II THEORIES OF JUVENILE OFFENDING
A Classical
The classical theory of juvenile offending focuses primarily on the criminal act and suggests equal, and also fitting punishments for equal crimes. The classical theory of offending notes that crime is caused by the individual free will, human beings are rational and make decision freely and with the understanding of consequences. The classical theory can be separated into four key categories:
1. Voluntaristic
2. Right-wing libertarian
3. Rational choice
4. Traditional conservative
The voluntaristic aspect of the theory aims to locate the reason for the crime within the individual, stressing equality before the law and equality in the individual’s process of reasoning and decision-making. The right-wing libertarian perspective is based upon the theory of egoism, a notion of competitive ethos pervades this perspective. The theory of rational choice assumes that most offenders are rational and can be deterred from crime through the notion of punishment. The traditional conservative theory of offending argues that certain traditional values and intrinsic aspects of humanity are linked to offending and the establishment of order, discipline and submission to authority are key facets of preventing crime within society. Punishment is seen as an essential approach within this theory, it is seen as an essential part of deterrence establishing personal responsibility but also a symbolic representation to society.
The main idea
Crime have existed over many centuries, different eras affect the flow of crime and within those eras. Furthermore amongst individuals, there was different way of thinking into how to reduce and eliminate occurred. The act of crime cannot be eliminated, as different individuals have different perspectives of crime and for theses reasons, have different methods of advocating and eliminating crime. This essay will firstly explore the views of Classical Theory, by looking at Cesane Beccaria, the father of Classical theory and Jeremy Bentham, the founder of Utilitarian and explore how there influences are incorporated into laws and regulations, around the world. Secondly, Positivism theory explores the biological, psychological and environment
Beccaria: I have a different theory regarding crime and delinquency. In my opinion, all individuals possess freewill and rational manner, which means that they make rational choices based on that freewill (Lombroso 2002, pp.272-273). Rational manner is the explanation of the relationship between laws and crime as it means that individuals rationally look out for their own best interest and personal satisfaction. However achieving satisfaction may lead individuals into activities considered as crime by the society. This clashes with the interest of society to preserve the social contract and stop criminal behaviour through punishment (Greek 2005).
Edwin H. Sutherland’s formulation of differential association theory proposed that delinquency, like any other form of behavior, is a product of social interaction. On October 14th, 2002, 17 year old Lee Boyd Malvo was charged by the state of Virginia for two capital crimes: the murder of FBI analyst Linda Franklin "in the commission of an act of terrorism" and the murder of more than one person in a three-year period. Sutherland’s nine propositions of differential association best explains Malvo’s act for the following reasons: (1) Malvo learned how to commit each heinous crime through his social interaction within his intimate group, (2) Malvo learned the techniques to commit each crime through his mentor, i.e. learning the skills
There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happening and both courts sentence those found guilty to some sort of punishment through the punishment philosophy that the court determines is a suitable approach for preventing future crime.
The Deterrence theory is a key element in the Criminal Justice System. It’s principles about justice appeal to us because it adapts to our ideas of what we identify as fairness. Punish the sinful and the ones who break the law, swiftly, to the extent that pain will dissuade them from committing a crime ever again. Its sole purpose, to instill fear. Fear of breaking the law because of its punishments. We not only use this theory to punish criminals, but it is a basis in which we raise our kids and pets on, that breaking the rules can lead to consequences. The deterrence theory says that people obey the law because they are scared of getting caught and being punished. It is said that people do not commit crimes because they are afraid of getting caught, instead they are being motivated by some other deep need. In my paper, I will address the two theorists who re-conceptualized the deterrence theory, the principles and two types of deterrence as well as give short insight into my own opinions on the deterrence theory.
Juvenile delinquency is very prevalent especially among adolescents because studies have shown that during the time of adolescence that is when delinquency tends to increase and once adolescence has passed at about 17 years of age then it tends to decrease (Adolescent Delinquency, 2002). There are many factors that can contribute to the increase of delinquency during adolescence, some of the factors can be personality, mental disorders, genetics, economic status, environment, family, and culture among others, also to understand better the causes of juvenile delinquency the social control theory is the best theory to explain juvenile delinquency as a whole (Adolescent Delinquency, 2002).
In this essay, I am going to discuss what some of the ideas are when it comes thinking as to why deterrence does not work, which could be that the harsher the crime, the harsher the punishment for many of the crimes committed. It could mean that it does not work because the offender maybe becomes aware of the punishment. However, it could be because of the notion of impulsivity which connected and is almost everywhere within a society where there has been a connection to the idea of rational choices, which has a role when it comes to the way people have been thinking about committing the crime of any shape or form. However, there have been many reasons why it doesn’t work, because the offenders come from many different walks of life within a society. Therefore, the kind of crimes that have been done, which can then have associated with rational choices, which have people are connected to in society.
