Parens Patria Research Paper

Juvenile delinquency: an act committed by a minor that violates the penal code of the government with authority over the area in which the act occurs (Bartollas and Schmalleger, 2008) pg.2. In chapter one, we are introduced to what a juvenile delinquent is, and all of the issues that come along with them. This chapter goes on to define adolescents which is “the life interval between childhood and adulthood, and usually the period between the ages of twelve and eighteen.” It is said that “those

When a juvenile commits a crime, it is not considered a crime, however it is considered juvenile delinquency. A massive problem throughout the US is juvenile delinquent acts. Juveniles acting out in a delinquent manner can be caused by many things. However, there is not just one reason why a juvenile may commit these acts. Instead there are many reasons that could lead up to delinquency. In this essay, I will be discussing a few theories as well as ways juveniles may receive treatment.

What is a Juvenile? A juvenile is a person who has not reached his or her 18th birthday. Juvenile delinquency is the violation of a law of the United States committed by a person prior to reaching 18 years of age, which would have been a crime committed by an adult (office). There are many residential programs put in place all over the country to help these youths that are coming in and out of the Criminal Justice system. Once these Juveniles come out of jail, or get released on bond, they sometimes do not have a stable place to go to and live. As these youths are leaving the jail facility there are a wide variety of residential programs to help them get back on their feet. These residential programs include Out of home placement in an institutional or camp like setting, or they might be eligible for an alternative placement, such a community confinement. (programs)

Juvenile Delinquents are being incarcerated at earlier ages as time progresses. The term delinquent speaks of two or more youths, typically amongst the ages of ten and seventeen years old, who are involved in doings well-defined as illegal. The study of juvenile delinquents in inner city Chicago have been studied for many years and the rates continue to sky rocket as juveniles are being locked down by the justice system. Cases of violence amongst juveniles has been increasing rapidly in the past 20 years, juveniles are now linked to severer crimes, and it can be speculated that regardless of efforts of rehabilitation that the recidivism of juveniles relapsing is very great. Thus leading to physiological and mental problems that can be damaging to the youth as

According to Juvenile Courts, a juvenile is classified into three different groups. The first group is considered a Delinquent. A Delinquent is a person who is under age (usually below 18), who is found to have committed a crime in states that have declared by law that a minor lacks responsibility and thus may not be sentenced as an adult (Legal Dictionary). Another term a juvenile can be referred to be a status offender. A status offender is a juvenile charged with or adjudicated for conduct that would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult (Act 4 Juvenile Justice). Finally a Juvenile can be identified as a dependent and neglected child. These are usually youth that are deprived and in need of support and supervision (Cliff Notes)

Today, the juvenile system primary goals are crime reduction and rehabilitation. The juvenile officials must assess whether youthful offenders are likely to commit crimes in the future and whether they can benefit from interventions. If these kids cannot benefit, then they will most like end up a delinquent. In most states delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at that time (Virginia Rules). Most states allow youth to remain under the supervision of the juvenile court until the age of 21, but this depends on the type of crime that was committed. There has been many times where a juvenile case was transferred to an adult criminal court. This would have to be done thru a process called a waiver. A waiver is when a judge waives the protections that the juvenile court provides (Larry J. Siegel). Cases that

Juvenile delinquents are minors, usually defined as being between the ages of 10 and 18, who have committed some act that violates the law. These acts aren’t called “crimes” as they would be for adults. Rather, crimes committed by minors are called “delinquent acts.” Instead of a trial, the juvenile has an “adjudication,” after which he/she receives a “disposition” and a sentence. However, juvenile proceedings differ from adult proceedings in a number of ways (Reuters, 2017). Delinquent acts are put into two categories. The first category of a delinquent act is one that would be considered a crime had an adult committed it. Given the serious nature of the crime(s), some jurisdictions will try young offenders as adults. The second type of delinquent act is age related or “status crimes” meaning that the crime(s) wouldn’t normally be performed or committed by an adult. For example, staying out past curfew or skipping school known as truancy is an act of a status crime or age related crime.

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.

Delinquent acts must be carried out by “children who fall under a jurisdictional age limit” (Siegel, 2016, pg. 585) to be labeled as a juvenile delinquent. These acts can include, but are not limited to, property crimes such as burglary or larceny, and violent crimes such as murder or rape, however, if the individual shows little chance of rehabilitation in the juvenile system, and they meet the appropriate age, they may be treated as an adult. “Juvenile courts typically have much broader powers to determine a juvenile sentence, known as a disposition,” therefore the sentencing of delinquents will differ greatly from the sentencing of adults. (Theoharis, n.d) The sanctions on delinquent acts can include restitution, detention, probation, or

“Parens patriae” is a Latin word which means a parent for a country. In this legal set of guidelines, the state can acts as a guardian for individuals who are unable to care for themselves, such as children. In this policy, the state act through a Juvenile Court Judge when a child is delinquent, abandoned or need parental care. Also “Parens patriae” occur if the natural parents are incompetent to control their children. In this case the juvenile justice system design a program that will fit into the kids lifestyle as should have been done by his or her natural parents.

The rising viewpoint of the child savers was that of parens patriae which said that the state had an assenting duty to get involved and care for the less fortunate kids. In 1899, the first court devoted to hearing cases with juvenile delinquents was developed by the Illinois Legislature. The procedures in the juvenile court were much different from those of the criminal courts. The child would be accused of a crime they committed, but they were offered help, treatment, and direction (Myers, 2008). Juvenile hearings were held in private and the juvenile’s records were kept sealed to avoid the disgrace of a criminal conviction. Since the juvenile courts rejected punishment, they were allowed to have jurisdiction on things adult courts did not consider crimes. These offenses could be anything including truancy, disobedience, bad language, immorality, and vagrancy. Under parens patriae, the juvenile court was allowed to use wide range discretion to resolve the troubles of juvenile offenders and rejected the official procedures of the adult

It tried to explain the view that children were fully responsible for their conduct and were able to be rehabilitated. Parens patraie remains the base of the juvenile justice system across the country. Then, like now, juvenile court was designed more to protect the child than to punish bad behavior.

When a juvenile commits an act that would be criminal if committed by an adult, the juvenile is determined to be delinquent. Delinquent acts may include crimes against persons, crimes against property, drug offenses, and crimes against public order. Delinquency prevention efforts seek to redirect youth who are considered at-risk for delinquency or who have committed a delinquent offense from deeper involvement in the juvenile justice system (Deling, 2014).

Delinquent behavior is not good for anyone, whether that is to the child, parent or institutions. When an adolescent is involved in delinquent behavior they may be involved into minor offenses, property crime and violent

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