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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 carry out operations in the territories outside the jurisdiction of the United States. And sometimes persons who are citizens of other countries, either captured outside the U.S. Or within its territory, are tried in American courts. In these instances, it is not easy to ignore international laws and concerns.
The United States is also a signatory to numerous international treaties pertaining to the question of cruel and unusual punishment. If the United States is a signatory, then it is unconstitutional…
Barnes, R. (2010, May 18) Supreme Court restricts life without parole for juveniles. Washington Post. Retrieved on 15 Nov., 2011, from http://www.washingtonpost.com/wp-dyn/content/article/2010/05/17/AR2010051701355.html
Cruel and unusual punishment, Eighth Amendment to the Constitution of the United States of America. Retrieved on 15 Nov., 2011, from http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1
Lane, C. (2005, March 2) 5-4 Supreme Court Abolishes Juvenile Executions. Washington post. Retrieved on 15 Nov. 2011, from http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html
Moll, J. (2011, Nov. 1) New polling on public views on juvenile justice issues. Retrieved on 15 Nov. 2011, from http://www.rightoncrime.com/2011/11/new-polling-on-public-views-on-juvenile-justice-issues/
Ideally, diversion should take place at the earliest stages of juvenile justice processing, to refer a youth to essential services and avert further involvement in the system. On the other hand, diversion mechanisms can be put into place at later stages of justice processing, to avoid further penetration into the system and expensive out-of-home placements. Efforts to keep youth out of the juvenile justice system who otherwise would be processed by the courts have existed since the creation of juvenile courts. "During the 1960's, increasing levels of delinquency and crime, coupled with criticisms of the juvenile justice system, led to the development of alternatives for responding to youth outside of the traditional justice system. As such, the 1970's reflected considerable growth in diversion programs, bolstered by significant federal investments in these initiatives. ising juvenile crime rates in the 1980's and early 1990's caused the political pendulum to swing in the…
Austin, J., Johnson, K.D. & Weitzer, R. (2005). Alternatives to the Secure Detention and Confinement of Juvenile Offenders. Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/208804.pdf
Diversion Programs: An Overview. (1999). Retrieved from https://www.ncjrs.gov/html/ojjdp/9909-3/div.html
Juvenile Diversion Guidebook. (2011). Retrieved from http://www.modelsforchange.net/publications/301
Promising Practices in Pretrial Diversion. (2006). Retrieved from http://www.pretrial.org/Docs/Documents/PromisingPracticeFinal.pdf
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 future, the Juvenile Justice System must deal with all the current problems and its proper responses, including a multidisciplinary approach.
Challenges Faced By The Juvenile Justice System Today
Juvenile Justice System currently faces numerous problems. One judge who speaks about the most serious problems is Judge John Phillips of Harris County, Texas. Though he serves the juvenile justice system in one geographic area, he gives insights into the problems facing the entire juvenile justice system. Today's juvenile justice system must…
Dedel, K. (2010, March). Child abuse and neglect in the home. Retrieved December 9, 2013 from www.cops.usdoj.gov: http://www.cops.usdoj.gov/files/RIC/Publications/e120924248-child-abuse.pdf
Finkelhor, D., Turner, H., Ormrod, R., Hamby, S., & Kracke, K. (2003, October). Children's exposure to violence: A comprehensive national survey. Retrieved December 9, 2013 from www.ncjrs.gov Web site: https://www.ncjrs.gov/pdffiles1/ojjdp/227744.pdf
Phillips, J. (2009). Problems facing the juvenile justice system. Retrieved December 9, 2013 from www.judgejohnphillips.com Web site: http://www.judgejohnfphillips.com/downloads/HCJMHC_Overview.pdf
Sedlak, A.J., Mettenburg, J., Basena, M., Petta, I., McPherson, K., Green, A., & Li, S. (2010). Fourth national incidence study of child abuse and neglect (NIS-4) (2009-2010) - Report to Congress. Retrieved December 9, 2013 from www.law.harvard.edu Web site: http://www.law.harvard.edu/programs/about/cap/cap-conferences/rd-conference/rd-conference-papers/sedlaknis.pdf
The Juvenile Criminal Justice System
Juvenile courts and detention separate from adult courts is a relatively new concept (ABA, 2010). Before the turn of the twentieth century, the cases for individuals of all ages were managed by the same criminal and civil courts, and the same sentences were handed out to all parties. Of course, this has changed to a great extent since 1899 in the United States, but there remain those crimes for which youthful offenders, below the age of 18 are tried as adults. This paper examines how the juvenile justice system has evolved over the last 200 years, what can lead to the transfer of a juvenile case to an adult court, and what effect transfer laws have on society.
The system that is now in place to house young people who were convicted of some crime separately from adults began with the opening…
American Bar Association (ABA). (2010). The history of juvenile justice. Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/features/DYJpart 1.authcheckdam.pdf
Center on Juvenile and Criminal Justice (CJCJ). (2012). Juvenile justice history. Retrieved from http://www.cjcj.org/juvenile/justice/juvenile/justice/history/0
Cohn, J.M., & Mialon, H.M. (2010). The impact of juvenile transfer laws on juvenile crime. Retrieved from http://userwww.service.emory.edu/~hmialon/Juvenile_Transfer_Laws_and_Juven ile_Crime_Rates.pdf
Office of Juvenile Justice and Delinquency Programs (OJJDP). (2010). Juvenile transfer laws: An effective deterrent to delinquency? Juvenile Justice Bulletin. Retrieved fromhttps://www.ncjrs.gov/pdffiles1/ojjdp/220595.pdf
This Act was more focused on preventing juvenile delinquency and separating the juveniles from the adults in the correction facilities. It was argued that the juveniles learnt even worse crimes and became more radical criminals if detained together with the adult offenders. This was more pronounced during the 'Progressive Era' with proponents like Morrison Swift suggesting that the juvenile delinquents only benefited to learn more criminal tactics from the seasoned adult criminals and hence replicate them in the society at the end of their period. The Juvenile Justice and elinquency Prevention Act of 1974 introduced the Office of Juvenile Justice and elinquency Prevention (OJJP), the Runaway Youth Program, and the National Institute for Juvenile Justice and elinquency Prevention (NIJJP).
ue to the never ending diversity of nature of crime, in the 1980s through to mid 1990s there was a rise in juvenile crimes with the peak being 1994 after which…
Due to the never ending diversity of nature of crime, in the 1980s through to mid 1990s there was a rise in juvenile crimes with the peak being 1994 after which it took a nose dive. This necessitated the legislation of 'get tough on crime' measures. This was an amendment of the 1974 Juvenile Justice and Delinquency Prevention Act and it now allowed states to try juveniles as adults in cases of violent crimes and crimes involving use of weapons. In some states, there were even stipulated detention periods and standards. The prediction fronted by Potter Stewart that there would be treatment of juveniles as adult criminals came to pass then. This system no longer treated juvenile delinquents under the violent crimes as delinquents but as young criminals as rehabilitation took a back bench. It was in the same period that there was witnessed growth in juveniles who took violence as a way of life, school shootings, use of crude weapons in playing fields among other crimes (Lawyershop 2008).
This trend of transferring juvenile cases into fully fledged criminal cases has persisted to date. There has been a gradual increase in 'waiver' of cases from the juvenile courts to the state criminal courts in the recent years. Through the judicial waiver, statutory exclusion or prosecutorial discretion, the juveniles are considered 'legal adults' there are several reasons contributing to the waiver of such cases in the U.S. In the U.S. there are 36 states that have enacted legislation excluding some particular offenses from jurisdiction of juvenile courts.
Among the reasons for waiver of cases in the U.S. is the age of the offender and the seriousness of the offence or crime committed. However, there are some states where the minimum age does not apply. Majority of the cases waived to criminal courts include murder; injury directly inflicted on the victim or assault; malicious destruction of property; crimes involving disruption of public order, obstruction of justice and crime involving use of weapons; and drug offences. There are as well other minor offenses like fish and game violation that warrant waiver since they do not fall under the jurisdiction of the juvenile courts. Some courts will also offer waiver to cases of felony to repeat offender. A waiver can also be issued in some states under circumstances that the jury postulates that the offender is not susceptible to treatment. Waiving juveniles to criminal court can also be due to consideration that the involved juvenile deserves more punitive criminal court authority. It also operates on the premises that the "get tough" approach to fighting delinquency will help deter intending criminal characters. However, research has it that these more
The rest were charged only with minor offenses. The harshness of punishment in such cases appears to be disproportional to the crime. Indeed, Macallair states that the system was originally implemented to target the "worst of the worst." This does not appear to be the case in reality.
A further problem specific to Florida entails the disproportionate representation of race in cases transferred to the adult court system. According to Macallair's report, African-American youths are 2.3 times more likely than their white counterparts to be transferred to the adult court system.
