, the word had an objective meaning as it referred to parents who neglected and abandoned their children. In present day, it is used and applied to those children who indulge in wrongful and harmful activities.