Punishment and Sentencing Paper

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

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.

In the adult justice system the guilty person would face a trial by a jury. The jury would be given the evidence of the crime, decide if the person is guilty or not, then judge would make the final running. As well at the end of an adult trial a punishment would be handed out such as imprisonment sentence. Where in a juvenile case the judge would decide what form of rehabilitation the child would benefit most from and what would best likely help.

If adult and juvenile case procedures were the same many juveniles would have criminal records going into adulthood for minor offenses or even just mistakes in judgment that could affect his or her future. Adults have a better understanding of the laws and what is right and wrong in addition the consequences of their choices than juveniles do.

By allowing determine sentencing for juveniles, it gives the judge and TYC officials options. By issuing determinate sentencing and offering

The court process, probation and corrections will be affected as the need for alternative punishments will be necessary, however the main purpose will remain the same with a system wide focus on rehabilitation. A specialized juvenile court is best suited for deciding the fate and needs of juvenile offenders. The court will need to provide a sanction for the rehabilitation programs that best address the juvenile’s issues in lieu of or in tandem with the punishment that matches the crime. Juvenile probation will require ramping up as the case load will drastically increase as probation would be a necessary punishment to fulfill the need for victim justice.

First deterrence, society has learned that when a criminal act is committed, there is a price to be paid. They understand that the criminal justice system is serious in its commitment to punish anyone who perpetuates a crime against another person or society is going to be held accountable for that crime. Second we come to retribution. Once a crime has been committed there must be a cost incurred. Criminals understanding that they will be held accountable for their actions, and they will have to pay a price for their actions and that price will be enforce. Third is incapacitation, which is the most common type of punishment used within the criminal justice system. People understand that their freedom will be taken away and they will be forced to live in a very closed and restrictive environment. The last word is rehabilitation which can take many forms; some of the most common are aiding prisoners in acquiring their GED, attending drug programs, training in job programs and anger managements groups. The hopes

Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which

“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

According to Alarid (2015), the two most distinctive differences between adult and juvenile systems are the punishments given and the role of the judges in each system. Within the juvenile court system the judge, lawyers, and officer tend to play a more active role in the ruling than in an adult court system. The term parens patriae means the juvenile justice system does what is best for the welfare and safety of a minor who is unable to support themselves (Alarid, 2015). In a juvenile court, they focus more on the rehabilitation of the offender and give alternative punishments than in an adult court proceeding which would most likely give jail time. Another difference between the two is that an adult court gives the option for a jury trial

Rehabilitation efforts- When a juvenile gets into trouble the justice system makes it a point to try and rehabilitate the juvenile rather than punishing him/her. Sometimes the child is put into a diversion programs rather than being sent to a detention center or jail, but there are situations where a teenager may be tried as an adult depending on how serious the crime is. Juveniles will be tried in juvenile courts, whereas if an adult commits a crime he/she will be tried

The juvenile justice system is totally different from the adult system in United States of America. We often times find ourselves-forgiving our younger teens for the crimes that they commit but locking our adults up for the same crimes. In many cases some teens need the act of rehabilitation while others with more severe crimes need to be tried as adults. The juvenile system needs to find a way to better evaluate the younger generation serious or violent crimes. We need to figure out way these children commit that criminal acts they do.

The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus is on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also are easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice

Every justice system of criminal laws will rest on postulates or ethical theories. The adult system and juvenile system share differences and commonalities. For example, the juvenile justice system work toward rehabilitating the youths and not punish the juveniles. Adults and juveniles who admit to guilt have a procedural safeguard system to help protect his or her rights. This also includes hearings, right to appeal, and plea bargains. Juveniles and adults have the right to a counsel in a court proceeding. Due process given to juveniles and adults the same. Juveniles are not offered the right to a jury trial or public trial. Another safeguard is not housing juveniles and adults together, not to just to protect