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Children Who Commit Sex Offenses
Juvenile sexual offenses have become a major issue in the juvenile justice system given that nearly 30% of all sexual assaults on children are carried out by perpetrators below the age of 18. The increase in juvenile sexual offenses has contributed to the need for professionals to develop effective means to respond to these crimes. Moreover, this recent trend has contributed to numerous studies on juvenile sexual recidivism. According to the findings of studies conducted since the early 1980s shows that a huge portion of sexual offenses against children are carried out by those below 18 years (Wind, 2003, p.76). Further researches demonstrate that nearly 20% of rapes and between 30 and 50% of sexual offenses or abuse is carried out by juveniles, especially males.
Based on these recent statistics, juvenile sex offenders continue to pose a huge problem for the law and society. The…
Ratnayake, A.A. (2013, March 8). Juvenile Sex Offenses: Finding Justice. National Center for Prosecution of Child Abuse, 23(9), 1-4.
Wind, T.E. (2003). The Quandary of Megan's Law: When The Child Sex Offender Is A Child,
37 J. Marshall L. Rev. 73 (2003). The John Marshall Law Review, 37(1), 73-124.
Consequently, these differences in mental abilities necessitate the fact that children or juvenile offenders should be tried separately from their adult counterparts because of their mental abilities. Those in opposition to the juvenile justice system and proponents of the eradication of the juvenile courts argue that a crime is a crime regardless of who commits it and that there should be a single justice system to try both juveniles and adults. However, this argument is not only chaotic but also faulty since it has been proven that children between the age of nine and ten years have a very different mental ability to that of adults. It is therefore impossible for children within this age to plan and carry out a crime and even understand its consequences (Borkar par, 4).
Consequences of Transfers:
An examination of the recent cases of transfer of juvenile offenders to the adult criminal justice system…
Borkar, Rujuta. "Should Juveniles Be Tried as Adults." Buzzle.com: Intelligent Life on the Web. Buzzle.com, 29 June 2010. Web. 30 Nov. 2010. .
Maroney, Terry a. "Should Juveniles Be Tried as Adults?" Vanderbilt University Law School. Vanderbilt University, 8 Jan. 2007. Web. 30 Nov. 2010. .
"Should Juveniles Be Tried as Adults?" Cliff Notes: The Fastest Way to Learn. Wiley Publishing, Inc. Web. 30 Nov. 2010. .
Steinberg, Laurence. "Should Juvenile Offenders Be Tried as Adults? A Developmental Perspective on Changing Legal Policies." Temple University. Department of Psychology, Temple University, 19 Jan. 2000. Web. 30 Nov. 2010. .
Juveniles and the Legal Process
Juvenile crime is a problem that affects every society. In 2010, around 500,000 juveniles were arrested for drug abuse violations in the U.S. Some of the crimes committed by juveniles are robbery, vandalism, assault, and homicide. Some organizations have tried to help the teenagers to stop the vice because it is an issue affecting the entire community. In most states, the Juvenile Law determines the upper age-old eligibility. However, in some cases like violations or abuse, most states extend jurisdiction through 20 years. There are many reasons why juveniles engage in crimes. It has been shown that dangerous juvenile behaviors originate from domestic violence, family breakdown, and lack of parental moral supervision and guidance. One of the vital causes of juvenile delinquency is broken families. In fact, the separation of parents affects the behavior and psychology of children starting from early infancy. It is true…
Carmen, Rolando V., and Chad R. Trulson. Juvenile justice: the system, process, and the law. Belmont, CA: Thomson/Wadsworth, 2006. Print.
Elrod, Preston, and Ryder Scott R. Juvenile justice: a social, historical, and legal perspective. 3rd ed. Sudbury, Mass.: Jones and Bartlett Publishers, 2011. Print.
Hoge, Robert D., and Andrews, D.A.. Evaluation for risk of violence in juveniles. Oxford: Oxford University Press, 2010. Print.
Leverich, Jean. Juvenile justice. Farmington Hills, MI: Greenhaven Press, Gale, Cengage Learning, 2009. Print.
The law enforcement agencies in the United States reported approximately 2.11 million juvenile arrests in 2008 of people younger than 18 years. As compared to 2007, there were fewer juvenile arrests with 3% decline and 2% decline in arrests associated with violent crime. The decline in juvenile arrests continued a trend that was prevalent after 2007, which had a higher rate of arrests of people below 18 years. Actually, these arrests had escalated for nearly more than two years since the 2005 statistics. The increase during this period was accompanied with concerns that the country was on the verge of another juvenile crime wave. A significant portion of juveniles who were arrested during period were accused of violent offenses like rape, aggravated assault, and murder.
Overall Decrease in Juvenile Arrests:
In 2008, there were slightly more than 2 million people under 18 years who were arrested most of…
Cauffmann, E. (2008). Understanding the Female Offender. Juvenile Justice, 18(2). Retrieved
April 17, 2014, from http://futureofchildren.org/publications/journals/article/index.xml?journalid=31&articleid=44§ionid=134
Puzzanchera, C. (2009, December). Juvenile Arrests 2008. Retrieved from Office of Juvenile
Justice and Delinquency Prevention website: https://www.ncjrs.gov/pdffiles1/ojjdp/228479.pdf
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses do not have the same constitutional rights as those afforded adults facing similar charges. In fact, it is has been only in the past several decades that juveniles had any due process rights at all. Beginning in the mid-1960s, the courts began recognizing the need for providing juveniles with some of the same rights given to adults but the granting of these rights came about only after a shift in policy by the courts.
