This document discusses juvenile delinquency systems in Mexico and the United States. It notes that Mexico reformed its system in 2005 to separate juvenile and adult offenders and implement a system focused on rehabilitation rather than punishment. Both countries now emphasize restorative justice methods like counseling and education instead of incarceration. The reforms in Mexico were influenced by concepts of human rights and research showing juveniles' diminished responsibility due to age. The document evaluates how both countries consider social factors that may contribute to juvenile crimes, such as poverty, abuse, and gang involvement. It argues restorative justice is more effective at rehabilitation and preventing recidivism compared to punitive models.
Running head JUVENILE JUSTICE REFORMS1JUVENILE JUSTICE RE.docxcowinhelen
Â
Running head: JUVENILE JUSTICE REFORMS
1
JUVENILE JUSTICE REFORMS
9
The Juvenile System Reforms
Stephanie Rincon
Professor: Captain W. Michael Koval
Criminal Justice Capstone
February 7, 2018
Introduction
A criminal activity committed by an adult is normally considered as a crime and is punishable by law but when the same crime is committed by a child, it is not considered a crime but a juvenile delinquency. The American juvenile system has been focusing on a rehabilitation model which means that the primary goal entails rehabilitating the offenders as opposed to punishing them (Goswami & Mehra, 2014). However, it is imperative to point out that the United States is slowly shifting from the rehabilitation model and getting utterly tougher on the juveniles. This has seen rising opposition and support in equal measure. Individuals opposing shifting from the rehabilitation model view children or adolescents as persons who needs assistance and hence should not be subjected to destructive punishments. On the other hand, individuals in support of the shift argue that children and adolescents are more likely to commit heinous crimes such as murder when they know they can easily get free after committing a crime. The following section evaluates whether juvenile justice systems should shift from the rehabilitation model as a deterrence to juvenile delinquency.
Discussion
In more than a century ago, a separate juvenile system was established in the U.S. with the aim of diverting young offenders from the destructive punishments in the criminal courts so as to encourage the much needed rehabilitation (Leve & Chamberlain, 2005). This system was to focus on a child as a person in need of assistance. Actually, the proceedings were informal where discretion was left to the judge handling the case. It is imperative to point out that the judge was supposed to act in the best interests of the child but an offender was denied procedural safeguards such as right to a jury, right to an attorney and right to confront an accuser among others (Maschi, Hatcher, Schwalbe & Rosato, 2008). Further, the proceedings were supposed to be confidential so as not to interfere with a childâs ability to reintegrate into the society.
After the establishment of the separate system, there was a rising tension between social welfare and social control. This means that focus on the best interests of the offenders as opposed to focus on punishments and protecting the society from certain offenses. Various occurrences followed such as increasing violent crime in the 1980s which called for reforms in dealing with serious offenses and concern for public safety (Huizinga, Schumann, Ehret & Elliott, 2003). 17 states redefined purpose of the Juvenile courts to emphasize public safety and offender accountability. In the U.S., 51 states and District of Columbia have different juvenile justice systems. In majority of the states, there are legal reforms and policy changes that focus on mor ...
If you are in need of professional writing services for your upcoming Capstone design project; then all you need to do is contact us through our easy to use website. Let us know about your project, what you are looking for and when you need your proposal by. From there we will get to work for you and make sure that you are being matched with the right writer to deliver you the assistance that you are looking for.
You can find more information on our website http://www.capstoneproject.net/
Running Head ANALYSIS1ANALYSIS14Juvenile De.docxhealdkathaleen
Â
Running Head: ANALYSIS 1
ANALYSIS 14
Juvenile Delinquency Analysis
Joshua D. Musick
University of Maryland Global College
PSAD 495
Professor: Barry Titler
November 24, 2019
Introduction
Juvenile delinquency refers to the process of doing criminal acts by juveniles. It is possible for the juveniles to commit serious crimes in the society even though they are still considered children. The way in which the delinquents are dealt with cannot be similar to how adult offenders are treated in the society. The adults who commit offences are considered fully responsible for their behaviors and actions but the delinquents are still legally children (McCord & Conway, 2018). The legal systems in the United States has specific processes that are used to deal with the juveniles, for example, the juvenile detention centers. There are efforts which are there to try and identify the potential delinquents early so that are assisted in a way. The approach that is taken for the delinquents is to guide them towards reforming as opposed to its being a punishment.
It is common for the juveniles to be given suspended sentencing or probation. When the delinquent is unable to meet the conditions under these two conditions then they are under the stricter regimes as per the state standards. There are reform schools in the majority of the states. The hope for the youth in these institutions is for them to be rehabilitated before they become adults so that they can become well behaved adults (Garbarino & Plantz, 2017). The success of the modes of reform is not guaranteed and several of them end up getting into worse habits getting involved in adult crime. The education of the delinquents requires for them to be disciplined under the set laws. Dealing with the problem involves the participation of all stakeholders in public safety as well as support from the parents.
Specifications ad Definition
The definition of a delinquent in the United States is a person who is yet to reach the age of 18 years old which is the age of maturity and one whose behavior has been determined as delinquent by a court of law. The requirements for one to be referred to as delinquent vary from one state to another. The federal government came up with legislation that was meant to unify how the delinquents are handled under the Juvenile Justice and Delinquency Act of 1974. It is this act which came up with the Office of Juvenile Justice and Delinquency Prevention (OJJDP) which is in the Justice Department (McCord & Conway, 2018). The office is the one which administers grants for programs to deal with the delinquency as well as provide statistics on this type of crime. The office also funds research on the crimes of the youth as well as administration of juvenile custody mandates.
There are specific orders that are there and provided under the Juvenile Justice and Delinquency Act of 1974. The first one is deinstitutionalization which means that the young people who are charged with ...
