8 Jun 2022

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The Evolution of Juvenile Justice Systems

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Academic level: High School

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The history of the juvenile system began about 100 years ago in the U.S. when the philosophy shifted from criminally sentencing juveniles to rehabilitation. Consequently, the offenses juveniles committed were classified as delinquencies rather than crimes. In the modern world, the court concentrates on adolescents, assisting them with their psychological issues rather than the behavior that has brought them in the court. The difference between this and the former system is that the juvenile court proceedings were private and informal to give the adolescent ease of blending back in the society after the trial and possible sentence were over. The verdict by the judge did not mean to punish the adolescent but correct them in a rehabilitative way. Rehabilitation has received significant attention from the public and private sector, with private institutions offering specialized programs for juvenile delinquents. While U.S. juvenile justice systems have significantly improved, there are legal issues that require addressing, particularly regarding privatization.

Back in the day, determining whether mental disorder had a hand in youths admitted at juvenile custodial centers was inaccurate. The samples used were insufficient and could not give a definite opinion on the damage that mental disorders had caused to the youths who ended up in juvenile custody. This implied that the environment used to carry out this investigation was limited in space and scarcity in resources. This resulted in very little attention from lawmakers. Currently, it has been improved by having sufficient samples across a vast area, which led to the realization of mental disorders among the adolescent and young adults from the state government to implement policies about juvenile justice (Grisso, Vincent & Seagrave, 2005). A recent study indicates the following common mental disorders in juvenile facilities; mood disorders, abuse of substance disorders, anxiety, and behavioral disorders such as to conduct disorder.

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Research suggests that behavioral disorders should not be classified as actual disorders due to a lack of psychological evidence. Researchers have classified behavioral disorders as rebelliousness since other categories of disorders portray obvious signs. Externalizing behaviors such as stealing, property destruction, and fighting depict the presence of conduct disorders in children and young adults (Lambert, Wahler, Andrade, and Bickman, 2001). However, children possessing conduct disorder may also show signs of one or more disorders in the above categories, which is a situation referred to as comorbidity (Lahey et al., 2002). It is, therefore, meaningless to say that conduct disorder is not necessarily a mental disorder since it rarely manifests itself on its own.

Low self-esteem in adolescents is the main trigger of substance abuse. The relationship between low self-esteem and substance abuse is a long-established fact with little contention in the research (Deykin, Levy & Wells, 1987). After the continuous use of alcohol and drugs, depression from low self-esteem fades over time, creating an illusion of happiness, which results in high dependence on drugs. Consequently, this becomes a chronic disability making it hard to trace the origin of addiction. Whereas marijuana is the substance majorly abused by adolescents, frequently drinking at an early age could be a sign of major depressive disorder (MDD) (Deykin, Levy & Wells, 1987). This means that depression is the primary cause of drug abuse among adolescents, as the intoxication of the drug tends to block negative thoughts. Adolescents who use drugs portray a rebellious behavior that brings about the need for psychiatric evaluation.

In the 19th century, private sectors were common in running juvenile facilities in the United States with minimal controversies. According to Buchanan (1994), some facilities were profit-oriented, and others even abused their inmates physically and psychologically. In response to these allegations, the government set up their juvenile facilities for close monitoring of inmates, ensuring a treatment that is more humane. Recently, the private sector has acquired skills to deal with the mental disorders of adolescents by offering psychiatric assistance. On the other hand, some commentators such as Anderson (2009) have questioned the legality of private institutions taking over inherently government functions. Therefore, the future of the juvenile justice system will depend on the interaction between the private and public sectors.

The research has demonstrated the evolution of the philosophical paradigm behind juvenile justice systems in the U.S. The system has shifted from a criminal justice-based approach focused on punishment to a juvenile delinquency one. Privatization continues to raise significant legal issues that will continue to drive the debate on the juvenile justice system.

References 

Anderson, L. (2009). Kicking the national habit: The legal and policy arguments for abolishing

private prison contracts. Public Contract Law Journal , 113-139.

Buchanan, B. (1994). Privatisation and the Juvenile Sector. Biles, David, and Julia .

Deykin, E. Y., Levy, J. C., & Wells, V. (1987). Adolescent depression, alcohol and drug abuse.

American Journal of Public Health , 77 (2), 178-182.

Grisso, T., Vincent, G., & Seagrave, D. (Eds.). (2005). Mental health screening and assessment 

in juvenile justice . Guilford Press.

Lahey, B. B., Loeber, R., Burke, J., Rathouz, P. J., & McBurnett, K. (2002). Waxing and waning

in concert: Dynamic comorbidity of conduct disorder with other disruptive and emotional problems over 17 years among clinic-referred boys. Journal of abnormal psychology , 111 (4), 556.

Lambert, E. W., Wahler, R. G., Andrade, A. R., & Bickman, L. (2001). Looking for the disorder

in conduct disorder. Journal of abnormal psychology , 110 (1), 110.

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