A consequence of the disproportionate manner of punishment and racial representation, is the prison system and its effect on juvenile offenders. According to several reports, including those of Macallair (2000), chiraldi, and Griffin, the danger that young people face in adult prisons is more extreme than that faced by normal adults. The vulnerability of a young person often makes…
Building Blocks for Youth. (2001). Fact Sheet: Florida's experience with Trying Juveniles as Adults. http://www.buildingblocksforyouth.org/issues/transfer/facts_florida.html
Frontline. (2000) "Does treating kids like adults make a difference?" Juvenile Justice. http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/kidslikeadults.html
Griffin, Patrick. Oct. 2003. "Trying and sentencing juveniles as adults: An analysis of state transfer and blended sentencing laws." Technical Assitance to the Juvenile Court: Special Project Bulletin. http://www.nicic.org/Library/019650
Jones, Greg & Connelly, Michael. 2001. "Prison vs. Alternative Sanctions: Trying to Compare Recidivism Rates." State Commission on Criminal Sentencing Policy. http://www.msccsp.org/publications/altrecid.html
Essentially, the authors focus on keeping the separate juvenile court active within the context of American states. Therefore, Scott & Steinberg (2008) are not proposing the abolition of the juvenile court entirely, like what Feld (1998) is proposing. Scott & Steinberg (2008) believe rather that the adult system would be unable to provide any additional benefits beyond what is provided through the juvenile courts. Keeping up with a separate system to handle youths ensures a greater degree of flexibility within the system. Scott & Steinberg argue that most juvenile defenders will eventually mature out of their criminal behaviors, and so long-term punishment for crimes committed before adulthood becomes impractical. This, therefore, makes the approach not too far of a cry from how things are currently done today.
A considerable portion of the public does see the need for reform. The weight on their taxes is an increasing factor in finding…
Crippen, Gary L. (1999). The juvenile court's next century-Getting past the ill-founded talk of abolition. Journal of Constitutional Law, 2(1).
Feld, Barry C. (1998). Abolish the juvenile court: Youthfulness, criminal responsibility, and sentencing policy. The Journal of Criminal Law and Criminology, 88(1), 68-136.
Scott, E. & Steinberg, L. (2008). Rethinking Juvenile Justice. Cambridge, MA: Harvard University Press.
Criminals in the adult criminal justice system are often likely to be career criminals. Moreover, simply to survive in an adult institution, juveniles may have to adopt increasingly anti-social behavior. If the goal is to keep these children from reoffending, putting them in the same system as more experienced criminals, which does not have a deterrence effect on the adults in that system, simply seems like the wrong approach.
The fact that juveniles in the criminal justice system were more likely to reoffend than their matched controls in the juvenile justice system should change transfer policies (Bishop et al., 1996). Criminal justice officials need to understand that diversion can only be successful if the targeted individual is on a pathway to becoming a juvenile recidivist. Therefore, one must consider the individual. "Diversion programs must handle only youngsters who otherwise would enter, or penetrate further into, the justice system. We must…
Bishop, D.M., Frazier, C., Kaduce, L., & Winner, L. (1996). The transfer of juveniles to criminal court: Does it make a difference? Crime & Delinquency, 42,171-191.
Ezell, M. (1989). Juvenile arbitration: net widening and other unintended consequences.
of Research in Crime and Delinquency, 26, 358-377.
Juvenile delinquency is the misdemeanors or the breach of law that is committed by an American or a person living in America but still under the age of 18 years old. This is the common age limit that exists across most states except in Wyoming where the age is 19 years or younger (Whitehead & Lab, 1999). It is worth noting that by 2006, there were 92,854 juvenile delinquents living in the detention centers and a significant 70% were teenagers who were between 15 years and 17 years old, a smaller 15% were 18 years and another 15% being the age of 14 years (Lesley Barker, 2011).
In order to fully comprehend the nature of the current Juvenile Justice System, it is of paramount significance to peruse through the history of the juvenile system from the early years till now. Children above five years old were taken as…
Katya Komisaruk, (2007). Differences Between Juvenile and Adult Court. Retrieved October 16,
2011 from http://www.lawcollective.org/article.php?id=64
John T. Whitehead and Steven P. Lab, (199). Juvenile Justice: An Introduction. 3rd Ed.
Anderson Publishing, 1999. Retrieved October 16, 2011 from http://www.enotes.com/everyday-law-encyclopedia/juveniles
There are also theories on protective factors such as social control theory, which suggests that, absent social control force coming from the individual's bonds to community members (family, peers, school), youth will commit delinquent behavior naturally. And social capital theory argues "that the community can be strengthened by investing more in social networks, communication, and an exchange of resources" (Noyori-Corbett & Moon, 2010, p. 254). A combination and an apposite use of these theories work best in explaining the causes of juvenile delinquency.
In developing strategies for preventing and correcting delinquent behavior among the youth, it is also important to know what strategies do not work and thus should be avoided. For example, zero tolerance policies implemented in schools and by the justice system remind a martial law, which is likely to be counterproductive in dealing with adolescents. Punishment -- that is, exacting penalty for crimes committed against others --…
Bartollas, C., & Miller, S.J. (2008) Juvenile Justice in America. New Jersey: Pearson/Prentice.
Craine, J.L., Tanaka, T.A., Nishina, a., & Conger, K.J. (2009). Understanding Adolescent Delinquency: The Role of Older Siblings' Delinquency and Popularity with Peers. Merrill-Palmer Quarterly, 55(4), 436-453.
Henning, K. (2010). Denial of the Child's Right to Counsel, Voice, and Participation in Juvenile Delinquency Proceedings. Child Welfare, 89(5), 121-138.
Howell, J.C. (2009) Preventing and Reducing Juvenile Delinquency: A Comprehensive Framework. Los Angeles: Sage Publications.
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 are superior or inferior to each other.
The juvenile justice system is reported to be in a period of transition after the Children Act (1908) was replaced with the Children Act (2001) as the primary legislation that governs the juvenile justice system in the epublic of Ireland. (Seymour, n.d., paraphrased) The Children Act (2001) is reported to be representative of the first major legislative reform of the juvenile justice system in approximately one hundred years. There…
Bishop, D. And Decker, S. (nd) Juvenile Justice in the United States: A Review of Policies, Programs and Trends. Prepared for the European Working Group on Juvenile Justice Josine Junger-Tas, Convener. Retrieved from: www.esc-eurocrim.org/.../jjt_juvenile_justice_in_the_united_states.doc
Seymour, M. (nd) Juvenile Justice in the Republic of Ireland. Prepared for the Thematic Working Group on Juvenile Justice. European Society of Criminology Department of Social Sciences, Dublin Institute of Technology, Mountjoy Square, Retrieved from: www.esc-eurocrim.org/files/ch05.pdf
The state was not as the enemy but as a protector, as the ultimate guardian. There was a feeling that parents were either unwilling or unable to guide children towards good citizenship and thus intervention of public authorities was necessary (Mack, 1909).
Today the philosophy surrounding juvenile court is still a one of protector. Things are done with the best interest of the child in mind. The idea is to figure out what it is that the child needs in order for them to become productive citizens and try to provide them with that. Key questions and concerns
When looking at some of the questions and concerns that the authors have in regards to the formation of juvenile court one can see that the main concerns in the founding of the had to do with the drive to bring undesirable behavior under control (Platt, 1969) and to prevent children from…
Caldwell, R.G. (1961). The Juvenile court: its development and some major problems. The Journal of Criminal Law & Criminology 51: 493-511
Fox, S. (1996). The early history of the court. The Future of Children 6: 29-39.
Knoll, C., & Sickmund, M. (2010). Delinquency Cases in Juvenile Court, 2007.
Washington, D.C.: Office of Juvenile Justice and Delinquency Prevention
Juvenile Justice Process: A Case Study
The Juvenile Justice Process
In this text, I give a detailed description of the process a juvenile offender, Xander L., will follow from his time of arrest to eventual punishment or rehabilitation. In so doing, I will describe the key highlights of the said process including but not limited to intake and sentencing. Further, while taking into consideration the level of offense, I will also draft a letter to the judge with regard to the impending sentence. In seeking to define the above process based on the selected juvenile offender, I stand guided by the state laws and practices of the state of Florida.
It is important to note from the onset that the juvenile court procedure or process differs significantly from the adult system. Indeed, as Kupchik (2006) observes, those who established the juvenile justice system shaped it differently from the adult justice…
Kupchik, A. (2006). Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Courts. New York: NYU Press.
The Florida Department of Juvenile Justice (2012). Juvenile Justice Process. Retrieved from: http://www.djj.state.fl.us/youth-families/juvenile-justice-process
hat treatment strategies appear to be promising in meeting the varied needs of youth with addictions, mental health issues or a history of abuse? Compare and contrast treatment programs developed for these groups of offenders. Identify the role of parents, schools, juvenile courts, and specific service providers in cross-disciplinary treatment of these multi-problem youth.
For many years, researchers, clinicians, and juvenile justice program administrators have known that there is a link between drug use and juvenile crime. In many communities around the country the majority of juveniles that get into trouble are drug users. Other research has indicated that juvenile drug use plays a major role in recurring, chronic, and violent delinquency behaviors. Juvenile drug use is also related to poor health, weakening family relationships, declining school performance, and other social and psychological problems (Vanderaal, McBride, Terry-McElrath, and VanBuren, 2001).