Juveniles Tried as Adults
Juveniles Tried as Adults
Research Thesis Paper
Juveniles Tried as Adults
It found that the compromise between punishment and healing for juvenile offenders is a dilemma that the United States have to face since the inception of its judicial system. After declaring self-rule from Britain, the United States modeled its lawful system after the one well-known United Kingdom. It meant that, in the eyes of the law, little difference was made between children and adults. Kids as could be tried as adults if warranted by their crime. At the end of 18th century, psychologists and sociologists began to recognize the emerging notion of adolescence as a developmentally different era of life. This is the idea of managing adolescent offender outer of the adult court became more widely accepted but keeping in line with the idea that juvenile delinquent requires special care and treatment. In this case, the society had a role to play in the prevention of Juvenile delinquency that opened the first facility for disturbed youth in 1825. New York House of Refuge, on the other hand, was created as an option for juveniles who had committed an illegal act that would have likely earned them time in jail. But in 1899, what came into existence is the development of first juvenile court in the United States came into existence in Cook County, Illinois. The rationale that was behind the forming a separate justice system for youths. Its evident that this was based on the British set of guidelines for parens patriae, which gives a State meaning as a parent. What is provided by Sickmund and Snyder is that the set of instructions was to give an interpretation with a mean because children were not of full legal capacity, the state had the inborn power and accountability to protect children whose natural parents were not providing suitable care or supervision. The court system viewed insufficient parenting as part of the problem with delinquent youth and reasoned that, with proper intervention, troubled juveniles could be put back on the path towards becoming law-abiding, productive members of their communities.
In 1899 United States of America, made legal history when the world's first juvenile court opened in Chicago. The court was founded on two fundamental principles. First, juveniles lack the maturity to take responsibility for their actions the way adults could. Secondly, because, their personality was not yet fully developed, what could be noted is that they could receive proper corrective measures more successfully than adult criminals. More than a century later, these principles remain the benchmarks of juvenile justice in the United States.
A rising number of crimes committed by the kids are being subjected to trial as adults much the way they might have been before the beginning of juvenile courts. This stems from public outra ...
Running head THE RAMAYANA AND SEI SHONAGON .docxagnesdcarey33086
Â
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 youthsâ 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 .
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
An Overview of Juvenile Justice in the United States(HOAFPGe.docxgalerussel59292
Â
An Overview of Juvenile Justice in the United States
(HO/AFP/Getty Images/Newscom)
Learning objectives
AFTER READING THIS CHAPTER, THE STUDENT WILL BE ABLE TO:
¡ Explain the concept of parens patriae.
¡ Differentiate between the types of juvenile offenders, including delinquents and status offenders.
¡ Explain the structure of the juvenile justice system and the roles and functions of various juvenile justice agencies.
¡ Summarize how juvenile offenders are processed through the criminal justice system.
¡ Understand the meaning of the deinstitutionalization of status offenders.
Introduction
The juvenile justice system is unique. This book explains the system and how it has evolved. The organization of this chapter is as follows: First, the juvenile justice system is described. Certain features of juvenile justice are similar in all states. Various professionals work with youth, and they represent both public and private agencies and organizations. From police officers to counselors, professionals endeavor to improve the lives of youth.
Every jurisdiction has its own criteria for determining who juveniles are and whether they are under the jurisdiction of the juvenile court. A majority of states classify juveniles as youth who range in age from 7 to 17 years, and juvenile courts in these states have jurisdiction over these youth. Some states have no minimum-age provisions and consider each case on its own merits, regardless of the age of the juvenile.
Because juveniles are not considered adults and, therefore, fully responsible for some of their actions, special laws have been established that pertain only to them. Thus, violations specific to juveniles are referred to as status offenses. Juveniles who commit such infractions are categorized as status offenders. Juveniles who engage in acts that are categorized as crimes are juvenile delinquents, and their actions are labeled juvenile delinquency. In brief, delinquent acts for youth would be crimes if committed by adults. By contrast, status offenses are not considered crimes if adults engage in them. Examples of status offenses include runaway behavior, truancy, unruly behavior, and curfew violation. The characteristics of youth involved in such behaviors will also be described.
In 1974, the U.S. Congress enacted the Juvenile Justice and Delinquency Prevention Act (JJDPA). This act, although not binding on the states, encouraged all states to remove their status offenders from secure institutionsânamely secure juvenile residential or custodial facilitiesâwhere they were being held. States subsequently removed status offenders from institutions and placed these youth with community, social service, or welfare agencies. This process is called the deinstitutionalization of status offenses (DSO) and will be described in some detail.
Next, a general overview of the juvenile justice system is presented. While later chapters will focus upon each of these components in greater detail, the juven.
PERSPECTIVESJuveniles in CourtMatthew F. Soulier, MD, .docxkarlhennesey
Â
PERSPECTIVES
Juveniles in Court
Matthew F. Soulier, MD, and Charles L. Scott, MD
Nineteenth-century American reformers were concerned about the influence of immaturity and
development in juvenile offenses. They responded to their delinquent youths through the creation
of juvenile courts. This early American juvenile justice system sought to treat children as different
from adults and to rehabilitate wayward youths through the stateâs assumption of a parental role.
Although these rehabilitative goals were never fully realized, the field of American child psychiatry
was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began
by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents
expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal
adult courtsâdue to landmark Supreme Court decisions and also juvenile legislation between 1966
and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s,
juvenile justice became more retributional, and society was forced to confront issues such as capital
punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the
modern juvenile court, child psychiatrists are often asked to participate in the consideration of such
issues because of their expertise in development. In that context we review the role of psychiatrists
in assisting juvenile courts. (HARV REV PSYCHIATRY 2010;18:317â325.)
