...subjected to violence in popular songs, television shows, and even computer games. Parents’ having guns accessible to children and the society the child lives in all play a part in the destruction of our youth. Juvenile offenders are now facing tougher punishment for their actions. When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his or her actions? These are the questions plaguing the American legal system today, as the violent acts of juvenile offenders continue to make headlines. The Juvenile correction system is about one hundred years old. It was created in the 1800s on the philosophy that children are inherently different from adults and it is the state’s responsibility to protect and rehabilitate young offenders. Until the inception of the youth justice system, children were tried in criminal courts along with adults. Movement for juvenile justice reform was informed by the 16th century educational reform movement in England that perceived children to be different than miniature adults, with less than fully developed moral and cognitive capacities. As early as 1825, the Society for the Prevention of Juvenile Delinquency and other reform organizations were advocating for a separate court system for youth. In 1899, the first juvenile court was finally established in Cook County, Illinois, and by 1925, all but two states had followed suit. Again, borrowing from the British thinking, the doctrine parens...
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...Treatment versus Punishment - That is the Question! CRJ301: Juvenile Justice (BLI1518A) Treatment versus Punishment - That is the Question! For someone who committed a serious crime, prison may be a revelation, but for our youth that commit such crimes, the results could be daunting, even detrimental to the development of the youth. In most instances, the youth does not even realize the consequences to their actions. The juvenile justice system began with the concept parens patriae, meaning when a parent is no longer fit to provide for the welfare of a child, the state must step in and embody that role and provide protection for the wayward or troubled child” (St. Mary’s Law Journal, 2013). The juvenile justice system’s core concept is rehabilitation or change of our youth to the right path. The goal of punishment is not one of revenge, but prevention that the crime will not happen again. Putting our youth in adult prisons, making them face the penalties of such crimes, but if we do this, are we just giving up on our youth, believing that they cannot be rehabilitated? We, the people, need protection for the child that does not know better than to join a gang, the troubled child that comes from a broken home, where both parents are absent or abusive. The people of this community need to make a change for these children so that they will have an opportunity to live a morally healthy life instead of a life of crime. Many questions come up with regard to prosecuting...
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...The Age and Time for the Crime in Juvenile Justice Natasha Yancey Strayer University March 16, 2014 The Age and Time for the Crime The adult criminal system is designed for the prosecution of adults not children. Both state and federal legislative have responded to juvenile crime by focusing on sending more and younger children to adult criminal court. How and where do we draw the line between adults and children? Where do we draw the line between justice and malice? Juveniles that commit crimes should be punished for the crimes that they commit, but they should not be tried as an adult. This paper will offer information on why there needs to be changes in the juvenile justice system, and it will analyze why the increased prosecution of juveniles in adult court is disastrous and nothing but a threatening policy. This policy is unjust, harmful to children and does nothing to increase public safety; consequently punishing adolescents as adults does more harm than good. Thomas J Bernard a professor of criminal justice and sociology at Pennsylvania State University explained how psychologists and sociologists saw young offenders. Bernard’s (2010) book The Cycle of Juvenile Justice recognized that minors are children and not adults. (p. 45) Bernard (2010) further explains that during the 18th century children were tried as adults. Juveniles as young as the age of seven could be tried and sentenced in criminal courts. (Bernard 2010) His research expounds on the Society...
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...Capital Punishment Is No Resolution For Juvenile Offenders Juvenile Delinquents Should Not Have To Worry About Capital Punishment Tkemia S. Gibson 1000 Huntington Mews. Clementon, New Jersey 08021 Juvenile Delinquency Capital Punishment 2 Introduction/Abstract….. page 3 Judicial System…… page 5 Juvenile versus Adults…… page 6 Rehabilitation……. page 8 Conclusion……. page 9 Reference page… page 11 Capital Punishment 3 Introduction/Abstract In today’s society our judicial system has been trying to use rehabilitation, treatment services, and reformation to aide our youth in place of Capital Punishment. Capital Punishment was done away with on March 1, 2005. When dealing with medical research and therapist teams the process has become more opened to helping juveniles to overcome any negative behaviors in the legal system. Capital Punishment 4 Capital Punishment over the years has always been one of the most controversial topics that stay in communication with our legal system. In committing murder as a child, it is hard not to become judgmental in thinking that a child knows right from wrong. When thinking of a teenage child committing murder at times you may think do they really realize what they have just done and do they even know the consequences. My position is juveniles who commit the act of murder should not have to suffer the resolution of capital punishment because they are still children and their brains are not...