Developing treatment programs is a complex process because it involves…
Healy, Kerry Murphy. 1999. U.S. Department of Justice. 30 March 2009
"Juvenile Justice Case Management Services JJCM and PA-JJCM" 2008. Council on Accreditation. 30 March 2009
VanderWaal, Curtis J., McBride, Duane C., Terry-McElrath, Yovonne M., VanBuren, Holly.
Juvenile Justice Culp/Comp
In general the definition of culpability refers to the concept of the individuals' ultimate responsibility for his or her actions, while competency refers to the individuals learned ability to behave appropriately, i.e. In a way that is acceptable to his or her society and within the law. Competency in a legal sense is also thought of as the individuals understanding through learning and maturity the difference between choices he or she makes, i.e. right or wrong, criminal or non-criminal. "Competency, & #8230; is the ability to understand basic court procedure, to understand the charge and the ability to assist your attorney in your defense." (Carol, 2009) Juvenile justice has since its inception almost unfailingly affirmed that children before a certain age are neither fully culpable for their actions nor fully competent to either make right or wrong choices or even defend themselves from accusation.
Challenges have been…
Carol, L. (Oct. 23, 2009). Old enough to know better: Issue of juvenile offender competency and culpability. Michigan Lawyers Weekly.
Myers, W. (2006). ROPER V. SIMMONS: THE COLLISION OF NATIONAL CONSENSUS AND PROPORTIONALITY REVIEW. Journal Of Criminal Law & Criminology, 96(3), 947-994.
Tanenhaus, D.S. (2004) Juvenile Justice in the Making. New York: Oxford University Press.
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 activities. For this reason, various APA studies have been conducted to determine juvenile culpability and the appropriate type of sentence to promote a fairer justice system.
According to the APA (2012), for example, an adolescent brain's anatomy is in a stage of development that is less mature than the fully developed adult brain. Certain key areas, for example, remain less responsive to concerns of justice and self-control than do adult brains. Juveniles, for example, are more susceptible to peer pressure…
American Psychological Association (2012, Aug. 3). Psychology Gives Courts, Policymakers Evidence to Help Judge Adolescents' Actions. Retrieved from: http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx
Cauffman, E., Steinberg, L. (2012). Emerging Findings from Research on Adolescent Development and Juvenile Justice. Victims and Offenders. 7. Retrieved from: https://www.temple.edu/psychology/lds/documents/EmergingFindingsVictimsandOffenders.pdf
E.D. is to "make his mother proud," which demonstrates some pro-social behavior and an interest in solidifying family ties.
According to the Washington State Juvenile Pre-Assessment, Xander's social risk factor is moderate. His gang associations lower his score. The combination of criminal and social history warrants a moderate risk factor for this individual.
Missouri Juvenile Court Assessment
Xander's risk score as computed by the Missouri Juvenile Court Assessment is moderate, at 7.
2. What additional information could have been used
The case study reports yield insufficient information about both individuals. For example, no information is offered about Colleen's current school status or her relationship with peers. Neither individual's case study shows any prior assessment by psychologists or diagnoses of learning or physical disabilities. Interview data with either client is also missing; it would be helpful to have some more qualitative information that would present the courts with a fuller picture…
Juvenile Offender Classification System Components. Retrieved online: http://www.courts.mo.gov/page.jsp?id=1200
Missouri Juvenile Risk Assessment. Retrieved online: http://docs.google.com/viewer?a=v&q=cache:UQlDnlcrgnQJ:www.courts.mo.gov/file.jsp%3Fid%3D1201+missouri+juvenile+risk+assessment&hl=en&pid=bl&srcid=ADGEESjzLnUqLD8RhqoXv0DKPMjRKQx72NI0ruy4CCqn1918-UgextwJEwSayggNTaxGOotava0jC0B5UxXTJBoMyfNNbbRe-b7gPzLV9FVu9wpEw2h6ckmkN1IRlwpZuZXN7wK6jJjJ&sig=AHIEtbSuYqkcsqyCDHAqQPTXT66GeyTGpg
Washington State Juvenile Court Assessment Manual. Retrieved online: http://docs.google.com/viewer?a=v&q=cache:H9j2jHEUSU4J:www.wsipp.wa.gov/rptfiles/99-01-0000.pdf+Washington+State+juvenile+Pre-screen&hl=en&pid=bl&srcid=ADGEESileYryA6UZLUBPLDDXkexXk4Ps3C_n0J7he_Fu1hfh_zKd2rCRAlg9zcwS5H5WMlsV4aFu1S7tTZzQZcxyAFVDYzVGfFY0l0ScpLp-h2nKLfvcw5fJDh4rYWd81sfTtNEJoT_O&sig=AHIEtbSx674InHSlzhHUhalB1_eRzMkZhA
" ( ) Subsidized guardianship programs exist in 38 states although in different forms, through different funding and with varying requirements for eligibility. Reasons for support of this program are such as: (1) this maintains the family bonds; honors the wishes of older children; (3) respects the cultural norms of the extended family; and (4) Limits state interference in families' lives. ( ) it is reported that the subsidized guardian programs are still being effectively integrated into the remaining U.S. court systems and implementing them in the lives of children of color.
Summary and Conclusion
Clearly today's juvenile justice worker is faced with many dilemmas concerning the placement of children of color with guardians when they are removed from the home of their biological parents. This study although brief, has shown quite conclusively that children of color are more likely to flourish and less likely to have bad outcomes normally…
For the Children in Exile (2009) DLN Issues: Native Child and Family Rights. DLN Coalition Working Group on Native Child and Family Rights and Resources and DLN Issues, Juvenile Justice. Dakota-Lakota-Nakota Human Rights Advocacy Coalition. Available online at: http://www.dlncoalition.org/dln_issues/native_child_family_rights.htm. Accessed 12 Sept 2009.
Green, Michelle Y. (2002) Minorities as Majority: Disproportionality in Child Welfare and Juvenile Justice. CWLA. Online available at: http://www.cwla.org/articles/cv0211minorities.htm . Accessed 12 Sept. 2009.
Wright, Richard and Thomas, Judge Wadie Jr. (2009) Disproportionate Representation: Communities of Color in the Domestic Violence, Juvenile Justice, and Child Welfare Systems. National Council of Juvenile and Family Court Judges. Juvenile and Family Court Journal. Vol. 54, Issue 4. Online available at: http://www3.interscience.wiley.com/journal/121472571/abstract?CRETRY=1&SRETRY=0. Accessed 12 Sept. 2009.
Racial Equity and Subsidized Guardianship: Critical Issues in Child Welfare Policy and Practice Online available at: http://www.jimcaseyyouth.org/docs/racial_equality.pdf
The resolution should not be to eliminate the system but to further restore its intended purpose, to act as a parent to children who might be lacking in parenting at home or simply need additional help to reform their actions and attitudes before they enter the adult world.
Sensationalism should not drive policy change, especially policy change that might eliminate something that would be extremely costly to rebuild from the ground up in the future. Children and adult criminals need to be separated from one another by both outcomes of sentencing and in a physical sense of space. There is no better reason to argue for the continuation of the juvenile court system than this argument. Resolution of this issue, in the opinion of this researcher is for this legislator to vote against the current bill to eliminate the juvenile court. Enough has already been done, by reactionary policy reforms…
Dodge, L. Mara. "Our Juvenile Court Has Become More like a Criminal Court": A Century of Reform at the Cook County." Michigan Historical Review 26.2 (2000): 51.
Krajicek, David J. Scooped! Media Miss Real Story on Crime While Chasing Sex, Sleaze, and Celebrities. New York: Columbia University Press, 1998.
Tanenhaus, David S. Juvenile Justice in the Making. New York: Oxford University Press, 2004.
Thomas, Karen Kruse. "Gateway to Justice: The Juvenile Court and Progressive Child Welfare in a Southern City." Journal of Southern History 72.4 (2006): 974.
hen an offender is paroled, special conditions may be placed by the parole board upon the individual, to ensure that the rehabilitative process began in prison continues. "In addition to establishing the standard rules which include paying restitution, maintaining contact with their parole agent, submitting to searches and not leaving the state without permission" ("Division of Juvenile Justice: FAQs, 2008, CDCR). These special stipulations may include counseling for substance abuse or anger management, substance abuse treatment in a residential facility, drug testing, not associating with certain individuals (like members of the offender's former gang) and even earning a high school diploma or equivalency degree. The system takes an 'interest' in the development of the young offender ("Division of Juvenile Justice: FAQs, 2008, CDCR).
