Premium Essay

Juvenile Justice System in the New Era

In:

Submitted By ritspranav
Words 10255
Pages 42
JUVENILE JUSTICE SYSTEM IN THE NEW ERA

S.No | Description | Page No. | 1. | Introduction | 3 | 2. | Historical background | 4 | 3. | Evolution of juvenile justice system I. Several unique feature characterized in early juvenile court II. English idea of providing separate system for juvenile offender III. The Reformatory schools | 5 | 4. | International concern I. Relevant Article from UN convention II. Movement of Juvenile justice in India | 7 | 5. | Indian legal Provision I. Constitution provision II. Penal provision III. Juvenile justices provision a. Reformatory school Act-1876 b. Children Act-1960 c. Juvenile justice Act-1986 IV. Juvenile justice(Protection and Care) Act-2000 | 10 | 6. | An Analysis I. Who is a juvenile in conflict with law II. Age of criminal responsibility and determination of juvenility III. Present conflict about the age | 14 | 7. | Indian Reformatory approach I. The Child Welfare Committee(CWC) II. The juvenile justices board III. Police IV. Probation Officer V. State government | 16 | 8. | At present- Extent of delinquency in India-NCRB Report | 18 | 9. | Root causation of increasing number of juvenile | 23 | 10. | Role of the society | 26 | 11. | Judicial efforts | 27 | 12. | Recommendation | 28 | 13. | Conclusion | 30 |

Introduction

42% of our population is children; the problem of juvenile delinquency is not new but this seek our attention recently very much because of that brutal incident which occur in Delhi. But that is not a only incident of its types many of such happen after that one and many unfortunate incident we have seen before that but no doubt it was an eye opening incident. As far as I think the most heinous crimes among the all, which happen by the society or against the society is crimes against the children and crimes by the children. My

Similar Documents

Premium Essay

Juvenile Justice System Analysis

...The juvenile justice system has its roots in the adult system, but it is more structured and has more of clear purpose than the adult justice system. The juvenile justice system consists of government agencies with a distinctive role to investigate, supervise, and adjudicate youthful offenders. Prior to the modern era, children who committed crimes in the Western world received no special treatment of their youth. They were adjudicated and punished alongside adults, which many children as young as six being hung or burned. Early philosophy in dealing with juveniles derived from a Roman principle called Patria Potestas. In the Roman law, children were members of their family, but the father has complete control over them and they in turn had the responsibility to obey his wishes. The Roman’s understanding of the social role of children strongly persuaded the English culture and eventually led to the growth of the legal principle of “parens patriae” in Western law (Siegel, Schmalleger, & Worrall, 2015). The King was allowed to take the place of parents in dealing with children who broke the law. By the end of the eighteenth century,...

Words: 551 - Pages: 3

Premium Essay

Soc 331 Week 5 Final Paper

...Page 1 Child Protection Services (CPS) and How Juveniles Are Affected Jessie Hurt SOC-331 Social Justice & Ethics Instructor Jen Brockel January 14th, 2013 CPS - Hurt Page 2 “Nearly five children die every day in America from abuse and neglect, and in 2010, an estimated 1,560 children died from abuse and neglect in the United States.” (Alliance, 2012) Children who are being abused and taken from their families, put into foster care systems and/or even adopted out to other families, these children are far more likely to turn to the streets and drugs as a result of their circumstances. Although Child Protection Services (CPS) has changed from the early 1800’s one problem still remains in effect and that is trying to prevent juvenile delinquency through this service, because numerous mistreated children make the jump from innocence to delinquency and find themselves in the juvenile justice system, other systems of care, or in extreme cases they find themselves in adult criminal court. “As child abuse and/ or neglect increases the risk of arrest as a juvenile by 55% and the risk of committing a violent crime by 96%.” (Bilchik & Nash, Fall 2008) Child Protection Services (CPS) history in America is divided into 3 eras. The first era was from colonial times until 1875 and was known as being the “era before organized protection” (Myers, 2008) and the second era from 1875 to 1962 was witness to the foundation...

