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Juvenile court system
Challenges in the juvenile justice system
Challenges in the juvenile justice system
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I feel that I learned quite a bit throughout this semester in Juvenile Justice. It is interesting to me how much the juvenile justice system has changed both for the better and for the worse. From the time of the child savers to the get tough movement, which we are still experiencing, the entire system has shifted almost entirely. It began as a system of helping and not punishing and now has shifted to a system that severely lacks rehabilitation programs for juveniles. I have spoke, in my previous reaction papers, of what I would do to change the juvenile justice system – focusing strictly on the idea of rehabilitating juveniles to make them functioning members of our society. I firmly believe that in almost all cases, a child deserves a second chance and should be given appropriate treatment. As stated in lecture, there are several necessary policy changes that need to be made to our current juvenile justice system: “1) Maintain leniency 2) Expand treatment 3) Expand initial diagnostic services 4) Continue solid research 5) Sustain adequate funding to programs and 6) Mandate (by la...
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
Jenson, Jeffrey and Howard, Matthew. "Youth Crime, Public Policy, and Practice in the Juvenile Justice System: Recent Trends and Needed Reforms." Social Work 43 (1998): 324-32
Juvenile Justice Reforms in the United States. (n.d.). Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov
...s A. Preciado, but despite these wrong decisions being made by juveniles, they deserve a second chance to better themselves as potential future citizens. Even Gail garinger who was a former juvenile judge believes that they are capable such manner, In her article, “Juveniles Don’t Deserve Life Sentences” written March 14, 2012 and published by New York Times, it states that “as a former juvenile court judge, I have seen firsthand the enormous capacity of children to change and turn themselves around. The same malleability that makes them vulnerable to peer pressure also makes them promising candidates for rehabilitation”. I believe, and still do, that even though juveniles that have taken a wrong path, regardless of what they 've done, need guidance from us and people who were once juveniles to mentor them and be given a second chance, just as I did a long time ago.
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 .
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
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.
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
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
Studies and anecdotes have shown that our modern approach, however, is ill-equipped to reduce crime or deal with chronic delinquents while at the same time protecting their due liberties. We now stand on the precipice of decision: How can we strike an appropriate balance in the juvenile justice system? Should we even retain a separate system for children at all? The answers are usually difficult, sometimes subtle, but always possible to attain.
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 juveniles 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 to understand their actions or be provided a second chance.
Though crime, in general, is on the decline there are specific crimes and group offenders that are actually increasing. Specific crimes such as hate crimes, those crimes motivated by hostility to the victim as a member of a group, based on color, creed, gender, or sexual orientation, and juvenile crimes have become escalating debates. Lionel Tate, a 12-year-old boy at the time of his actions, is a suitable case to investigate. Using his case, I will address the increase in juvenile delinquency, the contributions to the malice acts, the severity of the crimes being committed by youth, and possible, yet reasonable repercussions.
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.