Juvenile delinquency in general and specifically juvenile larceny are critical problems facing the US criminal justice systems, juveniles, and the community at large. Larceny, also called petty theft is common because it is easy to carry out and has mild ramifications upon arrest (Siegel & Welsh, 2014). It can be differentiated from grand larceny or felony larceny which involve stealing of property with a large value. Juveniles will engage in larceny for a variety of reasons, including experimentation, necessity, and even fun. The US justice systems with regard to juvenile larceny mainly deal with apprehension, prosecution, and punishment or rehabilitation (Aizer & Doyle, 2015). A better solution, however, would be focusing on the causes of juvenile larceny in order to prevent the problem before it happens, thus avoiding its vagaries on the community and the juveniles themselves.
Type of Crime and Reason for Choice
The crime selected for this case study is juvenile larceny. This juvenile crime has been selected for a variety of factors. First, juvenile larceny is very common all over the USA, traversing social class, race or locality (Siegel & Welsh, 2014). Secondly, children who have experimented with juvenile larceny have a propensity for graduating to more aggressive crimes, more so when they get away with it. Further, juvenile larceny will sometimes lead to children being held in detention centers, where they often learn more about crime from fellow detainees (Aizer & Doyle, 2015). Finally, the common nature of juvenile larceny creates a ridge between juveniles and the community they live in, to the detriment of juveniles. Focusing on juvenile larceny can lead to its reduction among the community and reducing its adverse effects. It is for these reasons that the subject has been chosen for this case study paper.
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The Basic Elements of the Crime
A juvenile larceny is said to have occurred when a person who is of minority age in the eyes of the law commits an act of petty theft (Siegel & Welsh, 2014). Any offense committed by a person under the age of 18 will thus be considered as a juvenile offense and shall be handled by the juvenile courts unless there are exigent circumstances. Petty theft has two primary elements; pettiness and theft. Theft is said to happen when a person carts away property from the owner, with the intent of permanently depriving the owner of its entitlement. The taking of the property must also not be accompanied by any form of apprehension or harm to the owner of the property. Taking the property is the actus reus of the crime while the intention to permanently deprive of its entitlement is the mens rea (Siegel & Welsh, 2014). The element of pettiness relates to the value of the property which in most states means being less than two thousand dollars’ worth.
Scope and Impact
Juvenile larceny is arguably the most common form of juvenile crime according to the statistics presented by the Office of Juvenile Justice and Delinquency Prevention. In 2016, Juvenile larceny incidences were almost 8 times those of juvenile robbery and almost double those of drug abuse related offenses (OJJDP, 2018). Further, larceny being a simple crime whose impact is limited, there are many unreported incidences, more so when the offender is known to the victim. Among the common form of petty larceny involve juveniles picking objects or money from their homes or the homes of people who are well known to them. Pickpocketing is also a common form of larceny common among juveniles. Finally, with the proliferation of the convenience store, shoplifting became one of the most common forms of juvenile larceny (Siegel & Welsh, 2014).
Larceny impacts the juvenile perpetrators, their families, the community and the criminal justice system. The age of the minority also happens to be the most important formative years for a person’s future. It is at this stage that they acquire substantive education including the high school level (Aizer & Doyle, 2015). It is also at this stage that the individual forms bonds or boundaries with the community. Larceny among juveniles interferes with their learning and may also make them societal outcasts. Juvenile larceny may also be a source of social conflict between those supporting the child and those supporting the victim. Finally, the juvenile criminal justice systems are extremely expensive as it is designed to protect the rights of the juvenile. The high volume of juvenile larceny puts an enormous pecuniary burden on the justice system (Aizer & Doyle, 2015).