Juvenile offending is a concern in society today. Juveniles account for approximately 19% of the population but are responsible for 29% of criminal arrests (Cottle, Lee, & Heilbrun, 2001). Crime overall has been found to be decreasing throughout the last two decades. The issue is that the rate in which adult crime is decreasing is significantly greater than the rate in which juvenile crime is decreasing. Since the rate of juvenile crime is so high, juvenile delinquents are seen as predators and many believe they lack morals. The way in which media of today’s society constructs juvenile delinquency impacts the views of a community towards their youth and youth offenders. Media presents an inaccurate image of youth offenders as violent predators (Rhineberger-Dunn, 2013). This inaccurate image significantly promotes the myths that juvenile crime is rising, juveniles commit crimes that are primarily violent, and that juveniles are highly effected by recidivism and continue committing crimes into adulthood (Bohm, & Walker, 2013). It has already been stated though that crime rates have been decreasing over the last two decades so the first myth is refuted. The myth that juveniles primarily commit violent crimes is also very off. In most cases, juveniles are involved in property crimes and although there are some violent crime cases, they are very rare. When these rare violent crimes do occur, youth can be tried in adult court. The
The Classical and Neo-Classical theories are based upon the ideation of free will and rational choice. This theory occurs when the benefits outweigh the costs—when people pursue self-interest in the absence of effective punishments. They are simplex modules to follow when applying them to the role of individual responsibility. This theory further states that crime is a free-willed choice, that a person is aware of their actions, they are aware of their choice to commit crime. This is the theory of free will and rational thought. For instance, if a man robs a bank with complete mental awareness, he is aware of his actions.
In classical theory, the main objective of study is the offence and the nature of the offender is a rational, free-willed, calculating and normal individual (Aker, 2012). However, it became apparent that some were more motivated to commit crime than others, regardless of deterrence. Therefore, the classical doctrine cannot account for re-offending. Based on empirical research done on convicted offenders, the notion of deterrence was rarely given thought of (Burke, 2013). Initially, most offenders give a lot of thought to the notion of punishment; however, in the process of committing the offence, offenders give little consideration to deterrence and consequences. As a result, this defies whether the purpose of deterrence is, in fact, achieving what it is meant to (Burke, 2013). The model is idealistic, that individuals could be controlled by the threat of punishment- by the likelihood of arrest, prosecution and
The punishment of juvenile criminals, specifically those between the ages of 13 and 18, in the event that they commit crimes of murder, is not severe enough. Minors between these critical ages in the teenage life who commit crimes of murder should be prosecuted as adults in all situations and locations.
Through an understanding of causes of juvenile delinquency society may come to deal preventively with delinquency; certainly treatment of the offender needs to be based upon an understanding of the causal mechanisms that have produced him. In this paper we'll describe three theories of juvenile delinquency such as Social Learning Theory, General Strain Theory and Behavioral Theory and discuss appropriate preventive programs based upon these theories.
This assignment will illustrate that by understanding the fundamentals of combatting juvenile delinquency and applying the theories to command practice will enhance the overall knowledge of the material. This document will demonstrate the juvenile delinquency reduction efforts and programs currently in operation in the Tampa area community. In addition, I will propose ways to improve the Tampa area community’s juvenile delinquency prevention efforts. Next, this paper will attempt to apply the main sociological theories that underlie these interventions that shape the community’s public policy for delinquency prevention. Finally, this paper will identify an appropriate strategy geared toward preventing delinquency that in consistent with the Behavioral theory.
The neoclassical theory is a revision of the classical school when it comes to factors that might inhibit the exercise of free will. The theory defines criminal behavior as a rational choice; however, the theory didn’t examine every type of crime. Neoclassical focuses on crimes that are often violent or uncontrollable, and committed by offenders who appeared incapable of remorse. (Bohm & Vogel, 2011 pg. 21) They believed that in order to deter, reduce, or eliminate crime, it needed to begin with stricter child practices, enhanced punishments, and increased surveillance and security. When it comes to the punishment of crimes, the punishment needs to fit the crime.
Deviance among adolescents in our society has many different causes and multiple theories throughout the history of criminal justice have been developed to attempt to explain, prevent and reduce incidents of status offenses and juvenile delinquency. There are theories varying from individual, to social and environmental. All of these theories have their merits and contribute in one way or another to the advancement of the understanding of juvenile delinquency and the treatment and prevention of delinquency within our society. Those that have proven to be successful we have applied in our justice system while those that are proven over time to be ineffective or defective we have discarded. There is no single theory that applies to all delinquent behavior in all situations. It is best to determine what theory may work best in each specific case based on the individual and the specific situation. Dodge’s information processing theory of social problem solving (Crick and Dodge 1994) was developed by Kenneth Dodge in an attempt to explain the interaction between the child’s cognitive development and their social environment. This theory combines elements of both the individual and the social environment and examines how these two variables interact with each other to present a model for juvenile delinquency. During my investigation of this topic I discovered that an adapted model of Dodge’s theory existed that seemed to be more encompassing of the causes of juvenile delinquency,