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Essays O The Principles Of Restorative Justice
Punishment for juvenile crimes
Juvenile delinquency introduction of research
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Juvenile delinquency is major issue in the United States. Many studies have focused on trying to find ways to reduce juvenile delinquency. One strategy that has been studied in great depth is deterrence through harsh punishment accompanied by get-tough approaches. Those who support this strategy believe that the fear of punishment or the severity of the punishment will prevent juveniles from engaging in delinquency. Authorities fostered this fear through establishing mandatory minimum sentences, blended sentences and allowing waivers to adult court, to list a few. While these get-tough policies have a significant effect on how juvenile offenders are treated, these policies have little to no effect on future offending. The ineffectiveness of get-tough strategies stem from the fact that the juvenile justice system does not use effective forms of punishment, many juveniles do not respond to punishment in general, and the reasons or causes for delinquency are never addressed. In order to truly reduce juvenile delinquency, punishment must be combined with rehabilitation. Punishment in the form of restorative justice has the most potential for reducing juvenile delinquency. Restorative justice holds the juvenile accountable for their crimes and punishes them in meaningful ways. The punishment given in restorative justice is not focused on how long the sentence is or how severe the punishment is. Instead, restorative justice focuses on punishments that allow the juvenile to repair the harm that they caused, helps the juvenile to restore connections to others, and aims at addressing the cause of the juvenile’s delinquency. By making the offender admit their guilt and having them sit down for a conference with their family, friends, the vi... ... middle of paper ... ...or family experiences, then the treatment can offer them viable solutions to dealing with this stress. Delinquency is something that researchers and officials are always trying to prevent. Many strategies have been tested to see which approaches are the most effective. While some policies seemed to be good in theory, such as get-tough strategies, they are ineffective when put into practice. However, restorative justice strikes the perfect balance between punishment and treatment. Restorative justice holds the juvenile accountable for their actions but it allows the juvenile to make amends and learn from his or her delinquency as well. Restorative justice is the best approach to prevent juvenile delinquency because it deters first time offenders due to its consistent punishment, while also providing offenders with treatment, making them less likely to reoffend.
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
The Youth Criminal Justice Act has many concerns creating inequalities in the restorative justice approach. For instance, juvenile delinquents who develop from a background that is impoverished may lack the ability to satisfy the reparative objectives of punishment and may not be ready to be reintegrated back into socie...
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
The inappropriate or unnecessary use of incarceration is “expensive, ineffective, and inhumane,” and initiates a “cycle of juvenile reoffending” (Bala et. al, 2009). A study conducted by Mann (2014) exemplifies this cycle of youth reoffending. The youth interviewed demonstrated that despite a stay in sentenced custody, the threat of future punishment was not enough to deter from future offences. Cook and Roesch (2012) demonstrate that youth have developmental limitations that can impair their involvement in the justice system; for example, not understanding their sentencing options properly or their competence to stand trial. Therefore, deterrence as a justification for youth incarceration is ineffective, as incarceration proves to be not a strong enough deterrent. Alternative methods such as extrajudicial measures and community-based sanctions were considered more effective (Cook & Roesch,
Aftercare programs are used often with juveniles in hopes of preventing recidivism. Recidivism is of high concern to the criminal justice system in that the safety of the public depends on low recidivism rates. Juvenile Incarceration facilities have programs set up, such as education and pro-social behavior classes, to promote bettering the juvenile’s life. However, research has shown that the progress made while incarcerated slowly declines upon release. This is testimony to the importance of aftercare programs in preventing recidivism.
The Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
The goals of juvenile corrections are too deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges. The goal of deterrence has its limits; because rules and former sanctions, as well anti-criminal modeling and reinforcement are met with young rebellious minds. Traditional counseling and diversion which are integral aspects of community corrections can sometimes be ineffective, and studies have shown that sometimes a natural self intervention can take place as the youth grows older; resulting in the youth outgrowing delinquency.
Federal standards define any young offender under the age of eighteen who commits a crime is define as a juvenile delinquent. And the important differences between adults and young people, that a one-size fits all method is not desirable and will not make the situation better. Our justice system also accomplishes an important symbolic function by establishing principles of behavior. It formally defines the right and wrong for citizens and frees them from the responsibility of taking vengeance, thus avoiding the escalation of feuds within communities. The system protects the rights of free citizens by honoring the belief that individual freedom should not be denied without good cause.
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of
Introduction: Recidivism or, habitual relapses into crime, has time and time again proven to be an issue among delinquents, which thereby increases the overall juvenile prison population. This issue has become more prevalent than what we realize. Unless a unit for measuring a juvenile’s risk of recidivism is enacted and used to determine a system to promote effective prevention, than the juvenile prison population will continue to increase. Our court system should not only focus on punishing the said juvenile but also enforce a program or policy that will allow for prevention of recidivism. So the question remains, how can recidivism in the juvenile prison population be prevented so that it is no longer the central cause for increased juvenile delinquency? Simply put, we must create a means of measuring juvenile’s level of risk and in turn, form an effective rehabilitation program that will decrease their risk level for future recidivism.
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
Walgrave, Lode. Restorative justice for juveniles: potentialities, risks and problms for research : a selection of papers presented at the international conference Leuven, May 12-14, 1997. Leuven: Leuven University Press, 1998.
As stated by Bartol and Bartol “Juvenile delinquency is an imprecise, nebulous, social, clinical, and legal label for a wide variety of law- and norm-violating behavior” (2011, Pg 139). The juvenile delinquency term has come to imply disgrace in today's correctional institution. Our government is up hold to procedures and expected to come with a solution to solving the delinquent problem. An underage offender can be labeled a delinquent for breaking any number of laws, ranging from robbery to running away from home, and especially being involved in school violence. The following situations faced by correction officials when dealing with juvenile delinquents will be examined. Three main areas (child development, punishments, and deterrence tactics) will be briefly analyzed to give adequate explanation of the issue.
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.