The Issue Of Trauma In The Juvenile Justice System

The juvenile justice system was founded on the belief that juveniles should be rehabilitated from committing crime. It was the belief of the government that juveniles do not posses the cognitive reasoning of adults, therefore should not be punished as adults. The juvenile court was formed in 1899 with the belief that the government needs to play a more active role in the rehabilitation of juveniles. This belief held strong up until the 1980's when President Ronald Reagan took office. The beliefs in juvenile rehabilitation were fading and an alternative was rapidly being put into motion, juvenile incarceration. Juveniles being incarcerated was not

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

It has been one hundred years since the creation of the juvenile court in the United States. The court and the juvenile justice system has made some positive changes in the lives of millions of young people lives over the course or those years, within the last thirteen years there has been some daunting challenges in the system.

Although the prevalence of PTSD in the general population of youth ranges from 6.3 percent to 10.3 percent (Giaconia et al., 1995; Kessler et al., 1995), the estimated prevalence of PTSD among youth in the juvenile justice system vary considerably, but ranges from 4.8 to 48.9 percent (Wasserman et al., 2002; Steiner, Garcia, and Matthews, 1997; Burton et al., 1994; Cauffman et al., 1998; Duclos et al., 1998). Some of the estimates of PTSD are 2.3 percent among Native American male detainees (Duclos et al., 1998); 4.8 percent among male youth in residential facility (Wasserman et al., 2002); 24.2 percent among male juvenile felons in detention (Burton et al., 1994); and 32.3 percent among incarcerated male teens (Steiner, Garcia, and Matthews,

The juvenile justice system exists to separate the youth from the adults that are imprisoned. The separation exists because of the different levels of maturity that are present between the two age groups. These young offenders are not arrested for the reason of punishment; they are arrested to be rehabilitated so they do not become habitual offenders later on in life. It gives them the opportunity to see what life will be like for them if they are to be adult offenders. With that being said, there are some instances where these young adults are to be tried as an adult offender with an adult punishment. Throughout most of history, young offenders were tried by the same courts as those that tried adults and were subject to the same sanction which does include execution and incarceration. (Masters, p 450, 2013) There are some places that truly believe that young criminals shouldn’t be treated like adults, such as in England. There is a law in affect called the “infancy defense” which says that children under the age of 7 are not to be tried as adults because they haven’t yet formed criminal intent. A child that was between the ages of 7 and 14 could be prosecuted but only if the prosecutor could prove that the child knew what they were doing was wrong. (Lectric Law Library, 2003) Lawmakers and social scientists found that those who were found guilty

There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. Many debate whether or not juveniles really should have less severe punishments or if trying some juveniles as adults will lower juvenile crime rates.

Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).

When thinking of reforming the juvenile justice system one has to think; what can we do to make this better for everyone involve? There are some programs that can be implemented when trying to make a change in the juvenile system. The main thing is getting parents or the guardian more involved in the child’s whereabouts. Secondly the community where the youth will have a place to go and have something more constructive to do to keep them out of trouble. Law enforcement can get involved in giving ride along and having visits to the local jails or prisons from the youth to talk to some of the inmates. Crime in life isn’t racist at all it has a no age limit, no certain gender and no social status for most of those whom decide to partake in a criminal activity. From the beginning juveniles have been an issue with law enforcement, the question has always arisen of whom will take control without cruel and unusual punishment and assist with the rehabilitation and prevention future crime actions.

There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.

The number of people with mental illness in the criminal justice system is one of the most pressing problems facing law enforcement and corrections today (Cuellar, McReynolds, & Wasserman, 2006). The Surgeon General’s Report on Mental Health estimated that about 20% of children and adolescents in the general population have mental disorders with some degree of at least mild functional impairment (USPH, 1999). Subsequent research has found much higher rates of serious mental health problems among youth in the juvenile justice system. Among youth who have been arrested, one study found that 31% of youth had received services from the mental health system (Rosenblatt, Rosenblatt, & Biggs, 2000). Two studies of youth in juvenile detention found that between 60% and 68% met the diagnostic criteria for a mental health disorder (Teplin, Abram, McClelland, Dulcan, & Mericle, 2002; Wasserman, Ko, & McReynolds, 2004). Once youth with emotional disturbances enter the justice system, repeated arrests are common through the remainder of childhood and into adulthood. Recidivism rates for individuals with a serious mental illness are nearly double those in the general population (Baillargeon, Binswanger, Penn, Williams, & Murray, 2009; Constantine, Petrila, Andel, Givens, Becker et al., 2010). In an analysis of juvenile trajectories, youth with emotional disturbances in their late adolescent years were more likely to fall into the high arrest trajectory class and much

Over 1/3 of the 11,000 index crime arrests were juveniles under the age of 16.

Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.

The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also being easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice system is made up of police, courts, corrections, probation and parole services, as well as community-based programs to name a few (book).

There has been an enormous amount of research, going back almost thirty years, about the relationship between childhood trauma, and juvenile delinquency. Many researches cannot say that there is a direct link between the two, but after much research, researches have found that childhood trauma can perhaps be a predictor for juveniles who later in life commit crimes. Trauma is defined as, “a disordered psychic or behavioral state resulting from severe mental or emotional stress or physical injury,” because the definition is broad and can range from a variety of different events, for the purpose of this paper, the focus will be on neglect trauma in juveniles (Trauma, 2016). Neglect according to the U.S. Department of Health and Human Services is, “the failure of a parent or other person with the responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision such that the child’s health, safety and well-being are threatened with harm” (Kazemian, 2011).

Most LGBT youth become happy with who they are which gives them room to thrive during their adolescent years. Attending a school that has a safe and comfortable environment for every student is especially important. Positive environments can help all youth achieve good grades and maintain good mental and physical health. However, some youths are more likely than their straight peers to experience bad health and life outcomes. Experiences with violence, compared to other students, come easy to LGBT individuals that can cause increased risks for unfortunate circumstances.‘Violence’ includes behaviors such as teasing, harassment, and physical assault. It is important that students at risk have access to resources and support to deal with any questions or challenges they may have or face as they mature. Surveyed LGBT students reported 10% were threatened or injured, 34% were bullied, and 28% were bullied electronically.