The youthful offender "can earn an early discharge from parole supervision if they perform well on parole for a significant period of time," which the court system…
Introduction." (2008). CJCJ: Center on Juvenile & Criminal Justice. Retrieved 5 May 2008 at http://www.cjcj.org/jjic/intro.php
Clark, Barry. (2008). "Juvenile justice: History and philosophy." Law Library. Retrieved 5 May 2008 at http://law.jrank.org/pages/1493/Juvenile-Justice-History-Philosophy.html
Division of Juvenile Justice -- FAQs." California Department of Corrections. Retrieved 5 May 2008 at http://www.cdcr.ca.gov/Divisions_Boards/DJJ/About_DJJ/FAQs.html#q1
The State Juvenile Bureau is entrusted with the tremendous responsibility of aligning practices with core values and ethics. Juvenile justice has maintained distinct principles and practices from the adult criminal justice system for good reason. Therefore, the State Juvenile Bureau remains committed to evidence-based practice, to the ethical treatment of our youth, and to forming strategic partnerships with community organizations in order to promote both civic pride and public safety. The decisions made by the State Juvenile Bureau directly impact the effectiveness of the bureau and all stakeholders in fulfilling obligations to the public, and achieving goals and objectives. A new model of organizational culture and change management, grounded in the principles of collaboration and accountability, will help increase organizational effectiveness within the State Juvenile Bureau.
Current organizational culture within the Bureau does not preclude change, but resistance to change is evident. There are a plethora of…
Cook County State’s Attorney (2018). Juvenile justice bureau. https://www.cookcountystatesattorney.org/juvenile-justice-bureau
Nevada Department of Health and Human Services (2018). Youth parole bureau. http://dcfs.nv.gov/Programs/JJS/Youth-Parole-Bureau/
Strang, H. & Braithwaite, J. (2000). Restorative Justice. New York: Routledge.
The Future of Juvenile Justice
1. Do you think the United States will be better or worse in terms of the number of juvenile offenders and the severity of the offenses in the next 20 years? Why?
I think that the United States will be considerably better in regard to the number of juvenile offenders in tandem with the severity of the offenses committed in the next two decades. Since the onset of the 2000s, endeavors by legislators, non-profit organizations in addition to private citizens comparable have pressed for more rehabilitative endeavors to be employed in juvenile justice cases. What is definite, at least, is that the juvenile crime rate has declined substantially from the onset of the 2000s and most of them still continue to decline on an annual basis. Sustained and unrelenting efforts on the part of all persons involved within the juvenile justice system will help in…
Clark, A. B. (2017). Juvenile solitary confinement as a form of child abuse. The journal of the American Academy of Psychiatry and the Law, 45(3), 350-357.
The article explains that juvenile solitary confinement as a punitive measure in juvenile justice is equal to child abuse because of the negative impact it can have on the child’s mind. The article explains that it should be reported as child abuse and the system should not permit it. This article is relevant to the thesis because it shows that juvenile justice needs to be geared towards the fact that these are children not adults. The article’s main strength is its ability to show that juvenile solitary confinement is in fact damaging to the child’s psyche, but its weakness is that it does not provide much discussion of an alternative correctional method. Clark seems to imply that a treatment perspective is needed, but the…
Ethical Issues in Criminal Justice
The juvenile justice system has a unique position in the American justice system as a whole. Its function should be to rehabilitate the juvenile offender before he or she becomes an adult criminal. Juvenile records are expunged when the individual becomes an adult. There are, of course, some exceptions of when a juvenile who commits a very serious crime and is charged as an adult, but for the most part, in theory, juvenile criminals have a unique status. Juvenile offenders also are unique in that because of their age they may be guilty of particular crimes that only juveniles can be convicted of, in the form of so-called status offenses. Status offenses such as truancy, violating age-specific curfews, running away, drinking alcohol, are crimes which would not be considered crimes at all if committed by adults (“Status Offenses,” 2020).
Status offenses are controversial and raise…
Treatment Versus Punishment: That Is the Question!
When it comes to the question of whether treatment or punishment should be used for juvenile offenders, it is important to remember that juveniles are still developing into adults: their minds, bodies, impulses and cognitive processes are still in formation phases and they do not have the kind of control that one might expect or assume of an adult. Juveniles are children, in other words, and if a child is ever thrown into a cage society is more than likely to label it child abuse. Yet every year children are tried and punished for crimes as though they were adults. While sometimes punitive approaches to juvenile justice may be necessary in order to teach a lesson, they should not be on the scale of what they are for adults. The focus of juvenile justice should be on rehabilitation—not punishment. This paper will…
juvenile justice interventions to parental intervention and readiness for change. The study evaluates Parenting with Love Limits (PLL) group therapy program to determine its effect on adolescent behavior and its effect on parent factors as well as parent adolescent relationship and readiness for change.
The methods and procedures used in conducting this study are descriptive and experimental. It also involves statistical analysis of data. It also reviews previous studies that relates to it. It is descriptive in the sense that it gives a reader an insight into what terminologies like recidivism, re-adjudication, and community based intervention mean with regard to reducing adolescent oppositional and conduct disorders. The design was experimental in the sense that it used The Child Behavior Checklist (CBCL) to measure behavioral problems and social competencies of children as reported by their parents. The parents are reported to have completed the CBCL by themselves. The CBCL integrates 118…
Sells, S.P., Early, K.W. & Smith, T.E. (2011). Reducing Adolescent Oppositional and Conduct
Disorders: An Experimental Design Using the Parenting with Love and Limits Model. Professional Issues in Criminal Justice 6(3&4), 9-30.
Warr, M. (2005). Making delinquent friends: Adult supervision and children's affiliations.
Criminology, 43(1), 77 -- 106.
Juvenile Justice Compare
The author of this report has been asked to do a compare and contrast of the juvenile justice system of three different states. While all states have a juvenile justice framework, each state does things at least a little differently and thus these differences and outliers should be explored and explained. The three states that will be compared and contrasted are New York, California and Georgia. While these three states have stark similarities, they also have ways that are entirely different from each other for whatever reason.
New York has a decentralized framework when it comes to the handling and adjudication of criminal justice cases for juveniles. The detention and probation supervision of juveniles in New York is done by the Local/Executive branch of government. The Juvenile Corrections arm of law enforcement resides in the statehouse while after-care supervision is done by a combination of the state…
JJGPS. (2016). States - JJGPS - Juvenile Justice, Geography, Policy, Practice & Statistics. Jjgps.org. Retrieved 25 February 2016, from http://www.jjgps.org/states
NCJJ. (2005). State Juvenile Justice Profiles, 2005 (pp. 1-392). Pittsburgh, PA: NCJJ.
NCJJ. (2016). National Center for Juvenile Justice. NCJJ.org. Retrieved 25 February 2016, from http://www.ncjj.org
NCSC. (2016). CSP Introduction. Ncsc.org. Retrieved 25 February 2016, from http://www.ncsc.org/Sitecore/Content/Microsites/PopUp/Home/CSP/CSP_Intro
The historic year of 1910, which was marked by South Africa's unification, saw an attempt to develop a national prison and punitive policy. This goal was encapsulated within the 13th Act of 1911 (Prisons and Reformatories Act) as well as within the establishment of a Prisons Department. The Act served to revoke, partially or completely, every penal system-related law in place within the country's four colonies prior to its unification (i.e., laws implemented between 1902 and 1910) (Singh, 2005). Nooshin Erfani-Ghadimi claims that prisons in the nation are often overpopulated, thereby overburdening their ventilation, sanitation, and healthcare facilities. Single cells may be used to house three inmates while the communal cells that are meant to house forty inmates may be packed with twice that amount of inmates, forcing them to sleep in triple or double bunks (Smith-Spark, 2014).
Brazil's Justice Ministry is in charge of the nation's prison system, whose…
Future ole of the Juvenile Justice System in the United States
Young people are naturally prone to experimentation and impulsive behaviors that frequently result in their involvement with the law enforcement community, and police officers today generally enjoy wide latitude in resolving these incidents. In fact, in some if not most cases, police officers can release young offenders into the custody of their parents or guardians without the further involvement of the criminal justice system. Even when young offenders are arrested, though, the juvenile justice system tends to afford them with more leniency than their adult counterparts, due in part to the view that the role of the juvenile justice system is to rehabilitate rather than punish. These enlightened views of juvenile justice, though, are being replaced with "get-tough-on-crime" approaches in some states, and there remains a paucity of standardized models for states to follow. To gain some fresh insights…
Alridge, D.P. (2005, Summer). Introduction: Hip hop in history: Past, present, and future. The Journal of African-American History, 90(3), 190-193.
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Boyd, T. (2002). The new H.N.I.C.: The death of civil rights and the reign of hip hop. New York:
Brookins, G.K. & Hirsch, J.A. (2002, Summer). Innocence lost: Case studies of children in the juvenile justice system. The Journal of Negro Education, 71(3), 205-210.