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...the way sentence is carried out. Namely, punishment as in the adult system must be avoided and continued to be replaced by rehabilitation. In recent years, there has been intensive debate about whether the juvenile justice system should focus its limited resources on rehabilitation or punishment to curtail the rising statistics in juvenile delinquency. It is my belief that the juvenile justice system should primarily focus on the process of juvenile rehabilitation as opposed to strictly punishment. This paper will include an assessment of law enforcement, court processes, probation corrections, and community services as well as the intervention programs currently available to increase the incidents of juvenile delinquency. In this paper the subject to examine is both sides of the spectrum and try to show that the process of rehabilitation, rather than just straight punishment will provide a more effective solution to the problem of juvenile delinquency. I will be examining some of the arguments that oppose the views of rehabilitation over punishment and attempt to prove that the arguments for punishment are not as valid as those for rehabilitation. This paper will also provide evidence to support the claims that rehabilitation is a more effective way to resolve some of the issues which that are apparent in the juvenile justice system. Juveniles who complete rehabilitation instead of being punished for their crimes...
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...The juvenile justice system and parents across America struggle on a day-to-day basis with their children and substance abuse. It is stated that four out of every five children arrested within the system are under the influence of a substance (alcohol or drugs) when committing the crimes that forced them to be detained and arrested (Alcoholism.about.com, 2010). It is reported within the textbook that seventy-three percent of high school seniors had used alcohol within the past year, which makes the possibility of teenagers entering the juvenile justice system even higher (Siegel & Welsh, 2009). It is also believed that we as a society, does not provide the adequate support to those youth that are using controlled substances; which could in turn result in a more positive outcome, versus a decline in their behavior from initial arrest (Alcholism.about.com, 2010). This is a very true statement because in 2009, the SAMSHA reported that 374,000 citizens were treated for substance abuse between the ages of eighteen to twenty-four; that does not include the amount of individuals who did not seek help and those that were even younger. It also does not tell the story about how many of those individuals started using controlled substances at an earlier age as a juvenile (Substance Abuse and Mental Health Services Administration, n.d.). According to Joseph Califano, Jr., we are writing of the younger Americans by releasing them back into society without attending to their substance...
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...Social Justice versus Criminal Justice Appalachian State University Social Justice versus Criminal Justice In this paper I will discuss how different aspects, policies, and procedures of the United States criminal justice system are inconsistent with the principles of social justice posited by John Rawls and David Miller. The criminal justice system does not promote socially just outcomes or practices. First of all, the criminal justice system is not really a system at all; it is a network. Second, criminal justice places greater emphasis on crime control, rather than due process rights. Our system encourages punishment rather than rehabilitation. Finally, criminal justice policies such as the death penalty and the war on drugs reflect prejudices within the system, resulting in unequal treatment. Before beginning to explain these flaws within criminal justice, I will first define social justice and explain the essential social justice principles suggested in Rawls and Miller’s theories. Social Justice Justice is based on two supposedly equal conceptions. First, guilty offenders are held accountable for their actions and second, that criminal justice processes are implemented fairly, without being affected by personal bias. In order for justice to occur, a balance must be achieved between the crime victim and the offender’s acts. This is usually attempted through retribution, or trying to rectify an offender’s wrongdoing through punishment (Robinson, 2005)...
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...it feel if our children were being treated like adults in the criminal justice system; getting sentenced for life without parole, or maybe have your child sentenced to death as a teenager. Well thanks to our juvenile justice system they discipline adolescent different than adult, the system is design to solely handle children’s matters. The juvenile court system is a dedicated court, for an adolescent which is intended to encourage rehabilitation for youth in a structure of procedural due process whereas the criminal justice system is designed to punish adults who choose not to obey the laws. It has concern for acting in the best interest of the child and the greatest interest of public safety. A juvenile court judge has to be elected or appointed to be in charge of juvenile cases and his or her decision can only be reviewed by another judge but from a higher court. Some of his duties might consist of making a decision if the juvenile should stay in detention prior to trail or release them to their parents; also the judge handles all waiver proceedings meaning if the crime committed is that serious where the judge thinks the juvenile should be treated like an adult, then he can give them a waiver into the adult justice system. As for the juvenile court process a number of decisive decisions are completed at this phase of the juvenile justice system, one is to decide if the youth should be detained or released back to the community, or decide if the youth needs a waiver...
