Introduction
Social justice relates to the fair and just relation between an individual and the society. The concept has been used to refer to how individuals get to fulfill their roles in the society and also how they receive what they deserve from the community. Juvenile justice refers to how young offenders or children are supervised, cared for and dealt with in the community and the juvenile justice centers. It is recognized that distinctions should be drawn between adults and minors. Juveniles should always be treated appropriately in the legal system and ways.
In the early days, (during the colonial era – British rule) the laws that were put by the British rulers and the common law did not have distinctions between children and adults. Children were made accountable for following similar rules just as adults. Later on, people realized that this was neither humane nor effective to treat children and youths similarly as adults. Social workers have always advocated for the different standards and methods that should be used for the conduct of children. Social workers have always played a significant role in the way children are treated in the criminal justice system ( Bernard and Kurlychek, 2010) .
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The majority of the US citizens have always supported treatment as a way of dealing with juvenile offenders as opposed to punishment. For instance, in a case of drug abuse by the youth and young children, two-thirds of the population proposed for rehabilitation rather than incarceration. A survey revealed that sixty-seven percent of the population believes that the government should recommend treatment for people (in particular for juveniles) who use illegal drugs rather than punishment.
Debates on whether to use treatment or punishment for juvenile offenders have always emphasized the use of treatment. Reports have shown the brutality that some police have used on young children, and the picture is an unbearable one. Severe beatings knocked out teeth, and broken bones are just some of the punishment that some juveniles have received while others have also been rendered unconscious. The offense might have only been a case of stealing a cookie or a weird laughter in the streets.
Juvenile offending or juvenile delinquency should not always be justified through punishment. Treatment as a way of juvenile justice should be emphasized for juvenile delinquency. In the US, a juvenile delinquent is an individual of below eighteen years of age (in most states) who commits an act that can be charged as a crime – if they were adults.
Naturally, if a child is involved in a juvenile delinquency case, the court may consider certain variables. The age of the child is considered and so is the intensity of the crime. The child's criminal record may also be checked . The court may give a verdict on what should be done to the child. The child may live with the parents under court supervision, put on probation or sent to a department of corrections and rehabilitation.
In California, if a child is sent to the Department of Corrections and Rehabilitation (Division of Juvenile Justice), the child will be taken to a reception center for three months. The center then finds out the form of education and treatment that the child requires and may then send the child to a correctional facility or youth camp.
California has adopted some of the best policies of dealing with juvenile delinquencies and juvenile justice. The California judicial systems emphasize on juvenile treatment as a form of juvenile justice. In California, if the police arrest a child they may do either of the following. The police may keep a record of the arrest and let the child go home. They may give the juvenile a notice and make him or her do what the note says. The police may also have the child get back to the police station. The child may be sent to an agency that counsels and also cares for children. The police may also opt to put the child in juvenile hall (juvenile detention).
The legal rights of the child are referred to as the Miranda rights in California. If the police need to talk to the young offender about the offense, they must inform the child of his or her rights. The child has a right not to speak and to remain silent. Anything that he or she says may be used against him or her in court. The child has a right to a lawyer too. The police must also inform the parent(s) or guardian about the arrest of the child.
In California, a child who is fourteen years old may be tried in adult court for serious crimes. This category includes rape, murder, and attempted murder. Other serious crimes considered for this category include; carjacking, setting fires in buildings with people in them, escape from juvenile detention, robbery with weapons and drug crimes. If a child is tried in an adult court, the child may end up being sent to an adult prison. Children sent to adult prisons are put in the Division of Juvenile Justice until they are at least sixteen years of age.
The Difference between Treatment and Punishment
Treatment differs from punishment in criminal justice as each of these ideologies is intended to serve different purposes. Punishment instills fear among those who have yet to break the law as lawbreakers are dealt with severely and may be given long jail terms. According to Kurlychek and Johnson (2010) , punishment is intended to deter an offender and the society from breaking the law. Although punishment may change a person after he or she have served his or her time, punishment may not be enough for an individual. Once a sentence is served , a person may most certainly return to his or her old ways.
