Juvenile Delinquency: Criminal Justice

Criminal Justice: Juvenile Delinquency Juvenile delinquency is described as the participation of minors, usually under the legal age of 18, in criminal activities. Cases of juvenile delinquency have increased at an alarming rate in recent years. According to the Office of Juvenile Justice and Delinquency Prevention, OJJDP (2015), juveniles under the age of 18 are responsible for about 10% of all homicides. In the period between 1990 and 2003, violent crimes by juveniles declined significantly - but after 2003, the previous trend continued and about 30% of murder crimes were attributed to delinquency.

Today, the Federal Bureau of Investigation (FBI) incarcerates more than 33000 minors under the age of 18 for different criminal offenses (OJJDP, 2015). The fight against juvenile delinquency is often inconvenienced by recidivism. Recidivism occurs when juvenile offenders relapse back to their criminal ways after they are released from residential care. Majority of juvenile offenders are rearrested within two years of release. This text looks at two cases: Tom who recidivates, and Jennifer - a first time offender, and also explains the process of the juvenile justice system and the possible dispositional outcomes.

First time offenders In the context of this text, a first time offender is a minor who gets caught engaging in a criminal act for the fast time and who does not own or have a criminal record. It has been argued that the way first time offenders are handled greatly determines if they will go back to criminal acts when released (Burfeind and Bartusch, 2011).

When handled with severity, first time offences give law enforcement agencies a chance to reverse habits that may lead to serious crimes in the future and also give the offenders a chance to learn to take responsibility and reform. Siegel and Welsh (2015) refer to this as the specific deterrence theory, which holds that young offenders are less likely to repeat a criminal act if they are punished severely.

In punishing the juvenile offenders, the National Institute of Justice (2015) states that after considering the age of the offenders, seriousness of the crime and the upbringing of the concerned individual(s) "the juvenile justice system often relies on rehabilitative sanctions and alternatives to detention when dealing with youth, especially nonviolent first-time offenders." Probation is often considered the best community program for low risk first time offenders I5-year-old Jennifer has been detained by the police for vandalism.

Since she is a first time offender, the officer handling the case first obtains information from the victims then decides whether to dismiss it, handle it informally, or formally. Jennifer does not have past criminal record - therefore, this is considered a status offense and probation will be granted. According to the OJJDP (2015), Jennifer will be allowed to go back to her normal life but will be required to comply with certain conditions set by the court and agreed upon under a consent decree.

There are usually regular visits between a first time offender and a probation officer, where progress is monitored. Vandalism is not categorized as a severe offence for a first time offender. The disposition in this case, therefore, includes: restitution, where Jennifer pays back for the damage using community service, mandatory school attendance, and participation in rehabilitation programs. If the probation officer is satisfied with Jennifer's progress and ascertains that all the conditions agreed upon by the consent decree have been met, the juvenile case will be dismissed.

Repeat juvenile offender Repeat offenders are required to have a formal hearing in court. There have been numerous cases where repeat juvenile offenders who engage in violent activities are treated as adult offenders. In fact, Welsh and Siegel (2015) state that approximately 25,000 minors are serving time in adult jails. Depending on the criminal act, the hearing can either take place in a criminal court or a juvenile court. Most repeat juvenile cases that involve violent and serious crimes require a waiver petition to transfer the case to criminal court.

After the review of the various circumstances of the case, a judge may approve the waiver petition and the case goes to a criminal court or if it is not approved, hearings are set in a juvenile court. At deposition hearings, judges consider a range of options which include: placement with foster care or a group, being committed in an institution, or being referred to an outside agency (OJJDP, 2015).

One example of a minor charged in criminal court is that of Alyssa Bustamante, a 15-year-old in Missouri, who murdered Elizabeth Olten, a 9-year-old. Alyssa was sentenced to life in prison. Despite being a 16-year-old repeat offender, Tom is detained for attempted murder by the police. Due to his previous offenses and the seriousness of the crime, he is likely to be tried as an adult to discourage him from engaging in additional risky behavior.

This came about in recent years due to the increased violence among minors, and the notion that adult jails are more effective punishment. In fact, the Supreme Court itself singled out murder as a crime that does not necessarily need parole. If charged as an adult, Tom will be charged under the criminal justice act and he may get a life sentence or other such sentences for public prosecution.

Should juvenile offenders be charged in adult courts? Although adult courts seem like the most effective punishment for repeat juvenile offenders, recent studies have established that these courts may have an undesirable effect. Welsh and Siegel (2015) explain that interacting with adult hard core criminals in prison exposes young juveniles to bad lifestyles and these adults can easily influence their (young juveniles") attitudes negatively, which may make them worse criminals once they finish their term and go back to the community.

Gangs in prison also have the tendency to give the false impression of a good lifestyle and minors may yearn to be part of that group and engage in criminal acts to get the same lifestyle. Since teenage is a delicate age where individuals are influenced by their friends, jailing some young offenders may give rise to new offenders in the community (Burfeind and Bartusch, 2011). Welsh and Siegel (2015) give an example of Timothy who started displaying delinquent tendencies from the early age of 13.

However, an assessment proved he was suffering from mental problems because he was being heavily bullied in school and had been violently abused by many of his mother's partners. Combined efforts of a community social worker and his teachers saw him reform. Even if charging juvenile offenders as adults could reduce the level of crime, the costs would be enormous since the prison system.