Running head: THE RAMAYANA AND SEI SHONAGON 1
Running Head: JUVENILE SYSTEM 4
Tommy K. Bush Sr.
CJ 3325 Juvenile Justice
Dr. Oliver
November 28, 2013
Abstract
In America, it is noted that the American justice system dealing with juveniles has developed over the past century. This has been due to the distinguishing difference existing from the criminal justice system. As a result, the purpose of this article is to articulate why the juvenile justice system is better than the criminal system of justice. The paper is going to give a brief introduction of the juvenile system of justice and later on, state the importance of the juvenile process. An overview of how the juvenile system is adopted across the American State will be shown. This will give the reader a rough awareness of how the justice system has brought change in the country in terms of crime reduction. Giving statistics of the various criminal activities will expand on this point further, and thus, readers will be able to understand why the juvenile justice system is vital. The essay purposes to elaborate why the juvenile justice system is preferred and thus, will give an in-depth understanding of how the system contributes to the youths’ greater amenability to treatment. The conclusion will be a summary of the main ideas and points argued in the essay and emphasize on the importance of juvenile justice systems.
Introduction
In 1899, in Chicago (Illinois), the first juvenile court was established. Policy makers, citizens, and professionals continue debating on why juvenile offenders should be tried and sentenced differently from adult offenders. To the public, the aspect of trying juveniles as adults is a controversial topic. As such, the principle of establishing these juvenile courts was for individualized justice and their main focus was on rehabilitating, caring, and treating the youthful offenders and not punishing them. The juveniles talked about in this case fall under 18 years of age, nonetheless in some American States there is variance in terms of the legal age. According to recent research conducted, it is evident that the human brain continues to develop throughout adolescence. The pre-frontal cortex (part of the brain responsible for function execution and complex reasoning) is not fully matured until the mid-twenties (Scott & Steinberg, 2008). Therefore, for adolescents, their brain is not fully matured hence; their thought and decision-making processes are different from those of the adult. For instance, for adolescents, it is developmentally normative to take greater risks and show susceptibility to influences from their peers than adults. As such, these normal differences contribute to behaviors that have led many adolescents to their involvement with the juvenile justice system. Some of the risk factors .
1. Running head: THE RAMAYANA AND SEI SHONAGON
1
Running Head: JUVENILE SYSTEM
4
Tommy K. Bush Sr.
CJ 3325 Juvenile Justice
Dr. Oliver
November 28, 2013
Abstract
In America, it is noted that the American justice system dealing
with juveniles has developed over the past century. This has
been due to the distinguishing difference existing from the
criminal justice system. As a result, the purpose of this article
is to articulate why the juvenile justice system is better than the
criminal system of justice. The paper is going to give a brief
introduction of the juvenile system of justice and later on, state
the importance of the juvenile process. An overview of how the
juvenile system is adopted across the American State will be
shown. This will give the reader a rough awareness of how the
justice system has brought change in the country in terms of
crime reduction. Giving statistics of the various criminal
activities will expand on this point further, and thus, readers
will be able to understand why the juvenile justice system is
vital. The essay purposes to elaborate why the juvenile justice
system is preferred and thus, will give an in-depth
understanding of how the system contributes to the youths’
greater amenability to treatment. The conclusion will be a
2. summary of the main ideas and points argued in the essay and
emphasize on the importance of juvenile justice systems.
Introduction
In 1899, in Chicago (Illinois), the first juvenile court was
established. Policy makers, citizens, and professionals continue
debating on why juvenile offenders should be tried and
sentenced differently from adult offenders. To the public, the
aspect of trying juveniles as adults is a controversial topic. As
such, the principle of establishing these juvenile courts was for
individualized justice and their main focus was on
rehabilitating, caring, and treating the youthful offenders and
not punishing them. The juveniles talked about in this case fall
under 18 years of age, nonetheless in some American States
there is variance in terms of the legal age. According to recent
research conducted, it is evident that the human brain continues
to develop throughout adolescence. The pre-frontal cortex (part
of the brain responsible for function execution and complex
reasoning) is not fully matured until the mid-twenties (Scott &
Steinberg, 2008). Therefore, for adolescents, their brain is not
fully matured hence; their thought and decision-making
processes are different from those of the adult. For instance, for
adolescents, it is developmentally normative to take greater
risks and show susceptibility to influences from their peers than
adults. As such, these normal differences contribute to
behaviors that have led many adolescents to their involvement
with the juvenile justice system. Some of the risk factors
associated with increased numbers of youthful offenders go
3. beyond developmental influences and include: low school
involvement; poverty; cognitive deficits; and homeless or
runaways.
According to the National Center for Children in Poverty
(NCCP), reform efforts place greater efforts and give focus to
improving the access of youths to mental health services. These
enables institutions to better serve the needs of youths involved
in the juvenile justice system, and create effective alternatives
that serve traditional cultures and taboos governing their family
structures. In order for juvenile systems to be healthy and
productive for the youths, it is necessary for them to be
accorded proper treatment and rehabilitation services, which
culminates to them being productive members of the society.
Having juvenile justice systems in the society is beneficial
because it gives parents the chance to rehabilitate youth
offenders in the family (Scott & Steinberg, 2008). As a result,
they save their future by giving treatment and rehabilitation
programs to them at an early age, which enables them, better
their future because they mend their broken ways.
