The Current Debate On The Juvenile Justice Act Essay

The court decision was influenced by Graham and Roper cases that established for sentencing reasons children are different from adults under the constitution. Children lack maturity and have no developed sense of responsibility. This leads them to be impulsive and reckless. In Roper it was held children are exposed to outside pressure and negative influences from friends. Therefore, they have less control of their environment because the child’s nature is not2 well informed. Graham and Roper emphasized distinguishing traits of children weakening justification for inflicting harsh sentences to juveniles even when they commit outrageous crimes.

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 Delinquents Act brought some positive impacts on many young people who went through the juvenile justice system. However, many flaws appeared in this Act after a period of time. "Under the JDA, there were a number of differences in provincial prohibitions, variations in maximum age limits, and a wide range of financial commitment" (Covell & Howe, 1996, p.346). The juvenile offender under this law, which built a level of discretionary regime, had few rights with regards to the welfare. In addition, according to Makarenko, there was another limit of this act – the law did not charge against children by defining different circumstances, instead, it charged children with delinquency. The law offered judges with a great deal of rights in sentencing juvenile delinquents (2007, p.2).

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.

The Juvenile justice system has changed over the years. Before the first establishment of this system, courts and judges treated juveniles as adults and sometimes received the same punishment as adults. For many years, there were debates on if children before the age of 21 were responsible for their actions seeing as they aren’t fully capable of understanding their actions. This murder of Jamie Bulger created an uproar all over the world on children at such a young age know right from wrong and also violence. Backgrounds, and family upbringing and violence in the media had played a

Reform struggles began in the 1960’s and it had changed the appearance of the juvenile justice system. New York passed legislation in 1962 which made a family court system. This court system took on the responsibility for all concerns which involves family life and heavy concentration on delinquent and neglected youths. The PINS (person in need of supervision) and CHINS (children in need of supervision) were also created by legislation which contains issues like truancy. When utilizing these labels it sets jurisdiction over youth, juvenile courts extended their roles as social agencies. The 1960’s and 70’s the juvenile justice system was changed when it released cycles of decisions that established the right of juveniles to receive due process of law as mentioned above. The goals of were to a) remove youths from incarceration at adult prisons, b) eliminate incarceration of delinquents and status offenders. In 1994, the Violent Crime Control and Law Enforcement Act provide 100,000 police officers and billions of dollars for prisons and prevention programs for adults and youth offenders, (Siegel, L.J., & Welsh, B. C., 2012). The juvenile justice system today maneuvers jurisdiction over delinquents and status offender. The delinquent youth fall under jurisdictional age limit which is different from state to state and the condition of act committed in violation of penal code. Status offenders are defined as youths in need of supervision.

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 U.S made legal history in 1989 when the world’s first juvenile court opened in Chicago (Rank, J.) Since 1990 many states have also adopted the “get tough” approach to juvenile justice as a response to the increasingly violent crimes committed by children.

Today’s juvenile court system handles most cases involving those under the age of 18-year-old. This was not always the case and the ideal of a separate court system for adults and children is only about 100 years old. When looking at the differences that set juvenile courts apart, it is important to study the history and see how it developed over time.

The overwhelming majority of juveniles are involved in impulsive or risky, even delinquent behaviors during their teenage years. However, the majority go on to become very productive citizens who do not commit crimes. In order for this to continue the government established the Youth Criminal Justice Act (YCJA) which gives young offenders a chance to better themselves, and. By doing so, the YCJA helps teach youth that their actions are unacceptable and the punishments imposed are lesser then an adult. Through the analysis of their unacceptable actions, lesser punishments and a better future, it is clear that YCJA is highly effective at giving youth a better chance in society.

“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

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

Within this paper the writer will be discuss the public policy on Juvenile Justice Reform. Within the paper the writer will describe the issue, tell if the policy a regulatory or legislative-initiated policy, and who initiated the issue or policy. Also the writer will discuss is there a constitutional issue, and how will the issue or policy affect the community, the accused, and the victims and a conclusion at the end of the paper.

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.

Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).