Words: 2596 - Pages: 11

Premium Essay

Juvenile Justice System In America

...The history of the juvenile justice system in America was identical to the adult justice system when it came to incarceration of youth. The only difference during the 16th and later part of the 18th century was that juveniles faced situations where they could be incarcerated for violations that adults would not be subject to merely due to age. Children were incarcerated with adults in general population for violations that did not meet the definitions of criminal behavior. The justice system just did not know what to do with juveniles at the time (Center on Juvenile and Criminal Justice, n.d., p. 1). As the justice system moved into the late part of the 18th century the child saver movement was formed. During this time parents were over worked and poverty levels were at an all-time high. America formed programs to save children from extreme laborious jobs, assist with poverty issues, and provide better educational opportunities for disadvantaged children. The most notable act of the child saver movement was it kicked off juvenile justice reform ("Juvenile Justice - Reformers," n.d., p. 1). America was wake and aware children were getting lost and abused within the current adult justice system....

Words: 479 - Pages: 2

Premium Essay

Philosophy

...Evolution of the Juvenile System This paper takes a brief look at the history and evolution of the juvenile justice system in the United States.   In recent years there has been an increase of juvenile cases being transferred into the adult court system.   This paper will also look at that process and the consequences of that trend. In the early nineteenth century juveniles were treated the same as adults when it came to the legal system.   We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the nineteenth century, delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders” (Siegel & Welsh, 2011).   Three key things that helped to develop a separate system for juveniles were the child-saving movement, the concept of parens patria, and the creation of institutions created specifically for the care of juveniles. The ‘child-savers’ movement began in New York in the early 1800’s.   These early groups were concerned mainly with the moral education of children.   They felt that private groups and families were not doing enough to properly educate young people and wanted more control to be given to the government.   These groups were formed by prominent members of the community who could influence law makers.   “Child-saving organizations influenced state legislatures to enact laws giving courts the power to...

Words: 840 - Pages: 4

Premium Essay

The Challenges and Effective Methods of Investigating Juvenile Offenders and Delinquents

...Investigating Juvenile Offenders and Delinquents CRJ 105 August 24, 2014 The Challenges and Effective Methods of Investigating Juvenile Offenders and Delinquents Criminal behavior in juvenile offenders has plagued justice from the beginning. Hagans book Introduction to Criminology discusses the relationship between age and crime in detail. I’ve always been interested in the real effects of a juvenile arrest record and how it will follow them for life. The book also states that “arrest data shows that the intensity of criminal behavior slackens after the teens”. So how are these young adults treated and tracked through the system? There have been many important movements and legislation though history towards the shaping and treatment of juvenile offenders and delinquents. The Juvenile Justice System today is by no means perfect, but it is far greater than what was initially in place. During these times, anyone under the age of seventeen who committed a crime was placed in the same judicial system as adults. As social views began to change, many started to see juvenile offenders as youths who had simply lost their way, rather than hardened criminals. The first large movement involved with removing juveniles from the adults took place with the Houses of refuge. In the early 1800’s reformers became concerned about the overcrowded conditions in the jails and the corruption youth experienced when confined with adult felons. The first House of Refuge opened in New York in 1825...

Words: 1786 - Pages: 8

Free Essay

The United States Dual Court System and Its Historical Developments

...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...