Traditionally, juveniles that became involved in criminal behavior were not charged with violating a criminal statute. Instead, the states set up special courts, usually identified as juvenile courts that handled juveniles as being…
Holtz, L.E. (1973). Miranda in a Juvenile Setting: A Child's Right to Silence. The Journal of Criminal Law and Criminology, 534-556.
In re Gault, 387 U.S. 1 (U.S. Supreme Court 1967).
Jenkins, R. (2002). An Historical Approach to Search and Seizure in Public Education. Washington State University Law Review, 105- 122.
052 (Barkan & Cohn, p.205).
Death Penalty Attitudes of the Offender
The same literature that shows blacks are less likely to favor capital punishment shows that black offenders are more likely to support shorter sentencing and less likely to agree with capital punishment (Baker, Lambert & Jenkins, 2005). At least, this trend is evident with regard to violent crimes. When approaching individuals and asking about minor crimes, black and white attitudes were similar (Baker, Lambert & Jenkins, 2005). However, this information is to be taken with a grain of salt, because other studies of harsh punishment suggest little differences exist in the opinions of offenders with regard to violent crime and non-violent crime, and with regard to capital punishment (Tsoudis, 2000).
Weitzer (2000) suggests black male offenders (36%) are more likely to support life sentences than they are capital punishment, especially if they come from environments that are poor and…
Baker, David N., Lambert, Eric G. & Jenkins, Morris. (2005 Mar) Racial differences in death penalty support and opposition: A preliminary study of white and black college students. Journal of Black Studies, 35(4): 201-224
Barkan, Steven & Cohn, S. (1994). Racial prejudice and support for the death penalty by whites, Journal of Research in Crime and Delinquency, 31(2): May: 202-209.
Bedau, Hugo a., & Cassell, Paul G. (2004) Debating the death penalty: Should America have capital punishment? The experts on both sides make their best case. New York: Oxford University Press.
Cochran, John & Chamlin, Mitchell. (2006) the enduring racial divide in death penalty support. Journal of Criminal Justice, 34(1): 85-99.
This had lead to a growing number of states segregating juveniles and adults within the adult prison. Judges are also taking into account the availability of beds when they determine sentences for juveniles that have been tried as adults and may go so far as putting the youth on probation rather than putting them in an adult prison with adult prisoners (Should Juveniles Be Tried as Adults, 2007).
It is often believed that if a child is old enough to do the crime, then they are old enough to do the time. While young people must be held accountable for serious crimes, the juvenile justice system was set up for precisely that reason. Channeling youth into the adult system does no good and in the end causes harm. Juveniles are not adults, and trying them in an adult court does not make them one. When these youth are tried in…
Beeler, Lori. (2009). People, They Are Not Adults. Retrieved June 8, 2009, from Web site:
Maroney, Terry. (2007). Should Juveniles Be Tried as Adults? Retrieved June 7, 2009, from Vanderbilt Law School Web site:
According to Prchal, "As the nineteenth century became the twentieth, the United States experienced an unprecedented surge in immigration. Some 3.8 million Italians, 3.4 million Slavs, and 1.8 million ussian and Eastern European Jews -- along with still more from other ethnic groups -- entered the country between 1899 and 1924" (at 189). These enormous numbers of newcomers to the country concerned those who were already here, particularly most native-born Americans; however, the ethnic composition of these new arrivals was the source of even greater concern for many: "Unlike the so-called 'old immigrants,' Prchal says, "who had come from the northern and western regions of Europe (and continued to do so in declining percentages), the majority of these 'new immigrants' were arriving from southern and eastern Europe. The descendants of the earlier immigrant groups often perceived the Italians, Slavs, Jews, and others entering the country as belonging to races that…
Laura K. Abel et al. If You Gag the Lawyers, Do You Choke the Courts? Some Implications for Judges When Funding Restrictions Curb Advocacy by Lawyers on Behalf of the Poor. 29 Fordham Urban Law J. 3, 873 (2002).
L. Anne Babb et al. Adopting and Advocating for the Special Needs Child: A Guide for Parents and Professionals (1997).
Gauri Bhattacharya. The School Adjustment of South Asian Immigrant Children in the United States. 35 Adolescence 137, 77.
Black's Law Dictionary (1990).
life have the ability (and actually do) impact each and every member of society. Crime is one such issue that crosses economic, ethnic, political, religious, and social backgrounds. One reason why crime is such a paramount issue in modern society is that it impacts individuals emotionally, financially, physically, etc. And instills a deep-rooted sense of fear in those who have been victimized. In addition, while there are a multitude of explanations for why individuals (both adults and juveniles) commit crime, no single reason explains all of the complex economic, emotional, psychological, and sociological facets associated with this issue.
In recent years, there have been numerous high profile cases involving juvenile offenders. Some of the most common yet horrifying examples of such crimes include the Columbine shootings (as well as many other school shootings involving teenagers), group killings of teachers as well as peers, etc. Not only have the number of…
Juszkieicz, Jolanta. "Youth Crime/Adult Time: Is Justice Served?" Retrieved at http://www.buildingblocksforyouth.org/ycat/ycat.html . On November 9, 2002.
Steinberg, Laurence. "Should Juvenile Offenders be Tried as Adults?" Retrieved at http://www.jcpr.org/policybriefs/vol2_num3.html . On November 9, 2002.
Frontline: Juvenile Justice: Stats: Does Treating Kids Like Adults Make a Difference?" Retrieved at
Juvenile-justice experts stress that as juveniles differ developmentally from adults, they should be treated in a different way in the criminal justice system. "Minors are generally less mature, more submissive in the face of police authority, and lack critical knowledge and experience, as compared to adults," Marsha Levick of the Juvenile Law Center in Philadelphia, in a friend-of-the-court brief, stresses. ("How should police...," 2004)
Special Miranda ule for Juveniles?