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...Juvenile Justice: A Lost Child in a Failed System I remember one day when I was a child, I was about four years old and my sister was about 10 years old. We were on vacation with our parents in a beautiful resort. Our room was on the 15th floor of the Sea Coast Towers. Before I continue the story I have to make clear, my sister and have always been very close; we were inseparable. Until we read about Christian Fernandez, this story used to be a family joke. I had fallen asleep and my parents were going to take that opportunity to have a quick cocktail at the bar. Apparently I had woken up and began to cry uncontrollably. My sister did her best to try and get me to stop, but how do you stop a cry baby from crying? My sister remembers stepping out to the balcony because of her frustration and looking down; she says that in her head she was telling herself that it was not a long a fall and that I was so chunky that I would bounce. Thank goodness my parents came back to the room before she could entertain her thoughts! I first learned about Christian Fernandez about nine months ago. I was browsing through my AOL news when I saw the headline “Florida Boy to Be Charged as an Adult”. It immediately caught my attention. I began to read the story of a 12 year old boy, Fernandez who was left taking care of his 5 year old brother and his two year old brother. Fernandez pushed his two- year- old brother into a book shelf twice, knocking the toddler unconscious. When...
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...today, it is very different from what it once was. Juveniles today have more access to technology and other forms of electronic gadgets that have allowed them to become delinquents. Many more juveniles are committing the same type of crimes as before, but within gangs or with other juveniles. So instead of giving the juvenile some type of a “slap” on the wrist punishment that many have not learned from, the evidence has shown new ways of reinforcement approaches have worked. There are ways of dealing with young offenders that are more effective and less costly than prosecuting them as adults and imposing harsh sentences. With the "get tough" reforms from different states and legislation, many juveniles have spent a historic time in adult prisons. Now, widespread legislations are attempting to change the requirements for transferring young offenders from juvenile courts to adult criminal courts, where mandatory minimum sentences and other factors make incarceration more likely. Although many criminal juvenile courts dismiss and overlook the fact that these are juveniles, regardless of the crime committed, youth are not similar to adults in ways important to determining responsibility, such as having an under-developed ability to understand the consequences of their actions. Many juveniles are overlooked at the disabilities they may have, such as ADHD, slow learning abilities or other mental setbacks. The most widespread response to such concerns is to enact new judicial...
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...17 EXECUTIVE SUMMARY In summary, the cost of housing an incarcerated inmate does affect the budget of the United States. Whether, the inmate is sentenced to life imprisonment or the death penalty. The facts in this research paper leans heavily in favor of life imprisonment as a cheaper form of punishment verses an inmate being sentenced to death row. The judicial system and politicians have formed several alternatives to assist our country with the ability to lower the cost of housing an inmate in our prison system. For example, the United States detaining systems are concentrating more on issuing a fair sentence to nonviolent offenders, such as, substance abusers and prostitutes. They realize that the majority of the inmates are in need of drug rehabilitation and have a mental illness. Also, the research shows that women offenders are the most affected with drug addiction and substance abuse. They also have the greater risk of recidivism and mental illness, due to, the drug addiction and substance abuse. The judicial system formed an alternative called “sex courts” to address the situation with female prostitutes. The alternative addressed the need of therapeutic rehabilitation (drug treatment and mental health counseling), instead of, incarcerating the...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...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 care, the noted Nobel Laureate Gabrial Mistral Long ago observed: We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of the things are needed can wait, the child can not, right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him, we can not answer...
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...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 and expansion of organized child protection through independent sources rather through the government. However in the year 1962 started the beginning and current third era: “the era of government-sponsored child protective services.” (Myers, 2008) Since 1962 our progress for protecting our children as become a national concern...
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...The United States of America has the highest incarceration rate in the world. America holds 5% of the world’s population, yet it houses 25% of the world’s prisoners (Walmsley 2013). The approximate amount of spending on our nations prisoners is 74 billion dollars, annually (Silver 2014). With the cost of rising incarceration in the U.S. and climbing recidivism rates, it is more apparent than ever that the American Prison Industrial Complex (“PIC”) is in great need of reform (Wagner 2014). The PIC enforces a recidivism cycle in which more than 50% of prisoners return to prison less than 3 years after release, thus being referred to by the PEW Research Center as “The Revolving Door of America’s Prisons” (2011). Not only is this cycle inflicting...
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