The juvenile justice system is based on the assumption that children who commit crime are different from adults and they have less blameworthy. The main reason why juvenile justice system was established was to rehabilitate children rather than punishing them for their crime while separating them from adult criminals (Seiter, 2007). As a result, the first probation law was passed in the US in 1878 by the Massachusetts legislature, which allowed less criminal offenders to be put on probation. However, the federal law allowing probation was only assigned in 1925 by President Coolidge. However, there has been a controversial debate on the effectiveness of juvenile justice systems. Critics of the system argue that it has failed to meet its objective and it is not punishing serious offenses committed by a juvenile. On the other hand, supporters of the system maintain that it is effective in rehabilitating children and that a few violent juvenile who commit serious crimes should not be used as a basis to abolish juvenile justice system. Therefore, the big question is whether the juvenile justice system should be maintained or abolished. The paper focuses on how juveniles are processed through the criminal justice system and the factors that determine them being tried as an adult (Seiter, 2007).
Juvenile Justice System
Juvenile justice system refers to a system used by countries to address and deal with children who commit a criminal offense. It mainly intervenes in the children delinquent behaviors through the use of law enforcement agencies such as the police, courts, and correctional centers. When a young person under eighteen years commits an offense, the criminal case is taken care of by the juvenile justice system. In the US, the Department of Juvenile Justice (DJJ) is answerable for offering care and service for juvenile offenders. Police, courts and even school always refer young offenders to DJJ to provide services and to be corrected. Therefore, the juvenile justice system is a network that involves various agencies that handle children whose conducts and behaviors violate the law.
Delegate your assignment to our experts and they will do the rest.
The age of criminal responsibility in many countries is always 12. Therefore, any child below 12 years cannot be charged with a criminal act. However, there are instances where a child between 10 and 11 years can be charged with severe crimes such as murder, manslaughter or rape. Unlike adult offenders, crimes committed by offenders below 18 years are known as delinquent acts and not crimes (Levick & Feierman, 2016). Instead of facing trial, offenders blow 18 years are subjected to adjudication before they receive adjudication and sentence. There are two main categories of offenses committed by juveniles. The first category is an offense that is considered a crime when it is committed by an adult. The second category is delinquent acts that would not be considered as a crime if they are committed by adults such as the truancy.
Juvenile offenders face a number of problems with the juvenile justice system. A number of a juvenile under detention encounter mental and physical wellbeing problems. They also face challenged when it comes to their education and employment. According to studies that were carried out by psychologists, the majority of youths who are put in correction centers have high chances of being diagnosed by with depression and poor mental health (Levick & Feierman, 2016). The depression and mental disorder always make offenders under 18 to contemplate or commit suicide. Therefore, subjecting juvenile under juvenile justice system is associated with depression and mental disorders.
Juvenile offenders also face difficulties in their leaning process. An offender under age 18 always experiences learning difficulties and disability. At the same time, they will find difficult time returning to school after they have been released from detention. Hence, the judicial justice system affects the education progress of young offenders and they can opt out of school. In addition, studies have shown that juveniles who have been incarcerated are likely to be unstable in their workplaces. Therefore, juvenile offenders face a lot of problems when they are incarcerated ad even after they have been released (Levick & Feierman, 2016).
There is a contentious debate about juvenile justice system with some people arguing that all criminals should be treated equally regardless of their ages. Just like adults, they argue that even juvenile should be held accountable for they commit. The argument is that the leniency of the juvenile justice system has led to the failure to correct the delinquent behaviors of young people and it has allowed juvenile who commit a serious offense such as murder to continue violating the law (Jordan & McNeal, 2016). Therefore, according to the critics of the juvenile justice system, it is unacceptable for juvenile offenders who have done grave crimes to be released after serving short sentences and that their level of punishment should be the same as that of adults.
However, there are also arguments supporting the existence of juvenile supporting juvenile justice system. Supporters of the system argue that putting a juvenile in prison for long will not end the cycle of their criminal behaviors (Jordan & McNeal, 2016). In the contrary, due to stigmatization associated with incarceration, may lead to an increase in crime among young offenders that have been released. At the same time, they argue that young offenders should receive lenient punishment because they are not yet mature.
Steps in the Juvenile Justice System
Philosophical and Goal differences between Juvenile and Criminal Justice Systems
There are two main systems of justice systems and they include criminal justice system and juvenile justice system where the former is meant for adults and the latter for juvenile or young offenders. Criminal justice system, therefore, is a system where adult criminals are apprehended, tried, and sentenced (Mears et al ., 2014). The two systems differ mainly in terms of goals. The juvenile justice system is based on the assumption that that young people can be positively influenced to change their criminal behaviors. Consequently, rehabilitation is the primary goal of juvenile justice system. However, the criminal justice system does not believe that it is possible to influence behaviors of adults. Therefore, its main goal is to deter future crimes. Hence, the two justice systems differ in terms of goals and philosophies, which make them totally different.