Keywords: child psychiatry, courts, forensic psychiatry, juveniles
HISTORY OF JUVENILE LAW
Adults have always made the laws that define order and
justice in societies, but such laws have historically varied
in their assignment of criminal culpability to juveniles and
adults. For example, in the eighteenth century under En-
glish common law, children younger than 7 years were con-
From the Division of Psychiatry and the Law, University of Califor-
nia, Davis Campus, Sacramento, CA.
Original manuscript received 19 November 2009; revised
manuscript received 28 May 2010, accepted for publication 28 July
2010.
Correspondence: Matthew F. Soulier, MD, UC Davis, Psychiatry and
Law, 2230 Stockton Blvd., 2nd Fl., Sacramento, CA 95817. Email:
[email protected]
Šc 2010 President and Fellows of Harvard College
DOI: 10.3109/10673229.2010.527518
sidered lacking the cognitive capacity to know and under-
stand the consequences of their actions. Without the crim-
inal intent, or mens rea, such immature children were not
capable of committing a crime. Children between 7 and 14
were similarly presumed to lack this capacity unless the
prosecutor could prove that the child defendants knew and
understood the consequences of their acts. Persons older
than 14 were considered adults, subject to the full weight of
the law and punishment, including death if so determined.1
This ârule of sevensâ was based on developmental consider-
ations and a moral d ...
Juvenile Justice System Essay
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Problem Evaluation Paper 1Problem Evaluation Paper .docxsleeperharwell
Â
Problem Evaluation Paper 1
Problem Evaluation Paper
Alexis Lucca
CJA/355
04/11/2016
Gerald Norris
Problem Evaluation Paper
2
Problem Evaluation Paper
Criminal justice can be said to be the system of governmental institutions and practices
aimed at holding up social control, crime mitigation and deterring, for example giving penalties
to criminals and also rehabilitating them. The career mostly falls in between legal and law
enforcement. Law enforcement is the ones dealing with the criminal behavior causes and societal
response to crime, for example, criminology, and forensic psychology. Policing also falls in this
category. The current issue in the criminal justice field is The Punishment and Criminalization of
young people and children (Martin & Philbin, 1980).
Many children aged 13 and 14 years in the United States who have undergone the
prosecution for adults had continued being sentenced to life imprisonment with no signs of
parole. However, the juveniles continue to being imprisoned despite the fact that their sentence is
unconstitutional hence leading to their death with no review and scrutiny or follow up.
According to (EJI) Equal Justice Initiative undertook in the year 2008, about seventy-three cases
showing that juveniles have died in prison through condemnation followed by minimal review
have been documented. The courts did not consider that the children were young making the
sentences imposed on them mandatory. Most of the children were combined with the crimes
which had been committed by adults and old teenagers leading to the involvement of two-thirds
of children of a younger age (Goodman & Grimming, 2007).
The difference between older teens and young children should then be observed. Below
are then some problems which make this situation to keep on growing. Influence from
dysfunctional backgrounds. This is because of exposure to violence, like mostly most of them
have been subjected to sexual abuse; they have been abandoned or have even been neglected.
Secondly, their parents are drug and dealers, addicts, sex workers and alcoholics. This then
Problem Evaluation Paper
3
makes it clear that these children have been brought up in poor places with lethal violence, where
their parents were not able to afford safety, health and luxuries that every child would require.
It was therefore brought into conclusion by Oklahoma that when a person is a youth,
they are vulnerable to psychological damage and influence, and this has been taken to be more
than a chronological fact. Moreover, the children who have gone through this have some things
in common which disturb them. Protection and treatment from health care providers, police
failure, foster systems, family courts and security agencies of young children. Most of the crimes
committed by these children are mostly.
Running head JUVENILE JUSTICE REFORMS1JUVENILE JUSTICE RE.docxcowinhelen
Â
Running head: JUVENILE JUSTICE REFORMS
1
JUVENILE JUSTICE REFORMS
9
The Juvenile System Reforms
Stephanie Rincon
Professor: Captain W. Michael Koval
Criminal Justice Capstone
February 7, 2018
Introduction
A criminal activity committed by an adult is normally considered as a crime and is punishable by law but when the same crime is committed by a child, it is not considered a crime but a juvenile delinquency. The American juvenile system has been focusing on a rehabilitation model which means that the primary goal entails rehabilitating the offenders as opposed to punishing them (Goswami & Mehra, 2014). However, it is imperative to point out that the United States is slowly shifting from the rehabilitation model and getting utterly tougher on the juveniles. This has seen rising opposition and support in equal measure. Individuals opposing shifting from the rehabilitation model view children or adolescents as persons who needs assistance and hence should not be subjected to destructive punishments. On the other hand, individuals in support of the shift argue that children and adolescents are more likely to commit heinous crimes such as murder when they know they can easily get free after committing a crime. The following section evaluates whether juvenile justice systems should shift from the rehabilitation model as a deterrence to juvenile delinquency.
Discussion
In more than a century ago, a separate juvenile system was established in the U.S. with the aim of diverting young offenders from the destructive punishments in the criminal courts so as to encourage the much needed rehabilitation (Leve & Chamberlain, 2005). This system was to focus on a child as a person in need of assistance. Actually, the proceedings were informal where discretion was left to the judge handling the case. It is imperative to point out that the judge was supposed to act in the best interests of the child but an offender was denied procedural safeguards such as right to a jury, right to an attorney and right to confront an accuser among others (Maschi, Hatcher, Schwalbe & Rosato, 2008). Further, the proceedings were supposed to be confidential so as not to interfere with a childâs ability to reintegrate into the society.