Words: 864 - Pages: 4

Premium Essay

History of Juvenile Correction Philosophies and Facilities

...Name Teacher Juvenile Justice 113 I1 Date History of Juvenile Correction Philosophies and Facilities To talk of the history of juvenile correction philosophies and different juvenile correction facilities, one should understand a brief juvenile justice history to bring us to a point where a correction philosophy or correction facility would be needed. Dealing with juveniles in criminal matters can be traced back as far as the beginning of time. However, early Europe in the fifth century A.D. is where we will start. What is considered a juvenile??? At this time in history the age was fixed at seven for determining whether youths would be exempted from criminal responsibility. With the onset of puberty, at the age of twelve for girls and fourteen for boys, youths were held totally responsibility for their socially unacceptable behaviors. English juvenile justice had some 160 to 200 capital offenses statutes listed for which children could be executed. In London in 1785 eighteen of twenty juveniles were executed. Executions of juveniles continued into the 1800s. (Bartollas, Miller, 2014, p. 4) Here in the United States during the colonial period juvenile justice was shaped by the culture and religious ideas of the Puritans. The family was expected to control their children and when juveniles were caught breaking laws they were sent back to their families for punishment. Of course the older the child got the greater the chances the juveniles would be dealt with by colonial...

Words: 1475 - Pages: 6

Premium Essay

Future of the Juvenile Justice System

...Future of the Juvenile Justice System The future of the juvenile justice system is uncertain. There is a struggle to try a find a way to serve the needs of the juvenile delinquents and issue them a punishment for violating the law. In order to improve the direction of the juvenile justice system, recommendations are needed regarding community involvement, law enforcement, courts, corrections, and the private sector. These recommendations address issues that the system is currently facing and offers solutions for the future. A justification of the system is also offered based on the histories, trends and causation theories. Community Involvement Community involvement is an important aspect of the juvenile justice system. Police form communities ties through their involvement and contact with those in the community. Juvenile attitudes and perceptions of police are based on several issues. Weakened community ties, fear of crime, and higher levels of strain contribute and create negative juvenile attitudes towards law enforcement. Individuals that do not have contact with the police tend to have the highest perception of law enforcement. In an analysis of juvenile attitudes, it was found that juveniles that had contact with police through prevention programs had similar attitudes towards the police as those that had no contact with law enforcement (Brick, Taylor, & Esbensen, 2009, p. 493). Adjudicated youth with disabilities transitioning back into the community are also...

Words: 1280 - Pages: 6

Premium Essay

Development of Corrections

...of Independence which broke out in 1775 stopped this. After this men and women were sent to new penal colonies in Australia. During the course of the years roughly 160,000 people were sent including both men and women of all different ages some as young as nine years old. Despite evidence of concerns about juvenile crime, several of historians have debated that the late eighteenth and early nineteenth century was a pivotal era of change in the treatment that juvenile criminals received. Accordingly, a traditional approach to the history of crime has debated that during the nineteenth century there was what some would call and “invention” of juvenile crime, and that the foundations were created for the juvenile justice system not only for the nineteenth century but also for our modern system. Several key features that were enshrined in this system were the axiomatic tension between systems of punishment and reformation, as well as the seperation of juveniles and adults on all stages of the criminal justice system which was effectively the removal of the child from what were believed as debilitating domestic environments. Traditional histories show that it was no coincidence that these developments occurred during the same time as changes to the poor law system, change in the work place, and changes in the policing of society. The factory acts, the metropolitan police act, and the new poor law in the first half of the century were some examples of this. Prison Labor helps...

Words: 425 - Pages: 2

Premium Essay

History of Juvenile Justice System

...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...

Words: 3409 - Pages: 14

Free Essay

Juvenile Re-Entry

...head: Juvenile Reentry             Juvenile Reentry Making an Effective Transition Jodi Calvert Capella University PSF 5372 – History of the Juvenile Criminal Justice System Abstract This paper explores the transformation of the Juvenile Justice System over the past century and how it impacts today’s youth. Juvenile delinquency has become a well-known phenomenon as youth have taken experimentation and violence to a new level. More adolescents are being diagnosed with medical disorders while many find themselves not having the means to access the proper treatment. Family and moral standards are not as they were a century ago and the economic strain of today can make it difficult for children to develop the necessary skills to transition through their developmental stages. Chaos, confusion and loss of identity play a significant role in many of the adolescents that find themselves in contact with the Juvenile Justice System. New interventions for these adolescents are greatly needed to improve not only their own well being, but to create a prosperous community. Juvenile Reentry Juveniles are released from institutions across the country everyday, but many do not have the knowledge required to make permanent changes for themselves, their families, and their communities. The first Juvenile Court in the United States was established in Cook County, Illinois in 1899 and within 25 years all but two states had established separate juvenile justice systems. The...

