Juvenile Rehabilitation: Adult Prisons vs. Juvenile Incarceration
Maureen Fries-Labra
English 122
Anna Hopson
December 14, 2009
Juvenile Rehabilitation: Adult Prisons vs. Juvenile Incarceration 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,
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With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system. It is the very nature of the criminal justice system to hold those accountable for their actions. In the adult courts the purpos is to be judged by a jury of our peers and held accountable for crimes committed. There must be consequences faced for criminal actions. The adult and juvenile courts handle the proceedings quite differently. The adult court has a defendant whom appears for a bail hearing. The defendant than is sent to trial in front of a jury of his peers, based
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
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.
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 juvenile justice system has long been in debate over whether its focus should be rehabilitation or punishment. From its birth in the early 20th century, the juvenile justice system has changed its focus from punishment to rehabilitation and back many times. Some say the juvenile justice system should be abolished and juveniles tried as adults, yet studies indicate punishment and imprisonment do not rehabilitate juvenile offenders; therefore, the juvenile justice system should remain
The United States juvenile justice court was based on the English parens patriae adopted in the United States as part of the legal tradition of England. But the efforts of the state to rehabilitate juvenile offenders with institutional treatment with the houses of refuge and reformatories failed. Today, the United States has 51 different juvenile court systems; the laws and statutes vary from jurisdiction to jurisdiction. Thus, each state’s approach to handle the youth offenders is responsible for how the youth offenders will experience the justice system. Both the past and the present approaches to deal with juvenile offenders have shaped today’s juvenile justice system.
In the United States, juveniles have always known to cause trouble in the community. In recent times, many individuals have the perception that juvenile crimes are on the rise and that these offenders are getting younger. Charging juveniles as adult has always been a debate, because of their thinking process and protecting their rights. There are many cases that regard juveniles that have changed the policies of this nation. Also for those juveniles that are convicted as adults, there are many challenges that correctional officials have when housing them. Waivering juveniles to adult court has many factors to it and whether or not juveniles age thirteen and fourteen should be
The situation whereby a juvenile offender is tried as though they were an adult is known as a trial as an adult. It was actuated in the 1990s after a high number of reported brutal adolescent offenses (Gainsborough & Young, 2000). Many of the young teenagers were reassigned from juvenile to criminal courts to answer to their charges. This action is questionable, because of concerns about the contrast between the mental and moral abilities of adolescents versus grown-ups and the simplicity with which adolescent cases can be reassigned. Supporters of the dissolution of the juvenile court, on the other hand, contend that indicting minor wrongdoers in criminal court offers better assurance to society and considers minors in charge of their doing.
The position of juveniles in the current society is very important, as well as their position in criminal procedure. The presence of an individual adolescent justice system separates of the adult criminal-justice system and general criminal procedure, as well as the sporadic modifications of the dominant approach in philosophy and preparation reflect the power of different hypothetical viewpoints in the juvenile justice system.
Children being tried as adult’s unfortunately is not a new practice in the U.S. or one that is looked down upon. In the United States there are thousands of underage children that get tried in criminal court each year. Countless of studies show that trying children as adults does not benefit neither the child nor the society. This essay will show that trying a child as an adult is unconstitutional and violates the criminal law conduct. This essay will carful define the terms regarding children in the criminal justice system, to fully understand the situation.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
In the paper I will be comparing the juvenile and the adult justice systems, there are several differences between the two systems. I will be discussing many aspects within the justice systems. These include but not limited to terminology, due Process rights, arrest to corrections, juvenile crime compared to adult crime, age limits and waivers to adult system and different community correction options available to offenders.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
such as shoplifting and runaways, have been diverted from court action. Court proceedings for juveniles as well as the records are sealed and not available to the public, while adult criminal proceedings and records are deemed public. Officers also deal with juvenile and adult offenders differently. They have several options when dealing with a juvenile offender; they may release the juvenile with a simple warning, they may also release the juvenile and file a report on the contact they had with them, they have the option to take the juvenile to the police station and make referrals to outside programs like youth services, they may also refer the juvenile to juvenile court intake either with or without detention. In dealing with adult criminal cases the options of officers pale in comparison, they offender is either arrested or released with a warning. Once in custody of the police, juvenile are generally released to the custody of their parent or guardians and adult offenders are offered the opportunity to pay bail. Parents in juvenile proceeding have a greater involvement in the trial process where in the adult process; parental
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,
The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. It was founded on three principles: juveniles are not ready to be held accountable for their actions, are not yet fully developed, and can rehabilitate easier than adults. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.