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Juvenile Justice Reform Essay

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Discussed earlier was the idea of rehabilitating youths in reformatories at the House of Refuge, but only youths deemed reformable (Fox, 1996). What about the youth who were not reformable? What about the youth that commit a serious violent offense such as murder, rape, torture, or armed robbery? In the 1980’s during the “get tough” on juvenile crime movement, states passed waiver legislation that allowed for the transfers of youths to adult court (Kupchik, 2003). Not only has there been no significant findings that trying juveniles as adult does not lower the potential for recidivism, but it has not been found to be an effective means of crime control (Fagan, 2008). Although being tried as an adult opened up even more constitutional safeguards than had been provided post-Gault, the transfer of juveniles to adult court went against the moral notion of keeping youths out of court and out of the system (McGowan, A., Hahn, R., Liberman, A., Crosby, A., Fullilove, M., Johnson, R., … Stone, G., 2007). How does the juvenile justice system, after years of reform and change get back to being a therapeutic and focused on individualized justice? Is it possible? …show more content…

73).” He believes the juvenile court has shifted away from the idea of rehabilitation and protection of youth to more punitive measures found in the adult system, and believes youths should be incorporated into the adult system and that their “youthfulness” be seen as a mitigating factor at the time of sentencing. He proposed a sliding scale for youthful offenders in the adult system would save time and money, due to the fact both systems, regardless of terminology, are quite similar in terms of their orientation and how they deal with offenders (Feld,

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