Introduction
The juvenile justice system in the United States was established approximately 100 years ago with the objective of using correctional and rehabilitation programs to help youthful offenders. The system differs from the adult or criminal court since it mainly perceives the child or adolescent as an individual that is in need of assistance as opposed to the punishment brought to them by the criminal court. However, in recent years the increased rate of incarceration of juvenile offenders suggest that the juvenile justice system is leaning more towards punitive sentencing as opposed to rehabilitating the offenders.
Background and Present Needs of the Juvenile Justice System in the US
The increase crime rate during the 1980s influenced the state legal reforms of the juvenile system especially those that addressed serious criminal acts. The reforms rejected the traditional foundations of the juvenile system of diversion and rehabilitation and stressed on punitive sentencing, accountability and the need to promote public safety (Troutman, 2018). This is an approach that aimed at implementing more stringent laws that addressed juvenile delinquency and crime. The inherent focus of the reform changes was based on the belief that the juvenile justice system is too lenient on delinquents, who are presumed to be as much of a threat to the public safety as their adult defiant counterparts. Following the reforms, some states enacted clauses in the juvenile courts which emphasized public safety, approval of sanction and accountability by the offenders.
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The juvenile justice system is in a never ending cycle as law enforcement strives to find a balance between promoting public safety and assisting youth offenders. If the punishments designed for juvenile offenders are presumed as too harsh they are reduced in order to mitigate the increasing numbers of youth offenders. If there is a rise in the population of juvenile offenders, it is presumed that this is due to the lenient punishments awarded to juvenile criminals. Consequently, if the punishments are too lenient there is pressure to enact harsher punishments. Therefore, there is a constant debate within the juvenile justice system to decide between rehabilitation and incarceration which of the two is most effective.
Juvenile justice system has developed into a punitive system arousing the constant debate of rehabilitation versus incarceration. In the courts today juvenile offenders face harsher punishments for their criminal offences, as policymakers face the pressure of the public to reduce crime and mitigate juvenile violent crimes. The policymakers are considering the public’s opinion when making decisions on the juvenile justice policies. Public opinion on juvenile offenders tends to support harsh punishments for juveniles that are implicated in criminal acts which are highly publicized or extremely violent crimes such as gun violence. Furthermore, a study conducted by Piquero & Steinburg (2010) reveals that the public is willing to increase their taxes and support juvenile rehabilitation if this strategy can reduce the crime rates within the community. Majority of the United States still engages in punitive ways to address youth offenders despite the public favoring rehabilitation versus incarceration, and studies showing that rehabilitation is a more effective approach of minimizing recidivism.
The legal reforms and policy changes in the juvenile system are informed by the core value of stewardship, whereby the federal, local and state governments are responsible for enacting laws that are for the common good. According to Caldwell et al. (2008), responsible stewardship refers to the individual commitments to care for ones surroundings and neighbor. Through the core value of stewardship, each person is perceived as an important and vital resource in the community. Therefore, the foundation of the juvenile justice system to rehabilitate and correct behavior among youth offenders implies that juvenile offenders are capable of reforming and assisting the community in overcoming the challenges that it faces.
Through the juvenile justice system, the youth offenders are encouraged to reflect on their behaviors and values, and ensure that their actions are aligned with the law. The youths are encouraged to foster responsible stewardship as leaders of the future generations. Therefore, the youth are required to recognize their personal responsibility under the law and within the community in order to be effective stewards. When an individual identifies their personal responsibility they are guided by the intrinsic values and inherent dignity that inform their actions. The core values of stewardship encourage youths to deviate from criminal acts as they commit themselves to caring for one another and the society.
The juvenile justice system recognizes that youth defiant behaviors are informed by their social backgrounds and upbringing. Simons et al. (2004), affirms that the theory of crime or self-control theory, implies that a person engages in criminal activity due to low self-control, which is associated with poor upbringing practices. From this theory, it is evident that poor parenting skills results in low self-control in children, who in turn fail to understand their personal responsibility; thus, leading to them engaging in criminal activity. Youth delinquency is influenced by an individual’s environment, which consist of the punishment practices enacted, poor parental supervision and lack of effective role models in a child’s life.
There is need to develop effective strategies within the juvenile justice system in order to reduce youth delinquency. Many states in the United States are witnessing the increasing juvenile population; therefore, law enforcement needs to partner up with the community and identify effective ways in which juvenile criminal offences can be mitigated. This can lead to the development of programs that mentor youth with criminal records and those in vulnerable communities. The mentorship programs should focus on promoting responsible stewardship by advocating for pro-social attitudes, morals and beliefs. Troutman (2018) affirms that it is important for the policymakers within the juvenile justice system to actively participate in restorative justice programs that aim at correcting criminal patterns. This means that the juvenile justice system has to begin by addressing the social patterns, family behaviors and relationship that contribute to acts of criminal thinking. Outreach programs that support academic and vocational activities should be designed within the communities as a way of encouraging the youth to focus on achievements that have positive impacts on their lives.
The policies implemented by the federal, local and state governments should amend their perspectives, and focus on rehabilitating the youth as opposed to incarcerating them. Research shows that evidence-based practices and needs-based programs have a positive impact on reducing recidivism among the youth (Walker & Bishop, 2016). Relying on institutional placement and the default approach of correcting behavior makes the juvenile justice system ineffective. This is because the juvenile offenders that are brought into the system have explicit needs that are heterogeneous. Therefore, it is important for the legal and law enforcement system to consider these needs before sending a youth offender to a special facility.
Conclusion
The ongoing debate of rehabilitation versus incarceration in the juvenile justice system in the United States demonstrates that the system still needs continuous amendments to be effective within the society. The juvenile justice system in the United States is faced with policy and social challenges which make it difficult for the system to function effectively. Nonetheless, to mitigate the juvenile criminal behaviors, it important for the legal system to enact needs-based programs that focuses on the specific needs of the youth offenders as opposed to using incarceration as a default form of punishment.
References
Caldwell, C., Hayes, L., Karri, R., & Bernal, P. (2008). Ethical Stewardship: Implications for Leadership and Trust. Journal of Business Ethics, 78 (1/2), 153-164. Retrieved from http://www.jstor.org/stable/25075597
Piquero, R. A. and Steinberg, L. (2010). Public preferences for rehabilitation versus incarceration of juvenile offenders. Journal of Criminal Justice , 1-6
Simons, R.L., Simons, L.G., and Wallace, L.E. (2004). Families, Delinquency, and Crime: Linking Society’s Most Basic Institution to Antisocial Behavior . Los Angeles, CA: Roxbury.
Troutman, B. (2018). A more just system of juvenile justice: Creating a new standard of accountability for juveniles in illinois. The Journal of Criminal Law and Criminology , 108(1), 197-221
Walker, C., S. & Bishop S., A. (2016). Length of stay, therapeutic change, and recidivism for incarcerated juvenile offenders. Journal of Offender Rehabilitation, 55:6, 355-376.