Treating Juvenile Delinquency
Delinquency treatment program:
Peer mentoring program for African-American male juveniles
A brief description of your community
African-American males are disproportionately represented in the incarcerated juvenile population, relative to their percentage of the general population. The reasons for this have been hotly debated amongst criminal justice professionals and laypersons. Possible reasons include racism within the police and justice systems, the ways laws are written, and also a lack of vocational opportunities. According to one study conducted by the U.S. Department of Justice in New Jersey, while 10% of white juveniles were adjudicated and sentenced for their first-degree offenses, more than 31% of African-American juveniles received sentences for the same crimes; white juvenile offenders were similarly found to receive lesser sentences than African-Americans in the state of Florida (Drakeford & Garfinkle 2000). Dealing with the unique problems of African-Americans within juvenile detention centers is clearly an essential…
Black male dropouts lead nation in incarceration. (2012). PR News wire. Retrieved:
Drakeford, Will & Garfinkle, Lili Frank. (2000). Differential treatment of African-American
The National Center on Education, Disability and Juvenile Justice. Retrieved:
Visions of Juvenile Justice," author Christopher Slobogin (2009) writes about the difficulties that juveniles face in the criminal justice system of the United States. The article is part of a collection of opinion essays regarding the issues of juvenile criminals and victims. Slobogin's view is that there is a lack of agreement in this country about what the proper punishment is for juvenile offenders and that without a uniform attitude towards this issue, there is an inequality in the country. There are some groups who advocate lenient treatment towards juveniles and a focus on rehabilitation and education. On the other side, there are those who believe that youthful people should not be excused for violent crimes simply because of age and that the punishment should fit the crime without taking the age of the offender too much into consideration.
In the United States, people who commit crimes are punished, no…
Slobogin, Christopher (2009). "Different Visions of Juvenile Justice." Children as Victims,
Witnesses, and Offenders. New York, NY: Guilford. 385-402.
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already take on the hardened attitude normally associated with adult offenders. As a result, some juveniles are too far gone to reach through non-punitive methods by the time they reach high school age.
In terms of the protections afforded by American due process principles, those principles are essential to the fair administration of criminal justice and they provide a much more fair judicial system than those of most other countries (Dershowitz 2002).
However, in terms of the distinction between due process with respect to suspending concepts of guilt in crimes perpetrated by juveniles, the strict application of punitive sentences for criminal conduct may sometimes be more appropriate. Certainly, there are…
Dershowitz, a.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Friedman, L.M. (2005). A History of American Law. New York: Touchstone.
Pinizzotto, a., Davis, E., Miller, C. (2007). Street Gang Mentality: A Mosaic of Remorseless Violence and Relentless Loyalty. FBI Law Enforcement Bulletin, Sep. 2007: 1-7.
Schmalleger, F. (2008) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
Virginia Juvenile Justice Process
In 1800's the juvenile justice system was created to reform U.S.A. policies regarding youth offenders. United state's original intent of juvenile justice system has shifted due to a number of reforms aimed at both protecting the "due process of law" rights of youth, and creating an aversion towards jail among the young, these reforms has made the system more comparable to the adult system
History of Juvenile Competency Services in Virginia:
After a year long study conducted by the Virginia commission on youth the juvenile competency statutes were enacted. there were individuals from different groups that participated in the study, these individuals were from the Office of the Attorney General, juvenile court judges, prosecutors, public defenders, children's advocates, faculty from the University of Virginia and the University of ichmond, and senior administrative personnel from the state department of mental health, the state department of juvenile justice,…
Commonwealth of Virginia, (2011). Steps in the Virginia Juvenile Justice System. Retrieved September 9, 2011 from:
Eisten Law, (2008). History of America's Juvenile Justice System. Retrieved September 9, 2011 from http://www.lawyershop.com/practice-areas/criminal-law/juvenile-law/history
As Schmalleger explains, the American juvenile-justice system was designed a century ago to reform kids found guilty of minor crimes, but more and more, the system has to cope with more violent crimes committed by younger people. The response on the part of lawmakers has been largely to siphon the worst of these young people out of the juvenile system by lowering the age at which juveniles charged with serious crimes can be tried in adult courts, a trend that seems to increase around election time. The underlying philosophy of early juvenile courts was parens patriae, which means that the courts took the role of parent and protected the rights of the child. Shifting the child to adult court reduces his or her rights rather than increasing them and also bring son harsher punishments. As Daniel P. Mears notes, the creators of the juvenile court system thought it would…
Eskridge, Chris W. Criminal Justice, 4th edition. New York: Roxbury, 1993.
Schmalleger, Frank. Criminal Justice Today 8th edition. Upper Saddle River, New Jersey: Pearson/Prentice Hall, 2005.
Victimization: Juvenile Justice
Victimization of juveniles is more widespread and prevalent than is commonly perceived. This view is shared by many experts in the field who study the statistical data relating to victimization. More than 800, 000 children - or 12 per 1, 0000 - were victims of crime, abuse or maltreatment in 2000. Sixty-three percent of maltreated children were neglected, nineteen percent were physically abused, ten percent were sexually abused, and eight percent were emotionally or psychologically maltreated. NCVC)
In a recently released report on teen victims of crime, the National Centre for Victims of Crime urged that the problems of juvenile victimization must be addressed to find solutions. "The victimization of teenagers in America has gone largely unrecognized. Instead, in the context of crime and violence, our nation's young people are more typically characterized as troublemakers, predators, and violent criminals. When victimization has been recognized, public attention has…
Almost 1 in 10 murder victims aged 18 to 21 were black. (Ibid., p. 1) African-American youths were almost twice as likely (92% higher rate) than White youths to be victimized by aggravated assault. Another report breaks down the statistics by race in the following:
"Approximately 885,623 African-Americans were victims of violent crime during 2001. Blacks had the highest rate of violent victimization of any other racial group (31.2 per 1,000). In 2001, approximately 750,400 Hispanics experienced violent crime. Of men, the percentage of Hispanics who reported their violent victimization to the police is higher than for any other racial/ethnic group, while the same holds true for black women." ( ibid) Other reports state that African-American teenagers are twice as likely to report maltreatment and five times more likely to be killed in a shooting incident than white teenagers. American Indian teenagers however are more likely than any other group
eforming the Juvenile Justice System: In Search of Justice and Accountability
While the overall crime rate has steadily decreased over the last decade throughout the country, there is one segment of crime that has been increasing: criminal offences committed by juveniles (National Criminal Justice eference Service: 2002). In the last 15 years, according to the Federal Bureau of Investigation, the incidence of criminal offences committed by juveniles (under the age of 15) increased 94%. While a number of these juveniles were convicted of committing petty crimes such as vandalism and theft, there has been a significant increase in the number of serious juvenile offences such as robberies, weapons offences, assaults, and murders. However, there is something that is not quantitatively measured in these crime statistics -- the increasing brutality and ruthlessness of the crimes committed by juvenile offenders. Over the last two decades, we have seen an increasing string of…
Richard Bonnie, "The Competence of Criminal Defendants: A Theoretical Reformulation," Behavior, Science, & Law 291(10), 1992.
Charlotte Faltermayer, "What Is Justice For A Sixth-Grade Killer?" Time Magazine 151(13): April 6, 1998
Thomas Grisso, "Society's Retributive Response to Juvenile Violence: A Developmental Perspective," Law & Human Behavior 229 (20), 1996.
Thomas Grisso, "The Competence of Adolescents as Trial Defendants, Psychology, Public Policy, and Law," (forthcoming)
Forensic Social Work: Discussion 9
Discuss whether or not the Juvenile Justice System is a racial justice issue.
It is important to note, from the onset, that according to Robles-Ramamurthy and Watson (2019), there are various research studies that have been conducted in the past in an attempt to assess the extent of racial disparities in the juvenile justice system. As the authors further point out, there are many who have also “raised concerns about the differential treatment and selection of youth based on race” (117). There is no doubt whatsoever that when racial representation in the juvenile justice system is disproportionate, concerns about equality of treatment as well as fundamental fairness are bound to be raised. At present, the juvenile justice system has major disparities in as far as minority youth involvement versus white youth involvement is concerned.
It should be noted that as the National Research Council and…
National Research Council and Institute of Medicine (2001). Juvenile Crime, Juvenile Justice. Washington, DC: The National Academies Press.
National Conference of State Legislatures – NCSL (2020). Racial and Ethnic Disparities in the Juvenile Justice System. Retrieved from https://www.ncsl.org/research/civil-and-criminal-justice/racial-and-ethnic-disparities-in-the-juvenile-justice-system.aspx
National Juvenile Justice Network (2020). Reducing Racial and Ethnic Disparities in Juvenile Justice Systems: Promising Practices. Retrieved from http://www.njjn.org/our-work/reducing-racial-and-ethnic-disparities-in-juvenile-justice-systems-promising-practice s
Robles-Ramamurthy, B. & Watson, C. (2019). Examining Racial Disparities in Juvenile Justice. The Journal of the American Academy of Psychiatry and the Law, 48(3), 115-125.
In July, 2001, a 14-year-old boy died following the brutal treatment he was subjected to at the Fountain Hills facility in Arizona. The staff had forced him to "stand in the Arizona sun" in 100-degree temperatures, wearing black sweat pants, according to an article in the Journal of Child and Adolescent Psychiatric Nursing (Bush, 2001). When he - or any of the other inmates - asked for water or food, he was "forced to eat mud." Also, the staff "stomped on the boys' chests and arms with boots if they did not perform tasks required of them."
In Prince Georges County, Maryland, on May 14 of 2001, a 17-year-old boy died of asphyxia when a teacher cut off his airway "in the act of restraining him." The article's writer, Carol Bush, asks: "Is it not time for the medical and nursing professionals to speak out on behalf of troubled youth…
Bush, Carol. (2001). Youth at risk - in facilities that are supposed to help! Journal of Child and Adolescent Psychiatric Nursing, 14(4), 200.