In another instance, this system has come under examination
due to the swelling number of juveniles involved in violent
crimes. The most reported cases involve school violence,
weapon assaults that result in serious injuries and fatalities, and
violence related to gangs. However, with the small proportion
of juveniles involved in murder cases reducing each year, media
coverage on violent crime committed by juveniles is
widespread. As a result, this has solicited response from the
political (legislative) and public with regard to juvenile
violence and has demanded accountability and punishment,
which resembles the criminal justice system. In addition, an
influx of immigrants and increased birthrates in America
brought a new wave of growth among cities in America
(Finkelhor, Turner, Ormrod & Hamby, 2009). The growth came
with an increased number of dependent and destitute children
that resulted in the formation of juvenile justice systems. This
limited the children from being treated as adults and being
4. taken to adult courts for persecution. Majority of the parents
were not able to control and discipline their children, and this
resulted in the formation of juvenile justice systems that served,
as schools to treat and educate the juvenile offenders. These
interventions by the government served, as a means to help the
children through propelling their behavior in the right direction.
Lawyers call juvenile offenders delinquent and the courts are
here to change them into productive citizens who give focus to
their treatment rather than punishment. Hence, the proceeding
of these courts was more of civil and not criminal. The legal
process of these courts put the interests of the child ahead, and
their hearing was informal. From this, it is evident that at no
point can children be treated the same as adults because of the
development of their thought process.
Adolescents are mature children who understand the concepts
important in the society and the expectations of the public.
Nevertheless, during these years, adolescents are trying to deal
with societal changes, inner battles, as well as pressures,
impulsiveness, their lack of direction and identity. At such
times, it becomes unfair to treat them as adults because they
have no responsibilities. Furthermore, no maturity is expected
of them since they do not conceptualize the consequences of
their actions. Juvenile delinquents committing crimes tend to
have a repressed memory of those crimes in future, and have a
nebulous reminiscence of the events (Granic & Patterson, 2006).
For such instances, it becomes the responsibility of the
caregivers to impart their children with responsibilities, values,
and morals to be upheld in society. Studies conducted show
that youths from the black community are given dispositions
that are stricter than the youths from the white community; even
when the offense committed is the same, and they have similar
prior records. As a result, they are transferred to adult courts
and give them a reason to re-offend due to the contact they have
with the adults. This event magnifies on racial differences
experienced throughout the juvenile system.
Logically speaking, age is considered in issues like voting,
5. marriage, jobs, and benefits among others. Therefore, it is wise
not to execute harsh forms of punishments to kids as is done to
the adults. For example, Virginia’s system of justice is
ineffective, unfair, and unsafe because it tries youth delinquents
as adults. Inhibitions faced by these young people include
working, getting an education, and contributing to the
community through volunteering and voting. These obstacles
are caused by their adult felony convictions, which undermine
successful reentry measures; correctional institutions for adults
are not safe places for young people; and local practice
variation around the making of certification decisions (Ryan,
Herz, Hernandez & Marshall, 2007). The arguments presented
above affirm that juveniles are children and have no same
thought process as that of adults and hence, act on emotion with
no thought on actions involved. As a result, by convicting
juveniles as adults undermines and builds life obstacles, which
is not the correct way of dealing with juvenile delinquents.
Higher rates of violence and crime exposure are suffered by
children than adults, and this exposure is responsible for
considerable burden of mental and physical health morbidity.
Studies show that a holistic approach to public policy, which
concerns victimization of youth and child, is essential
(Finkelhor, Turner, Ormrod & Hamby, 2009). Programs need to
be implemented and formulated in order to prevent the rise of
such cases because they hamper and deter the growth and
development of children. The state and federal levels are
responsible in fragmenting among child welfare departments,
health agencies, and systems of justice. However, many of such
institutions and streams of funding adhere to portions restricted
to the spectrum of victimization. For example, systems dealing
with child protection, which tends to victimization by the
system of justice and non-caretakers since conventionally, they
are not dealt with by the police. As such, the government has
resorted in forming juvenile justice systems that look into
rehabilitating, caring, and teaching these individuals in a
manner that will help them be productive youths in building the
6. society (Finkelhor, Cross & Cantor, 2005). Health agencies
have also campaigned for such policies to be implemented;
because they support such justice systems that look into
building the delinquent youths into individuals who contribute
to change in the society.
In conclusion, it is evident that juvenile systems of justice need
to be embraced by all States and countries around the globe.
The reasons presented in the discussion above elaborate the
importance of having juvenile justice systems in America.
Statistics also give an in-depth understanding of how important
it is to have such systems. The child needs to develop in a pace
that enables him/her undergo through all developmental stages,
and as such, policy makers, the public, and parents need to
allow the federal arm to take part in rehabilitating, caring, and
teaching delinquent youths in society. It is true to summarize
that the juvenile system of justice is better than the criminal
justice system because, at a younger age, children will conform
to societal policies and rules. Therefore, crime reduction and
violence will be experienced in the community and society,
which means that the criminal justice system will have minimal
function. Through rehabilitation programs, individuals will be
in a position of giving direction to the youths into adulthood
that brings change into their lives. Having youths who conform
to rules and regulations of the society enables the State be
productive in terms of responsibility and morals.
References
Finkelhor, D., Cross, T.P. & Cantor, E. (2005). The justice
system for juvenile victims: a
comprehensive model of case flow. Trauma Violence
Abuse, 6(2), 83-102.
Finkelhor, D., Turner, H., Ormrod, R. & Hamby, S.L. (2009).
Violence, abuse, and crime
exposure in a national sample of children and youth.
7. Pediatrics, 124(5), 1411-1423.
Granic, I. & Patterson, G.R. (2006). Toward a comprehensive
model of antisocial
development: a dynamic systems approach. Psychological
Review, 113(1), 101.
Ryan, J.P., Herz, D., Hernandez, P.M. & Marshall, J.M. (2007).
Maltreatment and
delinquency: Investigating child welfare bias in juvenile
justice processing. Children andYouth Services Review,
29(8), 1035-1050.
Scott, E.S. & Steinberg, L. (2008). Adolescent development and
the regulation of youth
crime. Juvenile Justice, 18(2).