Punitive versus restorative approaches in U.S. juvenile justice

Juvenile Corrections

Juvenile delinquency is a common phenomenon in the globe today. Owing to the severe crimes, committed, different states handle the matter differently. On one hand, some states utilize the "punitive approach" that prioritizes crime control, punishment, and incarceration; on another, the restorative model, which stresses human rights, youth development research, and restoring the community. In the United States, the law does not tolerate juvenile delinquency; this explains the utilization of the "punitive approach" when handling juveniles. In addition, policies in the U.S. are becoming more punitive; therefore, juveniles have found themselves tried in the adult legal system. However, in the recent past, the U.S. has re-considered the death and life without parole sentences for juveniles, which it has termed as unconstitutional. Apparently, the state is gradually applying some human rights principles in relation to juvenile justice policy, a positive move, indeed (Caldwell, 2011).

Background

During the 19th century, juveniles received similar sentences to those of adults, a case that applies to date. However, the case is different across states and continents, but some people feel that juveniles are mature, and they are conscious of their criminal activities; therefore, the law should not treat them differently, either way. Numerous studies on juvenile justice suggest that there are better ways to "punish" juveniles, rather than trying them through the adult legal system, a practice that predisposes them to adverse effects.

A typical example is embracing the rehabilitative approach, which will help the juveniles in correcting their delinquent behavior. In order to accomplish the desired goals, there is a need to integrate social services who will work with the juveniles to meet the needs of individual juveniles that find themselves on the wrong side of the law. Most importantly, such approaches will help social workers to determine the causes of the delinquent behaviors expressed by these juveniles. In addition, the state has initiated programs aimed at reducing the recidivism rates, a common aspect experienced by juvenile offenders from correction facilities (Perlin, 2013).

Therefore, the state initiated programs such as the Serious and Violent Offender Reentry Initiative (SVORI), which aimed at reducing the recidivism rates of juveniles, and other offenders across correctional facilities. Empirical evidence suggests that the program had a long-term influence for juvenile offenders returning to their communities after serving their terms. Nevertheless, such a program is cost-effective, and they can help shape some policies associated with juvenile offenders. Most importantly, the programs have proved effective in keeping young offenders out of prison and conversely help them to stay out of prison by becoming productive members of the community, an aspect that can save the correctional institutions costs (Wells and Hermon, 2013).

Alternatives to confinement

Confining juveniles is costly, and it is not likely to reduce the future criminal activities because when they are in confinement, the youth are likely to become hardened and enhance their criminal activities once they serve their terms. Therefore, the state should look for other ways instead of confinement. Typical alternatives include community services, which will allow the young offender to live at or near their homes. Other alternatives are intensive supervision, electronic monitoring, counseling, and therapy, education, and secure facilities. Nevertheless, juveniles in confinement go through harm, which makes them fail to become changed individuals. In addition, the juvenile justice system will need reforms and restructuring, in reference to the model below, in order to achieve the overall desired goals of reducing incarceration rates of young offenders.

A simple model for an effective Juvenile Justice System

Intensive Probation Supervision involves releasing the juvenile to their community, but the court provides strict rules that the individual must follow. Unlike the common probation, in this one, there is no confinement. If the young offender fails to rules provided by the court, they can risk re-arrest. In addition, the officer in charge has less caseload; therefore, they spend more time with the juveniles talking sense to them. In this way, it is less costly when compared to the other probation and confinement. Out of home placement is more or less a correctional facility, but unlike the correctional facility, the place has social workers, counselors and therapists who are there to assist the offender in changing. Interestingly, the electronic monitoring, which is the most current system of monitoring juveniles, is a cheap approach, whereby the juvenile wears a bracelet, which transmits to a computer in the probation officer's office. In so doing, the officer can monitor the juvenile's moves.

Discussing the Correctional Approach

This approach applied in juvenile justice aims at punishing the young offenders, which does less to change their attitudes and behaviors. In addition, the attempts for the youth to change, is not fruitful because the staff overlooks their positive sides at the expense of the crimes they committed. Notably, such facilities do not offer the youth any skills; therefore, it makes them illiterate as time continues. Nevertheless, the youth are vulnerable when they are in the correctional facilities. These include drug abuse, rape, death, and the risk of becoming hardened criminals in the future. There lacks empirical evidence to show the effectiveness of correctional facilities in the overall reduction of delinquency, but the punitive approach is popular in many states of the world.

Recommendations

States should utilize treatment programs, which will help the society to determine the motivation to commit crimes by the youth. This is because the youth might be facing problems ranging from child abuse, family dysfunction, substance abuse, and psychological issues. In addition, such a program will help the youth offender to cope when back in the society. There are also behavioral approaches, which states may integrate in the juvenile justice to help the young offender reform or refrain from delinquent behavior. Although this approach employs a punitive model, numerous studies suggest that the model has worked to achieve the desired change in the offenders. Nevertheless, this approach is not entirely punitive; in comparison with the other approach, this model is effective.

Most importantly, the young offenders should take part in psychological therapy; this is an important strategy for the youth to understand their self-concept. This individual counseling will further assist in determining the factors, which lead to crime. It does so by focusing on emotional and behavioral problems that instigate a youth to commit crimes. On the other hand, the state may also need to employ some specialized treatments to cater for young offenders who commit particular types of crimes. Such crimes include sexual offenses, conduct disorders, and drug abuse. These specialized treatment programs, which may take the form of groups, or based on families, will help in ascertaining and solving particular behaviors associated with the delinquent behaviors (Abrams, Kims and Anderson-Nathe, 2005).