...Juvenile Justice System There are many aspects that go into the juvenile justice system. Dealing with juveniles is a much more sensitive matter than that with adults. Some of the aspects of the juvenile justice system include the historical development of the system, the predominant philosophy, key differences between the juvenile and adult systems, distinguishing between dependency and delinquency, and the reason behind the importance of confidentiality in juvenile court. After reading the class material and reviewing case laws and legislations, we can have a further understanding of the aforementioned keys. Historically, the juvenile justice system dates back to England in the 1600s. Chancellors were appointed to make decisions, which were in the best interest of the juvenile. In 1839 there was the case of Ex Parte Crouse, which dealt with a father attempting to release his daughter, Mary Anne Crouse, from the Philadelphia House of Refuge. The girl was not given a trial and the courts rejected the father’s claims. The state made decisions on behalf of the child and other states decided to do the same. In the case of Reform Schools and People ex rel. O’Connell v. Turner in 1870, courts were confining juveniles in reform schools. Many children in Illinois were getting put in reform schools for simply loitering or playing in the streets. Many parents began complaining of the unjust rulings. Later on the courts ruled juvenile delinquents would be placed under the...
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...addressed to the programs designed to reintegrate juvenile delinquents into civilized society has focused and spread, and the cause of the Youth has become news. The diversity in the origin of the problem has made a uniform system of rehabilitation a very difficult venture. Being a member of the “troubled youth” begins with a small issue, such as a family problem, mental health disorder, or substance abuse, one that should be addressed before the evolution of the crime, and then the justice system. The division of juvenile and adult court systems is a relatively recent aspect of criminal justice, and has yet to be perfected. The incarceration of children into restrictive, punitive environments expected for overage criminals limits the development of an adolescent, and limits the possibility of divining the roots of the negativity. How can we determine the extent of flexibility that should be allowed? How can the system work to prevent delinquency in youth while working with them? There are several points addressed with heavy intention when it comes to the reorganization of the juvenile justice system. The placement of juveniles within the system is guided by the severity of the criminal act the child is being tried for, with some offending youths sent back into their home space and provided services through community-based programs with little funding and less resources. Others are confined to under staffed and overcrowded juvenile detention facilities, where the atmosphere...
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...Juvenile Justice Systems Strengths and Limitations Leteia Smith Professor’s Name Institution affiliated Course name Date Juvenile Justice Systems Strengths and Limitations Juvenile justice system was created as an alternative of dealing with the youthful offenders in a way that would aim at correcting them rather than seem like punishing them to feel ashamed of their behavior. Most of the changes that were done to the correctional institutions on the youths were aimed at avoiding stigma that was believed to cause more criminality rather than reducing it. The system was an American invention but was later replicated around the world. Although the system was supposed to bring more safety to the youths, it seems to have flaws in its approach. The system dismisses the concept that young offenders may have a strong will to commit crimes (Schmalleger, 2012). They instead contend that the problems that are faced by the young people tend to make them unsettled. Therefore in order to help them, there is no need of punishing them. The best way to help them is to try and solve the internal problems that may be thought to exist in them. The juvenile court system has completely detached itself from the adult court system. The juvenile crime trend began to change in the period around 1980’s and mid 1990’s. The trend of juvenile delinquents has continued to escalate...
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...University of Phoenix CJA/374 Mr. Ladet March 28, 2013 The issue of juvenile crimes has been of great concern to many people in the American society. Despite putting in place various programs to see that crime rates among juveniles are reduced, many juvenile courts and recreational centers have reported increased cases of dealing with juvenile delinquency. It thus leaves one wondering if the programs that are in place to control and deal with the juvenile delinquency cases are the ones failing or if it’s the society that has failed completely to give the required direction to the youths. There are many cases that have been reported as the main causes of juvenile delinquency. The major causes being attributed to the environment the child is raised. It has been a tradition that juvenile delinquencies are locked up in juvenile prisons as a way of recreating them. However, it has turned out that by locking up the kids, instead of achieving the best results of a rehabilitated child, the results are usually worse than putting in place programs that are family and community based. Therefore, instead of the program of locking up children rehabilitating them, it leads to increased recidivism (Virginia Youth Violence Project, School of Education, University of Virginia, n.d). It is thus important that for juvenile agencies to focus their efforts in using evidence- based practices that have been reported to reduce juvenile delinquency. Such programs ensure that the children are safe,...
