Assignment 3: Sharnell and Sentencing Sentencing youth offenders has a different criterion then sentencing an adult as the Youth Criminal Justice Act (YCJA) has a set of principles and guidelines, which judges must follow. Sentencing is a process where a youth is either found guilty or has pleaded guilty and a judge will decide on an appropriate consequence (Justice Education Society, 2017). The process ensures youth are held accountable for their actions, focusing on a rehabilitative, or reintegrated approach. There are many ways a youth offender can be sentenced. Section 42(2) of the YCJA defines and explains sentencing options for youth offenders. There are a few options to sentencing when applying it to Sharnell’s case. Sharnell is considered to be a high-risk offender; therefore, her sentence will incorporate high monitoring, or supervision ensuring the consequence is appropriate. Sentencing under the YCJA The purpose of sentencing is to ensure youth are held accountable for their actions focusing on a rehabilitation and re-integration approach, while ensuring youth are given an appropriate consequence. There are many differences to sentencing a youth than an adult. A young person lacks the maturity of an adult, and the youth justice system must reflect that fact. Some differences include accountability and level of maturity, rehabilitation and reintegration are strongly emphasized, increased protection on procedures, and the intervention is implemented in a timely
How effective is the Youth Justice System in responding to youth crime? Since the arrival of the Youth Criminal Justice Act (YCJA) came into effect, the crime rates have decreased. Previously Canada had one of the highest youth incarceration rates in the western world. However since the Youth Criminal Justice Act got put into place in 2003, the crime rates have declined significantly. The Youth Justice System does their best to better and rehabilitate the adolescents that get into trouble with the law. They provide youth with rehabilitation programs, behavioral programs, and diversion programs. The purpose of the Youth Justice System is to rehabilitate and make these teens positive members of society. This paper argues that Youth Criminal Justice System is effective in responding to youth crime. Specifically, this paper with discussing rehabilitation for young juvenile delinquents, downfalls of stats and crime sentencing and a better lifestyle for the youth after juvenile detention.Therefore, the Youth Justice System attempts to provide teens with a brighter future no matter what they are being charged with.
The criminal justice system has a branch for juvenile offenders. Established in the early twentieth century; it is the responsibility of this division to decide the fates of youthful offenders. This is administered by family court with support of social workers and family. With the increased number of youthful, violent offenders, many are being processed and sentenced as adults. Important issues such as culpability, severity of the crime, accountability, constitutional rights of the offenders and victims, and probability of rehabilitation,
In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.
Discuss factors that affect sentencing decisions, including the purposes of punishment and the role of the victim
As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a
The determinate sentencing system provides juvenile judges with tremendous flexibility in ensuring that offenders are held accountable for their crimes, that public safety is protected, and that youth have the opportunity to become rehabilitated and turn their lives around. Determinate sentencing, under some circumstances, also provides juvenile judges with the opportunity to take a “second look” at the youth when he or she reaches adult age, so that the judge can re-evaluate the youth’s risk to public safety at that point (Deitch, 2011).
What is YCJA? The YCJA stands for (Youth Criminal Justice Act) which is a law for young people who commit crime. The YCJA helps young offenders get to rehabilitate to a normal life in a society. The YCJA act will prevent young offenders having a criminal record if you are between 12-17 if older you a charged as an adult. In the YCJA you can be charged as an adult due to a violent crime when you are between 14-17. The Youth Criminal Justice Act (YCJA) since then replaced Young Offenders Act (YOA) as of April 1, 2003 young offenders have been helped by rehabilitating and reintegrating . The YCJA is known for all the great laws but there is room for improvement. Youth can be charged as an adult from 14. I propose a change in the age range to
Juvenile courts have a wide range of sentencing options (usually called "disposition orders") that they can impose on juveniles or youth offenders who are found to be "delinquent" (that is, finding that the minor violated a criminal law). Typically, disposition options fall into two camps: incarceration and non-incarceration. One non-incarceration option in particular -- probation -- forms the backbone of the juvenile justice system. Read on to learn about the different kinds of sentencing options used in juvenile court, the ins and outs of probation, and whether a disposition order can be appealed or changed. (For more information on juvenile court cases, see Nolo's article Juvenile Court: An Overview.)
The court, at the sentencing hearing, shall consider specified factors in determining the appropriate sentence and be given greater discretion in determining an appropriate sentence. This bill extracts details from the Juvenile Court Act of 1987, which entails the cautions when handling the minor in custody and as the minor is released (Illinois General Assembly , 2015). When adolescence potency extended a peak more than 20 years ago, the country lost sureness in its ability to rehabilitate juveniles. Councils passed laws permitting more young offenders to be tried as adults. Since then, juvenile
This research is based on several journal articles, online databases, and textbooks. The information extracted from these sources of content is used for the analysis of this study. Furthermore, the information gathered from this research is specifically used to focus on the difficulties that juveniles face when sentenced to life without parole. Instead of having the opportunity to serve their sentence through probation or parole, some juveniles are sentenced to face irreversible damages. Thus, it is imperative to understand that there are programs through community corrections that benefit juveniles far more than life without parole. The information gathered provides society with a better understanding of the sanctions in the Juvenile Justice
In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.
In recent decades, juvenile crime has become somewhat of a controversy due to the young age and immaturity of these criminals. Incidences of juvenile crime skyrocketed in the 1980s and 1990s, and policymakers pushed for laws that sent children as young as thirteen years old to trial, and even made them eligible for prison sentences. The general public has expressed a common desire to reduce the incidence of juvenile crime and find effective legislation to discipline these youths, but there are questions about these methods. What is more effective, incarceration or rehabilitation? Does criminal punishment intimidate more youths away from a life of crime, and would productive rehabilitation efforts influence these youths to becoming more valuable members of society?
It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency
The Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in,
Children have been described as our future, our greatest resource, and our hope for a better tomorrow. For many Americans, though, children invoke fear. They represent violence, a segment of society lacking in self-control and devoid of ethics and morals, and the failure of the family to instill traditional values, top among them being the value of human life and respect for others.