Juvenile delinquency, court systems, gangs, and effects on abused children

Juvenile Delinquency

There has always been a difference between juvenile and adults when it comes to criminal justice in this country. During the nineteenth century, the handling of juveniles in the United States started to change. Social reformers began to create special services to deal with troubled juveniles, particularly in large cities. In 1899, the first juvenile court in the United States was set up in Cook County, Illinois. The initiative quickly spread, and within twenty-five years, most states had established juvenile court systems. "The early juvenile courts shared with reform schools the same desire to rehabilitate rather than of punish juvenile offenders. They were based on the legal doctrine of parens patriae (a Latin term that means "parent of the country"). The parens patriae doctrine gives the state the power to serve as the guardian (or parent) of those with legal disabilities, including juveniles" (The History of Juvenile Justice, n.d.).

The fundamental basis of the juvenile court system is that youth are different developmentally from adults due to the fact that their behavior is impressionable. The primary goals are seen as rehabilitation and treatment, along with community defense. Restrictions are placed on open access to juvenile records because of the idea that juvenile offenders can be effectively rehabilitated, and to keep away from their needless stigmatization. Court proceedings are confidential in order to protect privacy. Open public access to criminal records is obligatory, and all court dealings are open to the public. The juvenile justice system functions in a psychological casework framework, that takes into account a comprehensive evaluation of the youth's background in order to help meet their precise needs. "The juvenile offender faces a hearing, rather than a trial, which incorporates his social history as well as legal factors" (Juvenile vs. Adult Justice, 2011).

A juvenile offender is adjudicated delinquent rather than found guilty. Because of the personal nature of the juvenile justice system, sentencing differs and may cover a wide assortment of community and residential choices. The disposition is based on the person's history of contact with the court and the severity of the offense, and includes an important rehabilitation part. The disposition can be for an undetermined time period. The court can send a youth to a certain facility or program until it is established they are rehabilitated, or until they reach the age of majority. The disposition may also comprise a restitution element and can be directed at the offender's parents, and not just the offender (Juvenile vs. Adult Justice, 2011).

Every State has at least one court that has jurisdiction over juveniles, but in most States it is not actually called Juvenile Court. "The names of the courts with juvenile jurisdiction vary by State -- District, Superior, Circuit, County, Family, or Probate court, to name a few" (Juvenile justice system structure and process, 1999). Frequently the court of juvenile jurisdiction has a detached division for juvenile issues. Courts with juvenile jurisdiction typically have jurisdiction over delinquency, status offense, and abuse or neglect issues and may also have jurisdiction in other matters like adoption, termination of parental rights, and emancipation. Whatever the courts are called, courts with juvenile jurisdiction are broadly referred to as juvenile courts (Juvenile justice system structure and process, 1999).