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Liberal philosophies of criminal justice and conservative philosophies of criminal justice are often compared. In general the two philosophies are associated with the purpose and therefore type of result one might expect from arrest, prosecution, conviction and sentencing. In the liberal philosophy of criminal justice the general idea is that any sentence that is handed down to the offender should be one that supports reformation and rehabilitation while in the conservative philosophy the ideation is that sentences should be punishments with an emphasis on protecting the public and making sure the offender feels the repercussions of his or her actions. This can also be applied to juvenile justice and has since its inception near the time of the civil war in the U.S. (Tanenhaus xiii-xvi)
The early inception of this separate judicial system is that children who fall in the category to end up in juvenile court should in fact be parented by the state. The idea being that children cannot be "reformed" by punishment as they have yet to be "formed." (Tanenhaus 23) Many also link juvenile justice at its...
(Willrich 716) The previous legal ramifications for juvenile delinquents were the same or in some cases even harsher on children than adults and the progressive era, a markedly liberal period brought about the idea that children had less culpability than adults for actions as they were not mentally mature enough to make good or bad decisions independent of their environment.
The tough on crime era beginning in the 1980s has had the tendency to rekindle the idea that children (and their parents) should be both held accountable as culpable individuals for their criminal actions and should be punished in some way that left a…
Resources
Dodge, L.M. (2000) Our Juvenile Court Has Become More like a Criminal Court: A Century of Reform at the Cook County. Michigan Historical Review 26 (2) 51.
Krajicek, D.J. (1998) Scooped! Media Miss Real Story on Crime While Chasing Sex, Sleaze, and Celebrities. New York: Columbia University Press.
Tanenhaus, D.S. (2004) Juvenile Justice in the Making. New York: Oxford University Press.
Willrich, M. (2003) The Juvenile Court and the Progressives. The Historian 65 (3) 716.
Sentencing in Criminal Justice Systems Sentencing Philosophies: The United States Sentencing Commission (USSC) has several purposes, among them to: a) "establish sentencing priorities and practices for the federal courts"; b) help the executive branch and Congress as they develop crime policies; and c) to serve as a source of reliable data for the counts, Congress, the public, the scholarly community (www.ussc.gov). The USSC guidelines (philosophy) seek to establishing sentencing strategies that "incorporate
I do not believe that this occurred because people became less concerned about the welfare of prisoners, or that America had simply become 'hardened' to the idea of trying to help people. I believe it merely came out of a frustration on the part of Americans who were desperate for an alternative that actually worked. Every night on the news, people are bombarded with story after story about criminal
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. The Constitution pitted Federalists against Anti-Federalists. The former wanted a central government that acted as the top force over all the states; the latter wanted no central government -- because, after
Realist, Liberal, Critical Theorist Rousseau: Realist, Liberal, Critical Theorist? What is Rousseau's real Philosophical identity? There are several questions and ideas to be addressed and analyzed in this paper. One: Is Jean-Jacques Rousseau a realist -- can it be said from the assigned essay, without equivocation that his views follow those of classic realism? (Realism: the doctrine that puts forth the idea that universals only exist outside one's mind; the insistence that all
Just as in the realm of economics, different individuals possess different capabilities, aptitudes, and qualifications for different careers. Civil rights issues and equality in academia and employment have progressed to the point where less deserving and less qualified individuals receive some of the opportunities that were better earned by others who are more qualified. This reverse racism and reverse sexism is not conducive to a society that emphasizes initiative and
Further, the physical well-being of everyone should be respected and there should be a guarantee that a "minimum level of material well-being, including basic [human needs], must be met by society, Peffer posits, explaining his view of Rawlsianism. The functions of a human being are important to respect, and basic liberties including: freedom of speech, assembly, thought, movement and other rights should be respected, Peffer continues. Moreover, freedom from arbitrary