Adolescence: A Time of Transition

Juvenile Justice

Adolescence -- a Time of Transition

Adolescences and crime: A time of transition in the juvenile justice system

The juvenile justice system in America reflects a fundamentally different conception regarding the adolescent mentality vs. The adult mentality. "Rehabilitation and treatment, in addition to community protection, are considered to be primary and viable goals" of the juvenile justice system, in contrast to the adult system where "rehabilitation is not considered a primary goal…which operates under the assumption that criminal sanctions should be proportional to the offense" versus the nature and character of the offender (Juvenile vs. adult justice, 2013, Frontline). The juvenile justice system in many ways views itself as treating the child offender just as much as it is dealing with crime. That is why " the juvenile justice system follows a psychological casework approach, taking into account a detailed assessment of the youth's history in order to meet his or her specific needs" while adults are merely tried based upon their guilt or innocence (Juvenile vs. adult justice, 2013, Frontline). Juveniles are also found 'delinquent' or 'not delinquent,' in contrast to adults who are found 'guilty' or 'not guilty.'

With juveniles, the court is portrayed as functioning 'in loco parentis,' or as assuming a kind of paternalistic, guiding role for the child. This means that juveniles lack many of the protections adults have within the legal system, including basic constitutional liberties. "Law enforcement has the option of preventative detention -- detaining a youth for his own protection or the community's protection" and do not have a right to a jury trial in all states (Juvenile vs. adult justice, 2013, Frontline). Adults, in contrast, have the right to be released on bail or bond, or a compelling reason must be given relative to their danger to the community if they are not released on bail. Adults also have a right to a jury trial.

Juvenile courts are a relatively recent development in the United States, beginning in the early 20th century. The courts were relatively informal entities, which were designed to focus on the 'best interest of the child' rather than retributive justice. Children were meant to be 'reformed' with probation, training school, and detention with other juveniles rather than punished. However, this very loose and somewhat arbitrary method of justice could also lead to erratic enforcement of laws and "in a series of decisions beginning in the 1960's, the U.S. Supreme Court required that juvenile courts become more formal -- more like criminal courts" (Bilchik 1999:3). They also gave juveniles certain rights they did not have before, such as the right to be protected against self-incrimination and to know the charges against them (Bilchik 1999: 3). Congress also gave further rights to juveniles in the Delinquency Prevention Act of 1974, such as "deinstitutionalization of status offenders" (juveniles convicted of crimes that would not be crime if they were adults) and the separation from the adult population (Bilchik 1999: 4).