Abstract This paper looks at the way in which juvenile offenders were punished as harshly as adult offenders and were subject to corporal and capital punishment, prior to the 1800's. It discusses how the current American system of juvenilejustice is based on hundreds of years of legal traditions, some of which are discussed in brief in this paper.
From the Paper "In the early 1800's, people were starting to see children in a different light, as persons at a unique level of human development rather than little adults; with equal moral and cognitive capacities. Several alternatives to imprisonment came about during the 1800's. The cottage system eliminated large congregate living situations and placed smaller cottage-like buildings together. The placing out system placed adolescents from urban slum areas with families in rural areas to teach them how to work and learn under the guidance of a family. Upper class, troubled adolescents were sent to military school to learn discipline. In the late 1800's and early 1900's, juvenile and family courts were established to separate juvenile delinquents from adult criminals. The child-saving movement was started at this time and the juvenile system was changed to include juvenile, courts, probation, child guidance clinics, truant officers and reformatories."
This well-researched paper examines the juvenilejustice system and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenilejustice system, dating back to the 1820s and until the present. The juvenilejustice system in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenilejustice system from 1820 which found that when juvenile crime is determined to be high, the justice system responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenilejustice system and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract The paper compares and contrasts the juvenilejustice systems of the United States and Japan. The paper shows how each juvenilejustice system was established and how each system handles the processing of juveniles through the court system.
From the Paper "It abolished the minimum age of detainment at a Juvenile Training School. These schools are reform schools and are for juveniles under the age of 14 that have no criminal liability. They have a strong emphasis on education and vocational training. Upon leaving a Training School the juvenile is placed on probation. In the United States, in Dane County, Wisconsin, Family Court handles all petitions filed against juveniles."
Tags: probation, officer, rehabilitating, juveniles, detention, facility, primary, care
Abstract This paper responds to the issue of creating a new juvenilejustice program in San Francisco, California. It discusses a brief history of the problem with the current system, and relates that other states have adopted successful programs that San Francisco could easily adopt as well. It also discusses financing for the program and the juveniles that would be involved.
From the Paper "Within San Francisco there exists a lower crime rate than in most major cities (Macallair). However, the juvenile justice system is greatly flawed in that juvenile halls, and detention centers are ill kept, unsafe, and overcrowded. This mirrors the history of the juvenile justice system, according to Krisberg ("Legacy" 122). Furthermore, juvenile halls within San Francisco are comprised of both serious and non-serious offenders, creating "schools of crime", and situations that lead first time offenders to return to the criminal justice system. Krisberg suggests that the juvenile halls of San Francisco are no more than "warehouses" for youth offenders that require the young to be held from two to thirty days awaiting their first hearing. In this time they are often treated with brutality, learn crime for more violent offenders, and suffer in unsafe living conditions (Krasny). "
Abstract This paper discusses the rulings of the Supreme Court of the United States that have had long lasting affects on the juvenilejustice system. The paper contends that each ruling by the justices has been centered around the 14th amendment to the constitution, and provides case evidence to support this thesis. The paper gives examples of long term effects.
From the Paper "The juvenile justice system was created in 1899 to protect youths who were convicted of crimes from being incarcerated with violent adults (Males and Macallair 1). From the beginning, however, judges had the right to transfer any juvenile they wished to adult courts, and jails, at the judges own discretion. Furthermore, as the increase in juvenile crime has taken place over the last few decades the juvenile justice system has been in a continuous battle with society over how juveniles should be tried, incarcerated, and punished. Many believe that the philosophy in handling juvenile crime in the United States should be one that centers on making punishments tougher, and thereby, deterring future juvenile criminals. "
Abstract This paper explains that England and Canada appear to have juvenilejustice systems similar to the system in the U.S. The author points out that, under the Youthful Offenders Act of 1854, England's JuvenileJustice System was created separate from the adult system. The paper relates that the Canada's juvenilejustice system has gone through three different phases throughout the 20th century; the JuvenileJustice Act of 1908 defined the age of juvenile delinquency from 7 to either 17 or 18, depending on the province; in the 1960s and 1970s, Canada protected children by legal rights, especially constitutional rights; and, in 1995, an act amended the Young Offenders Act to focus on a multidisciplinary approach focused on why young people commit crimes and on rehabilitation.