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...Many people stress the importance of reforming the juvenile justice system to increase its effectiveness and avoid discrimination. People argue about early intervention in juvenile delinquency, and advocates for the development of programs that are more centered on rehabilitation rather than punishment. In my opinion, rehabilitation is a slap on the wrist for minors, and they need to reap the consequences. Because learning the hard way sends a message to minors that what they’re doing is wrong and not acceptable. In my life, I’ve never had any major offenses but I have grown up around people that have. I believe that the way youre brought up has a huge roll in whether you take the right or wrong path. Much of the criticism about the American juvenile justice system revolves around its effectiveness in rehabilitating juvenile delinquents Research on juvenile incarceration and prosecution indicates that criminal activity is influenced by positive and negative life transitions regarding the completion of education, entering the workforce, and marrying and beginning families. ]According to certain developmental theories, adolescents who are involved in the court system are more likely to experience disruption in their life transitions, leading them to engage in delinquent behavior as adults. Although a lot of adolescents made mistakes In their path like anyone, their mistakes being more serious are often times discriminated in the eyes of their fellow peers, teachers, and in the eyes...
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...models/eras of the Juvenile Justice System and which model to you agree with and why? The Juvenile Justice System has been marked by many shifts in thinking concerning how to treat juveniles. Before the twentieth century, Juveniles were considered property and were treated the same as adults in the criminal justice system. The move away from viewing children just as property to viewing them as those in need of protection happened during Europe’s Renaissance period. The Industrial Revolution brought early child labor laws and programs designed to alleviate the ill of urbanization are precursors to the juvenile justice system of today. In the sixteenth and seventeenth century the concept of rehabilitation began in puritan America. In 1823, houses of refuge were created to take in all children who were neglected, abused, or delinquent. The concepts of parens patriae and in loco parentis served as the foundation for interventions such as houses of refuge. Into the late 1800’s and early 1900’s a call for reform led to the creation of the juvenile justice system in the United States by the child savers. The early Juvenile Justice system was founded on the belief that the state could and should as in loco parentis under parens patriae. In the late nineteenth century the juvenile justice system’s purpose was to determine cause, diagnose illness, and prescribe treatment. The Juvenile Justice system became part of the United States legal system with the passage of the Illinois Juvenile Court Act...
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...Juvenile Justice CRJ 301 David MacKusick January 17, 2011 Juvenile Justice The juvenile justice system is much different from the adults, or at least that was the original intent. This paper is going to outline juvenile delinquency, discuss the strategies, the juvenile process and the intervention programs we can use to stop juvenile delinquency in the future. The Cook County Juvenile Court was established in 1899 on an informal basis. The parens patriae doctrine, which permitted the court to take charge of children in need. Children were not adults and should not be treated as such their problems could be discovered and treated; therefore, the courts develop a different system. This was not actual courtroom, it was a table and chairs where the judge could sit with the parents and discuss the matter at hand. Children could be brought to the court based on complaints. These hearings were not public and the records were kept confidential because the children were not considered criminal. Lawyers were not required and the same rules that applied in adult court were missing in juvenile court (Bartollas & Miller, 2011). This system was so attractive that most states adopted the same system. The criminal justice system is definitely a complex one and there is no exception when it comes to juveniles. The juvenile justice system however is based on the philosophy that children need to be protected and corrected, not necessarily punished. These are children...
