Juvenile Delinquency: First-Time vs. Repeat Offenders

Introduction to 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 approximately 10% of all homicides. In the period between 1990 and 2003, violent crimes by juveniles declined significantly. However, 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 33,000 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. The majority of juvenile offenders are rearrested within two years of release. This text examines 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 and Probation

In the context of this text, a first-time offender is a minor who is caught engaging in a criminal act for the first 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 whether they will return to criminal acts when released (Burfeind and Bartusch, 2011). When handled with severity, first-time offenses 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 approach 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 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.

Fifteen-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 and then decides whether to dismiss it, handle it informally, or formally. Jennifer does not have a past criminal record; therefore, this is considered a status offense and probation will be granted. According to OJJDP (2015), Jennifer will be allowed to return 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 offense for a first-time offender. The disposition in this case therefore includes restitution, where Jennifer pays back for the damage through community service, mandatory school attendance, and participation in rehabilitation programs. If the probation officer is satisfied with Jennifer's progress and ascertains that all conditions agreed upon in the consent decree have been met, the juvenile case will be dismissed.

Repeat Juvenile Offenders and Court Transfer

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 take place in either 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 review of the various circumstances of the case, a judge may approve the waiver petition and the case goes to criminal court, or if it is not approved, hearings are set in a juvenile court. At disposition hearings, judges consider a range of options, which include placement with foster care or a group, commitment in an institution, or referral 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 approach came about in recent years due to 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 require parole. If charged as an adult, Tom will be charged under the criminal justice act and he may receive a life sentence or other such sentences for public prosecution.

Conclusion

Despite the recent increase in juvenile cases, the juvenile justice system should maintain its principle aim of rehabilitating offenders, not merely punishing them. The system is armed with effective processes and dispositional measures that will ensure juvenile offenders are handled accordingly. First-time offenders should be given a chance to reverse their actions, and repeat offenders should be given all possible choices for rehabilitation and reform.