After the establishment of the separate system, there was a rising tension between social welfare and social control. This means that focus on the best interests of the offenders as opposed to focus on punishments and protecting the society from certain offenses. Various occurrences followed such as increasing violent crime in the 1980s which called for reforms in dealing with serious offenses and concern for public safety (Huizinga, Schumann, Ehret & Elliott, 2003). 17 states redefined purpose of the Juvenile courts to emphasize public safety and offender accountability. In the U.S., 51 states and District of Columbia have different juvenile justice systems. In majority of the states, there are legal reforms and policy changes that focus on mor ...
If you are in need of professional writing services for your upcoming Capstone design project; then all you need to do is contact us through our easy to use website. Let us know about your project, what you are looking for and when you need your proposal by. From there we will get to work for you and make sure that you are being matched with the right writer to deliver you the assistance that you are looking for.
You can find more information on our website http://www.capstoneproject.net/
Running Head ANALYSIS1ANALYSIS14Juvenile De.docxhealdkathaleen
Â
Running Head: ANALYSIS 1
ANALYSIS 14
Juvenile Delinquency Analysis
Joshua D. Musick
University of Maryland Global College
PSAD 495
Professor: Barry Titler
November 24, 2019
Introduction
Juvenile delinquency refers to the process of doing criminal acts by juveniles. It is possible for the juveniles to commit serious crimes in the society even though they are still considered children. The way in which the delinquents are dealt with cannot be similar to how adult offenders are treated in the society. The adults who commit offences are considered fully responsible for their behaviors and actions but the delinquents are still legally children (McCord & Conway, 2018). The legal systems in the United States has specific processes that are used to deal with the juveniles, for example, the juvenile detention centers. There are efforts which are there to try and identify the potential delinquents early so that are assisted in a way. The approach that is taken for the delinquents is to guide them towards reforming as opposed to its being a punishment.
It is common for the juveniles to be given suspended sentencing or probation. When the delinquent is unable to meet the conditions under these two conditions then they are under the stricter regimes as per the state standards. There are reform schools in the majority of the states. The hope for the youth in these institutions is for them to be rehabilitated before they become adults so that they can become well behaved adults (Garbarino & Plantz, 2017). The success of the modes of reform is not guaranteed and several of them end up getting into worse habits getting involved in adult crime. The education of the delinquents requires for them to be disciplined under the set laws. Dealing with the problem involves the participation of all stakeholders in public safety as well as support from the parents.
Specifications ad Definition
The definition of a delinquent in the United States is a person who is yet to reach the age of 18 years old which is the age of maturity and one whose behavior has been determined as delinquent by a court of law. The requirements for one to be referred to as delinquent vary from one state to another. The federal government came up with legislation that was meant to unify how the delinquents are handled under the Juvenile Justice and Delinquency Act of 1974. It is this act which came up with the Office of Juvenile Justice and Delinquency Prevention (OJJDP) which is in the Justice Department (McCord & Conway, 2018). The office is the one which administers grants for programs to deal with the delinquency as well as provide statistics on this type of crime. The office also funds research on the crimes of the youth as well as administration of juvenile custody mandates.
There are specific orders that are there and provided under the Juvenile Justice and Delinquency Act of 1974. The first one is deinstitutionalization which means that the young people who are charged with ...
Juveniles Tried as Adults
Juveniles Tried as Adults
Research Thesis Paper
Juveniles Tried as Adults
It found that the compromise between punishment and healing for juvenile offenders is a dilemma that the United States have to face since the inception of its judicial system. After declaring self-rule from Britain, the United States modeled its lawful system after the one well-known United Kingdom. It meant that, in the eyes of the law, little difference was made between children and adults. Kids as could be tried as adults if warranted by their crime. At the end of 18th century, psychologists and sociologists began to recognize the emerging notion of adolescence as a developmentally different era of life. This is the idea of managing adolescent offender outer of the adult court became more widely accepted but keeping in line with the idea that juvenile delinquent requires special care and treatment. In this case, the society had a role to play in the prevention of Juvenile delinquency that opened the first facility for disturbed youth in 1825. New York House of Refuge, on the other hand, was created as an option for juveniles who had committed an illegal act that would have likely earned them time in jail. But in 1899, what came into existence is the development of first juvenile court in the United States came into existence in Cook County, Illinois. The rationale that was behind the forming a separate justice system for youths. Its evident that this was based on the British set of guidelines for parens patriae, which gives a State meaning as a parent. What is provided by Sickmund and Snyder is that the set of instructions was to give an interpretation with a mean because children were not of full legal capacity, the state had the inborn power and accountability to protect children whose natural parents were not providing suitable care or supervision. The court system viewed insufficient parenting as part of the problem with delinquent youth and reasoned that, with proper intervention, troubled juveniles could be put back on the path towards becoming law-abiding, productive members of their communities.
In 1899 United States of America, made legal history when the world's first juvenile court opened in Chicago. The court was founded on two fundamental principles. First, juveniles lack the maturity to take responsibility for their actions the way adults could. Secondly, because, their personality was not yet fully developed, what could be noted is that they could receive proper corrective measures more successfully than adult criminals. More than a century later, these principles remain the benchmarks of juvenile justice in the United States.
A rising number of crimes committed by the kids are being subjected to trial as adults much the way they might have been before the beginning of juvenile courts. This stems from public outra ...
Running head THE RAMAYANA AND SEI SHONAGON .docxagnesdcarey33086
Â
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 youthsâ 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 .
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
An Overview of Juvenile Justice in the United States(HOAFPGe.docxgalerussel59292
Â
An Overview of Juvenile Justice in the United States
(HO/AFP/Getty Images/Newscom)
Learning objectives
AFTER READING THIS CHAPTER, THE STUDENT WILL BE ABLE TO:
¡ Explain the concept of parens patriae.
¡ Differentiate between the types of juvenile offenders, including delinquents and status offenders.
¡ Explain the structure of the juvenile justice system and the roles and functions of various juvenile justice agencies.