Treatment helps the offender assimilate into the civilized society. Rehabilitative programs are offered by the judicial system to help transform the offenders to become better people in the civilized society. Rehabilitation is not targeted at deterring crime or the public from breaking the law. Treatment may help change individuals who were considered to be the worst in the community. Rehabilitation is also aimed at identifying new skills for the inmates – skills that may see them venture into new ideas and occupations once they leave the rehab centers.
For instance, in a case where a 15-year old lad is arrested for a burglary offense, the kid may be taken to the juvenile or adult court depending on various factors. The factors to be considered are criminal history or record and age. Such kind of minor offenses should be treated rather than being punished by adult criminal courts. If the kid has no known criminal records, then treatment is the best form of justice to be offered to the juvenile delinquent.
Treatment is should also be considered for juvenile cases involving drug abuse. The juvenile offenders should be taken to juvenile courts and then taken to rehabilitation centers. Punishment is not appropriate for drug users as they will soon continue abusing the drugs as soon as they are released. Rehabilitation focuses on treatment, recovery, and change of behavior of the individuals ( Lipsey, et al. 2010) .
Juvenile crime stats
1. Boston
Recent research reported that about 1% of the youth in Boston (16 – 24-year-olds) were involved in the 50% of all the gun-related violence in the city. In Boston, juvenile delinquency rates have shown a declining trend – from 9457 incidents in the year 2006 to 7101 incidents reported in 2009. Racially, 3.9% African Americans have been reported carrying guns while 3.5% have been whites and 2.8% Latinos in the year 2011. In the earlier years, the African American group had a larger percentage of up to 15% while the whites’ percentage remained small. The Latinos’ percentage was also higher compared to the recent states. The charts below show the juvenile crime rates in Boston from 2005 to 2009.
The chart above shows the juvenile youth crimes of individuals between the ages of 16 to 24 in Boston from 2005 to 2009.
The table shows the under 16 violent youth crimes in Boston from 2005 to 2009.
The figures above show the percentage of the young individuals in Boston according to race, who have carried guns. The chart compares the years of 1993 and 2011. From the graph, it is evident enough that the numbers the youth who have possessed weapons have drastically decreased over the years.
In Boston, individuals of 14 years of age or older charged with murder are tried as adults in adult courts. The courts in Boston have rebuked the life sentencing of juveniles without parole. The courts and experts on juvenile justice have come to an agreement that the young people should be dealt with differently from adults due to their age and other facts. These youths under the age of 16 may still have hope for better lives and sentencing them to life may not be the best option when it comes to their justice ( Henggeler and Schoenwald, 2011) .
2. Chicago
The number of juvenile arrests has decreased over the years in Chicago. The number dropped by around seventeen percent from 2013 to 2014. Since the year 2009, the analysis shows that juvenile offenses and arrests have decreased by about 43 percent. The black population accounted for 79% of the under-18 juvenile arrests in 2013 and 2014. The Latinos accounted for 18% of the arrests.
In 2014, 83% of police juvenile arrests were those that involved males while only a smaller percentage involved females. The charts below vividly present the graphical representation of the juvenile crime rates in Chicago.
According to Bernard and Kurlychek (2010), t he practice of treating juvenile offenders in Chicago started among the social workers many years ago. Rehabilitation emphases ranging from allowing juvenile delinquents to do community work and sending them to camps have been pushed forward in Chicago. The juvenile justice in Chicago promotes the concern of human right by embracing various methods of treatment for the youths found in crimes.
The chart shows a graphical presentation of juvenile arrests in Chicago (per 100000 juveniles) from the year 2004 to 2014. The black were involved in the majority of the arrests throughout the years.
