Discussion question responses and key points

¶ … changes taking place within the area of juvenile justice are being implemented in sporadic and inconsistent ways. There seem to be two distinct directions within the realm of juvenile criminal justice. One view presents juvenile justice as necessitating rehabilitation, crime prevention, and psychological intervention; whereas the other view takes a "tough on crime" approach by treating juveniles as adults and applying punitive methods. Evidence related to juvenile justice is unfortunately as contradictory as the policies and practices used to respond to adolescent deviance. Therefore, it is important to take a more localized approach and also to treat each case individually.

Response 2: This post highlights the importance of developmental psychology to influencing juvenile justice policy, and criminal justice policy in general. For example, it is important to remember that before the Juvenile Justice and Delinquency Prevention Act of 1974, juveniles were not treated differently than adults. They were tried as adults, and imprisoned together with adults. It is now hard to imagine such a scenario, because the society creates distinct boundaries between adolescence and adulthood. We still view adolescents as children who, if given a chance, can adopt healthier behaviors in responses to the stressors or negative influences in their lives.

Response 3: The entire concept of adolescence is a relatively recent one, and one that has evolved over the past several centuries. Now, the law distinguishes absolutely between a person of "minor" age vs. one who is a "major." This distinction is apparent in the normative culture and also within the criminal justice system. The criminal justice system itself has evolved to promote justice and the rights of suspects under the writ of habeas corpus. However, there has emerged a great gap between criminal justice philosophies that apply to the juvenile vs. The adult population. Rehabilitation prevails in juvenile justice, whereas a punitive system continues to dominate discourse on adult criminality.

Response 4: It is important to recall the history of juvenile justice, to appreciate the great strides that have been made with regard to understanding how to best address the problems related to deviance. The prevailing belief is that juveniles are qualitatively different from adults; in the past, juveniles were not viewed as being distinct and were treated like adults in every way including in the sense that young people were expected to do hard labor. Systems of indentured servitude and other harsh forms of retribution would be unheard of today, and yet there are still people who decry a system that is perceived to be too "lenient."

Response 5: The "dramatic increase" in the application of punitive responses to juvenile crime is disturbing from many standpoints. It is disturbing that the severity of juvenile crime has reached a point where punitive systems are deemed necessary; the proliferation of guns and the perpetuation of a culture of violence and fear may be to blame but those are global and structural issues that cannot be addressed within the realm of justice policy. Even though the severity of juvenile crimes has warranted correspondingly more severe punishments, it is important to preserve the institutions that encourage rehabilitation.