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Some of the guidelines have, as Mears indicates, "…veered strongly toward retribution and incapacitation." To wit, politicians run for office on promises to get tough on crime, and hence they pass laws like "three strikes" and "zero tolerance" that do not allow for sentencing that is based on the offender's age, his background, and his previous record (Riestenberg, 2006). The solution that should be sought would be having the court "consider the needs of the offender" and how to go about meeting those needs (Mears, 2002).
Question one (d): A system of graduated sanctions that offers a flexible option for prosecutors and judges would be ideal in the juvenile justice system. One of the "treatments" (or policies) that is offered as a sanction that has a positive aspect to it is restorative justice, where the person committing the crime is brought together with the victim. This has been used as a response to "crime, bullying, and disciplinary violations," and Riestenberg sees it as an intervention that offers a degree of accountability, fairness and responds to "unique events" (Riestenberg, 2006). This would be graduated...
The relevant trade-offs: In the case of restorative justice, the state or county makes a valiant move to bring the offender to a point where he can learn empathy and forgiveness; the trade-off is the savings in staff and expenses for keeping the adolescent in juvenile detention. In the case of repeat violent offenders, the boot camp model -- despite incomplete empirical research -- is seen to be cost-effective and can provide a nurturing albeit strict life-style change for the offenders (Bottcher, et al., 2005). The trade off is getting the offender out of an institutional setting and into a natural world setting, which is less stifling and offers physical exercise as a way to blow off steam.
In conclusion, the problems associated with juvenile lawbreaking and the various government approaches to punishment and rehabilitation have not been solved and may not be resolved in the foreseeable future. What is certain, and this was covered in this paper, is that a balance should be achieved between the need to punish and the need to help the offender in any way the system…
Juvenile Justice System currently faces a number of challenges in dealing with delinquency. Many of those problems are underlying problems such as mental health issues, child abuse, child neglect, lack of funding, and the disconnection between professions dealing with children, all of which contribute to delinquency. The high incidence of child abuse and child neglect, in particularly, have been directly linked to delinquency and must be sufficiently addressed. In the
In principle, the United States should follow international treaties only if it is a signatory to that specific treaty. However, the Supreme Court of the United States cannot ignore international standards completely either. There are several reasons for this. The world is becoming more and more globalized. Large numbers of immigrants have flocked to the United States in the last several decades and likewise American military and the FBI increasingly
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Juvenile Justice System Ireland The objective of this work is to examine the juvenile justice system in Ireland and then to compare it with the juvenile justice system of the United States. Additionally, the strengths and weaknesses of the juvenile justice system in Ireland will be examined as well as what improvements might could be made to the system, what the U.S. could learn from Ireland, and what aspects of each
Juvenile justice system is more than a century old, there are still significant controversies involved in terms of public policy and specific penalties. This is especially the case with severe crimes that, in adult courts, would result in life without parole or the death penalty. In the juvenile system, public policy has at best been somewhat confused regarding the best way to penalize youthful persons who engage in severe criminal
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