...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...Juvenile Delinquency Juvenile delinquency has been on the decline in recent years. The study of the variables, and distinction between the adult and juvenile systems, has helped in the decline. Delinquency is a criminal behavior that is committed by a juvenile. Depending on where in the United States the juvenile lives, they will be considered an adult between the ages of 16 to 18. This age has been lowered for serious crimes like murder. In those cases, juveniles have been tried as adults in court. Delinquency refers to conduct that does not conform to legal or moral standards of society; it usually applies only to acts that, if performed by an adult, would be termed criminal (“Encyclopedia Britannica”, 2013). This helps to distinguish delinquency from a status offense. Status offense is a word used in the United States to describe acts that when committed by a juvenile are illegal, but not when an adult does it is legal. These offenses are considered to be a violation because the individual is...
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...Causes of Juvenile Delinquency Juvenile Justice Causes of Juvenile Delinquency The causes of juvenile delinquency are many. Some experts would say that juvenile delinquency has its roots in a biological cause. Other experts will assert that the cause is of an environmental nature. In this research paper, the author will examine both theories and present both supporting and contradicting evidence for both theories. However, before he can begin, the author must give a brief history of the juvenile justice system in the United States and how that system has handled juvenile delinquency thus far. In the days of old, juvenile justice was an unheard of concept. Most nations did not make a distinction between a juvenile and an adult (Bartollas & Miller, 2011). The court systems of early nations simply held the belief that an offender needed to be punished for a crime the same way no matter what the age of the offender. This led to children being punished in the same manner as adults. Early court systems did not recognize that juvenile offenders had different needs and motives than adults (Bartollas & Miller, 2011). It is fair to say that this fact is erroneous in every aspect. This tradition continued into the mid-1800s. In England, for example, “some 160-200 capital offenses were listed in the statutes for which children could be executed.” (Bartollas & Miller, 2011, p. 5). This is an amazing statistic. Knowing that young children could be executed sheds...
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...Evolution of the Juvenile System This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend. In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the nineteenth century, delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders” (Siegel & Welsh, 2011). Three key things that helped to develop a separate system for juveniles were the child-saving movement, the concept of parens patria, and the creation of institutions created specifically for the care of juveniles. The ‘child-savers’ movement began in New York in the early 1800’s. These early groups were concerned mainly with the moral education of children. They felt that private groups and families were not doing enough to properly educate young people and wanted more control to be given to the government. These groups were formed by prominent members of the community who could influence law makers. “Child-saving organizations influenced state legislatures to enact laws giving courts the power to...
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...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...
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...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...
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...Juvenile Crime Ephrem Larry CJS/200 01/12/14 William Patton In this essay I am going to address the differences between juvenile court and adult court. I am also going to talk about the definitions of delinquency and status offenses. I will briefly describe the variables that correlate to the juvenile crime rate and make recommendations for reducing juvenile crime. There are several differences between juvenile court and adult court. “According to the Department of Juvenile Services (2014) History of Juvenile Justice in the United States,” from a historical perspective the juvenile court systems is relatively new. It was stated that in the late 1960‘s that youth did not have constitutional rights. In 1967 the U. S. Supreme Courts ruled that even though juvenile courts were civil proceeding, individuals subjected to these proceedings still faced potential loss of liberty. The Supreme Court ruled that all youth offenders in juvenile court proceedings that faced possible confinement have the following constitutional rights: The right to receive notice of charges, The right to obtain legal counsel, The right to confrontation and cross – examination, The privileges against self – incrimination, The right to receive a transcript of the proceedings, and The right to have an appellate court review the lower court’s decision (The Department of Juvenile Services , 2014). However, many of these juvenile courts...
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...Chapter 7. DELINQUENCY Juvenile among young people, as they negotiate the transition from childhood to adulthood in an increasingly complex and confusing world, is the issue that this chapter first examines. Some basic assumptions relating to delinquent behaviour are presented, followed by a description of the various factors underlying or contributing to this phenomenon. Some regional variations are highlighted. Effective approaches and measures for preventing juvenile delinquency are detailed, with particular attention given to the development of educational, professional development and community programmes, improvements in family relations and parenting skills, and the value of restorative justice for both perpetrators and victims. The chapter concludes with a summary and recommendations for future action. Delinquent and criminal behaviour For many young people today, traditional patterns guiding the relationships and transitions between family, school and work are being challenged. Social relations that ensure a smooth process of socialization are collapsing; lifestyle trajectories are becoming more varied and less predictable. The restructuring of the labour market, the extension of the maturity gap (the period of dependence of young adults on the family) and, arguably, the more limited opportunities to become an independent adult are all changes influencing relationships with family and friends, educational opportunities and choices, labour market participation...
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...Chapter 7. DELINQUENCY Juvenile among young people, as they negotiate the transition from childhood to adulthood in an increasingly complex and confusing world, is the issue that this chapter first examines. Some basic assumptions relating to delinquent behaviour are presented, followed by a description of the various factors underlying or contributing to this phenomenon. Some regional variations are highlighted. Effective approaches and measures for preventing juvenile delinquency are detailed, with particular attention given to the development of educational, professional development and community programmes, improvements in family relations and parenting skills, and the value of restorative justice for both perpetrators and victims. The chapter concludes with a summary and recommendations for future action. Delinquent and criminal behaviour For many young people today, traditional patterns guiding the relationships and transitions between family, school and work are being challenged. Social relations that ensure a smooth process of socialization are collapsing; lifestyle trajectories are becoming more varied and less predictable. The restructuring of the labour market, the extension of the maturity gap (the period of dependence of young adults on the family) and, arguably, the more limited opportunities to become an independent adult are all changes influencing relationships with family and friends, educational opportunities and choices, labour market participation, leisure...
