In Medina’s text, “Why the U.S. juvenile justice system needs serious reform,” she presents three main claims. The main claim is that the juvenile justice system is inhumane. The secondary claim is that the system is ineffective. Lastly, the third claim is that the system is expensive. In her first claim, in which she states that the system is inhumane. That stands for “Without compassion for misery and suffering; cruel.” She carries reasons why the juvenile justice system is cruel. The first example shows what occurs in the situations youth offenders end up in a detention facility. Maria Medina states “They spend more than 22 hours in solitary with nothing but a book or a Bible, and if lucky study materials.” Medina uses the rhetorical …show more content…
Every child deserves individual attention, and facilities that work with troubled children should have the necessary elements and tools to help them make a favorable change. According to webpage mtsservices “It has been proven to work and produce positive results with the toughest kids. It blends the best clinical treatments—cognitive behavioral therapy, behavior management training, family therapies and community psychology to reach this population.” It is based on evidence that the Multisystemic therapy helps children to stay out of trouble and build better relations with themselves and their families. Also, mtsservices states “Intervention effectiveness is evaluated continuously from multiple perspectives with MST team members being held accountable for overcoming barriers to successful outcomes.” This means that they really pay close attention to their patients by evaluating their continuous effort and developmental accountability. The juvenile justice system should take in consideration of adding the Multisystemic therapy system into their facilities to start making appropriate adjustments. Medina’s secondary claim is about the current juvenile justice system being ineffective. Medina believes that the current system is causing more negative repercussions than positive ones. For example, she references Holman and Ziedenberg, “Detained youth are more likely than non detained youth to end up going ‘deeper’ into the system.” This clearly
Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
Juveniles at CCJTDC are also not given the opportunity to exercise the third central human capability. It is evident they do not have the ability to move freely from place to place, and as mentioned before, are not secure against violent assault, including but not limited to sexual assault. One can argue that the general public is not guaranteed safety, and question why deviant misbehaved children should be protected from it. Although it is true children that have violated the law should not be rewarded, it is troubling for this to occur in a government run center. America is not a nation that supports abusive government authoritative figures over its people. Even given the circumstances, human dignity must still be maintained. The promotion
The United States sentences more juveniles to death than any other nation in the world (Justice, 2009) and our juveniles are being sentenced as young as ten years of age. These are juveniles being tried as adults, and something has to change and change fast. The younger generation is supposed to be our future leaders. How will our juveniles or the citizens of this country prevail if this continues we won’t be able to because most of our future leaders will be prisoner. (B, 2005)
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
The overall sense that the reader gets from this book is that growing caseloads, inadequate facilities, and arbitrary “get-tough” laws are rendering the juvenile justice system in California and elsewhere in America ultimately ineffective. Redeemable kids are sent to adult prisons to “criminal college” to become more hardened and violent instead of being rehabilitated. Extremely violent kids are kept within the juvenile system to be released at twenty-five, based solely on whether they are over or under the age of sixteen. Abandoned or neglected kids are sent to languish within a broken foster care system, to be raised in group homes with deplorable
The book; Just Mercy, by Bryan Stevenson, evaluates the ideas of false accusation of innocent people (pg.33), women unjustly treated in prison (pg.239), as well as, cruel and unusual sentences for crimes committed during adolescence (pg.256). In recent years, the punishment for adolescents has been analysed, questioned, and changed to help promote fairer trials for juveniles and minors. These harsh sentences are caused by; fear of increased violence in incarcerated adolescents (pg.159), differentiation of social class (pg.155), and racial discrimination (pg.154). In Just Mercy, on page 159, it states, “ Influential criminologists predicted a coming wave of ‘super-predators’ with whom the juvenile justice system would be unable to cope” (Stevenson
“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
There are three ways cases are sent to adult court, there is concurrent jurisdiction where certain cases can be tried in either juvenile or adult court, statutory exclusion, where certain offenses are automatically tried in adult court and judicial waiver where a hearing is held to decide whether the case will be transferred (Seigel & Welsh, 2011). While the process does differ from State to State there are some basic guidelines “…states that have transfer hearings provide a legitimate transfer hearing, sufficient notice to the child’s family and defense attorney, the right to counsel, and a statement of the reason for the court order regarding transfer” Seigel & Welsh, 2011).
Although based on the adult criminal justice system, the juvenile justice process works differently. Juveniles can end up in court by way of arrest, truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different steps including intake, detention, adjudication, disposition and aftercare following release from a juvenile correctional facility. In this paper we will breakdown the numerous steps involved in the juvenile justice process as well as compared some
There would be a constitutional issue because juvenile have certain constitutional rights at negotiation, such as the right to a lawyer and the right to challenge and interrogate witnesses, but they have no right to a trial by jury. The subject of juvenile’s rights is poorly defined in the courts, somewhat because the public as a whole has not decided how much independence to grant juvenile. When most juvenile’s supporters talk about juvenile’s rights, they are not stating to the same rights detained by adults, such as the rights to vote. Instead, they mean that more importance should be placed on juvenile’s standing as “regular persons” eligible of benefits under the law as providing in the United States Constitution and its Bill of Rights.
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
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
On the other hand, the advocates of the juvenile system believe that because children are not fully mentally or physically developed, they are not therefore accountable for their actions in the same way as adults (Ainsworth, 1995, p.932-933). Juvenile criminality for them is “youthful illness” brought about by external forces like environment or impoverished living conditions. Donna Bishop, an advocate of the juvenile justice system, encourages states to give these juveniles “room to reform.” She believes that a policy that is designed to discard youth in the middle of the transition to adulthood is uncharacteristic of a fair government (Bishop, 2000, p. 159). Supporters of this kind of reform program for juveniles are not amenable to the transfer to adult court