During October 1995, Detective Cheryl Comstock, Los Angeles County Sheriff's department, contacted the mother of Michael Alvarado, seventeen-years-old, who had been involved in an attempted car robbery resulting in Francisco Castaneda's murder. In turn, Alvarado's parents brought Alvarado to the Sheriff's station and advised Comstock she could interview him. Alvarado, and his parents requested that someone accompany Alvarado during the interview, however, the requests were dismissed. ("How should police...," 2004) egarding the determination of Alvardo's ultimate appeal.".. The substantive…
Bibas, S. (2003). The Real-World Shift in Criminal Procedure. Journal of Criminal Law and Criminology, 93(2-3), 789+.
Buckley, Joseph P., III. "Criminal interrogation techniques on trial.," Security Management, October 1, 1992.
CHILD INTERROGATION UNDER THE GUN ARMED ROBBERY CASE BRINGS TO LIGHT ISSUE OF WHETHER TEENS SHOULD GET TO HAVE PARENTS WITH THEM DURING QUESTIONING.(LOCAL/WISCONSIN)," Wisconsin State Journal (Madison, WI), November 8, 2004.
Fighting Depression. (2006, March 1). Manila Bulletin, p. NA.
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.
, 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
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 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.
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
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,
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 .
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.
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
In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are treated separately unlike juveniles within the jury and the constitutional accordance that assures the difference has been assured to the individuals.
The IV Amendment Search and Seizure Clause
The Fourth Amendment is one of the most prolific archives of constitution litigation in the United States of America. The application to the state through the process of Due Process Clause of the Fourteenth Amendment is unique and comprehensive to the American court systems dealing with juveniles. This amendment is depicted by issuance of connotation that protected individuals from unnecessary seizures and searches while in court proceedings. The amendment has much respect to juveniles and juvenile courts since most juveniles do not have to be apprehended…
Bueren, G.V. (1998). The international law on the rights of the child. Dordrecht [u.a.: Nijhoff.
Detrick, S. (1999). A commentary on the United Nations Convention on the Rights of the Child. The Hague [u.a.: Nijhoff Pub.
Kumar, a. (2006). Human rights and sustainable development. New Delhi: Sarup & Sons.
Siegel, L.J., & Welsh, B. (2012). Juvenile delinquency: Theory, practice, and law. Australia: Wadsworth, Cengage Learning.
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
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.
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.
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.
, 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.
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
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
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
The forensic psychology sphere can use the competency of juvenile discussion in a number of ways. First, any competency hearing of a juvenile needs to take into account that the offender's mind is still forming and finalizing and it is not the same thing as assessing a person who is, for example forty years old. That being said, younger offenders do typically know right from wrong and it is possible in a clinical sense to determine whether the offender is able to defend himself or herself. The rub is that it has to be done in a specific way and in a way that is tangibly different than with typical adult offenders. After all, though, there is not a huge difference between assessing a 17-year-old and a 18-year-old and one of those two offenders is legally and criminally an adult.
Another dimension that is going to be prevalent in a…
CBS Sacramento. (2012, July 31). Xbox Chat Leads To Violent Attack In Oakley -- CBS Sacramento. CBS Sacramento. Retrieved August 12, 2013, from http://sacramento.cbslocal.com/2012/07/31/xbox-chat-leads-to-violent-attack-in-oakley/
Harvey, A. (2011). Juvenile Courts and Competency to Stand Trial. Sociology Compass, 5(6), 439-451. doi:10.1111/j.1751-9020.2011.00377.x
Juvenile delinquency is one of the most serious social concerns facing the American society today. In 2010, for instance, juvenile offenders accounted for approximately 8% of all reported homicides. For a society that still considers itself conservative, this figure is relatively high. It is these statistics that spur the researcher's interest in investigating the reasons why juveniles engage in crime, particularly juvenile crime. Past studies have shown that most juvenile crimes are committed between 3 p.m and 7 p.m., the period when a child has left school and is primarily under the care of the parent. The current study thus focuses on showing, using the social control and social disorganization theories of crime, that the lack of social support in the home environment…
Burfeind, J.W. & Bartusch, D. (2011). Juvenile Delinquency: An Integrated Approach (2nd ed.). Sudbury, MA: Jones & Bartlett Learning.
Crime Solutions. (n.d.). Juveniles. Crime Solutions. Retrieved 5 February 2015 from http://www.crimesolutions.gov/TopicDetails.aspx?ID=5
Heide, K.M. (1999). Young Killers: The Challenge of Juvenile Homicide. Thousand Oaks, CA: Sage Publications
Sandra, W. (2007). Understanding Criminology: Current Theoretical Debates (3rd ed.). Berkshire, England: McGraw Hill.
Finally, for the purposes of this research proposal we will refer to a third study that suggests education could be at the heart of reducing juvenile delinquency statistics but the conditions in which the child is raised impacts their ability to choose between right and wrong (Hindelang, 1981).
Method and design
The goal of this study is to add to the literature that demonstrates that there is a correlation between poverty and juvenile delinquency. This researcher will begin by reviewing the available statistics provided by the state judicial system related specifically to the number of juveniles currently incarcerated at state facilities as well as the youths' offenses. Once this information has been compiled the next step will be to chart the level of income brought in by the adults within each home as well as to determine if the families live rely on welfare or government assistance for their daily…
Hindelang, M; Measuring Deliquency. Sage Library of social research; Vol. 123.
Lewis, D; Violent Juvenile Delinquents: Psychiatric, Neurological, Psychological, and Abuse Factors. Journal of the American Academy of Child Psychiatry. Vol 18, Issue 2
Loeber, R.; Development and risk factors of juvenile antisocial behavior and delinquency. Clinical Psychology Review. Vol. 10, p. 1-41. 1990.
