During colonial times, children were complete property of their parents; thus, the parents could request help from the state regarding the punishment needed to discipline their children (Hinton, Sims, & Adam, 2007, p. 466-468). People believed that the youth needed to be transformed into productive members of society through rehabilitative treatments (Bilchik, 1998). It was not until 1899, however, that the first official juvenile court was established in Cook County, Illinois to help troubled juveniles by providing them with free counseling and rehabilitative services instead of incarceration (Platt, 1969). In 1905, in Commonwealth v. Fisher, the Supreme Court concluded that it is acceptable and legal to have a Juvenile Justice System that …show more content…
Earl Sullenger (1934), if families have stability, then the communities have stability. There are several reasons that will cause a juvenile to be placed in a juvenile correctional facility and at times, the cause is attributed to the family. In Omaha, Nebraska, there was a study compiled of 125 cases which established the results of family involvement in crimes. Concerning those cases, in 20 the father had been involved in the Criminal Justice System due to some sort of misdemeanor. Accordingly, out of the 125 cases, 8 cases showed that the mother had been arrested for some sort of offense. Furthermore, out of the remaining cases, 22 confirmed that other children in the family had been involved in the Juvenile Justice System. Consequently, it was concluded that family stability at home will either positively or negatively influence a juvenile’s contribution to society. Moreover, the complied study in Omaha explains that the delinquent behavior was displayed more often in the absence of the father figure. In essence, the behavior was not strongly affected in either the boys or the girls, when they experienced the absence of the mother (Sullenger, …show more content…
Households that suffer from the loss of one or both parents greatly increase the probability of juvenile delinquency. Delinquency becomes a revolving door; therefore, the community along with the Juvenile Justice System need to work together on the implementation of rehabilitation programs. Based on the findings in the study, there is an indication that the lack of family stability hinders juveniles from being law-abiding citizens. Nonetheless, the other studies did not mention the juvenile’s family stability or lack of. Theories Glasser’s Choice Theory expresses in meticulous detail the ten steps that should be used to discipline juveniles in schools. However, it appears that these steps will only be successful if consistently used in the way in which they are described. Additionally, it is imperative that professional assistance is used accordingly so that the juvenile understands his or her choices. Also, Glasser believes that a person’s behavior consists of acting, thinking, feeling, and the belief that a person can choose a path towards happiness (Zeeman, 2006). Dependent Variable need 1.5 more
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 book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
Since the establishment of the first juvenile court in Chicago Illinois for over 100 years (Grisso, 199,813) ago, psychologists have continued to show a strong presence in juvenile proceedings and assist the juvenile justice system, as well as young people involved in it. a special court and the justice system for minors, partly in response to the recognition that adolescents, while clearly shows greater cognitive, emotional and behavioral capacities were established than their younger counterparts, do not have many of the skills that adults and relevant to the legal decision making and criminal responsibility (Otto and Borum, 2004) demonstrators. As a result, the juvenile court was to consider the criminal behavior of minors in context of development, with a greater emphasis on rehabilitation and decreased attention on the punishment (Zimring, 2000). Since the juvenile court was to focus on rehabilitation rather than punishment, the dramatic changes in the landscape of juvenile justice in 1966 and 1967, changing forever the denial of constitutional guarantees for minors. In its decisions in Kent v. United States (1966) and In re Gault (1967), the Supreme Court of the United States asked if the ideal rehabilitation of the
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
The challenges of children who grow up with parents whom were incarcerated at some point in their childhood can have a major effect on their life. The incarceration of parents can at times begin to affect the child even at birth. Now with prison nurseries the impregnated mother can keep her baby during her time in jail. With the loss of their parent the child can begin to develop behavioral problems with being obedient, temper tantrums, and the loss of simple social skills. Never learning to live in a society they are deprived of a normal social life. “The enormous increase incarceration led to a parallel, but far less documented, increase in the proportion of children who grew up with a parent incarcerated during their childhood” (Johnson 2007). This means the consequences of the children of the incarcerated parents receive no attention from the media, or academic research. The academic research done in this paper is to strengthen the research already worked by many other people. The impact of the parent’s incarceration on these children can at times be both positive and negative. The incarceration of a parent can be the upshot to the change of child’s everyday life, behavioral problems, and depriving them a normal social life.
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. Juvenile crime escalated to an all time high, and then started to decrease in 1995 when images on television, such as the Springfield, Oregon, rampage of 15-year-old Kip Kinkel who shot both of his parents and then two of his classmates. The impression of citizens in the United States was that juvenile crime is out of control. (Levinson) Now Juveniles are being prosecuted a lot more than adults in adult courts.
