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History of the u.s criminal justice system
History of the u.s criminal justice system
Criminal justice system in the United States
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Joscelyn Hernandez
COR 202
Intensive Probation
The United States Criminal Justice System has several options available when it comes to sentencing. Probation is one that we hear of most when it comes to first time offenders as well as juvenile offenders. John Augustus first developed probation in Boston in 1841. The first probation law was enacted in Massachusetts in 1878. By the 1990’s the juvenile justice system was far more effective as it began taking greater measures. In 2010, probation was used in approximately 53 percent of juvenile delinquency cases. Typically, probation sentences are circumstantial, and are imposed under very specific terms and conditions. These must be followed by the defendant unless he or she would like to return
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One of those many changes was the separation of conventional rehabilitative methods to accepting new intermediate sanctions. “The rationale for intermediate punishments was based, in part, on the assumption that a wider range of sentencing options would allow judges to better match the punishments they issued to the seriousness of the offences committed” (Petersen and Palumbo, 1997). Intermediate sanctions are alternate punishments which fall between regular probation and incarceration. This can include community based treatment programs, in-patient drug treatment programs, house arrest, electronic monitoring, boot camps, and intense supervision. Some of the offenders may be required to attend therapy sessions whether that be family therapy, drug and alcohol therapy, or cognitive behavioral therapy. Other recommendations/ likely requirements would be parenting classes, mentoring programs, and interpersonal skill …show more content…
Many of these I listed prior that pertained to adult offenders under ISP, as the system is dealing with juveniles more services would be offereded due to the fact that it is seem as a priority to ensure that any juveniles entering the system be rehabilitated and released back into society as soon as possible. When discussing the pros and cons of the program, the good most definitely outweighs the bad. One of the most important strengths would be that JISP programs are substantially less expensive than cost of incarcerating. In 2009, the Justice Policy Institute reported that it costs about $240 per day to hold a youth in secure settings. States were spending in excess of $5.7 billion dollar on youth
This element is able to be used as an alternative to being in jail, or another form of punishment. It also works to deter further criminal activities and temptations, a means of punishment, and individually help the offender themselves. Unfortunately, there is evidence suggesting racial and gender disparities when it comes to probation. All in all, the proportion of black and white people based on their overall population size and percentage actually partaking in these punishments is very disproportionate. There are also disparities correlating between Hispanic as well, all of which is growing media attention. On the other hand when it comes to gender, females are treated differently than men. This is apparent when it comes to treatment and length of sentencing.
Continuum sanctions is a new innovated system that allows judges to use more discretion when dictating the punishment or treatment of a juvenile based on how serious the offense is that the juvenile has committed (Bartollas, 2014, p. 388). In continuum sanctions judges can also decrease or increase the severity of the punishment or treatment given depending on how well the behavior of the juvenile is improving during the treatment, judges can rely on intermediate sanctions that are less intrusive if the juvenile is making good progress or more intrusive intermediate sanctions if the current treatment is not helping the juvenile (Bartollas, 2014, p. 388).
Imagine two separate individuals who both receive a $500 driving citation due to invalid licensing. One individual has the financial security to pay the fee, while the other does not. The wealthier individual can mail a check to the local court and the fee is satisfied. On the other hand, the underprivileged individual is placed on a pay-only probation through a private probation company, which requires them to make small payments with additional supervision fees until the debt is paid. Throughout this process, they are under the constant threat of incarceration if they cannot fulfill their payment requirements. Furthermore, the more impoverished the individual is, the longer it takes to pay off the citation and additional
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
Although putting juveniles into institutions, for many juvenile offenders occurred in the first decades of the 1900s, extensive use of probation for juveniles existed as well. As it does today, probation gave a middle ground nature for judges connecting release and placement in an institution. By 1927, trial programs for juvenile offenders existed in approximately every state. In the 1940s and 1950s, reformers attempted to improve the conditions found in most juvenile institutions. Alternatives to institutions emerged, such as forestry and probation camps. These camps provided a prearranged setting for male juvenile offenders, while emphasizing learning and occupational skills. Though, the efficiency of these options as alternatives to incarceration was dubious since they were not obtainable to the worst offenders. Yet, these changes marked the start of formal, community-based instruction that would turn out to be more extensive in following decades.
