Various laws have developed which aim at investing and diversion into community based as alternatives to incarceration. State legislative actions, in the recent past, have diverted the nonviolent juvenile offenders from criminal or juvenile justice systems through pretrial diversion and the local community based programs. Rather than confining the juveniles in the state correctional facilities, they are sent into community-based programs where rehabilitation continues. Through this reallocation, the country saves money that can be directed towards developing community-based treatment programs. Indeed, in many countries realignment strategies that move fiscal resources from the juvenile state institution into the community based services have …show more content…
Confined juveniles include those at the reception centers, training schools, jail among others. Detention reforms laws have reduced the time in which a minor has to be detained before appearing to the court. Risk assessment tools and instruments have been used at the detention admission screenings to measure and analyze the offender’s individual treatments, and need for specialized treatment. Today waiver has developed where youths are directly transferred to the adult criminal court based on the combination of both the age of the youth and the offense. This includes prosecutorial direct file where the district attorney files a motion to charge the minor in an adult court directly and a judicial waiver where the judge decides that the minor is not likely to benefit from the jurisdiction at the juvenile courts and hence has to be transferred to the adult court setting for jurisdiction. Automatic transfer of juveniles developed in a certain part of the world where youth who are aged 14 years of age or older and are responsible for committing certain serious crimes such as rape are directly transferred for charges in the adult courts. In other cases, direct transfer are implemented where the juvenile offender is 16 years or older and has two consecutive felonies on criminal records. Several sovereign states of the world have developed legislation that allows the juveniles to be directly charged at adult's courts without comprise (Griffin, Torbet, Torbet, & Szymanski,
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.
There are numerous community based corrections programs available in the juvenile justice system such as: drug court or substance abuse treatment, mentoring, independent living transition services, community service, mediation or restitution, group home placement, functional family therapy, job training or work programs, Electronic Monitoring System or Global Positioning System,
The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver.
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.
When people think of reform movements, they often look for one key sign, and ask one key question of whether that the reform was a success. Did the reform create a lasting change in the way people view the institution that was reformed? All the great reformation movements, from Horace Mann and his education reforms, to Martin Luther, and the Protestant Reformation, to the civil rights movement, all created lasting change in the minds of the average person. One other reform, often overlooked historically is the Prison Reform movement. As the world shifted from 18th to 19th century ways of life, many key aspects of life underwent tremendous change. As the United States gained their independence from Britain and began to shape their own identity, the reforms and revolutions that occurred in this infantile stage of its history played an immeasurable impact on the future of the entire country, with the most notable and impact reform being the reformation of prisons from the 1820s until 1860.
There are two pathways that juvenile facilities are divided into first are detention centers and second are correctional centers. Detention centers hold juvenile during the pre-adjudication phase of the case or in rare cases post-adjudicated juveniles for example, they are waiting for a placement into a residential program. Pre-adjudication refers not having the court hear facts supporting the allegations against the juvenile whereas post-adjudication refers to having been found to have committed a delinquent act by a judge. Some reasons that young people enter into detention centers include: perceived to be at high risk...
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.
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.
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.
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).
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.
The basis came from Shelden (1999) which states that “youths’ exposure to the justice system may be more harmful than beneficial”. Moreover, It was believed that children who were diverted to community based intervention are less likely involved in future delinquency (Whitehead & Lab, 2001) In the book, Juvenile Delinquency: Prevention, Assessment, and Intervention; It highlighted that diversion is beneficial to the youth, community, and society. Furthermore, It also discussed that diversion fill the gaps of the formal juvenile justice system that diversion effectively reduced the labelling and stigmatization and the rate of recidivism. It also serves a deterrence, a net widening – where youth are given vast number of services rather than the prescribed number of service, and a balanced and restorative justice – where children are made accountable to their actions, to the community and the society as whole. One of the recommendations are to further improve the programs and services given to CICLs. It would also be better if they will be engaged in a community-based intervention. (Redding, et.al,
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
This is a hearing since the juveniles do not stand before a trial. The hearing will be scheduled by the intake officer. While proceeding to the court, the judge may talk to the people concerned about the juvenile, evaluate any evidence that was collected if a crime was committed or any other complaints against the juvenile, and consider the youth’s previous history if any crimes were committed and how many times the juvenile has been in trouble with the law. The judge will then order an outcome which can result in probation, institutionalization, formal diversion, or even holding the juvenile for charges against him or her. Probation is supervised and the juvenile must stay at home or in a community setting, but must report to his or her officer regularly. The juvenile must follow all probation conditions granted by the court such as obeying the laws, staying in school, staying away from drugs and alcohol and other requirements instructed. Institutionalization is a form of detention system that is to rehabilitate deviant youths. They also serve as a protection for at-risk youths. There are two types of Juvenile institutions: Long-term correctional and short-term temporary care. Long-term includes, for the most part, training schools, youth ranches and camps, and boot camp. They also usually place male and females separately. Short-term facilities include jails, shelters, detention homes, and reception areas. In the facility you also
The majority of youth can be served by these community-based services. Too often incarceration is used as a first step rather than a last resort. By using the money currently spent on incarceration and focusing it on community-based options for treatment and supervision that keep youth close to home should lead to more productive future adults.