3. Seattle
In Seattle, the juvenile crime rates have decreased over the years. The number of juvenile delinquencies dropped, with the total number of cases lower than the statistics from other states. Reports ha ve pointed out that there are more juvenile delinquencies in urban areas than in the countryside. The cases emerge mostly from the public and commercial areas where youths often gather. It is outlined clearly in the Seattle law that juvenile laws are different from adult criminal law. The law experts in Seattle work quite hard to ensure that a juvenile case remains in the children's court. The youth justice system in Seattle is advocated towards treatment and rehabilitation for young offenders. It is not primarily concerned with punishment as a form of juvenile justice. The chart below shows the graphical presentation of the total juvenile cases in Seattle in selected years. It may also be of great significance to note that, the majority of the offenders were males.
Total incidents of juvenile crimes in Seattle in 1995, 1998, 2000 and 2002
Recidivism
Recidivism is described as the tendency of a convicted criminal or a law offender to offend or commit a crime again. When talking about treatment and punishment as a form of juvenile justice, there comes an element of difference in recidivism. One form of justice of justice may favor or discourage recidivism. In subjective terms, the society would always go for the kind of justice that would discourage recidivism.
Rehabilitation is the modest form of treatment. In rehabilitation centers, juvenile offenders are studied for a period and put in appropriate centers according to their research findings. They are then put in educational or operation centers where they learn new skills and deviate from their bad behaviors. Rehab centers are best for drug abusers as they are put under medication and education to try to revive their mentality and physical being ( Bazemore and Schiff, 2013) .
Punishment, on the other hand, is most likely directed towards jail time in prisons. Punishment is also administered through beatings and extraneous activities. Punishment may instill fear of committing a crime in the individuals who are yet to commit any crimes. It may also restrain a person from committing a crime after he or she has served a punishment.
However, punishment such as jail time may not necessarily prevent an individual from getting involved in crimes after they have been released . A person may continue doing similar things that he or she used to do as they will not have anything constructive to review. Most individuals who are released from prison do not know where to start from and end up embracing their old ways. Rehabilitation, on the other hand, is primarily designed for such purpose.
Treatment is targeted at producing an entirely new and better person who would easily adjust and readily be accepted in the society. Treated may change the direction of the life of people positively. Therefore recidivism is reduced in treatment while punishment may encourage recidivism. Treatment should be promoted especially in juvenile justice. Juveniles should never be treated the same as adults.
Personal, I think treatment is the ideal form of justice especially when it comes to correcting juvenile offenders. Juveniles are young people who are still growing and are facing developmental issues. They may find themselves in many compromising situations that they may have never intended to be involved in . They may also get involved in offenses due to experimenting and peer pressure from others.
Juvenile drug users need to be shown better directions at life. They require treatment and reformation for them to become better persons in the society and to help improve their wellbeing. Punishment is definitely, not ideal in dealing with juvenile offenses. Crimes that are not considered as serious as rape, murder or attempted murder should always be handled in juvenile law courts and guilty offenders taken to rehab centers. Treatment involves many forms of corrections that are appropriately applicable depending on the nature of a crime. Because children are still developing, the best help they require is correctional education. Proper correctional education is offered in rehabilitation centers.
Therefore, treatment should be advocated and preferred mostly when dealing with juvenile delinquencies. The California judicial service should embrace treatment as the most appropriate correctional method of justice especially when it comes to juvenile delinquencies.
References
Bazemore, G., & Schiff, M. (2013). Juvenile justice reform and restorative justice . Routledge.
Bernard, T. J., & Kurlychek, M. C. (2010). The cycle of juvenile justice . Oxford University Press.
Henggeler, S. W., & Schoenwald, S. K. (2011). Evidence-Based Interventions for Juvenile Offenders and Juvenile Justice Policies that Support Them. Social Policy Report. Volume 25, Number 1. Society for Research in Child Development .
Kurlychek, M. C., & Johnson, B. D. (2010). Juvenility and Punishment: Sentencing juveniles in adult criminal court. Criminology , 48 (3), 725-758.
Lipsey, M. W., Howell, J. C., Kelly, M. R., Chapman, G., & Carver, D. (2010). Improving the effectiveness of juvenile justice programs. Washington, DC: Georgetown Center for Juvenile Justice Reform .