The benefits of reducing overcrowding, saving on costs, and giving the offender what they need make it worth looking at. Along with that, the options that it provides as far as sentencing gives prosecutors and judges the ability to choose their outcome for most cases. These programs all prove to be all well and good, with the exception of some programs like bootcamps, but still effective nonetheless.
...ing beckoned in with the 21st century. While U.S.’s JLWOP laws are inconsistent with many human rights treatises and with international law, it is more important for our policies to be based on a thorough understanding of the issue- the most essential being a separation of the processes for juvenile and adult criminal offenders. With an emphasis on rehabilitation for juvenile offenders, and the goal of encouraging maturity and personal development after wayward actions, the futures of many teens in the criminal justice system can become much more hopeful.
Lipsey, M. W., Chapman, G. L., L & Enberger, N. A. (2001). Cognitive-behavioral programs for offenders. The annals of the american academy of political and social science, 578 (1), pp. 144--157.
A significant benefit of ISP is the cost effectiveness. On average it cost about $60 a day to house a person in prison unlike the only $8 dollars to supervise a criminal in the community. (njpt.uscourts.gov) I like how there are different “levels” of ISPs, grouping the criminals with the level of supervision needed for him or her. It gives the participant (of ISP’s) responsibility but still having to keep up priorities that could have may happened in jail as well: (1) participating in treatment programming, breathalyzer tests, random urinalysis tests, unannounced home visits, working, and paying bills and court ordered obligations. It is also an effective form due to the strict program that has to be followed; along, that it is offered in the juvenile court system. I also think community service would be another effective form of intermediate sanctions. This helps hold offenders accountable for the harm they have caused to the community and help improve the quality of public environments, business, etc in a community. Community service also provides offenders an opportunity of skill development and interaction with positive role
Never before had the Courts been met with the astounding number of juvenile offenders. Courts were being inundated with juvenile offenders and until this program was established and implemented they had limited alternative sentencing options available to them. By creating this program this allowed the Courts an option to “sentence” juvenile offenders into a meaningful supervised setting rather then placing them in a detention center. This also opened up space in the detention centers for more serious offenders. The offenders most commonly come to work for the day and are released to go home after the day’s end.
...(2004). Applying the principles of effective intervention to juvenile correctional programs. Corrections Today, 66(7), 26-29. Retrieved from http://ehis.ebscohost.com.proxy-library.ashford.edu/eds/pdfviewer/pdfviewer?sid=4bd9d7f2-8ac5-42c6-a100-a2443eda9cbf@sessionmgr4002&vid=1&hid=4213
The modern teen court concept began in the early 1970’s when a small number of local communities in America began to establish the first Global Youth Justice programs (Peterson, p. 2). In 1994 there were 78 youth court programs in existence. As of March, 2010, there are over 1,050 youth court programs in operation in 49 states and the District of Columbia. Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders.
The complex issues of dealing with offenders in the criminal justice system has been a point of ongoing controversy, particularly in the arena of sentencing. In one camp there are those who believe offenders should be punished to the full extent of the law, while others advocate a more rehabilitative approach. The balancing act of max punishment for crimes committed, and rehabilitating the offender for reintegration into society has produced varying philosophies. With the emanation of drug-induced crimes over the past few decades, the concept of drug treatment courts has emerged. The premise of these courts is to offer a “treatment based alternative to prison,” which consist of intensive treatment services, random drug testing, incentives
...he rehabilitation of young offenders rather than shipping them off to prison or boot camps. The boot camps and prisons do not offer the youths the proper treatment needed to transform a person from a criminal back to a normal citizen of society. Places such as Custody Centers offer a more controlled and logical process of programs developed especially for the special kids sent to these places. It is believed that a program such as the P.G.Y.C.C. will ultimately be more effective in correcting the behaviour of young offenders and in conjunction lower the rate of youth crime around the country.
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.