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
List and explain the factors that affect a police officer's decision whether or not to arrest a juvenile.
One of the primary responsibilities of police officers is in the investigation of crime and the arrest of suspects. Taking a person into custody is always a serious matter and that is why officers must make sure that they have the right suspect before taking this drastic step. Even if a person is later found to be not guilty of a crime, the arrest will still impact them psychologically and sociologically, and may even follow them throughout the rest of their lives. Guilt or innocence and the punishment that a person is to receive are determined by the court system. The officer's job is to find the person responsible and to bring them in. From an emotional perspective, the responsibility can be burdensome and so every officer tries to make…
Davis, S. (1971). Justice for the juvenile: the decision to arrest and due process. Duke Law
Journal. (1971:5). 913-37.
O'Neil, R. (2010). Police policies on arresting juveniles. OLR Research Report.
Patterson, C. & Kaba, M. (2011). Arresting justice: a report about juvenile arrests in Chicago
Moreover, if an adolescent who has reached 18 commits sexual offending is considered an adult sex offender, "what does this mean for young adults who engaged in sexually abusive behavior prior to age 18?" (p. 433). ecause of this blurry line, Rich suggests, it is imperative that adolescents of older age must especially be provided with comprehensive treatment programs to prevent them from developing fixed sexualized abusive interests.
ecause of the complicated nature of the problem of juvenile sex offending, Rich offers a holistic treatment for curing juvenile sex offenders. The holistic model, grounded on the principle that the 'whole' of the person needs to be taken into consideration, must look into the nature of the individual "whose emotions, cognitions, behaviors and relationships are driven by multiple factors, many of which are unique to that individual" (p. 444). In other words, the approach should first and foremost focus on learning…
Bibliography of Scholarly References, 1970-1992. Family Relations, 42(2): 222-226.
Rich, P (2009) Understanding the Complexities and Needs of Adolescent Sex Offenders in Beech, a.R., Craig, B.A., & Browne, K.D. (Eds.) Assessment and Treatment of Sex Offenders. West Sussex, UK: Whiley-Blackwell.
Rightland, S., & Welch, C (2001) Juveniles Who Have Sexually Offended: A Review of the Professional Literature. A report to the U.S. Department of Justice: Office of Juvenile Justice and Delinquency Prevention.
Ryan, G., Leversee, T., & Lane, Sandy (2010) Juvenile Sexual Offending: Causes, Consequences, and Correction. New Jersey: Wiley & Sons.
Smallbone, S., Marshall, W.L., & Wortley, R. (2008) Preventing Child Sexual Abuse: Evidence, Policy and Practice. Portland: Willan Publishing.
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
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 .
, 2008). Respondents to the study were 250 persons, aged 19-24, recruited at birth between 1979 and 1984 and pregnant women in four clinics in Cincinnati, Ohio. The pregnant women lived in areas with high concentrations of older-type of lead-contaminated dwellings (Wright et al.). Commendable efforts have been expended to reduce exposures to tobacco and environmental lead at this time. ut millions of young people continue to be exposed to them in levels sufficient to put them at risk of persistent violent and criminal behaviors (raun et al.).
Studies conducted with a wide range of age groups, populations and types of trauma showed that traumatized children and adolescents face a high risk of developing different behavioral, psychological and neurobiological problems (Caffo et al., 2005). Early traumatic experiences can have strong and lasting behavioral and psychological consequences in the young. These include Post Traumatic Stress Disorder or PTSD, depression, anxiety…
Bartlett, R., et al. (2007). Problem behaviors in adolescents. 33 (1): 13-18 Pediatric
Nursing: Jannetti Publications, Inc. Retrieved on February 15, 2010 from http://www.medscape.com/viewarticle/555209
Braun, J.M., et al. (2008). Association of environmental toxicants and conduct disorder in U.S. children. 116 (7): 956-962 Environmental Health Perspectives: National Institute
of Environmental Health Sciences. Retrieved on February 15, 2009 from http://www.medscape.com/viewarticle/577047
Another factor to consider when determining if Jason should be tried in an adult court focuses on the child's ability to respond to treatment. It is important to understand that juvenile court is much more adapted to the rehabilitative aspect of corrections than the adult court, where little mercy and stiff penalties are the norm in today's prison culture society.
The focus should then shift to Jason's individual characteristics and abilities to see if he requires extra special attention in the form of a transfer to adult court. Jason's family life needs to be understood in greater detail as well to get a better picture on how Jason reacts in that type of environment. Any other information should also be sought after to help paint a more complete picture of Jason. These things should include his habits, friends, social networks, diet siblings and tendencies. A physical medical examination should also…
Allard, P., & Young, M.C. (2002). Prosecuting juveniles in adult court: The practitioner's perspective. Journal of Forensic Psychology Practice, 2(2), 65-77.
Bryan-Hancock, C., & Casey, S. (2011). Young People and the Justice System: Consideration of maturity in criminal responsibility. Psychiatry, Psychology and Law, 18(1), 69-78.
Bryan-Hancock, C., & Casey, S. (2010). Psychological maturity of at-risk juveniles, young adults and adults: Implications for the justice system. Psychiatry, Psychology and Law, 17(1), 57-69.
However, the prosecutor is not the only person who can seek a transfer. Juvenile court judges can also begin transfer proceedings (Michon, 2012). Furthermore, in some states there are automatic transfer laws, which require that juveniles over a certain age be tried as adults when they commit specific crimes, usually violent crimes like rape or murder. In states without automatic transfer laws, the defendant is entitled to a hearing prior to being transferred. At this hearing, which is known as the waiver hearing, fitness hearing, or certification hearing, the prosecutor has to show probable cause that the defendant committed the crime (Michon, 2012).