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...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
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...Evaluation the Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," nod.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parent’s patria allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist communities to prevent delinquency by providing...
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...Reduction of Juvenile Delinquency in the United States Terry Gatlin AIU Online Abstract In the United States, juveniles involved with the law are treated differently from adults. However, this has not always been the case. In the earlier times, children were thrown into jails with adults. Long prison terms and corporal punishment were common. Some children were even sentenced to death for their crimes. Juvenile Delinquency in America In the United States today Juvenile Delinquency is getting way out of hand, when it comes to harsh crimes being committed by our youth. Today the majority of the states have set an age limit in which determines whether the person who is accused of a serious/non serious crime is treated as an adult or a juvenile. However, most states in the U.S. consider those who are under the age of 18 as juveniles. But some states have set their limits to 16 or 17years of age. Consequently, most of the states if a juvenile is charged with a serious crime, such as murder etc. that child can be sent to a criminal court and could be tried as an adult. The public appears much more aware of juvenile crime today than in the past; this is due in part to more thorough reporting techniques and greater emphasis on publicizing delinquent acts in the media. Official U.S. crime reports in the 1980s showed that about one-fifth of all persons arrested for crimes are under 18 years of age. In the 1970s, juvenile arrests...
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...Running head: CHILD MALTREATMENT & JUVENILE DELINQUENCY 1 The Correlation Between Child Maltreatment & Juvenile Delinquency April 6, 2014 CHILD MALTREATMENT & JUVENILE DELINQUENCY 2 Abstract Research suggests that there is a correlation between child maltreatment and juvenile delinquency. The findings indicate that children, who have experienced abuse or neglect during childhood, are at increased risk of committing crimes in adolescence. A substantial number of children enter the juvenile justice system with a history of abuse, with approximately one third of these adolescence are actively associated with a child welfare agency at the time of their initial arrest. This paper attempts to establish a clear definition of physical, sexual and emotional abuse, as well as, neglect, while also reviewing a pattern of subsequent delinquency. The effects of racial, ethnic and gender differences in criminal behavior will be explored. A collaborated effort among youth serving agencies is discussed as a method of prevention of child maltreatment and future delinquency. CHILD MALTREATMENT & JUVENILE DELINQUENCY 3 Juvenile delinquency is a serious public health concern. Throughout literature, child and adolescent maltreatment are consistently identified as powerful predictors of juvenile and adult crime. In 2009, law enforcement agencies arrested approximately 1.9 million persons under the age of 18 “ (Ryan, Williams, & Courtney, 2013, p.454)...
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...maintain the juvenile justice system as a separate entity from the adult court systems. It must stay separate in both the way cases are disposed and in the way sentence is carried out. Namely, punishment as in the adult system must be avoided and continued to be replaced by rehabilitation. In recent years, there has been intensive debate about whether the juvenile justice system should focus its limited resources on rehabilitation or punishment to curtail the rising statistics in juvenile delinquency. It is my belief that the juvenile justice system should primarily focus on the process of juvenile rehabilitation as opposed to strictly punishment. This paper will include an assessment of law enforcement, court processes, probation corrections, and community services as well as the intervention programs currently available to increase the incidents of juvenile delinquency. In this paper the subject to examine is both sides of the spectrum and try to show that the process of rehabilitation, rather than just straight punishment will provide a more effective solution to the problem of juvenile delinquency. I will be examining some of the arguments that oppose the views of rehabilitation over punishment and attempt to prove that the arguments for punishment are not as valid as those for rehabilitation. This paper will also provide evidence to support the claims that rehabilitation is a more effective way to resolve some of the issues which that are apparent in the juvenile justice system...
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...JUVENILE JUSTICE SYSTEM IN THE NEW ERA S.No | Description | Page No. | 1. | Introduction | 3 | 2. | Historical background | 4 | 3. | Evolution of juvenile justice system I. Several unique feature characterized in early juvenile court II. English idea of providing separate system for juvenile offender III. The Reformatory schools | 5 | 4. | International concern I. Relevant Article from UN convention II. Movement of Juvenile justice in India | 7 | 5. | Indian legal Provision I. Constitution provision II. Penal provision III. Juvenile justices provision a. Reformatory school Act-1876 b. Children Act-1960 c. Juvenile justice Act-1986 IV. Juvenile justice(Protection and Care) Act-2000 | 10 | 6. | An Analysis I. Who is a juvenile in conflict with law II. Age of criminal responsibility and determination of juvenility III. Present conflict about the age | 14 | 7. | Indian Reformatory approach I. The Child Welfare Committee(CWC) II. The juvenile justices board III. Police IV. Probation Officer V. State government | 16 | 8. | At present- Extent of delinquency in India-NCRB Report | 18 | 9. | Root causation of increasing number of juvenile | 23 | 10. | Role of the society | 26 | 11. | Judicial efforts | 27 | 12. | Recommendation | 28 | 13. | Conclusion | 30 | Introduction 42% of our population is children; the problem of juvenile delinquency is not new but this seek our attention recently very much because...
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