Commission on Behavioral and Social Sciences and Education (2001). Juvenile Crime,
Juvenile Justice: Executive Summary. Retrieved February 26, 2005, from the National Academies Press. Web site: http://www.nap.edu/openbook/0309068428/html/index.html .
Mackenzie, Doris Layton, Gover, Angela R, Armstrong, Gaylene Styve, & Mitchell,
acism and Mental Health Issues in Juvenile Justice Systems
It seems that, not only are juvenile justice systems deficient in mental health services, and not only is there a disparity between services for whites and African-American youths - but some juvenile facilities may even be contributing to the deterioration of kids' emotional and mental well-being. This paper looks at racial prejudice in the administration of juvenile justice from the point-of-view of who gets locked up, what happens once they're in, and the built-in system cruelty.
ace: Chances of incarceration are far greater if you're a Black kid
Between the years 1985 and 1994, delinquency cases brought through the Juvenile Justice System (JJS) increased by 41%; but more disturbing is the fact that in that time period, delinquency cases involving blacks jumped 78% and cases involving other non-white youths skyrocketed by 94% (Lardiero, 1997). Another key fact illustrating the institutional bias…
Bishop, Donna M., & Frazier, Charles E. (1996). Race effects in juvenile justice
Decision-making: finding of a statewide analysis. Journal of Criminal Law and Criminology. 86, 392-414.
Glasser, Jeff (2000, May 8). And Justice for Some. U.S. News & World Report.
Lardiero, Carl J. (1997). Of disproportionate minority confinement. Corrections Today. 59, 14-16.
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).
During the 19th century,…
Abrams, L.S., Kim, K., & Anderson-Nathe, B. (2005). Paradoxes of treatment in the juvenile corrections. Child and youth car form, 34(1), 7-25.
Caldwell, B. (2011). Punishment vs. restoration: A comparative analysis of juvenile delinquency law in the United States and Mexico.
Hirth, D. (2001). Early intensive help for high-risk juveniles. Corrections today, 80-83.
Perlin, M. (2013). Collaborative justice. Criminology and Law Enforcement, 1-3.
Shifting to a restorative model, acknowledging the needs of victims
Shifting to a restorative model, acknowledging the needs of victims
The adult justice system in America has long focused upon retribution and community restoration as well as rehabilitation of offenders. Victims must be 'made whole,' not just offenders within the adult system. However, the juvenile justice system has had a far less clear focus upon the restoration of justice to the community than that of its adult counterpart. This is partially due to the oft-expressed view that juveniles are less morally responsible than adults. Juvenile records are usually 'wiped clean' after the adolescents have served their time in probation or prison. The focus of the juvenile justice system is always on the improvement of the life of the juvenile and to reduce the likelihood of recidivism, rather than outright punishment.
On the other hand,…
Balanced and restorative justice. (2010). OJJDP report: Guide for implementing the balanced and restorative justice model. Retrieved July 4, 2010. http://www.ojjdp.ncjrs.gov/pubs/implementing/balanced.html
Giacomazzi, Andrew L. (2005, February). Review of Restorative justice by Ruth Ann
Strickland. (New York, NY: Peter Lang, 2004). LPBR. 15.2: 139-142. Retrieved July 4,
Juvenile criminal justice system has enforced laws, which govern the rules for determining whether a juvenile criminal is eligible for a sentence or a counseling period is mandatory to alter the behaviors of such individuals. This system has been effectively placed for children less than the age of 21 who have reportedly committed crimes in various forms such as sex offenders; murderers etc. (Whitehead & Lab, 2012). In this aspect, several crimes have taken place in USA marking the statistics in the country by 32% of the total juvenile crime statistics (Whitehead & Lab, 2012). In this essay, a case study of one of the most fierce juvenile crime acts have been presented which explains a situation where the juvenile criminal was at first ordered to be treated as an adult for the sentence purposes due to committing first degree of the crime. However, later due to his…
Bell, S.J. (2011). Young Offenders and Youth Justice: A Century After the Fact. Toronto: Cengage Learning .
Jones, B. (2012, April 13). http://www.usatoday.com /news. Retrieved from
, 2009). While there are schools in the juvenile system, some of these Hispanic children may come in so behind in their educations that they will requires special services to bring them current in their educations. Therefore, educational and mental health concerns are highlighted for Hispanic youth entering into the juvenile justice system.
The juvenile justice system in the United States is out-of-control. While Fairfax County, Virginia's juvenile justice system is not experiencing the same problems as other areas, it would be erroneous to assume that its system is still the best way of dealing with juvenile offenders. Fairfax County has a large Hispanic population, and Hispanic youth are overrepresented in its juvenile justice system. One must assume that a lack of cultural sensitivity has helped contribute to this problem. Ensuring that Hispanic youth and their families have access to the same quality of non-penal services as other youth…
Chambers, B. (2009, June 11). Latino youth in the juvenile justice system -- key facts.
Retrieved October 11, 2011 from Reclaiming Futures website: http://www.reclaimingfutures.org/blog/node/1028
County of Fairfax Virginia. (2011). Delinquency (juvenile criminal cases). Retrieved
Juveniles may commit crimes on the same level as adults do, but they are of a special case because of their age and relative psychological immaturity. The purpose of the juvenile justice system is to rehabilitate the minors and help them integrate better into the society. As research shows, police officers come into contact with different kinds of juveniles offenders. They may be mentally ill or handicapped. Some of them come from disorderly families, or are routinely abused physically and sexually by parents or other family members. Others may be simply neglected or have no family support when they are in need (Bartollas & Miller, 2008, pp. 101-2; Cole & Smith, 2007, p. 554). These unique circumstances make juveniles a special case.
As Lawrence and Hemmens (2008) write, police officers need to take special measures in treating juveniles during and after arrest especially because "young persons' views and attitudes toward…
Arundel, a. (2010) Arrest and Custody of Juveniles. Retrieved on February 17, 2011, from http://www.aacounty.org/Police/RulesRegs/Sections17-19/1702JuvArrestCust.pdf
Bartollas, C., & Miller, S.J. (2008) Juvenile Justice in America (5th edition). Upper Saddle River, NJ: Pearson/Prentice Hall.
Cole, G.F., & Smith, C.E. (2007) the American System of Criminal Justice (11th edition). Belmont, CA: Wadsworth.
"Juvenile Arrest and Detention" (n.d.) Criminal Law Free Advice. Retrieved on February 18, 2011, from http://criminal-law.freeadvice.com/juvenile_law/juvenile-detention.htm
According to Lawlor, Connecticut has "developed a flexible approach geared toward immediate intervention and proven results" (Lawlor). He explains that not every teenaged car thief with a record of several arrests should be sent to prison, just as not every 10-year-old first time truant needs to be simply sent home to his parents (Lawlor).
The state of Connecticut has sole responsibility for all probation, adult and juvenile, and all graduated sanctions programs are operated by the state or by private, non-profit organizations funded by the state (Lawlor). For more than twenty years, the term 'juvenile' in the state of Connecticut refers to only youths under the age of sixteen; youths who are sixteen years and older are treated as adults for all crimes (Lawlor). In 1995, before the graduated sanctions were implemented, the most serious violent juveniles were the focus of the juvenile court, and all other cases were for…
Bilchik, Shay. "Sentencing juveniles to adult facilities fails youths and society."
Corrections Today. April 1, 2003. Retrieved November 30, 2006 from HighBeam Research Library.
Feld, Barry C. "Abolish the juvenile court: youthfulness, criminal responsibility, and sentencing policy. Journal of Criminal Law and Criminology. September 22, 1997. Retrieved November 30, 2006 from HighBeam Research Library.
Grisso, Thomas. "The evolution of adolescence: a developmental perspective on juvenile justice reform. Journal of Criminal Law and Criminology. September 22, 1997. Retrieved November 30, 2006 from HighBeam Research Library.
Juvenile Total Institutions
Total Institutions ( prisons/jails) juveniles. A. Discuss history B. Goals C. programming youth held . D. Issues/Problems Present facilities Below Guideline paper. 1. Students expected draw information class material scholarly sources journal articles, government websites, NPO websites.
Bortner and Williams (1997)
define a total institution as a physical location such as a prison or a reformatory where all the total needs of the residents are met. The needs of the individuals are mostly physical such as health, clothing, nutrition, shelter, etc. For juveniles, total institutions must be able to meet their educational and psychological needs as the youth. For an institution to quality as a total institution, the totality of the care that is provided in the institutions must be reflected in the round the clock confinement of the residents including holidays and weekends Shoemaker, 2009.
argues that in many different ways, correctional institutions also…
ABA Division for Public Education. The History of Juvenile Justice. In ABA Division for Public Education (Ed.), Dialogue on Youth and Justice (pp. 1-8). Chicago, IL: American bar association.