Table of Contents
England's JuvenileJustice System
Prevention
The Persistent Young Offender
Overview of Youth Court
Summary
Canada's JuvenileJustice System
Canada's Youth Court
Summary
From the Paper "Over the past few decades England has been trying to deal with an increasing crime rate. Property offenses have been increasing dramatically, which is creating a big concern for the public as well as those that work in the system. Throughout the past decade, the British have put a great deal of focus on dealing with a desire to divert more young people away from the formal adjudicatory process, while also developing a plan that deals with the most serious and persistent young offenders. Several Acts have been enacted to attempt to facilitate the administration and delivery of both objectives; they include the Criminal Justice Act (1991), the Criminal Justice and Public Order Act (1994), the Crime and Disorder Act (1998), and the Youth Justice and Criminal Evidence Act (1999)."
Abstract This paper discusses five factors that are believed to be significant in the occurrence and prevention of juvenile delinquency. It explores the ways in which the family, community, law enforcement, probation and courts can utilize the information to improve the juvenilejustice system. Finally, the paper gives recommendations for future improvements to the juvenilejustice system.
Table of Contents:
Abstract
Family
Education
Environment
Social Status
Religion
Law Enforcement
Courts
Probation
Conclusion
From the Paper "With the recent influx of juvenile crime, especially serious crimes, the juvenile justice system has taken a lot of criticisms as to its mission and effectiveness. Society as a whole is becoming more interested which prompts law makers and law enforcers to take a harder look at the current system. During this paper, we are going to discuss five concepts that we believe to be the most significant social facts in the occurrence and/or prevention of juvenile delinquency. Those five concepts are family, education, environment, social status, and religion. Finally, we are going to discuss ways that we believe may help reduce juvenile delinquency in the future."
Abstract This paper looks at racial prejudice in the administration of juvenilejustice from the point of view of who gets locked up, what happens once they?re in, and the built-in system cruelty. Incarceration statistics are included. A discussion of race as a factor in whether the juvenile offender receives mental health care and what actually goes on inside the juvenilejustice system are topics addressed by this paper.
From the Paper "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 against minority kids is found in a 1987 study (by the National Council of Juvenile and Family Court Judges) of ethnicity in much-preferable private JJS facilities vs. generally miserable public JJS facilities: 35% of private inmates were minorities and 65% were white."
Abstract This paper provides an overview of the philosophy of the juvenilejustice system. It describes the U.S. Supreme Court's decision of "In re Gault," 387 U.S. 1 (1967) on which the current procedural system of juvenilejustice was largely established. The paper then looks at the system itself, rehabilitation, institutionalization and parole of juveniles.
From the Paper "Problems thus remain in a system where teaching children not to become adult offenders through incarceration may ironically expose them to more hardened criminals than they ever have encountered before on the 'inside.' The different types of programs and philosophies of juvenile justice that vary from state to state also make the system problematic. However, for a justice system of any kind to take on the formidable task of 'raising' a child and the difficulty of balancing the need for the child to show responsibility without damaging the rehabilitative function of the juvenile justice system may mean that punishing juveniles will always be a challenge for the American system of justice."
Tags: punishment, rehabilitation, incarceration, parole
Abstract This paper discusses that one possible improvement to the juvenile system is trying violent juvenile offenders as adults. The author points out that there are proponents for the idea that a juvenile defendant is entitled to be tried in front of a jury of his or her peers. The paper concludes that changes to the juvenilejustice system should be guided by solid research, rather than by subjective notions that bad children will necessarily become bad adults.
From the Paper "Forty-year-old printer Terry King was asleep in his Florida home when he was bludgeoned to death with a baseball bat and his home set ablaze in an apparent attempt to destroy the evidence. His longtime friend Ricky Chavez and his two young sons Alex, 12 and Derek, 13 stood trial separately for his murder. Chavez, a convicted child molester who admittedly molested both Alex and Derek for years and was implicated in the murder of Terry King, was found not guilty; but both Alex and Derek (who were tried as adults) were found guilty and sentenced to serve prison terms."
Abstract This paper examines how there are many valid, and even disturbing, questions surrounding fairness issues in the processing (arrest, intake screening, assignment to incarceration) of juveniles into the criminal justice system in America. It looks at how the disproportionate number of minorities locked up in juvenilejustice systems is a glaring issue that has not really been addressed adequately. It also discusses how it is likely that the intake processes are going to continue to be based prevention and punishment rather than fairness and justice.
