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Juvenile and rehabilitation
Juvenile and rehabilitation
Juvenile rehabilitation
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Jonathan Mitchell
English 4
5-13-18
Trying kids as adults has been around since the eighteenth century children over the age of seven who were accused of crimes were tried as adults and sent to adult prisons. By the nineteenth century most states created separate work farms and reform schools for convicted children most of these places were in large cities like in New York and Chicago. The reform schools were made to rehabilitate the children and keep them away from adult offenders. In 1899 the first juvenile court was created in Cook County, Illinois from the Illinois Juvenile Court Act of 1899 the act gave the court the power to try to rehabilitate children between the age of 12 and 16 the act caused many states to create their own juvenile courts. In the 1910s people started to criticise juvenile court’s fairness the problem was the juveniles had no lawyer, trial and the judge made all of the decisions so some charges people felt were unfair.
In 1997 juvenile crime rose rapidly so the “get tough” law was created which lowered the age that juveniles can automatically be tried as adults and
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This can happen because the juveniles are in adult prisons were they can learn from adult criminals different criminal methods. Also juveniles being held in adult prisons have less rehabilitation opportunities than most juvenile centers so when it's time for them to get out of prison they have no job training. It is also very important for juveniles to be in a good counseling program which prisons don’t have but juvenile centers do. Without good programs like this juveniles are more likely to reoffend Florida’s courts have found that teen agers that were sentenced to adult prisons have higher recidivism rates (reoffend) and commit more serious crimes than teens that serve time in juvenile
The article titled “ Juvenile Justice from Both Sides of the Bench”, published by PBS, and written by Janet Tobias and Michael Martin informs readers on numerous judges’ opinions on the juveniles being tried as adults. Judge Thomas Edwards believed that juveniles should not be tried as adults because they are still not mature enough to see the consequences of their actions and have a chance to minimize this behavior through rehabilitation programs. Judge LaDoris Cordell argues that although we shouldn’t give up on juveniles and instead help them be a part of society, however, she believes that some sophisticated teens that create horrible crimes should be tried as adults. Bridgett Jones claims that teens think differently than adults and still
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...
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
There are many different regulations and strategies which are used to safeguard young adults and one of these strategies is the recruitment of staff and preventing people who may harm vulnerable people from getting assess to them. for example, the adults barred list. The is a list of people which either has a high risk of harming others or a probable risk of harming others. The people on the list are barred from working in health and social care settings and around vulnerable people. There are many different places where information is received from and this may include the police, courts, or health and social services. all this information is used to decide whether they are at risk of harming vulnerable people in order to decide whether they
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
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.
In 1899, the nation’s first juvenile court for youth under the age of 16 was established in Chicago to provide rehabilitation rather than punishment. By 1925, following the Chicago model, all but two states had juvenile courts whose goals were to turn youth into productive citizens utilizing treatment that included warnings, probation, and training school confinement(Cox et al. 2014, p.2). Treatment lasted until the child was “cured” or turned 21. Although judges spoke with the offending children and decided upon the punishment, the lack of established rules and poor rehabilitation led to unfair treatment. In 1967 “ U.S. Supreme Court case of In re Gault held that juveniles were entitled to the same constitutional due process rights as adults, beginning a national reform in juvenile justice and the system was repaired to afford children many of the same rights that adults have in court” (Cox et al. 2014, p.4). Also, state legislatures passed laws to crack down on juvenile crime, as recently, states have attempted strike a balance in their approach to juvenile justice systems as research suggests that locking youth away in large, secure juvenile facilities is ineffective treatment towards different genders in which it doesn’t provide appropriate rehabilitation.
The Illinois Juvenile Court Act of 1899 was the first juvenile court established in the United States (Locked Up…). The juvenile court was created to handle the offenders on the basis on their rather than their crime. In the 1980’s and 90’s many states passed laws to try teens as adults (Should Juveniles…). The court system served to the minors under the age of sixteen. The courts didn’t typically support disciplinary actions. The people in charge did everything in their power to not have the victim spend time in a juvenile detention center or better yet prison. Remedial sentences were the most common types of discipline (Locked Up…).
Throughout the years there has always been one question, what will we do with the juveniles when they entire the justice system? Here is the answer to that, the first juvenile court in the United States was established in Chicago in 1899 over 100 years ago. There have been significant modifications made to the juvenile court system since the late 1960’s due to Supreme Court decisions, federal legislation, and changes in the state legislation. Up until these changes were made, children who broke the law were treated the same as adult criminals. Children as young as seven years old who were accused of wrongdoing were imprisoned with adults. “In the early nineteenth century, the idea of reforming youth offenders took root in the United States & The House of Refuge in New York, which opened in 1824, was the first juvenile house of reform in the United States. This was the first attempt to house juvenile offenders in a separate facility and other States, like Maryland, would soon follow suit” ("History of the Juvenile Justice System," n.d.).
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
...oving lawmakers to rethink policies that treat them like adults” by Sarah Alice Brown . “Between 1994 and 2010, violent crime arrest rates decreased for all age groups, but more for juveniles than for adults”, were Sarah Alice words. In addition she said; more specifically, the rates dropped an average of 54 percent for teenagers 15 to 17, compared to 38 percent for those between 18 and 39. And while arrest rates for violent crimes were higher in 2010 than in 1980 for all ages over 24, the rates for juveniles ages 15 to 17 were down from 1980.
There is a great deal of controversy over the trying and sentencing of juvenile offenders today. Many will argue that because the severity of Juvenile crimes has risen, the severity of its consequences should rise; however, no matter how serious the crime is, juvenile offenders tried as adults receive far worse than they deserve. The majority of Juveniles tried as adults are hardly given any form of human rights. Adult jails are not the environment children should have to experience, especially those sentenced for misdemeanors and nonviolent crimes. There are other solutions to reducing juvenile crime. It does not take adult court to straighten out kids on the wrong path. Most children are not even able to recognize that what they had done is wrong. There may be no perfect solution to reducing juvenile crime, but there are ways far more effective than adult trying and sentencing.
Late eighteenth and early nineteenth century was the beginning of creating a difference in the way delinquents were handled. Historically, an offender who was above seven years of age was imprisoned together with the adults. Though an offender who was between seven and fourteen years of age was presumed as one who is not able to form the required criminal intent it gave the prosecutor room to prove otherwise. A house referred to as the New York House of Refuge was established by reformers in 1824, and it was meant to curb the problem of sending a child offender to an adult jail. In 1899 a juvenile court was established in Cook County, Illinois and another one in April 1905 in Birmingham (Shore). There was an educational reform movement that advocated for reform in juvenile justice. The movement was referred to as the Society for the Prevention of Juvenile Delinquency. The main issue that legislation and movements sought to address was the separation of delinquents from the adult offenders. In a case of an adult offender the court looks at the act committed. However, with the emergence of juvenile courts the focus is on the delinquent who is viewed as a child, and who needs to be helped. In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol).
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.
policy in 1899 under the pretext that youth were different than adults in their ability to make prudent decisions, understand the effects of their actions, and comprehend the irreversible reality of committing a criminal act. " Prior to 1899, child offenders over the age of seven were imprisoned with adults. Political and social reformers, supported by psychological research, began a shift in society's views on juvenile offenders and began establishing facilities for rehabilitation rather than punishment. According to LawyerShop.com, these changes were based upon a conviction that "society had a responsibility to recover the lives of its young offenders before they became absorbed in the criminal activity they were taking part in." Through the juvenile justice system, the state exercised parental authority and took responsibility for youths until they were either rehabilitated or aged out of the system by becoming