Root Causes and Contributing Factors
There is no consensus on the root cause or contributing factors for juvenile larceny as different theories present varying ideas on the subject. Different juveniles are involved in larceny for different reasons varying from fun, experimentation, or even poverty, as the five theories canvassed herein reflect. The Social Disorganization Theory blames the entire community for the proliferation of juvenile larceny. As per the theory, the crime happens because there is no harmony and constraint amongst the members of the community (Siegel & Welsh, 2014). The theory can apply more in urban communities where strangers live close together. The Control Theory on the other hand, argues that juvenile larceny happens because young people have little of anything to lose due to lack of factors such as friends, close family units , values, and morals (Siegel & Welsh, 2014). The theory can be most suitable for explaining larceny among children from dysfunctional families. The third applicable theory is the Differential Association Theory where the understanding of the law by the offender differs from the literal meaning of the law. For example, for a child in a gang, larceny may seem to be the right thing since that is the opinion held by peers. This theory can explain why larceny is common in some communities more than others. The Labeling Theory can also explain some forms of juvenile larceny which are considered as a normal rite of passage (Siegel & Welsh, 2014). Under this theory, juveniles may commit crimes, not with an evil intent, but because of the adrenaline rush. The theory can explain crimes such as shoplifting where a child from a rich family will be caught stealing a very cheap product from a convenience store, while still having cash to spare at hand. Finally, there is the Anomie Theory which relates to any disconnect between societal goals and the means to attain them. For example, it is believed that money and respect can be attained through hard work and living right. However, in some communities, a colored person may work hard and live right, but fail to get respect or money. When juveniles hold the belief that the rewards of societal rules do not apply to them, they will be encouraged to act anti-socially, leading to juvenile larceny and other crimes (Siegel & Welsh, 2014).
The Effectiveness of the Juvenile Justice System
Specifically from the perspective of juvenile larceny, the current juvenile justice system can be considered as grossly ineffective even though it might be effective for more serious crimes. The juvenile justice system becomes involved when the crime has already taken place, through apprehension and prosecution (Aizer & Doyle, 2015). For a start, the system is mainly limited to whether the victim presses charges. The discretion of the victim creates a high propensity for discrimination based on gender, social status, and even race. For example, a rich white girl who is caught shoplifting is more likely to escape charges than a poor black boy, even when the shoplifted item is congruent. The discrimination also applies in the high level of discretion by police and children’s officers in determining whether to charge the child in court, or the juvenile judge in determining the form of punishment to be meted on the juvenile (Aizer & Doyle, 2015). When it comes to rehabilitation, a child who ends up in detention for a crime for which another child got a slap on the wrist will feel persecuted hence diminishing propensity for proper rehabilitation. The failed criminal justice system as defined above also contributes to a high level of recidivism and reoffending for juvenile larceny (Aizer & Doyle, 2015). The juveniles who get off easily will develop an element of impunity thus increasing the propensity for recidivism. Similarly, those who felt persecuted or unfairly treated will develop a grudge against the society thus increasing the propensity for recidivism.
Recommendations for Improvement
The first recommendation for improvement relates to a focus on prevention as opposed to the apprehension and punishment of wrongdoers. Most Americans begin their lives journey in school, whether or not they will eventually complete their education (Aizer & Doyle, 2015). Schools can be used to enlighten children and advise them against conducts such as larceny.
The second recommendation is that all offenders need to be treated equally to avoid either impunity or some children feeling persecuted. Treating offenders in the same way will go a long way in discouraging larceny and also reducing recidivism. Available research shows that juveniles who feel that they have been treated unfairly are more likely to re-offend (Aizer & Doyle, 2015).
Finally, a focus on victim compensation and restitution would exponentially reduce the community impact of the crime and discourage its advent. The restitution system would be more effective if the restitution came from the juvenile and not the loved ones. For example, a juvenile who steals money can be sentenced to working under supervision while the proceeds of the work go towards paying for the value of what was stolen. In so doing, restitution will also have an essence of rehabilitation.
References
Aizer, A., & Doyle Jr, J. J. (2015). Juvenile incarceration, human capital, and future crime: Evidence from randomly assigned judges. The Quarterly Journal of Economics , 130 (2), 759-803
OJJDP. (2018). Juvenile arrest rates. Retrieved from https://www.ojjdp.gov/ojstatbb/crime/JAR.asp
Siegel, L. J., & Welsh, B. C. (2014). Juvenile delinquency: Theory, practice, and law . Boston, Massachusetts: Cengage Learning