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...| Juvenile Justice | | | Paul Eyster | 4/3/2013 | Prof. Bidwell | 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. Lionel Tate, now 14, was charged with first-degree murder and sentenced to life in prison without parole on March 9, 2001. This harsh conviction was founded on the basis of the beating and death of 6-year-old Tiffany Eunick. Tate defense lied in the hands of his television heroes, professional wrestlers, whom he claimed he was simply imitating. This argument was not enough to convince the jurors that his actions were an accident. If a defense team was not able to convince a select group of individual that violence on television is becoming more of an issue with youth violence, then how is a nation of parents going to be convinced that television, video games and other public violence is affecting their children. Is every parent going to have to experience what Lionel...
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...Kaur Ravanpreet Mr. Ramos English CP 12.2 26 March 2015 Justice for Juveniles The criminal justice system for adults and juveniles differs in many significant ways. An adult system is for eighteen and older who have committed a crime. The juvenile system is for young offenders who commit serious crimes. Adult offenders have to get a lawyer in order to meet a judge, and juvenile that is under eighteen needs to have their parents present to meet the judge. There are more crimes committed by juveniles. Some examples are school shootings, and murders. Sometimes kids commit a serious crime and are sent to adult prison. Two young girls who lured another twelve year old girl in to the woods, and stabbed her 19 times to please slender man. The two girls are being charged with first degree intentional attempted homicide. They are likely to be tried as adults and long prison sentences. These girls were only trying to please a fictional character who they thought was real and lived in the woods. They thought if they pleased slender man he would not come after them. The girls did not do this intentionally, they were doing it for their safety. Some people think we should treat them as adults and others think they are still kids whose brains are not yet fully developed. Adult courts tend to be more punishing, while juvenile courts tend to be more rehabilitative. Every state has their own laws and rules they make and follow. Each state is left up to their own devices on what to do. The...
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...There are many reasons why some adolescents are more motivated to commit crimes while others don’t. Several factors such as home life, school life, and the neighborhood in which young adults live in can play an important feature in the lives of our youth today. There are also theories that present themselves as to why adolescents engage in risky behavior. Adolescents that live in a troubled home tend to be more disobedient than an adolescent who lives in a more structured family life. Children whose parents may be divorced have a greater chance of committing delinquent acts than a child who lives in a household with two parents. According to The Heritage Foundation (1995), "The relationship between parents, not just the relationship between mother and child, has a powerful effect on very young children. Children react to quarreling parents by disobeying, crying, hitting other children, and in general being much more antisocial than their peers”. Young adults living within the poverty line have more likely of a chance to not finish their education. Some young adults find the life of crime or delinquency to be more fulfilling than the priority of finishing their education. Living within poverty limits also has a greater impact on the health and wellbeing of young adults. Parents who can’t afford adequate housing or healthcare are more likely to have children who have poor health, which affects the long term development of their children. Adolescents living in deprived...
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...Juvenile Justice and Rehabilitation When discussing rehabilitation or punishment for juvenile delinquents, I believe there should be rehabilitation over punishment. Granted there are numerous cases that completely warrant punishment, but punishment isn’t always the answer. Adults are usually given second, third and fourth chances to change their lives. And sometimes rehabilitation isn’t involved. I believe since adolescents still have plenty of time to get counseling or learn about themselves and why they acted the way they did, there is always an opportunity for them to change. Adolescents don’t have the same thought process as adults. They tend to react emotionally, so if their emotions are flying high, adolescents aren’t always able to stop themselves from doing something foolish or harmful to others. This is also the point in their life when they are becoming curious about how their bodies are changing. Also add in drug or alcohol experimentation and that’s a recipe for trouble. There are numerous supporters for rehabilitation, just like there are individuals against it. As long as there is a juvenile justice system, there will always be a debate. One person that agrees with rehabilitation is Kurt Kumli, a supervising deputy district attorney for the Santa Clara County’s Juvenile Division in California. Mr. Kumli (2001) stated that there are different methods that work on different kids. But the one thing that is constant, is the need to get to the kids “sooner, than...
