12 Apr 2022

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History of the Juvenile Justice System

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Academic level: College

Paper type: Research Paper

Words: 873

Pages: 3

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The first Children’s Court of Law was established in Chicago in 1889. This was a major move that revolutionized how juvenile crime is handled. The 19th century witnessed major challenges in juvenile justice since juveniles were tried in same courts as adults. The type of punishment was also closely similar. Many youth were even executed for crimes they had committed before the age of 14 years. The 20th century witnessed major changes in the juvenile justice system to grant young offenders a chance to be tried under customized laws and to have separate punishment that reflected the goals of the whole process. According to Meng, Segal & Boden (2013) the original theory behind separating juvenile offenders from adult offenders was to provide direction and care for young offenders instead of punishment and isolation. The idea was adopted in mainstream justice in the twentieth century. The goals of the system include skill development, maintenance of public safety, rehabilitation, and successful/possible reintegration of the young offenders back into the community to pursue their goals in life.

There is an increasing concern about the crimes committed by young people since the 1980s. Although the overall rate of crime has reduced, the trend in juvenile crime direct to a situation where the dynamics of crime are changing. The change calls for new approaches to identify the factors predisposing the youth to crime and address them. There is a general belief among juvenile crime scholars and policy makers that young people are becoming uncontrollable and violent. Ferdinard (1991) argues that many of the problems in the juvenile justice system can be traced back to the 19th century where parens patriae programs and facilities were developed without exploring their influence on each other. The emergence of punitive policies while handling the young offenders led to the issue of young offenders rights in the 20th century. Many states have so far proposed laws and policies that are more punitive to address the current trend in juvenile crimes. The high number of cases has to a significant extent been affected by the media. The youth are exposed to computer games and other type of media that depict the ugly and violent side of the society. Since the youth are at a critical stage where they are shaping their identity during adolescence, they may end up engaging in the activities they witness in the media or the games. The current trend in juvenile justice has seen states encouraging rehabilitation efforts instead of imprisonment. The idea of rehabilitation versus imprisonment is taking shape in many states. Public perception based on the views about juvenile rights support the idea of rehabilitation as opposed to imprisonment. Imprisonment adversely affects the life of the young offenders and makes it hard for them to be reintegrated in the community. Over-emphasis on imprisonment and presence of punitive laws and policies in the juvenile justice system makes it hard achieving the goals highlighted above.

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The risk factors for juvenile crime vary. Shader (n.d.) argues that individual level factors such as negative influence on the youth often predispose them to crime. For instance, a child brought up in a dysfunctional family where they are exposed to domestic violence may be more predisposed to crime than those being brought up in functional families. The role of the parent plays a key role in shaping the child. The parent serves as the primary role model to the child. Therefore, if the parent engages in open criminal activities, the youth may be exposed as well. The age of identity development that occurs during adolescence predispose many youth to crime. During this age, youths yearn to belong to social circles. They are also in college or high school, enjoying a new sense of freedom that they did not have in the past. The new sense of freedom may give criminals a chance to lure them into activities like drug abuse, trafficking and other criminal behavior. Social factors such as poverty may also play a role in juvenile crime. A juvenile living in a crime-laden neighborhood may have higher chances engaging in crime than the one living in safe neighborhoods.

After a juvenile committing a crime in the United States, they are taken in special police custody where questioning takes place. Questioning of minors is different from that of adults. Juveniles enjoy rights and protections such as the fact that their trials are heard by judges instead of a jury. Juveniles are not granted public trial or bail. A major difference with adult offenders is that the juvenile offences’ files are closed to ensure that they are not haunted by the crimes later in their lives. Sentencing procedures are also different. The goals of juvenile justice must be adhered to. The juveniles are represented by attorneys to ensure that they have access to justice.

Juvenile offenders have access to different community services. They are free to join mentoring programs where they are rehabilitated to fit back in the society. The mentoring program also identifies the factors that predisposed them to crime. The youth offenders are also free to join classroom and behavior management programs. The programs help the offenders to redefine their career path in life. To work with juveniles, social workers or other professionals have to possess high-order thinking. They have to integrate the goals of juvenile justice with the need to reintegrate the youth back in the community. Good communication skills are needed to interact with parents, law enforcement officers and the juveniles. A cluster of social skills including ability to resolve conflicts is needed to fit in this career path.

References

Ferdinand, T. N. (1991). History overtakes the juvenile justice system. Crime & Delinquency , 37 (2):204-224. https://doi.org/10.1177/0011128791037002004

Meng, A., Segal, R. & Boden, E. (2013). American juvenile system: History in the making. Adolescent Psychiatry. 227-241.

Shader, M. (n.d.). Risk factors for delinquency: An overview. U.S. Department of Justice. https://www.ncjrs.gov/pdffiles1/ojjdp/frd030127.pdf  

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StudyBounty. (2023, September 15). History of the Juvenile Justice System.
https://studybounty.com/history-of-the-juvenile-justice-system-research-paper

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