Austin, J., Johnson, K.D., & Weitzer, R. (2005). Alternatives to the Secure Detention and Confinement of Juvenile Offenders (pp. 41). Rockville, MD: Office of Juvenile Justice and Delinquency Prevention, U.S. Dept of Justice.
Bortner, M.A., & Williams, L. (1997). Youth in Prison. New York: Rutledge.
Commonwealth v. Fisher, No. 213 48 (1905).
Juvenile Delincency in Urban Areas
Juvenile delinquency is a contemporary term for an old problem. One of the oldest relevant studies of the phenomenon was 'social disorganization' theory, which was developed by the Chicago school of sociology in the 1920's. This theory posits that there exist areas in a city in which traditional institutions have little or no control. This was studied in Chicago using a system of 'Concentric Zones' which demonstrated that most of the crime in the city occurs within certain areas that are typically associated with poverty. According to studies conducted by Shaw and McKay in the 1940's, "a preponderance of the delinquent boys lived either in areas adjacent to the central business and industrial district or along the two forks of the Chicago River, ack of the Yards, or in South Chicago, with relatively few in other outlying areas." (Jacoby, 13)
Shaw and McKay discovered a…
Carlin Wong. Clifford R. Shaw and Henry D. McKay: The Social Disorganization Theory. Center for Spacially Oriented Social Science. 2002.
Terence Morris. The Criminal Area: A Study in Social Ecology Routledge & Paul, 1966
Robert C. Trojanowicz, Merry Morash, and Pamela Schram. Juvenile Delinquency Concepts and Control, 6th Edition. Prentice Hall: 2000.
Walter B. Miller. The Growth of Youth Gang Problems in the United States: 1970-98. U.S. Department of Justice: Office of Juvenile Justice and Delinquency Prevention. April, 2001.
Gangs have been thorns on the flesh of the citizens of the United States no wonder they have occupied a prominent position in American criminological literature. Gang wars between the Crips and the Bloods in Los Angeles are testament to the gang culture among certain communities in the United States. As opposed to the Dutch youth who are interested in music and romance of the West Side Story, especially the video clips and compact disc with gangster rap, the Americans juveniles appear to have negative associations (Klein, 2001). The language of the youngsters perceived to be engaging in juvenile gang activities is characterized by hyperbole and contains refers to competition and violence. The youth style personified by rappers like Tupac Shakur and Notorious B.I.G. who appeared to talk about the hard life in their neighborhoods referred to juvenile gangs. This research paper seeks to review literature on criminal…
Defleur, L.B. (1967). Delinquent Gangs in Cross-Cultural Perspective: the Case of Cordoba.
Journal of Research in Crime and Delinquency 4(1), 132-141.
Flores, J.R. (2006). Juvenile Offenders and Victims: 2006 National Report. Retrieved from http://www.eric.ed.gov/PDFS/ED495786.pdf
Klein, M. (2001). The Eurogang Paradox: Street Gangs and Youth Groups in the U.S. And Europe. Dordrecht: Kluwer Academic Publishers.
Juvenile facilities provide intensive and specialized therapeutic programs with brilliant results. The juvenile placed in juveniles' corrections enjoy an education-centered curriculum and trained staff that functions exclusively with the juvenile offenders' population. On the contrary, those juvenile held in adult jails and prisons do not enjoy these services (Siegel 2009, 671). Understanding that juveniles hold different emotional, safety, social and physical requirements from adult offenders, guidelines requiring certified juveniles to get placements in divergent setting other than adult prisons and jails is paramount. More than sixteen states in America hold certified juveniles in juvenile corrections and not in adult prison until these offenders reach eighteen years.
Six states hold juvenile in juvenile facilities until they attain the age of 21. Pennsylvania and Virginia passed the laws requiring that juveniles, regardless of their crime, get placement in juvenile correction facilities and not in adult jails (Dietch 2011, p.11). This is because…
Deitch, M 2011. Juveniles in the adult criminal justice system in Texas. The University of Texas at Austin, school of Public Affairs.pp.1-44.
Elrod, P., Ryder, C 2011. Juvenile justice: A social, historical and legal perspective. Michigan: Jones & Bartlett Learning.
Roberts, a., Springer, D 2007. Social work in juvenile and criminal justice settings. Texas: Charles C. Thomas Publisher.
Siegel, L 2009. Introduction to criminal justice. New York: Cengage Learning.
They must also determine what types of delinquent behavior and youth violence are causing the greatest concern in the community. (Medaris, 1996, para.# 5)
As can be seen from the above statement of the first step in implementing the SHOCAP program in any community, first look at statistics on juvenile crime and second ask the community what it is most afraid of with regard to juvenile crime. This intention seriously contradicts the intention of the juvenile justice system to demonstrate focus on individual cases of each juvenile offender and give it adequate time for understanding of all mitigating circumstances, rather than seeking to understand outside fear of crime. Many factors contribute to public opinion of crime and not all of those factors are realistically and truly connected to real crime occurrences and/or statistics. The "mitigating" factors of public crime fear are in dire need of reevaluation, starting with unrealistic and…
Cothern, L. (November 2000) "Juveniles and the Death Penalty," Office of Juvenile Justice and Delinquency Prevention (OJJDP) Coordinating Council on Juvenile Justice and Delinquency Prevention. Accessed July, 10, 2008
Medaris, M (August 1996) "Serious Habitual Offender Comprehensive Action Program. (SHOCAP)" Office of Juvenile Justice and Delinquency Prevention (OJJDP) Factsheet Accessed July, 10, 2008, http://www.ncjrs.gov/txtfiles/shocap.txt
Based on statistics, nearly one million eighth graders admit getting drunk and another 1.2 million twelfth graders are considered binge drinkers. Heroin use by young adults has doubled from 1991 to 1996 and even teenage compulsive gambling is on the rise (http://www.einstein.edu/e3front.dll?durki=8576,2004).
Youth Gangs and Violence - The Starting Point
It should be noted that violence started from the family affecting the whole society. hat an individual has for a family, what can be seen in the society, what is seen in the environment are all clear reflections of the kind of people a certain society is bringing up - whether it is a deviance to the society or not.
Now, pertaining to the crimes and how the government solved it, it must be remembered that the laws are already there, it is already being maintained by the concerned officials and followed the U.S. citizen. But there are still some…
Capital punishment." 2004 [online] Duhaime.org. http://www.duhaime.org/dictionary/dict-c.htm .
Capital Punishment: Pros." 1998 [online]
Cerf, Vinton G. Computer Networking: Global Infrastructure for the 21st Century. 1997. February 21, 2004. http://www.cs.washington.edu/homes/lazowska/cra/networks.html
e. school, religious activities, sports, family involvement)." ("Juvenile detention," 2005, p. 11-12). These negative affects of increased usage not only directly affect juvenile drug abusers with increased occurrence of detention, but also make less effective rehabilitation programs needed for these young offenders.
Over the last two decades, there have been a plethora of clinical trial research that have identified effective adolescent substance use prevention programs.
Sadly, funding for drug use prevention services has decreased over recent years, partly due to the increased need for drug user treatment for young people. As an example, in 2002, Congress reduced funding for community drug prevention studies at the U.S. Center for Substance Abuse Prevention (CSAP), by $50 million, in order to increase drug user treatment studies at the Center for Substance Abuse Treatment. With reduced funding, it is of even greater importance that prevention programs are as effective as possible. Kumpfer,…
Bilchik, S. (1997). From the administrator. Retrieved September 21, 2007, at http://www.ncjrs.gov/pdffiles1/167251.pdf .
Juvenile detention as a disposition. (2005). Journal of Juvenile Justice Services, 20(2). Retrieved September 21, 2007, from Academic Search Premier database.
Kumpfer, K., Alvarado, R., & Whiteside, H. (Jul 2003). Family-based interventions for substance use and misuse prevention. Substance Use & Misuse, 38(11-13). Retrieved September 21, 2007, from Academic Search Premier database.
Lexcen, F. & Redding, R. (2000). Substance abuse and dependence in juvenile offenders. Retrieved September 21, 2007, at http://www.ilppp.virginia.edu/Juvenile_Forensic_Fact_Sheets/SubAbuse.html .
The juvenile diversion system was established with funding from the iverside County Juvenile Justice Crime Prevention Act of 2000, approved by the California Board of Corrections. This was a multi-year evaluation research project and was divided into five distinct areas to evaluate programs approved by the Board of Corrections, these being the Community-Based Probation Diversion, Youth Accountability Teams, the Gang Prevention-Project BIDGE, and the Family Violence Prevention Program-P.A.C.T., Youth Accountability Boards, and Youth Courts. The evaluation was meant to collect baseline data and follow-up data to measure the success of each program, with the data including juvenile arrest rates per 100,000; arrest rates for program participants; incarceration rats; rate of completion of probation; probation violation rate; rate of completion of restitution; rate of completion of community service; and rates of truancy and family violence for those to which these apply. Performance benchmarks were to be developed for each program (iverside…
Johnson, J.E. (1979, April 6). "The Impact of Juvenile Diversion: An Assessment Using Multiple Archival Perspectives."