Establishing probable cause is only the first step in the waiver process. Once probable cause is established, it becomes the court's duty to determine whether the juvenile is likely to be rehabilitated. This is the most difficult part of the determination because it involves predicting the future…
Applegate, B., King Davis, R., & Cullen, F. (2009). Reconsidering child saving: The extent and correlates of public support for excluding youths from the juvenile court. Crime & Delinquency, 55(1), 51-77.
Fristsch, E., Caeti, T., & Hemmens, C. (1996). Spare the needle but not the punishment: The
incarceration of waived youth in Texas prisons. Crime and Delinquency, 42(4), 593-609.
Jordan, K., & Myers, D. (2007). The decertification of transferred youth: Examining the determinants of reverse waiver. Youth Violence and Juvenile Justice, 5(2), 188-206.
Juvenile and Adult Justice
Juvenile and Criminal Justice Systems
Similarities and differences: Juvenile and adult criminal justice systems
The goals of the juvenile justice and the adult criminal justice systems are fundamentally distinct. The goal of the juvenile justice system is to rehabilitate the offender and to provide aid and assistance to the juvenile, enabling him or her to become a more productive adult (La Mance 2010). In contrast, the purpose of the adult system is one of fact-finding, and is designed to see 'justice' done on a societal level: in the case of a guilty offender, this usually means him or her 'paying a debt' to society in the form of some kind of punishment. However, the adult system still does offer many rehabilitative programs for the majority of convicts, including educational and vocational training. And, depending on the state, if the severity of the crime is deemed significant…
Chapter 4: Juvenile justice system structures and processes. (1999). Juvenilia Offenders and Victims: National Report. Retrieved: https://www.ncjrs.gov/html/ojjdp/nationalreport99/chapter4.pdf
Juvenile law: status offenses. (2013). Nolo. Retrieved:
Komisaruk, Kami. 92007). Differences between juvenile and adult court. Just Law Collective.
Juvenile Offender in Hong Kong
Juvenile Offender in Hong Kong
The increase in juvenile delinquency has become a world-wide phenomenon, especially in many developed countries. This trend is also evident in cities like Hong Kong and can be seen in a recent report which asserts that the age of juvenile offenders in Kong is getting younger. This study by Pang (2008) states that, "Some juvenile delinquents are now as young as 10 and 11..." (Pang, 2008).
According to the Hong Kong Federation of Youth Groups, another disturbing indication of the increase in youth crime was the number of crimes committed by young females, which increased in 2006. "The young girls, mostly aged 13 to 14, usually like to commit crimes with their friends, like stealing accessories or cosmetics"..." ( Pang, 2008). Furthermore, this study notes that there was a thirteen percent increase in crimes committed by children…
Broadhurst R. ( 2000). Crime Trends in Hong Kong. Retrieved from http://www.crime.hku.hk/rb-crimetrends.htm
Cagape E. ( 2008). Why I think juvenile offenders are getting younger. Retrieved from http://asiancorrespondent.com/17054/why-i-think-juvenile-offenders-are-getting-younger/
Edwin H. Sutherland: Differential Association Theory. Florida State University.
Retrieved from http://criminology.fsu.edu/crimtheory/sutherland.html
Juveniles as Adults: Pros and Cons
Severe and continuing juvenile offenders are progressively being tried as adults in criminal court all over the country. These juveniles face incarcerations in adult correctional facilities and the dangers that come from being with an adult criminal population. This type of movement poses significant inquiries for policy makers. To what degree do trials in criminal courts and imprisonment in adult reformatories endorse or hinder community security and the answerability and reintegration of juvenile offenders? This research paper deliberates on the legal consequences of adjudication in criminal court and offers a comprehensive review of research discoveries on the preventive effects of transfer laws, sentencing patterns and conviction and recidivism rates in juvenile as opposed to criminal courts, and programming and conditions in juvenile as opposed to adult correctional facilities. The pros and cons of trying juveniles as adults are discussed along with the evidence to…
Bartol, C.R., & Bartol, A.M. (2011). Chapter 6 Consulting with Juvenile and Civil Courts. Introduction to forensic psychology (3 ed., pp. 187-219). Thousand Oaks, CA: Sage Publications.
Cooper, D.K. (1997). Juveniles' understanding of trial-related information: are they competent defendants?. Behavioral Sciences & the Law, 15(2), 167-180.
NCIDS. (n.d.). Chapter 3: Juvenile Court Jurisdiction and Parties to Juvenile Proceedings. Retrieved March 23, 2014, from http://www.ncids.org/other%20manuals/JuvDefenderManual/JuvenileDefBook_03.pdf
Ojo, M., & Olufemi, D. (2012). A SOCIOLOGICAL REVIEW OF ISSUES ON JUVENILE DELINQUENCY. Journal of International Social Research, 5(21), 468-482.
I wish to pursue a career in the juvenile probation area of law enforcement, as a juvenile probation officer. Mcmahon (2016) defines 'juvenile probation' as a type of juvenile sentence wherein a juvenile lawbreaker is allowed to reside within his/her communities, instead of being sent to a new home or to prison. Numerous reasons may be cited as to why juvenile lawbreakers are allowed such leniency. It is up to the court to decide whether any juvenile offender is entitled to probation or not, as well as the probation terms. Probation as a whole, forms a rather critical area of criminal justice. At times considered a test, probation enables lawbreakers to serve their sentence partially or entirely outside of jail. From the incarceration system's perspective, probation reduces costs incurred by the state, enabling prisons to concentrate on punishing dangerous and vicious criminals. Probation for juveniles in the preferred sentence as…
The Court found that the procedures used in Gault's case met none of these requirements' (Oyez, 2009). In re inship (1970) the U.S. Supreme Court ruled that it was not acceptable to find a juvenile guilty of a crime by a 'preponderance of evidence' standard when, for an adult a conviction for the same crime would require a standard of 'beyond a reasonable doubt" (Oyez, 2009).