From the Paper "Bias against minority children incarcerated in the juvenile justice system ? and a lack of good mental health service for them ? is an unequivocal reality. Certainly, based on the research (Thomas, et al, 1999) an analysis of previous empirical data, it appears that when the juvenile is an African American, that offender is far more apt to a) receive a more severe disposition at the intake level; and, b) when in potential need of mental health services, be tossed in JJS lockup rather than given the health care required. Research shows that adolescents are clearly subject to "irrevocable stereotypes" in JJSs, the authors say, an "inequitable" phenomenon which has invoked criticism from a wide range of groups."
An examination of two articles regarding juvenilejustice - "Juveniles and the Death Penalty," by L. Cothern and "Serious Habitual Offender Comprehensive Action Program (SHOCAP)" by M. Medaris.
Abstract This paper discusses juvenilejustice philosophy. It focuses on considerations for the enforcement of criminal laws upon juvenile offenders and the way these considerations have evolved over the years. It specifically examines two articles - "Juveniles and the Death Penalty," by L. Cothern and "Serious Habitual Offender Comprehensive Action Program (SHOCAP)" by M. Medaris.
From the Paper "The program is very obviously intended to answer public fear rather that provide rehabilitative services for juvenile offenders that have entered the system more than once and likely on a sliding scale from relatively minor to very serious criminal offences. Though Medaris does outline, if very briefly, the research that was utilized to establish the need for such a program and the intention of collaborative communication between services is essential and necessary for the appropriate application of juvenile justice the program is a clear indication of the changing mentality of the juvenile justice system. Which is clearly in line with public sentiment regarding perceptions of public safety (or in this case lack of safety) rather than the need to intervene early enough and effectively enough not to have to identify so many Serious Habitual Offenders or SHOs, as the article labels them but to provide adequate rehabilitation alternatives that alter the perceived accelerated pattern of offences they are arrested and convicted of."
Tags: rehabilitation offender court, death penalty
This paper looks into the issue of juvenile delinquency and discusses methods for the possible improvement of the juvenilejustice system in the future.
Abstract In this article, the writer discusses five factors that are believed to be significant in the occurrence and prevention of juvenile delinquency. The writer points out that the five concepts concerned are family, education, environment, social status and religion. Ways are explored in which the family, community, law enforcement, probation and courts can utilize the information discussed. Finally, recommendations are stated for future improvements to the juvenilejustice system and ways are discussed that the writer believes may help reduce juvenile delinquency in the future.
From the Paper "Juvenile delinquency also has been shown to have roots in children of divorce. This is a result of multiple factors, for example, a child's attempt to get the attention of his or her parents. Also, sometimes the juvenile feels that this behavior may work in attempts to draw the parents into reconciliation.
"Finally, the family may play a role in juvenile delinquency simply due to the lack of parental involvement in the juvenile's life. Meaning the parents are not being supportive, or taking an active role in the juvenile's life. For example, when a child is basically left to fend for themselves, it leaves them open to many negative outside influences such as peers and the influences of what is on television. Without proper guidance, like being taught the simple difference between right and wrong, reality and fantasy, it leaves the child free to interpret it for themselves."
Abstract This paper explores the policies that the JuvenileJustice System has created to deal with juvenile offenders, in order to assess whether there is indeed an inherent propensity within the criminal justice system to sentence young minority offenders to correctional institutions in comparable crimes committed by white majority offenders.
Abstract Following events such as the Columbine High shooting, the American public began to demand a re-evaluation of the juvenilejustice system in the nation. This paper presents an historical examination of the juvenilejustice system in America. The writer discusses the start of the system and the major changes that have taken place in the system over the past 100 years.
From the Paper "Some of the major changes that took place during the birth and growth of the juvenile justice system around the nation was the way it handled its cases. The system did not punish as much as it worked at guiding the juveniles to make better choices when they reached adult life. One of the systems that was used on a regular basis in the early years involved reformatories. Often called reform schools or reform farms, they were set up to house juveniles who had found their way into the system. The founding theory of reform housing was to keep the juvenile away from bad influences."