¡ Summarize how juvenile offenders are processed through the criminal justice system.
¡ Understand the meaning of the deinstitutionalization of status offenders.
Introduction
The juvenile justice system is unique. This book explains the system and how it has evolved. The organization of this chapter is as follows: First, the juvenile justice system is described. Certain features of juvenile justice are similar in all states. Various professionals work with youth, and they represent both public and private agencies and organizations. From police officers to counselors, professionals endeavor to improve the lives of youth.
Every jurisdiction has its own criteria for determining who juveniles are and whether they are under the jurisdiction of the juvenile court. A majority of states classify juveniles as youth who range in age from 7 to 17 years, and juvenile courts in these states have jurisdiction over these youth. Some states have no minimum-age provisions and consider each case on its own merits, regardless of the age of the juvenile.
Because juveniles are not considered adults and, therefore, fully responsible for some of their actions, special laws have been established that pertain only to them. Thus, violations specific to juveniles are referred to as status offenses. Juveniles who commit such infractions are categorized as status offenders. Juveniles who engage in acts that are categorized as crimes are juvenile delinquents, and their actions are labeled juvenile delinquency. In brief, delinquent acts for youth would be crimes if committed by adults. By contrast, status offenses are not considered crimes if adults engage in them. Examples of status offenses include runaway behavior, truancy, unruly behavior, and curfew violation. The characteristics of youth involved in such behaviors will also be described.
In 1974, the U.S. Congress enacted the Juvenile Justice and Delinquency Prevention Act (JJDPA). This act, although not binding on the states, encouraged all states to remove their status offenders from secure institutionsânamely secure juvenile residential or custodial facilitiesâwhere they were being held. States subsequently removed status offenders from institutions and placed these youth with community, social service, or welfare agencies. This process is called the deinstitutionalization of status offenses (DSO) and will be described in some detail.
Next, a general overview of the juvenile justice system is presented. While later chapters will focus upon each of these components in greater detail, the juven.
PERSPECTIVESJuveniles in CourtMatthew F. Soulier, MD, .docxkarlhennesey
Â
PERSPECTIVES
Juveniles in Court
Matthew F. Soulier, MD, and Charles L. Scott, MD
Nineteenth-century American reformers were concerned about the influence of immaturity and
development in juvenile offenses. They responded to their delinquent youths through the creation
of juvenile courts. This early American juvenile justice system sought to treat children as different
from adults and to rehabilitate wayward youths through the stateâs assumption of a parental role.
Although these rehabilitative goals were never fully realized, the field of American child psychiatry
was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began
by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents
expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal
adult courtsâdue to landmark Supreme Court decisions and also juvenile legislation between 1966
and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s,
juvenile justice became more retributional, and society was forced to confront issues such as capital
punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the
modern juvenile court, child psychiatrists are often asked to participate in the consideration of such
issues because of their expertise in development. In that context we review the role of psychiatrists
in assisting juvenile courts. (HARV REV PSYCHIATRY 2010;18:317â325.)
Keywords: child psychiatry, courts, forensic psychiatry, juveniles
HISTORY OF JUVENILE LAW
Adults have always made the laws that define order and
justice in societies, but such laws have historically varied
in their assignment of criminal culpability to juveniles and
adults. For example, in the eighteenth century under En-
glish common law, children younger than 7 years were con-
From the Division of Psychiatry and the Law, University of Califor-
nia, Davis Campus, Sacramento, CA.
Original manuscript received 19 November 2009; revised
manuscript received 28 May 2010, accepted for publication 28 July
2010.
Correspondence: Matthew F. Soulier, MD, UC Davis, Psychiatry and
Law, 2230 Stockton Blvd., 2nd Fl., Sacramento, CA 95817. Email:
[email protected]
Šc 2010 President and Fellows of Harvard College
DOI: 10.3109/10673229.2010.527518
sidered lacking the cognitive capacity to know and under-
stand the consequences of their actions. Without the crim-
inal intent, or mens rea, such immature children were not
capable of committing a crime. Children between 7 and 14
were similarly presumed to lack this capacity unless the
prosecutor could prove that the child defendants knew and
understood the consequences of their acts. Persons older
than 14 were considered adults, subject to the full weight of
the law and punishment, including death if so determined.1
This ârule of sevensâ was based on developmental consider-
ations and a moral d ...
Juvenile Justice System Essay
The Juvenile Justice System Essay examples
Delinquents And Treatment Models
Juvenile Crime Essay examples
Essay on Juvenile Justice System
Juvenile Justice Essay
Problem Evaluation Paper 1Problem Evaluation Paper .docxsleeperharwell
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Problem Evaluation Paper 1
Problem Evaluation Paper
Alexis Lucca
CJA/355
04/11/2016
Gerald Norris
Problem Evaluation Paper
2
Problem Evaluation Paper
Criminal justice can be said to be the system of governmental institutions and practices
aimed at holding up social control, crime mitigation and deterring, for example giving penalties
to criminals and also rehabilitating them. The career mostly falls in between legal and law
enforcement. Law enforcement is the ones dealing with the criminal behavior causes and societal
response to crime, for example, criminology, and forensic psychology. Policing also falls in this
category. The current issue in the criminal justice field is The Punishment and Criminalization of
young people and children (Martin & Philbin, 1980).
Many children aged 13 and 14 years in the United States who have undergone the
prosecution for adults had continued being sentenced to life imprisonment with no signs of
parole. However, the juveniles continue to being imprisoned despite the fact that their sentence is
unconstitutional hence leading to their death with no review and scrutiny or follow up.