Retrieved May 24, 2007 at http://eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED177411&ERICExtSearch_SearchType_0=eric_accno&accno=ED177411 .
Nadell-Hayes, S. & Macallair, D. (1995) Restructuring Juvenile Corrections in California: A Report to the Legislature. Retrieved May 24, 2007 at http://www.cjcj.org/pdf/restructuring.pdf .
Riverside County Juvenile Justice Crime Prevention Act (a.B. 1913) Projects (2007). Retrieved May 25, 2007 at http://ccjr.csusb.edu/ProgEvalRiversideProjects.htm .
The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. ut the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another is that young offenders need to be rehabilitated under a surrogate entity of the parens patriae concept. Another is a recent redefinition of young violent offenders as adults and their transfer to adult courts and the criminal or adult justice system. There has been increasing belief that they pose a serious and genuine threat to the safety of other young people and the community as a whole. An increase in serious juvenile crimes warrants more severe punishment. ut moving them…
Calderon, M (2006). A reflective comparison of the juvenile criminal justice system vs. The adult criminal justice system. 23 web pages. Anai Rhoads. Retrieved on April 29, 2008 at http://www.anairhoads.org/calderon/juvadult.shtml
Colquitt, J. (2002). American Criminal Justice System. Retrieved on April 30, 2008 from http://www.law.ua.edu/conquitt/crimmain/crimmisc/crime.htm
Hopson, R. K and Obidah, J.E. (2002). When getting tough means getting tougher.
21 pages. The Journal of Negro Education: Howard University
Economic conditions that have forced both parents to work and have caused teenaged unemployment have also been associated with delinquency, as children are not only unsupervised, but also unoccupied. In addition to this, children who face undue hardships, such as physical and sexual abuse, as well as failure to perform academically, also often turn to delinquency (oberts, 2005). Like Kim and Kim (2008) point out for South Korean children, stress is a likely culprit for the fact that dealing with difficult situations turns into delinquency in youth. This problem is further compounded if the youth has not had instruction in making good choices from parents and teachers (oberts, 2005).
Thus, although they are on separate sides of the world, the United States and South Korea face many of the same problems when it comes to juvenile delinquents. In both countries, the lack of a definite role for criminal justice personnel…
Kim, H. & Kim, H. (2006). Discriminative Factor Analysis of Juvenile Delinquency in South Korea. Taehan Kanho Hakhoe chi, 36(8), 1315-1323.
Kim, H. & Kim, H. (2008). Juvenile Delinquency and Youth Crime. New York: Nova.
Library of Congress (2009). A Country Study: South Korea. Retrieved August 18, 2009,
from the Library of Congress Web Site: http://memory.loc.gov/frd/cs/krtoc.html
Since biblical times, children have been mentioned and admonished about social transgressions. The first man and woman, according to the Christian Holy Bible suggest that Adam and Eve, both children of God, were in trouble from the outset; the consequences were dire with no "out" such as rehabilitation. Today, of course, we see that rehabilitation is the primary focus for children's behaviors. Further, social attitudes toward children differ around the world in various cultures. These attitudes have changed over time, of course. The purpose of this paper is to detail differences in perception of children throughout history, with a particular emphasis in the periods between 1824-1960 and, in contrast the "modern" period after 1960.
The age at which children are considered responsible for their own actions (e.g., marriage, voting, etc.) has also changed over time, and this is reflected in the way they are treated in courts of law.…
Melchiorre, A. (2004) At What Age?...are school-children employed, married and taken to court? Retrieved from: http://www.right-to-education.org/node/53
Rachel K. Jones and April Brayfield, Life's greatest joy?: European attitudes toward the centrality of children. Social Forces, Vol. 75, No. 4, Jun 1997. 1,239-69 pp. Chapel Hill, North Carolina
Akers, R.L. (1973). Law and Control in Society. Englewood Cliffs, NJ: Prentice-Hall.
, 1914, p. 500).
Meanwhile when the state asserts control over the child due to his non-criminal behavior that governmental intervention supports parens patriae, Siegel maintains. (Parens patriae in Latin means "substitute parent"; its been the court's prerogative to intervene in cases where through no fault of his own a child has been neglected or is dependent, Alarid, et al., explains on page 326). States' intervention supports parens patriae simply because state courts believe -- and they assume without really knowing for certain -- that status offender is in his best interests (Siegel, 17). Approximately 150,000 under age youths (technically children) are sent to juvenile court as "status offenders" every year, Siegel explains (17). This policy takes due process and throws it out the window, just because the individual is under age.
The U.S. Congress passed the Juvenile Justice and Delinquency Prevention Act in 1974, which provides funds to make…
Alarid, Leanne Fiftal, and Del Carmen, Rolando V. (2010). Community-Based Corrections.
Florence, KY: Cengage Learning.
McLaughlin, Andrew Cunningham, and Hart, Albert Bushnell. (1914). Cyclopedia of American
Government, Volume 1. Emeryville, CA: D. Appleton and Company.
In addition, the threat of being placed in an adult facility not only doesn't lower crime rates among juveniles, but increases their chances of recidivism and violent behavior (Elikann, 1999). As one critic of the current laws stated: "This country's laws recognize that juveniles are too young to drink alcohol, vote, engage in legal contracts and enter into marriage, all because they are still developing mentally and emotionally" (Bilchik, 2003). Yet today, approximately 200,000 young offenders are funneled directly into the adult court system, "the majority for property crimes and drug-related offenses" (Bilchik, 2003). Sadly, while there are situations in which even an adolescent is a "lost cause" and must be kept locked away, the great majority of cases in which juveniles are tried as adults are unnecessary and unwise (Elikann, 1999). Granted, the juvenile justice system is overloaded and needs to change, but channeling children into the adult system…
Biden, J. (2). Attacking Youth Violence. Criminal Justice Ethics, 17 (1), 1998.
Bilchik, S. (2003). Sentencing Juveniles to Adult Facilities Fails Youths and Society. Corrections Today, 65 (2), 21.
Elikann, P. (1999). Superpredators: The Demonization of Our Children by the Law. Reading, MA: Perseus.
Feld, B. (1997). Abolish the Juvenile Court: Youthfulness, Criminal Responsibility, and Sentencing Policy. Journal of Criminal Law and Criminology, 88 (1), 68-136.
In this form of punishment, authorities find infractions, encourage compliance and reward or punish and take away rights depending on the individual's response. In 1957, Fritz edl and David Wineman (as cited in Vander Ven, 2009) wrote about another approach in their book, the Aggressive Child, which proved to be much more successful at their juvenile residence Pioneer House. However, for various reasons, their methodology never received much of a following (Vander Ven, 2009).
Now, residential institutions are revisiting edl and Wineman's approach, which has greater credibility due to insights in the behavioral sciences over the past several decades. The distinction between typical youth and those who hate and are filled with anger, say edl and Wineman, is that while neither always behave perfectly, typical children will respond to interventions that remind them of what is good behavior. However, even these "normal" children under certain types of stress may not…
Edmondson, V.C. (2009) a new business: redirecting Black youth from the illegal economy
Reclaiming Children and Youth 18(3), 16-21 Hide details
Edwards, D.M. (2002). From illegal to legitimate professions: Alternatives to low-wage employment. UAB McNair Chronicle 3, 42-47.
Peterson, S.B. (2009) Made in America: the Global Youth Justice Movement: with more than 1,200 local youth and teen court programs in America -- Europe, Australia, Asia, and Canada are now implementing this model to harness the positive peer influence of youth volunteers to reduce juvenile crime. Reclaiming Children and Youth 18 (2), 48-53
Juvenile drug courts are among the most recent innovations in the treatment of substance-involved adolescents in the justice system. Their emergence in the 1990s was driven by the rising rates of substance abuse among adolescents -- a 2000 report by the Center for Disease Control and Prevention, for instance, showed that substance usage among high school students had risen substantially in the 1990s, with almost 9.5% being cocaine users; a third being binge drinkers, and 14.6% being inhalant users (Office of Justice Programs, 2003). In line with these statistics, the rate of juvenile crime rose by a massive 145% during this period compared to the rate reported in the last decade (Office of Justice Programs, 2003). Juvenile drug courts were established after it became apparent that the traditional juvenile court system did not deal effectively with substance abuse, mental illness and other related problems owing to its lack of specialization…
Chassin, L. (2008). Juvenile Justice and Substance Use. The Future of Children, 18(2), 165-183.
Cooper, C.S. (2001). Juvenile Drug Court Programs. The Office of Juvenile Justice and Delinquency Prevention. Retrieved August 10, 2015 from https://www.ncjrs.gov/pdffiles1/ojjdp/184744.pdf
Office of Justice Programs. (2003). Juvenile Drug Courts: Strategies in Practice. Office of Justice Programs. Retrieved August 10, 2015 from https://www.ncjrs.gov/pdffiles1/bja/197866.pdf
United States District Court for the District of South Carolina. (2015). BRIDGE Program: Mission Statement and Policies. United States District Court for the District of South Carolina. Retrieved August 10, 2015 from http://www.scp.uscourts.gov/Downloads/BRIDGEProgramMissionPolicies.pdf