Due to the increased recognized differences between adults and juveniles in terms of needs and developmental capabilities, offender’s treatment differ depending on whether they are treated in an adult or juvenile court. In the adult court jurisdiction, public safety and retribution are the most salient tenets while in the juvenile courts the best the intentions are intended towards the best interest of the child focusing on rehabilitation. The best goals and objectives of the juvenile court sanctions aim at ensuring that the youth in trial at the juvenile court desists from delinquent behavior and thus easy to be reintegrated in the society once more. This fact is mainly achieved through offering the youth individualized case management programs
that in most cases include vocational and educational training and other individually tailored rehabilitation programs and services. The issue of housing juveniles who have been charged in adult court is an issue since it affects the safety of the incarcerated minors and the prospects for rehabilitation. Exposure to adult inmates subjects the youth offenders to a certain threat that affect the rehabilitation of the minors and the possibility of involving in similar activities once released. Socializing with adult criminals may enhance the criminal skills already established in these minors. The minors may develop and adopt sophisticated criminal skills or even get entrenched in the crime culture and hence become persistent criminals. Given the fact that youth are influential during the adolescent period, it can be argued that adult criminals can train these youth offenders to be more deviant. Additionally, minors who have adult criminal’s inmates experience sexual and physical abuse that accounts for the increased numbers of suicide rates among the youth housed in the adult facilities compared to those in the juvenile housing setting (Grisso et al. 2003). Youth who engage in criminal activities are criminals. All crime committed by the juveniles should be treated in the same magnitude as those committed by adults. The main aim of eradicating criminal from the society is to enhance peaceful coexistence among people to aid development. In this regard, individual who fail to fit in this setting should be eradicated regardless of their age and made responsible for their actions. Releasing murderers, rapist, and other criminals from jail after serving a lenient and short sentence does not rehabilitate them in any way.
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
Handling a young fragile mind can be difficult; but studies have shown therapeutic rehabilitation is key in not causing unrepairable damage. The majority of youth offenders has been exposed to harsh environments and rough upbringings. Years of exposure to violence and neglect can create a sort of brain-washing. It is imperative to focus on important aspects of life in order to transform the mind of the juveniles. An efficient method that involves keeping the juvenile in the community is referred to as multisystemic therapy. “Multisystemic therapy is an intensive therapy program which focuses on numerous aspects the delinquent’s life: family, school, social and other unique factors which may relate to the behavior” (May, Osmond, and Billick 298). When using the multisystemic approach juveniles decrease association with other delinquents, juvenile and adult. The therapeutic method gives an individual approach on focusing deeper on the root issues and helps the juvenile renew their minds and thought process. In the end, adopting multisystemic therapy decreases the likelihood of the youth continuing in a criminal
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
What is important to understand in terms at the difference between the juvenile and adult system is that there is a level of dependency that is created tween the two and the juvenile system focuses on how to help rather than in prison individuals at such a young age. However, it usually depends on the type of crimes that have been committed and what those crimes me for the families and how they impact of the greater society. The adult system distinguishes between dependence and delinquency mainly because there was a psychological transition that occurs with juveniles that is not always a predictor of a cyclical life of crime. However, if an adult is committed to the justice system there can be a dependency of delinquency and a cycle of crime that is more likely to be sustained at that age and level of cognitive ability then in comparison to a juvenile. The reasoning behind this is important is that is focused on maintaining a level of attention to the needs and capacity abilities of individuals living and working in different types of societies (Zinn et al.,
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.
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
In conclusion, the development of the juvenile justice system resulted from social development and human needs. By modifying and integrating, the legal authorities have made the legal system more efficient and just for the young people, providing that necessary punishments are executed for the criminal acts while protections are given to the ordinary youth. It is believed that the stability of a society depends on a sound justice system.
This is a prologue to Adolescent Equity in America.Since the 1990s youth wrongdoing rates have plunged. These falling wrongdoing rates have driven numerous purviews to reconsider the corrective adolescent equity homes that ended up noticeably prevalent in the 1990s. Today, states are initiating major systemic changes intended to lessen institutional control, close old nineteenth century time change schools, and grow group based interventions.In the mid eighteenth and late nineteenth century, courts rebuffed and bound youth in prisons and prisons. Since less different choices existed , youth of all sexual orientations and ages were frequently unpredictably restricted with solidified grown-up hoodlums and rationally sick in substantial stuffed and haggard correctional organizations.
Once a juvenile, in this case Colleen M, goes into the juvenile justice structure, she goes through the intake procedure, detention, adjudication, disposition and aftercare (Scholte, 2002). The initial stage is intake. The intake procedure is also recognized as prosecution in the adult courts. In this stage, the court or prosecutor establishes whether to prosecute the case in juvenile court. Factors looked at this stage include; the proof of the crime, the gravity of the crime, the delinquent’s preceding unlawful and court history and the success of rehabilitation appraisals of the juvenile. Rooted in societal and legal results, the case might be discharged, taken care of off the record or an official trial may be applied for. All through the intake processing or before an official disposition, the youth might be put in a detention facility. Detention may lengthen to the official trial, or after adjudication.
When a juvenile commits a serious crime the juvenile falls under a series of categories regarding the specific transfer laws to adult court. According to the National Conference of State Legislature twenty states currently, have statutory exclusion which indicates that
The original jurisdiction for prosecution in juvenile court depends on the state, typically with an upper age of fifteen, sixteen, and/or seventeen. In the juvenile courts, violations of criminal law are referred to as delinquency cases. In 2009, US. courts with juvenile jurisdiction handled more than 1.5 million delinquency cases (Hockenberry & Puzzanchera, 2014). In a 2012 landmark decision, the United States Supreme Court struck down laws that mandate a life sentence for convicted juvenile offender which was Miller v. Alabama. The Court held that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition of “cruel and unusual punishments” and that a “judge or jury must