According to (EJI) Equal Justice Initiative undertook in the year 2008, about seventy-three cases
showing that juveniles have died in prison through condemnation followed by minimal review
have been documented. The courts did not consider that the children were young making the
sentences imposed on them mandatory. Most of the children were combined with the crimes
which had been committed by adults and old teenagers leading to the involvement of two-thirds
of children of a younger age (Goodman & Grimming, 2007).
The difference between older teens and young children should then be observed. Below
are then some problems which make this situation to keep on growing. Influence from
dysfunctional backgrounds. This is because of exposure to violence, like mostly most of them
have been subjected to sexual abuse; they have been abandoned or have even been neglected.
Secondly, their parents are drug and dealers, addicts, sex workers and alcoholics. This then
Problem Evaluation Paper
3
makes it clear that these children have been brought up in poor places with lethal violence, where
their parents were not able to afford safety, health and luxuries that every child would require.
It was therefore brought into conclusion by Oklahoma that when a person is a youth,
they are vulnerable to psychological damage and influence, and this has been taken to be more
than a chronological fact. Moreover, the children who have gone through this have some things
in common which disturb them. Protection and treatment from health care providers, police
failure, foster systems, family courts and security agencies of young children. Most of the crimes
committed by these children are mostly.
1. SOC 344: RESEARCH PAPER 1
Juvenile Delinquency in Mexico
The Juvenile Delinquency in Mexico compared to the
United States.
Shayla McCaffery
Winter 2015
2. SOC 344: RESEARCH PAPER 2
SOC:344
Research paper: Juvenile
Delinquency in Mexico
The Juvenile Delinquency in Mexico compared to the
United States.
Abstract:
Juvenile Delinquency in the Mexico and Comparing and contrasting the two judicial
systems. After significant changes in the Mexican Juvenile system there has been many
benefits to the adolescents that do commit crimes and are entered into the system. The
Mexican government began changes in 2005 and later required each Mexican Federation
to establish a Juvenile system that was separate from the Adult Justice system. In both the
United States and in Mexico there is a newer focus on restorative justice for the
adolescents. Offering counseling, education, and additional resources. Many Countries
are using more restorative methods for juvenile defenders due the amount of
traumatization that occurs when a child is institutionalized. In addition, to taking into
consideration of the socialization the adolescent has experience, if the adolescent was
abused, and the conditions in which the adolescent has been raised in. Many of these
cases are solved before a trail in both Mexico and the United States. The effects have
these changes have been successful for both countries.
3. SOC 344: RESEARCH PAPER 3
In the United States the Juvenile Delinquency system is based on rehabilitation of the
youth. According to Siegel and Welschâs Juvenile Delinquency: The core, âToday the legal
status of juvenile delinquent refers to a minor child who has been found to have violated the
penal codeâ (2014). In the United States, Juvenile delinquency is considered between criminal
and civil law and delinquent behavior is treated less critical than adult misbehavior. Children
may become apart of the stateâs authority for committing actions that would be illegal when they
are an adult. These behaviors are known as status offenses. Although, during a hearing of these
offenses may be seen differently than the treatment they will receive. Often times the juvenile
will be diverted to an outside program if they are not a danger to themselves or the community.
Serious offenses can be transferred to adult court. (Siegle, Welsch, 2004). Recently, other
countries have joined the United States in such restoration justice models. Mexico has adopted a
juvenile delinquency system similar to the United States, there are some differences, but they
have very similar principles and goals. Restorative methods in Mexico include, a âwide variety
of measures, including: Counseling, Educational and vocational training programs, other
rehabilitating measures, Warning, Admonition, Prohibition to go to certain places, Prohibition to
drive motor vehicles, Placement in custodial homes, and Confinement in educational
institutionsâ (Children's Rights: Mexico).
A human rights based methods was developed by countries including the United
Kingdom and the United States. According to Punishment V. Restoration: A Comparative
Analysis of Juvenile Delinquency Law in the United States and Mexico, âMexico recently
amended its constitution to require the creation of juvenile justice systems modeled after the
principles of the United Nations Convention on the Rights of the Child. Mexicoâs juvenile
justice codes follow an approach rooted in human rights, victimsâ rights, and adolescent
4. SOC 344: RESEARCH PAPER 4
development research. Within Mexico, the State of Oaxaca has developed a code that
incorporates these human rights principles and sets forth procedures for using restorative justice
conferences as an alternative to the adversarial court system. While Californiaâs juvenile
delinquency laws represent the punitive model popular in the United States, Oaxacaâs approach
exemplifies the restorative model contemplated in Mexicoâs national constitutional reforms. The
distinct approaches of California and Oaxaca highlight some of the major ways in which U.S.
juvenile delinquency law fails to comport with international human rights standards and research
about adolescent developmentâ (Caldwell, 2011). As both Nations have developed their Juvenile
system that have the human rights of the adolescent considered, it is proving in other countries
other than the Mexico are achieving great success using such restorative methods. According to
Juvenile Delinquency: The Core, future of status offense concept is still uncertain. Some believe
that juveniles who commit serious offenses should be trailed as an adult. On the other side, there
have been a great movement for restorative justice with community based treatment programs,
not official agencies. (Siegel, Welsch. 2011). Mexicoâs Juvenile system deals with adolescent
offenders that commit lesser crimes in manners that avoid institutionalization, for some this is
not as beneficial due to poverty, or mental illnesses.