There is a huge need for improvement in juvenile representation that could lead to better outcome for the entire situation as a whole. The author says “the degree of punishment should be related to the individual’s state of mind, state of development, and the state of maturity” (___, 2014, p. 1118). All 3 factors should be used in determining the punishment and imposing the sentence that should be ruled for each individual defendant. The adolescent Intervention and Diversion Program (AIDP) directed by the author, “represents teenagers ages thirteen to eighteen charged in the adult court system with misdemeanors and felonies. Specially trained lawyers work closely with trained social workers to provide legal representation and education, foster care, mental health, and policy advocacy”(_____,2014,p.1118). The goal being to expand beyond what is usually being presented in courtrooms, putting the same amount of focus on the individual and the crime. Analyzing the lifestyle of a juvenile could form answers to the questions surrounding influences and the impact the crime had on them. In the Supreme Court case of Miller v. Alabama, “the courts [were able to] recognize that adolescents are less blameworthy nor the offenses they commit because they are less capable of evaluating the possible outcomes of different courses of actions and they are more vulnerable to external
The opposition believes that holding court cases where juveniles remain tried as adults undoubtedly violates the rights of the juvenile. Initially, the age of a person when the alleged crime occurred decides whether or not he or she will be tried as a juvenile. “Definitions of who is a juvenile vary for different purposes within individual states as well as among different states” (Rosenheim 36). Children, ages seven to seventeen, who are suspected of crime, must be treated as children in need of guidance and encouragement, and not as vicious criminals (Emerson 6). Also, the opposition feels that the juvenile cannot accept full responsibility for his or her actions. Some people insist that each minor who committed a crime was influenced in some way or another (Emerson 8). Not only does the opposition believe that the minor was influenced, but they also believe that the juvenile was not able to control his or herself (Emerson 8). In addition, juveniles have not yet reached the necessary maturity level to share a prison amongst other adults. Minors, isolated for punishment, do not deserve this radical treatment (Staff Report C13). Numerous lawsuits are filed annually to fight the improper incarceration of juveniles who were tried as adults (Staff Report C13). Most importantly, courts must not rely on prosecutors to prove that a child knew whether or not that the crime committed was right or wrong. “The court is exhorted to treat children brought before it with the same kind of care, custody, and discipline that they would receive ...
Families serve as one of the strongest socializing forces in a person's life. They help teach children to control unacceptable behavior, to delay gratification, and to respect the rights of others. Conversely, families can also teach children aggressive, antisocial, and violent behavior. In adults' lives, family responsibilities may provide an important stabilizing force. Given these possibilities, family life may directly contribute to the development of delinquent and criminal tendencies. Parental conflict and child abuse correlate with delinquency. Though not all children who grow up in conflictive or violent homes become delinquent, however, being exposed to conflict and violence appears to increase the risk of delinquency. At this point, researchers have not pin pointed what factors exactly push some at-risk youth into delinquency. A child with criminal parents faces a greater likelihood of becoming a delinquent than children with law-abiding parents. However, the influence appears not to be directly related to criminality but possibly to poor supervision.
“The history of the juvenile justice in the United States began during the colonial period” (Bartollas & Miller, 2008, p.5). “During this time span the family was the main origin of social control” (Bartollas & Miller, 2008, p.5). However, the Juvenile Justice system was developed by states because of the demographics in cities. In the 1800s, the state seeing the developing cites and the effect it was having on the young population, they had to develop a system control the youths.
The family role within the juvenile justice system is vital to both rehabilitation as well as reducing recidivism. The process of rehabilitation of a juvenile should involve the family more. The resources available to juvenile offenders can provide the assistance in the world to change the behavior of the child, consequently, if the family of the juvenile is not on the same page the juvenile will return to the same lifestyle bringing them into the system. A requirement for family involvement in the treatment of a juvenile offender should be mandatory.
“Family Life, Delinquency, and Crime: A Policymaker’s Guide,”compiled by the Office of Juvenile Justice and Delinquency Prevention, introduces us to the theory that the family structure is a precursor to delinquent behavior. The authors and research contributors cite various family “dysfunctions” that contribute to delinquent behavior. Some of the family dysfunctions that the authors focus on are; parental criminality, parental interaction, parental supervision, and single-parent families. Parental criminality plays an important role in relation to delinquency, but based upon the stdies reviewed, poor parenting appears to be among the most powerful predictors of juvnile dleinquency. A good parent/child relationship has a positive impact on desistance from delinquent behavior. Two researchers, West and Farrington, sum it up by concluding in their research that, “the fact that delinquency is transmitted from one generation to the next is indisputable.” (West and Farrington, 1973, p.109) They also conclude that poor parenting is linked with delinquent behavior.
The understanding of the behavior from delinquents is built upon the explanations that have been offered and the findings that have, in research, been revealed. Juvenile delinquency is defined as a behavior of a young individual that has been characterized by antisocial behavior. This kind of behavior is normally more than what the parents can control. When this happens, the juvenile is subject to legal action. These “juveniles” are typically between the ages of 10 and 18 and they have usually committed some violation of the law. Instead of being referred to as crimes, the acts are considered delinquent acts. There are also numerous ways that juvenile proceedings differ from regular adult proceedings. There are many influences that contribute
There are three classes (trauma theories, life course theories, and selection theories) in which help explain the relationship between families and delinquency. Many seem to believe that juvenile delinquency is a reflection of a weak family structure. In todays society many minors that are committing crimes come from broken families/households. By saying that I would consider broken households to include single parent homes, minors being raised by other family members or even minors having to find survival means for themselves. The blame cannot always be placed on the juvenile’s family but the family structure is a large contributor to one’s behavior.
“I think we attribute it [juvenile crime] to parents who need to pay more attention to their children,” Columbia County Juvenile Judge Doug Flanagan stated, “The problem almost always starts at home” (Mirshak 1). Simply not meeting a child’s emotional, mental, or physical needs can fall under the umbrella of “lack of parenting”; neglectful or abusive parenting is a definite example of a lack of parenting that can cause juvenile crime. Juvenile delinquency or crime usually refers to the violation of a law by a juvenile or minor (Gibbons 1). Parenting styles and crime rates are especially related when considering the criminal and antisocial behaviors of children and teens. The tight bond