Entry and Steps in the Juvenile Justice System
The juvenile justice system is broad and complex, as it involves a number of stakeholders. At the entry point, the services that are offered by the system need to be broad and serve a large number of young offenders with the prevention program for at-risk juvenile (Woolard, JHenning & Fountain, 2016). With the effective preventive programs that also incorporate family strengthening techniques and community support, the entry of youths in the juvenile justice system can be reduced. Therefore, the entry point involves prevention programs for at-risk youth.
After the prevention programming in the juvenile justice systems, young people who commit delinquent offenses are arrested by the police. It is at this stage that some of the juveniles will be released or diverted. In the case where the crime is less serious and the police are sure that the young person will not be at risk for himself or herself and the public, he or she may be released without involved in the juvenile justice system (Woolard, JHenning & Fountain, 2016).
Intake is the second stage where young offenders are screened to determine how they should be handled. Young people who proceed further in the system are subjected to the formal procession in either juvenile or family courts (Woolard, JHenning & Fountain, 2016). Those who proceed may or may not be put under detention. Some of the offenses will be dismissed in the stage and juvenile involved are released from engaging in courts.
The next step is known as detention where the juvenile offenders are held as they wait for a hearing. There are a number of factors that are considered before a juvenile offender is put in detention and they include the seriousness of the crime, history of the criminal offenses when a juvenile is a threat to the public, and to ensure that young offenders return to court for the hearing. There are some cases where parents of young offenders may be forced to pay for the detention cost (Woolard, JHenning & Fountain, 2016).
The fourth stage is known as arraignment where juvenile offenders are informed of their charges and rights. The stage is followed by an evidentiary hearing where the judge listens to testimonies from all parties involved to determine whether a crime was committed. According to various studies, juvenile are twice as likely as young adult offenders to plead guilty in the case where they are asked to assume innocence (Redlich, 2016). This is mainly due to the fact that young offenders are not rational plea decision-makers and they are likely to make satisfactory decisions instead of optimal decisions.
The sixth stage is sentencing where the judge orders the services and the condition that must be met by juvenile offenders and their parents. The last stage is deposition and the court may order whether the offender is put on probation or stay committed to the Department of Juvenile Correction (DJC). Probation is the most frequent disposition in any juvenile justice system in the world (Redlich, 2016).
Alternatives and After Care
The best alternatives to juvenile justice system are community-based alternatives and juvenile diversions. Community-based alternatives and juvenile diversion are cost-effective and can be used to reduce congestions in probation or correction centers. In addition, community-based alternatives ensure that juvenile bond with their families and members of society, which is important for their development. Another alternative is the intensive supervision programs that will ensure that juvenile adheres to the set rules and regulations (Redlich, 2016).
In order to make the safe and successful transition after probation, released juvenile offenders should be provided with quality after care programs. They should be made to perform post-release services to help then in transition. At the same time, they should be put under close supervision to ensure they integrate well in the society. In addition, the released juvenile offenders should receive emotional and financial support from the community, parents and correctional facilities (Redlich, 2016).
Conclusion
Unlike previous years, the current juvenile is committing serious crimes that are challenging the effectiveness of juvenile justice system in meeting its goal or rehabilitating young offenders. Young people have become more violent and uncontrollable than before. At the same time, more girls are now engaging in delinquent acts than previous years. Traditionally, the society believed that only male commits a serious crime and not female but the trend has changed. However, the juvenile justice systems are yet to adapt to the new trends, which will help it reduce juvenile crimes. Therefore, in order to lower the increasing severe crimes done by young people, both states, and the federal government should make the juvenile system more punitive and allow some of the juvenile offenders to be transferred to adult systems.
References
Seiter, R. P. (2017). Corrections: An Introduction, 5th Edition . [Bookshelf Online]. Retrieved from https://online.vitalsource.com/#/books/9780134139166/
Levick, M., & Feierman, J. (2016). Children in the justice system: The legal framework. APA handbook of psychology and juvenile justice. Washington, DC, American Psychological Association.
Jordan, K. L., & McNeal, B. A. (2016). Juvenile Penalty or Leniency: Sentencing of Juveniles in the Criminal Justice System. Law & Human Behavior (American Psychological Association) , 40 (4), 387-400. doi:10.1037/lhb0000186
Woolard, J. L., Henning, K., & Fountain, E. (2016). Power, process, and protection: Juveniles as defendants in the justice system. In S. S. Horn, M. D. Ruck, L. S. Liben, S. S. Horn, M. D. Ruck, L. S. Liben (Eds.), Equity and justice in developmental science: Implications for young people, families, and communities (pp. 171-201). San Diego, CA, US: Elsevier Academic Press.
Redlich, A. a., & Shteynberg, R. V. (2016). To Plead or Not to Plead: A Comparison of Juvenile and Adult True and False Plea Decisions. Law & Human Behavior (American Psychological Association) , 40 (6), 611-625.
Mears, D. P., Cochran, J. C., Stults, B. J., Greenman, S. J., Bhati, A. S., & Greenwald, M. A. (2014). The 'true' juvenile offender: Age effects and juvenile court sanctioning. Criminology: An Interdisciplinary Journal , 52 (2), 169-194. doi:10.1111/1745- 9125.12034