There have been many changes to the Mexican juvenile system. Since 2005, there have
been many changes made to the Mexican constitution. The reforms are giving individuals more
rights and allowing offenders more right, similar to rights given to all people in the United
States. For instance, separating the juvenile system from the adult system, and giving offenders
the right to an oral trial (Caldwell, 2011). According to Juvenile Justice in Mexico, juveniles are
considered children from âtwelve to eighteen that have committed a crime punished under
criminal lawâ (Arnenta, Martinez. 2014). In addition, in 2008, along with the right to an oral
5. SOC 344: RESEARCH PAPER 5
trial, âthe 2008 reforms grant the accused fundamental due process rights, including the
presumption of innocence, the right to competent counsel, the right to testify or to remain silent,
and the right to a speedy trial. In addition, the reforms limited pre- trial detention, required the
physical presence of a judge during hearings, and made confessions obtained by torture
inadmissible in court. These due process reforms, including the right to oral trials, extend to
juveniles in delinquency proceedings and have informed the design of individual Mexican stateâs
juvenile justice laws and procedures. Mexicoâs 2005 juvenile justice reforms were greatly
influenced by the United Nationsâ Convention on the Rights of the Child (CRC) and accordingly
prioritize due process rights and procedures that take into account adolescentsâ diminished
capacity due to their ageâ (Caldwell, 2011). The the new system is supposed to be fully
implemented by 2016 (Caldwell, 2011).
Since the reforms have began, juvenile offenders in Mexico have earned due process
rights, like having an actual trial in the courts, there is also now consideration into the offenders
history and background. For instance, a child who was neglected or abused needs to receive a
different trial, also if the child was forced to do the crime is also now taken into consideration.
Those who commit more serious crimes before 2005, where tried as an adult. As previously
stated, due to the studies of the biological state of juveniles it is better suited to be treated
differently than adults. In 2006, each Mexican federation implemented âLaw of Justice for
adolescentsâ requiring that the âinstitutionalization of minors was to be considered an extreme
measure applicable only to felonies and to juveniles older than fourteenââŚâTwo objectives were
paramount: juveniles should be separated from adults so as not to be negatively influenced by
them, and should be treated differently from adultsâ (Arnenta, Martinez. 2014). These changes
have been long overdue, but are very important for the youth of Mexico.
6. SOC 344: RESEARCH PAPER 6
Well before the reforms that began in 2005, âThe first tribunal in Mexico was established
in the central state of San Luis Potosi in 1926. However, the subsequent legal developments in
the area of juvenile justice occurred mainly in Mexico City. Those first courts adopted the model
of the Chicago Court and of the Paternal Judge of New York âAfter the first national conference
for juvenile offenders in 1973, a new theory for treatment emerged and the law was changed
once more. In 1974, the law creating the Juvenile Tutelary Council in Federal Territories and the
Federal District was passed. This law included new concepts, objectives and procedures,
returned to preventive, protectionist, corrective and non-punitive treatment⌠Accordingly, in
this law there is no criminal responsibility, because due their age, juveniles (under 18 years old)
do not have the capacity to understand criminal lawâ (Arnenta, Martinez. 2014). These laws did
not give any due process rights, making the juvenileâs responsibility a matter of the state. The
state is than involved in their education, orientation, and treatment. The parents were seen as
failing to educate their children.
The institutionalization these juveniles received was considered treatment at the time.
The treatment was different than an adults and considered to be an education opportunity, since
they believed the education did not occur properly with their parents. It was also considered that
the state was protecting them. According to Arnenta and Martinez, âUnited Nations beholden to
the states to recognize that imprisonment is punishment and it was necessary to provide
procedural rights to juvenile delinquentsâ For this purpose, a new law was enacted in 1991: The
âJuvenile Treatment Law for the Federal Districtâ. It regulates state level crimes for the Federal
District and federal crimes for the rest of the republic. The objective of this law is established in
its first statute: â...[It] Rules the function of the State in protecting juvenile rights as well as in
the social adjustment of those whose conduct is typified within the federal laws and in those of
7. SOC 344: RESEARCH PAPER 7
the federal District lawâ. âThis is an administrative court, since all the officials that constitute the
juvenile council are administrative authorities (non-judiciary). The structure of the tribunal
changed significantly from the previous. A president, a single counselor (in Mexico this is called
Unitarian), a superior court (appeal body), an interdisciplinary committee (which issues the
diagnosis), and a juvenile defense unit formed this tribunal. Unlike the former tribunals, a
Unitarian counselor makes the resolutions during the processâ (2014). There have been many
changes to the juvenile system in Mexico, including the shape and laws of the juvenile court
system.
Since reforms the Mexican Juvenile system has granted their people the right to not be
sentence or prosecuted until evidence from both sides have been presents. Before the reform,
these convicted offenders did not have a right to an oral trail, trailed as an adult, and the over all
goal was education, through institutionalization. Today, they take into account what is in the best
interest for the child. According to Juvenile Justice in Mexico, when considering the best interest
of the child there are five things considered. First, the opinion of the child, the balance between
the right and obligations of the child, the balance between the requirements of the common good,
the rights and guarantee or a child. In addition, the balance between the rights of the person and
the rights of the child. Lastly, the specific condition of the child as a developing person (Arnenta,
Martinez. 2014). These factors allow more of a restorative justice approach and more ability to
help rehabilitate young offenders. The United States has made many efforts to improving the
restorative justice and it is proving to benefit the juvenile offenders. According to the efforts
done at Pima County Juvenile justice system, there efforts to increase resources and lower the
number of institutionalized, the less youth are not traumatized and the less repeat offenders. The
efforts of restoration are to improve the lives of the juveniles and try and give them the
8. SOC 344: RESEARCH PAPER 8
resources, while considering the biological and mental state of the teens (Pima County Juvenile
Court, 2013,
Watch now: AZ Illustrated, 2014).
When assessing a juvenile offender, it is important to consider where the child was
raised and what there socialization experiences have been. For instance, those who are abused or
neglected. Nothing makes their actions right, but there may be better ways of assisting the
rehabilitation of the children. Another example, those who are raised in gang affiliation or in
areas of such. Juveniles in both the United States and Mexico today, are having increasingly high
run ins with the juvenile justice system. According to Nathan Jonesâ journal Understanding and
Addressing Youth âGangsâ in Mexico , â In a recent report, the Organization of American States
âeclecticallyâ defines youth gangs as: ...a spontaneous effort by children and young people to
create, where it does not exist, an urban space in society that is adapted to their needs, where
they can exercise the rights that their families, government, and communities do not offer them.