Parity between adult and juvenile rights was established In re Gault and In re inship, while the special status of certain rights of juveniles, such as the provisions of The Juvenile Court Act was upheld in Kent. It should also be noted that the Gault decision mandated the notification of both the parent and the child of the child's right to an attorney, in deference to the child's possible inability to fully understand his or her legal rights.
Kent v. United States…
Kent v. United States (1966). Cornell University Law School. November 16, 2009.
In re Gault (1967). Oyez. November 16, 2009.
Intervening With Juvenile Drug Crimes
Researchers are now focused on developing and evaluating programs designed to break the drug-crime cycle that is common in juvenile delinquents. This paper will summarize existing literature about programs designed to prevent the juvenile drug-crime cycle and, based on that literature, identify interventions that offer the best chances for success. This paper will also provide guidelines and recommendations for developing a comprehensive juvenile justice system that can best address the needs of juvenile offenders involved with drug crimes.
This thesis is expected to make a contribution to the selection of successful interventions and the development of collaborative partnerships in the juvenile justice system, drug treatment programs, and other agencies as they attempt to break the cycle of drugs and crime afflicting U.S. juveniles.
With the prevalence of drug crimes among juveniles and the complexity involved in their treatment, which must involve both the child…
Abuse and Dependence. Child and Adolescent Psychiatric Clinics of North America 5 (1): 201-211.
Allison, M., and Hubbard, R.L. (1985). Drug abuse treatment process: A review of the literature. International Journal of the Addictions 20:13211345.
Anglin, M.D., and Hser, Y. (1990). Treatment of drug abuse. In Drugs and Crime, vol. 13, edited by M. Tonry and J.Q. Wilson. Chicago, IL: University of Chicago Press.
Ball, J.C., Rosen, J.A., Flueck, J.A., and Nurco, D.N. (1981). The criminality of heroin addicts: When addicted and when off opiates. In The Drugs-Crime Connection, edited by J.A. Inciardi. Thousand Oaks, CA: Sage Publications, Inc.
As theories claim certain risk factors and ignore others, it is critical to evaluate the most common risk factors despite their discipline fields. There are five broad domains for risk factors: Individual, family, school, peer group, and community. Another key component to understanding risk factors is the age of onset, in which early onset is considered age 6-11, and late onset is considered age 12-14 (Shader, 2002). Each of the risk factor domains are also coupled with protective factors, such as high IQ and parental monitoring, that subtract from the probability of risk factors blossoming into delinquency. isk factors of juvenile delinquency can be grouped together in a variety of ways, and the five domains of individual, family, school, peer group, and community can be distilled further into: individual, social, and community categories. The three categories also branch into sub-categories, for example, the social category includes both family and peer…
Binder, A, Geis, G, & Bruce, D. (2000). Juvenile delinquency: historical, cultural, and legal perspectives. Cincinnati, OH: Anderson Publishing Co.
Cicourel, A. (1995). The social organization of juvenile justice. Brunswick, NJ: Transaction
Farrington, D. (2002). Family influences on delinquency. Juvenile delinquency: an integrated
In the past, there was no such term as “juvenile delinquent” or “juvenile delinquency” within the justice system. As frightening as it is to consider, over a hundred years ago, children who committed crimes were thrown into prisons with adults and some children were even sentenced to corporal punishment or even death (Yale.edu, 2000). Reformers of the justice system were the ones who pushed for a distinct court system for the treatment of juveniles, with the underlying notion being that these young people could potentially be helped and reformed. “Central to the concept of juvenile court was the principle of parens patriae. This meant that instead of lawyers fighting to decide guilt or innocence, the court would act as a parent or guardian interested in protecting and helping the child” (yale.edu, 2000). These reforms were novel at the time, and helped to enact changes such as closed hearings for…
juvenile offender case you selected from news reports in your own community. Synthesize how your state's (or locale's) juvenile laws and codes would apply to your selected case. Be specific and cite your state's (or locale's) relevant laws and codes.
Juvenile justice in Indiana: Trying juveniles as adults
One of the most controversial issues in juvenile justice is the question of when a juvenile can and should be tried as an adult. In the state of Indiana, children as young as age ten can be tried in adult court. "That's younger than many states, but then some states have no age limit" (King 2012). One of the most controversial, recent examples of this phenomenon in Indiana is the case of Paul Henry Gingerich, who was convicted of murder when he was only twelve years old. Paul "pleaded guilty to conspiracy to commit murder after he and a friend fired four…
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.
Dugan: Should be on its own page.
Juvenile recidivism is a prevalent problem in the criminal justice system. Tackling reoffending remains a complex task requiring several strategies and aims. It involves research, acknowledgement of causes, factors, exploration, and evaluation of subgroups to generate long-term, positive changes in the lives of juvenile offenders. From gang violence to Interactive, Constructive, Active, and Passive (ICAP), researchers discover some of the reasons why juveniles reoffend and the kinds of intervention methods that may help or worsen the problem of juvenile recidivism. Intervention philosophies like surveillance, discipline, close monitoring may increase recidivism rates. estorative programs, counseling, skill building programs, as well as multiple coordinated services decrease recidivism rates. Comment by Max Dugan: I would put evaluation at the end of the list vs. first. Comment by Max Dugan: Need to spell out all acronyms before using in APA format.