Words: 4250 - Pages: 17

Premium Essay

Juvenile Crime Paper Final

...Juvenile Crime Paper Rochelle Gordon CJS/200 December 1, 2012 Dave Ross Juvenile Crime Paper In the juvenile justice system believes in giving a juvenile a second chance, and protects their privacy. They also want to make sure they receive treatment and support services rather than just punishment. The juvenile system focuses more on their needs, and those goals are met with treatment and rehabilitation so they won’t become repeat offenders. After a juvenile completes their program their records can be sealed or destroyed once they reach 18. The juvenile system status in question is to determine delinquency, whether an act of was violated or not. The system also wants to make sure the best interest of the child is taken into consideration, regardless if they are guilty or innocent. For the most part when a child is in custody and pending the hearing, they may be released into the custody of a parent or guardian. Juveniles have closed hearings instead of a trial. The right to a jury does not exist. A juvenile is not arrested; they are taken into custody from an order by the judge or complaint. Usually juveniles are only incarcerated with other youth offenders and in juvenile facilities. In the adult court system the status question for adults is to determine guilt or innocence. The goal for adult proceedings is to determine offender’s guilt or innocence. Pending a trial, an adult can be released through bail, or on their own recognizance. Adult trials are...

Words: 1531 - Pages: 7

Premium Essay

Eng215

...responsibility for their actions. It is unfair, not only to adults, but also to society, to be punished for having minors commit crimes and get away with it. If child want to start acting like adults, they should be treated as one. This paper will discuss the fact that minors who commit crimes should be punished the same way as adults. We see on the news how often minors who have committed horrible crimes are given leniency because of their age. The action of the minors today will affect our future, and if our society, schools, courts, justice system allow anyone, no matter of the age to get away with criminal activity, then the same crimes will be repeated over and over again. There are different crimes, a different people and different intention for committing crimes. Minors needed to be protected by laws, changes, and sentenced accordingly, but, also they need to be punished by the same reasons. Before the Progressive Era, kids who committed a crimes were imprisoned as adults. That is how is been made the historical model. In 18th and 19th centuries, according to (History of America's Juvenile Justice System), after series of political and social reforms, and research of psychologist, began a change in society’s note for the seriousness of the problems with child offenders. The people...

Words: 1621 - Pages: 7

Premium Essay

Term Paper

...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...

Words: 23351 - Pages: 94

Premium Essay

Mid Term Paper

...Juvenile sentencing guidelines are designed to establish a process through which juvenile offenders have the opportunity to access a variety of resources to allow for rehabilitation and being let back into the community as a law abiding citizens.Up until the mid-point of the 20th century, the sentences imposed on juveniles in the court system were similar to those just like adults convicted of crimes. Sentences given to juveniles emphasized punishment over rehabilitation during this time period. Ultimately, juvenile sentencing changed from punishment to rehabilitation, something that continues to this day. This is an introduction to Juvenile Justice in America. Since the 1990s, youth crime rates have gone up . These falling crime rates have led many jurisdictions to rethink the juvenile justice practices that happen in the 1980s and 1990s. Today, states are using major reforms designed to reduce institutional confinement, closed old 19th century era reform schools, and expand community-based interventions.In the late 18th and early 19th century, courts punished and confined youth in jails and penitentiaries. Since few other options existed, youth of all ages and genders where often confined with hardened adult criminals and the mentally ill in large overcrowded institutions. At the same time, American cities were dealing with high rates of child poverty and neglect putting pressure on city leaders to find a solution to this growing social issue. In response, reformers Thomas...

Words: 3182 - Pages: 13