Arising out of extreme poverty, exclusion, and a lack of opportunities, gangs try to gain their
rights and meet their needs by organizing themselves without supervision and developing their
own rules, and by securing for themselves a territory and a set of symbols that gives meaning to
their membership in the group. This endeavor to exercise their citizenship is, in many cases, a
violation of their own and othersâ rights, and frequently generates violence and crime in a vicious
circle that perpetuates their original exclusion. This is why they cannot reverse the situation that
they were born into. Since it is primarily a male phenomenon, female gang members suffer more
intensively from gender discrimination and the inequalities inherent in the dominant cultureâ
(Jones, 2013). Culture has forever impacting influences on the adolescents. Shaping the views,
9. SOC 344: RESEARCH PAPER 9
behaviors, beliefs, and habits of the children. According to Jones the United States definition is
looked at in a human-rights perspective, verse strictly a protection perspective.
Jones also states, it is important to consider the difference between adolescent gangs and
organized crime, yes they can over lap, but the need for social acceptance and a adolescents
experience should be considered. When comparing the United States juveniles to Mexicoâs
similar attributes, âAmong those characteristics identified by the literature and interviews are:
aged 12-24, unemployment, lack of education, a family member who is a gang member,
âaggressive or violent... experience multiple caretaker transitions... associate with other gang-
involved youth,â come from single parent homes, suffer abuse in homes, drug consumption,
traumas and living in poor urban environs with a lack of public services and utilities especially
when a large proportion of the population is in poverty. For example, in some cases, Mexican
citizens in rural areas do not have birth certificates due to the cost of traveling to attain one or
other barriers created by weak state capacity and poverty; making it impossible for some to enter
the formal economyâ (Jones, 2013). It is important for any juvenile system to consider these
adolescents different than those involved in organized crime, most adolescents often commit Part
II offenses and can rehabilitate the juvenile the best possible way from the juvenile and the
community. (Siegel, Welsch. 2011).
According to Punishment V. Restoration: A Comparative Analysis of Juvenile
Delinquency Law in the United States. and Mexico, âMexicoâs criminal justice reforms aim to
resolve the majority of the countryâs criminal cases through alternative dispute resolution
methods. Restorative justice conferences are one form of alternative dispute resolution that has
been successful in responding to juvenile crime in other countries. New Zealandâs juvenile
justice system, for example, resolves ninety-five percent of its juvenile delinquency cases
10. SOC 344: RESEARCH PAPER 10
through family group conferences, which typically bring together an offender, the victim, family
members of both parties, justice system professionals (such as police officers, social workers,
and probation officers), and other interested community members. These conferences aim to
respond to the needs of both victims and offenders in order to promote healing and prevent future
criminalityâ (Caldwell, 2011). Courts in California are having great success with similar
methods. More will follow, based on âInternational human rights standards and social science
research regarding effective juvenile delinquency interventions favor the more restorative
approach taken by Oaxacaâs legal code (Californiaâs system). There are some indications that the
direction of American juvenile justice policy may be shifting. Recent U.S. Supreme Court cases
such as Roper and Graham, have limited the types of punishments that can be imposed on
juvenile offenders.205 Oaxacaâs code provides a model of a juvenile delinquency code that
incorporates developmental research regarding adolescents and international human rights
principles that the United States, and individual states, should consider in order to craft a more
just and developmentally appropriate framework for responding to youth crimeâ (Caldwell,
2011). According to the research that is being conducted on these matters it is proving that a
restorative method is becoming more effective.
Based on the definitions listed in Joneâs article, both the United States and Mexico have
similar profiles of children that commit crime. Most coming from poverty, inadequate education,
poor housing, and other social problems. The Mexican government has made significant changes
to the Juvenile justice system and is adapting and developing a system similar to the United
States; by giving offenders rights, considering the biological condition of the adolescent,
considering their socialization, while also granting access to resources, and rehabilitation. The
restorative justice method is working effectively in Mexico and in the United States, but there is
11. SOC 344: RESEARCH PAPER 11
room for improvement to continue lowering the number of adolescents that before repeat
offenders. The restorative justice method, does not reach all juveniles that at at high risk for
being repeat or serial offenders.
References:
Armenta, M., & MartĂnez, L. (2014). Juvenile Justice in Mexico. Laws, 3, 580â597-580â597.
Caldwell, B. (2011). PUNISHMENT V. RESTORATION: A COMPARATIVE ANALYSIS OF
JUVENILE DELINQUENCY LAW IN THE UNITED STATES AND MEXICO, 20:105, 105-
112.
Children's Rights: Mexico. (n.d.). Retrieved January 30, 2015, from
http://www.loc.gov/law/help/child-rights/mexico.php#Juvenile Justice
Jones, N. (2013, August 1). Understanding and Addressing Youth in "Gangs" in Mexico.
Retrieved January 30, 2015, from
https://justiceinmexico.files.wordpress.com/2013/08/jones_youth_gangs.pdf
12. SOC 344: RESEARCH PAPER 12
Program prepares kids for the working world. (2014, January 1). Retrieved January 30, 2015,
from http://www.pcjcc.pima.gov/Documents/community bulletin files/August2013.pdf
Siegel, L., & Welsh, B. (2011). Juvenile delinquency: The core (4th ed.). Belmont, CA:
Wadsworth/Cengage Learning.
Watch now: AZ Illustrated | May 28, 2014 | PBS Video. (2014, May 28). Retrieved January 30,
2015, from http://video.pbs.org/video/2365256105/