Juvenile offenders and reoffenders are…
Aalsma, M., White, L., Lau, K., Perkins, A., Monahan, P., & Grisso, T. (2015). Behavioral Health Care Needs, Detention-Based Care, and Criminal Recidivism at Community Reentry From Juvenile Detention: A Multisite Survival Curve Analysis. American Journal Of Public Health, 105(7), 1372-1378. http://dx.doi.org/10.2105/ajph.2014.302529
Baglivio, M. & Jackowski, K. (2012). Examining the Validity of a Juvenile Offending Risk Assessment Instrument Across Gender and Race/Ethnicity. Youth Violence And Juvenile Justice, 11(1), 26-43. http://dx.doi.org/10.1177/1541204012440107
Baglivio, M., Wolff, K., Piquero, A., & Epps, N. (2015). The Relationship between Adverse Childhood Experiences (ACE) and Juvenile Offending Trajectories in a Juvenile Offender Sample. Journal Of Criminal Justice, 43(3), 229-241. http://dx.doi.org/10.1016/j.jcrimjus.2015.04.012
Bates, K. & Swan, R. (2013). Juvenile delinquency in a diverse society (1st ed.). SAGE Publications.
Criminal Justice: Juvenile Delinquency
Juvenile delinquency is described as the participation of minors, usually under the legal age of 18, in criminal activities. Cases of juvenile delinquency have increased at an alarming rate in recent years. According to the Office of Juvenile Justice and Delinquency Prevention, OJJDP (2015), juveniles under the age of 18 are responsible for about 10% of all homicides. In the period between 1990 and 2003, violent crimes by juveniles declined significantly - but after 2003, the previous trend continued and about 30% of murder crimes were attributed to delinquency. Today, the Federal Bureau of Investigation (FBI) incarcerates more than 33000 minors under the age of 18 for different criminal offenses (OJJDP, 2015). The fight against juvenile delinquency is often inconvenienced by recidivism. ecidivism occurs when juvenile offenders relapse back to their criminal ways after they are released from residential care. Majority of juvenile offenders are rearrested…
Burfeinf, J.W & Bartusch, D. (2011). Juvenile Delinquency: An Integrated Approach. Sudbury, MA: Jones and Bartlett Publishers, LLC.
National Institute of Justice (2015). Formal System Processing for Juveniles. Crime solutions. Retrieved 6 February 2015 from https://www.crimesolutions.gov/PracticeDetails.aspx?ID=9
The Office of Juvenile Justice and Delinquency Prevention. (2015). Juvenile Justice System Structure and Process. Office of Justice Programs. Retrieved 6 February 2015 from http://www.ojjdp.gov/ojstatbb/structure_process/index.html
Welsh, B. C & Siegel, L. J (2015). Juvenile Delinquency: Theory, Practice, and Law. Stamford, CT: Cengage Learning.
Criminal behavior and recidivism has been a very contentious issue over the last decade. esearch continues to garner massive support related to methods to better help offenders matriculate into society. Juvenile behavior is one of the more pressing issues within society. Juvenile behavior is particularly important as habits formed in early years are directly correlated to behavior in later years. esearch has also indicated that children or juveniles influenced by criminal activities at an early age, are more likely to commit crimes in their adolescent stage. Although a litany of methods have been devised to combat juvenile criminal behavior, results have been mixed. ecent incidents with school shootings, robberies, and vandalism indicate that juvenile criminal behavior is still profound. One interesting aspect regarding juvenile behavior is that violent acts committed by juveniles have actually decreased over the past decade. However, many juveniles are often sent to court and prosecuted as…
1) Bazemore, G., & Feder, L. (1997a). Rehabilitation in the new juvenile court: Do judges support the treatment ethic? American Journal of Criminal Justice, 21, 181-212.
2) Sickmund, M. (2004). Juveniles in corrections. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.
3) Snyder, H. (2005). Juvenile arrests 2003. Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention.
Crime and Its Impact on Youth
Crime impacts children differently than it does adults. This paper examines the differences and the reasons children are affected uniquely by crime. It looks in particularly at the multiple theories that can be used to explain these impacts, such as Strain Theory and Social Control Theory. It also identifies the unique challenges that children and adults face as they struggle to cope both with the environments in which they live and the criminal justice systems that confront them. The paper concludes that children are uniquely impacted by crime because they are still in their developmental stage, wherein their psychology and physicality are still highly susceptible to external influences.
Children suffer from the effects of crime in different ways from adults. This is primarily due to the fact that children are still developing, both cognitively and physically, whereas adults are already developed. Crime thus…
Agnew, R. (2008). Strain Theory. In V. Parrillo (Ed.), Encyclopedia of social problems.
(pp. 904-906). Thousand Oaks: SAGE.
Barrett, D., Ju, S., Katsiyannis, A., Zhang, D. (2015). Females in the juvenile justice system: influences on delinquency and recidivism. Journal of Child and Family Studies, 24: 427-433.
Benns, W. (2015). American Slavery, Reinvented. The Atlantic. Retrieved from http://www.theatlantic.com/business/archive/2015/09/prison-labor-in-america/406177/
juvenile crime," the United States continues to promote policies that channel adolescent offenders into the adult justice system ("Juvenile Justice," 2014). The PBS production When Kids Get Life examines the ramifications of trying minors as adults for serious crimes, leading to their entire lives being spent in prison with no opportunity for rehabilitation. While the crimes in these cases are severe and do warrant punishment, clearly there are other options that should be made available for juvenile offenders. The majority (87%) of adolescents in custody have been diagnosed with mental illness; a full 73% of youth in custody are diagnosed with more than one mental illness (Indig, et al., 2009, p. 21). Based on the evidence presented in When Kids Get Life and the vast body of literature on adolescent criminality, the juvenile justice system should be oriented more toward rehabilitation and mental health services than to incarceration.
