It is estimated that on any given day, there are roughly 79,000 adolescents held at juvenile facilities all across the United States (Sickmund & Puzzanchera, 2014). Of that population, Latino and African American youth represent the majority of those in confinement. This is a problem because the overrepresentation of minorities within the juvenile justice system is not reflective of their national population percentages. Nationally, Latino and African American youth only comprise 38% of the total juvenile population combined, while Caucasian youth alone represent the majority of the population with 56% (The Census Bureau, 2010). Though various studies have been able to affirm the overrepresentation of minority youth within the juvenile …show more content…
Historical Background Juvenile incarceration has been a controversial issue long before the formation of the Juvenile Justice system. During the 18th century, Americans adopted Great Britain’s English Common Laws, which believed in “malice supplies the age” (Blackstone, 1769). This meant that children as young as seven years old could be convicted of crimes to the same degree as adults. During this period, the courts did not acknowledge the variance in cognition between children and adults, so they were tried equally. As a result, children were incarcerated with adult offenders, where they were exposed to risk of maltreatment and corruption (The American Bar Association). The American Juvenile Justice System is still fairly new. The first juvenile court was established shortly over a century ago in 1899 in Chicago, Illinois. During its formation, the philosophies concerning juvenile justice shifted from a punitive standpoint to a more rehabilitative approach (McCarter, 2011). This was the court’s first attempt to acknowledge the distinctive cognitive and maturity levels between children and adults. Therefore, juvenile courts were meant to function as civil courts instead of criminal courts, placing minimal focus on the offenses committed by juveniles and instead focusing on their
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.
Evidence-based studies imply that youth of color are being placed in detention at a higher rate all throughout juvenile justice system not only in Kentucky but, nationwide. Disproportionate minority contact (DMC) in juvenile justice alludes to youth of color being place into the system at a greater rate than their Caucasian counterparts. All races break the law at about the same rate; however, youth of color are arrested, charged and institutionalized at a higher percentage than Caucasians for similar offenses. African-Americans made up 16 percent of all youth in the United States, but constituted 28 percent of youth arrests, 30 percent of referrals to juvenile court, 37 percent of detained youth, 34 percent of youth formally processed by juvenile court, 30 percent of youth adjudicated delinquent, 35 percent of youth judicially waived to criminal court, 38 percent of youth in residential placement, and 58 percent of youth sent to state adult prisons. (Grieshop et al 2009)
One hundred years ago, the Illinois legislature enacted the Illinois Juvenile Court Act (1899 Ill. Laws 132 et seq.), creating the first separate juvenile court. The policy debates raging around the country in this centennial year(1899), however, make it uncertain whether the traditional juvenile court will prevail. Early in the 19th century, juveniles were tried along with adults in criminal courts. In common law, children under
The overrepresentation of minority youth in the juvenile justice system is well established. Statistics show that African Americans, Hispanics, Asians, Pacific Islanders and Native Americans make up a combined one-third of the United States population, yet they account for over two-thirds of the population in juvenile facilities across the country (Armour & Hammond, 2009). This phenomenon can be explained using the differential offending hypothesis or the differential selection hypothesis. The differential offending hypothesis suggests that different outcomes for certain groups are directly related to their behavior, rather than the potential bias in the juvenile justice system (Tillyer & Engel, 2012). In other words, people of minority commit
Minority youth are disproportionately represented throughout juvenile justice systems in nearly every state in the nation. Disproportionate minority contact (DMC) in juvenile justice occurs when minority youth come into contact with the system at a higher rate than their white counterparts. African-Americans, Hispanics, Asians, Pacific Islanders and Native Americans comprise a combined one-third of the nation's youth population. Yet they account for over two-thirds of the youth in secure juvenile facilities (Armour & Hammond, 2009).
The first juvenile court to be established in the United States was set up in the state of Chicago back in 1899 and has since then undergone a number of significant changes. This paper will seek to provide an analysis of the juvenile court process, highlight the changes that have taken place in the role of this court over the years in addition to also identifying why the role of the juvenile court has changed.
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.
When most people think about the American criminal justice system some of the first things that come to mind is corruption of officers and courts, or jails with prisoners. One of the last things that come to mind is the juvenile justice system. Nevertheless, nothing is more important than the juvenile justice system because the juveniles within the system are the future working class and citizens of America. Therefore, it is important that they receive the necessary punishment and rehabilitation to move past mistakes they previously made. However, there are aspects that push against the goal of rehabilitation in the juvenile justice system such as the misuse or lack of money, the harshness of the punishment, and the programs within the
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
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
In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the
Our current juvenile court system began in the late nineteenth and early twentieth centuries. The ultimate goal of having a separate court system for juveniles is to rehabilitate young offenders rather than punish them. The court also hopes to deter young offenders from preforming further delinquent behavior. Unlike the adult court system, juveniles do not have the right to a public trial by jury. Instead, they undergo an adjudication hearing where the judge rules whether the juvenile is a delinquent. Since this separation, several studies have been conducted to weigh the benefits and costs; such as effectiveness, efficiency, and cost of resources, of having two court systems. Is the United States juvenile court appropriate or should it be abolished? Abolishing the juvenile court system would mean juveniles and adults would both undergo the same criminal justice system. Rothstein states in his research that juvenile courts are a cost-effective way to handle less serious offenses by children (as cited in Acker, Hendrix, and Hogan, and Kordzek, 2001, p. 200). On the other hand, Robert Dawson (1990) argues that there are not enough legal differences between juvenile and adult courts for there to be a need for a separation, concluding that overlap between both systems is so great that having a juvenile court is unnecessary. Supporting this argument, Barry Feld (1997) calls the two systems “duplicative” (p 69).
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
The Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.
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,