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...The False Promises of the Juvenile Justice System One of the most controversial topics in America concerns the justice system and its policies. Under this category is the juvenile justice system which deals with delinquent children and rare cases of serious juvenile offenders. According to the Office of Juvenile Justice & Delinquency Prevention (OJJDP), the justice system promises to make juvenile contact with the system “rare, fair, and beneficial.” It also states that its goal is to use “effective and coordinated prevention and intervention programs.” The statement ends with a pledge to assist juveniles by providing the “necessary treatment and rehabilitative services.” Many people have their own sentiments regarding how the justice system...
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... Humans are born as blank canvases, with no personal bias and no preconceptions, just instincts. Free to grow and add things to your canvas. Teens come to life pure as snow, our parents are our first mentors and teachers of life. They influence most of our actions growing up. Some have to face the harsh reality of a brutal life early due to the lack of shielding from parents, slowly our canvases are tainted into dark colors. The life of those unfortunate teens mold them, every aspect of them. Without realizing malice is being nurtured in the darkest corner of their thoughts, inevitably teens like this that go on without help will likely turn to crimes. Some of these teens commit horrendous crimes and the question is, what should the justice system do? Some individuals will suggest treating them as adults since they were aware of their crime but is that the right punishment? Should society just disregard humanity and lock these teens up for the good of everyone else? While I believe teens that commit heinous crimes should be punished I also strongly believe their age should be put into account when deciding their punishment. Teens although they’re aware of their actions are still lacking growth in their brain. “Frontal lobes, which inhibit our violent passions, rash actions, and regulate our emotions, are vastly immature throughout teenage years.”(Thompson, Paul 7). The study that Thompson’s research group conducted gives some insights as to what happens to the brain during...
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...non-criminal behavior simply because there was no other solution. “The adult criminal code applied to children, and no juvenile court existed” (Siegel & Welsh, 2011). Because of this Houses of Refuge were created. Houses of refuge were the early introduction to juvenile justice. A house of refuge was ‘the first institution designed to house poor, destitute and vagrant youth who were deemed by authorities to be on the path towards delinquency” (Center on Juvenile and Criminal Justice, 2013). They were created and designed by the child savers to target youth who showed signs of delinquent behavior. Houses of refuge were located in impoverished or urban areas. They eventually became overpopulated because it, like adult prisons, was housing delinquent juveniles with not form of rehabilitation. A new plan of action had to take place to correct this system. The top goal of the juvenile justice system is to prevent crime and by juveniles and rehabilitate those that were accused of offenses. The juvenile justice system began finding alternative ways to deal with deviant youth. In 1874 The Society for the prevention of cruelty to children or SPCC was created in New York. This organization was created to protect youth exposed to neglect or abuse at home and at school. Parens Patriae was introduced and it allowed to the state to take over custody and rights over a juvenile that was subjected to any form of neglect, or abuse at home. Youth today are not really treated fairly. It seems that...
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...Juvenile Justice System Essay Juvenile justice is something that our country has been dealing with for a very long time, since the first juvenile court in 1899. There is something that goes along with juvenile justice and that is dissenting justices. What that means is an opinion in a legal case written by one or more judges expressing disagreement. Before the first juvenile court, a juvenile delinquency had to be processed through the adult justice system. This system gave youths much more harsh penalties. Separate juvenile courts started appearing in every state by 1945. In 1966, a young boy named Gerald Gault was taken into custody for making a telephone call that was obscene. Gerald Gault was 15 years old and had previously been on probation. When Gault was arrested, his parents happened to be at work and the police did not leave any notice to them. Gault was then held before a juvenile court and was further admitted to the State Industrial School until he was 21 years old. The disagreements between the judges were if the procedures that were used to commit Gault were legitimate under the Due Process Clause of the Fourteenth Amendment. This decision was made by Judge Mcghee and was later found to be wrongly decided. The Court found Gault’s case met none of the requirements of the Fourteenth Amendment. These requirements include notification of both the parents and the child the juveniles opportunity for confrontation and cross-examination during hearings, safeguard...
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