Bikel, O. (Director). (2007). When kids get life [Documentary]. United States: WGBH Educational Foundation: FRONTLINE.
Indig, D. et al. (2009). 2009 NSW young people in custody health survey: full report. Retrieved online: http://www.juvenile.justice.nsw.gov.au/Documents/JH_YPICHSRep2009_D10b_00_opening.pdf
"Juvenile Justice," (2014). PBS Frontline. Retrieved online: http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/
Kent v. United States (1966). Retrieved online: https://www.law.cornell.edu/supremecourt/text/383/541
Role of Family in Juvenile Offenders
Sociology 398: Methods of Social Research
Barrett, D., Ju, S., Katsiyannis, A., Zhang, D. (2015). Females in the juvenile justice system: influences on delinquency and recidivism. Journal of Child and Family Studies, 24: 427-433.
"Our study addressed two major research questions. First, among delinquent females, what are the personal and family background variables which are useful in predicting female recidivism? Second, to what extent can we predict membership in the delinquent group versus the non-delinquent control group on the basis of females' emotional/behavioral problems and early adverse family experiences?" (2015: 428).
"Using information from a state department of juvenile justice, we examined the role of selected family and demographic variables in predicting female recidivism"
a. Variables included drug use, family delinquency, severity of the offense, and age. The control consisted of non-delinquent females.
-"multivariate logistic regression (Hosmer and Lemeshow 2000) was chosen to examine…
Juvenile Delinquency and Genetics
Genetics and Juvenile Delinquency
The role of genetics in delinquent behavior
Although the role of genetics in determining human behavior has become an increasingly popular explanation for a variety of sociological phenomenon, until recently, social learning theory tended to be the most common way to explain delinquency. This theory suggested that children 'learn' appropriate standards of behavior from parents, peers, and other adults. However, there remains the question of why certain adolescents seem to have more of a tendency to exhibit low levels of self-control, to act out, and to associate with delinquent peers. One explanation is genetics. For example, one theory suggests that the precise configuration of the prefrontal cortex has a great deal of influence over the ability of the individual to control his or her impulses, which thus influences behavior. The extent to which genetics influences behavior vs. environmental conditions is controversial, however…
Beaver, K.M., Schutt, J.E., Boutwell, B.B., Ratchford, M., Roberts, K., & Barnes, J.C. (2009).
Genetic and environmental influences on levels of self-control and delinquent peer affiliation: Results from a longitudinal sample of adolescent twins. Criminal Justice and Behavior, 36(1), 41-60
Genetics, social factors tied to male delinquency. (2008). U.S. News and World Report.
Juvenile Arrest ates
eview of the DOJ 2008 Juvenile Arrest eport
The overall rate of juvenile arrests declined by 3% between 2007 and 2008 for all persons younger than the age of 18 (Puzzanchera, 2009). This continues a trend of year-to-year reductions in overall juvenile arrest rates. Between 2004 and 2008 there was an overall 4% reduction in juvenile arrest rates and between 1999 and 2008 a 16% reduction. The source of this information is the FBI's Uniform Crime eporting Program.
Although American law enforcement agencies made 2.11 million arrests of persons under the age of 18, this does not mean that 2.11 million juveniles were arrested (Puzzanchera, 2009). A single juvenile may be arrested several times during a reporting year, which means that the number of juveniles responsible for the 2.11 million arrests is less than 2.11 million. In addition, a single juvenile may have committed multiple crimes, but…
CDC (U.S. Centers for Disease Control and Prevention). (2012). HIV and AIDS among African-American youth. Retrieved 18 Mar. 2014 from http://www.cdc.gov/nchhstp/newsroom/docs/2012/CDC-AA-Youth-0612-508.pdf .
Puzzanchera, C. (2009). Juvenile arrests 2008. Retrieved 18 Mar. 2014 from https://www.ncjrs.gov/pdffiles1/ojjdp/228479.pdf .
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
Juvenile Delinquency Is Associated With Parenting Factors Through Social Control Theory
Interventions that involve life-course unrelenting offenders should place emphasis on remedial social abilities, for them to have a chance to decrease their frequency of offence in future, and to tackle conduct disorder problems. Interventions involving teenage-onset offenders should, wherever applicable, tackle issues relating to parenting, alcohol/drug misuse, and anti-social friends. Keane, Krull and Phythian (2008) define self-control as the extent to which a person is susceptible to temptation. According to them, lack of self-restraint or self-control is a fairly universal and stable characteristic, accounting for individual discrepancies in deviant, reckless, and criminal conduct. Youngsters' parents are usually blamed for their kids' delinquent behavior. Some courts go as far as penalizing parents for their kids' antisocial actions. It is believed that weak self-control develops during early childhood, when one's family is the most central socializing agent. Therefore, lack of self-restraint…
Apel, R., & Kaukinen, C. (2008). On the relationship between family structure and antisocial behavior: Parental cohabitation and blended households. Criminology, 46, 35-70.
Asher, A. J. (2006). Exploring the relationship between parenting style and juvenile delinquency. Department of Social Studies and Family Work. Faculty of Miami University.
Baron, S. W. (2003). Self-control, social consequences, and criminal behavior: Street youth and the general theory of crime. Journal of Research in Crime and Delinquency, 40(4), 403.
Baumrind, D. (1991). The influence of parenting style on adolescence competence and substance use. Journal of Early Adolescence, 11, 56-95.