Preview

Adolescent Delinquency: Evolution Of The Juvenile Justice System

Good Essays
Open Document
Open Document
804 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Adolescent Delinquency: Evolution Of The Juvenile Justice System
Adolescent Delinquency
Throughout the course of the progressive era significant legislations helped to control the growing urban society. Austin et al. claim that the establishment of a juvenile justice system is “one of the most progressive developments in the evolution of criminal justice in the United States” (4). Influenced by the children’s welfare, the juvenile law adopted the English doctrine parens patriate which gave states the authority to assume the role of a parent (Soulier & Scott 138). However as the delinquency rate ascended it provoked the modification of certain laws that made it evolved similar to that of an adult system. Such regulations facilitate the transfer of juvenile offenders to be trial as adults, thereon penalized
…show more content…
Behrman et al. assert that the 1960’s landmark Supreme Court cases, rejected the parens patriate philosophy thus required the practice of basic constitutional measures within juvenile court proceedings (10). Although the rise in delinquency was taking effect in society, many offenders were being influenced either by peer pressure or by the inadequate environments. Unlike adults, juveniles are known to be more susceptible to emotional behavior therefore it is unlikely they would think about the consequences. Laurence Steinberg, expert on adolescent development and juvenile justice, contributed in the research for finding the difference of cognitive immaturity among adolescents and young adults. The MacArthur Juvenile Competence Study consisted of the participation of individuals who at the time were under custody. These findings ultimately correlated with what psychologists had accepted for years. One-third of 11 to 13 year olds as well as one-fifth of 14 to 15 years olds were evidently not competent to stand trial (Juveniles on Trial). Even though young offenders may know the difference between right and wrong, their incapability to make responsible decisions entitles them to have less accountability for their immature …show more content…
Though the perspective may sound reasonable, the public may not be aware of the particular impacts it can have in an adolescent’s development. Soulier & Scott contend that adult prisons do not offer “developmentally appropriate treatment” for juveniles who are being incarcerated in them (321). Once in the adult system, a juvenile’s potential to rehabilitate may diminish considerably since it lacks many of the resources that can educate them. Michele Deitch et al. discuss a survey of adult jails consisting of educational programs. They concluded that 40% of them had no such services at all, 11% provided special education classes and only 7% offered vocational training (53). Therefore retaining juveniles in the appropriate system may influence a different attitude and perspective towards a better future. Regardless of the crime they may have committed, juveniles are still children who need to be

You May Also Find These Documents Helpful

  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Adult prisons and jails are not constructed with adolescents in mind, and they do not satisfy the needs of juveniles. Officers of juvenile detention centers are properly trained to deal with the specific needs of teenagers. These centers are equipped with workshops, therapy, family services, education, etc. Dana Liebelson, a Huffington Post reporter, wrote that “Staff in juvenile facilities are more likely to be trained to deal with teens. And after they were released, those who had served in the adult system were 77% more likely to be arrested for a violent felony than those who were sent to juvenile institutions.” (Liebelson) Furthermore, according to the Equal Justice Initiative, adolescence that are in adult prisons face increased risks…

    • 237 Words
    • 1 Page
    Satisfactory Essays
  • Best Essays

    The national trend towards getting tough on juvenile crime by altering the juvenile justice system to more closely mirror the adult system was examined in order to determine whether secure confinement of juvenile offenders is as effective as community-based rehabilitative and treatment programs for these youth. Politicians and public perceptions have allowed the juvenile justice system to evolve from one of reform based thinking to one of punishment based thinking, placing more young offenders in secure facilities than ever before. The social repercussions of secure confinement of juveniles, without the use of proper rehabilitative tools, including education and life-building skills, are evident as youth are being ‘set aside’ rather than being encouraged to become productive members of their communities.…

    • 3212 Words
    • 11 Pages
    Best Essays
  • Powerful Essays

    The Juvenile Justice system came about as a direct consequence of the American Industrial Revolution . The change from an agricultural society to urbanization decreased the size of the family. The role of the…

    • 3690 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Not too long ago the House of Representatives approved “The Juvenile Crime Control Act of 1997” which would greatly increase the number of juveniles convicted and incarcerated in adult facilities. When I was made aware of this I took it upon myself to research juveniles tried as which in turn caused me to question whether juveniles should be tried as adult. Many claim that the age of the juvenile does not matter, if the child is old enough to do the crime they must do the time. On the contrary, I came to find that not only age but mental development in terms of cognitive development, the development of mental maturity and, formulation of personal identity have a lot to do with how the…

    • 1816 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    One hundred years ago, the Illinois legislature enacted the Illinois Juvenile Court Act (1899 Ill. Laws 132 et seq.), creating the first separate juvenile court. The policy debates raging around the country in this centennial year(1899), however, make it uncertain whether the traditional juvenile court will prevail. Early in the 19th century, juveniles were tried along with adults in criminal courts. In common law, children under age 7 were conclusively presumed immune from prosecution because they lacked moral responsibility (the infancy defense). Children between ages 7 and 14 were presumed not to be criminally responsible, and prosecutors had to prove that an individual juvenile was culpable. Youth age 14 and older were deemed as responsible for their criminal acts as adults.…

    • 2453 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to…

    • 575 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Juveniles have been incarcerated in secure facilities since 1974. Juveniles are committing more heinous crimes and citizens have advocated for tougher penalties on crime. They want justice for the violence perpetrated on their families, businesses and communities. The Juvenile Justice system is charged with simultaneously protecting the public as well as reforming those juveniles who are convicted and sentenced to secure facilities. Barry C. Feld (1995) believes that there is a “desire to "get tough," fueled in part by frustration with the intractability of crime, that provides political impetus to transfer some young offenders to criminal courts for prosecution as adults and to strengthen the sanctioning powers of juvenile courts”(p.966).…

    • 300 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In today’s society, there is a national debate about what to do with juveniles in the criminal justice system. This debate is a result changes in practice throughout United States. The United States made it possible to try juveniles as adults in court after the case of Kent vs. the United States in 1966. The change in legislation is relatively new due to the fact that juvenile courts have "for most of the past century, treated youngsters between 7 and 17 not as criminals but as delinquents." The United States choose to treat the kids as delinquents because there was a major focus on rehabilitation rather than punishment.…

    • 4926 Words
    • 20 Pages
    Good Essays
  • Good Essays

    As mention before, the U.S. has more youths in residential facilities than any other country in the world, still some say we should invoke tougher policies or run juvenile courts more like adults courts. However, these types of measures only tend to exacerbate the condition, hence the overcrowding. It may seem intuitive to lockup juvenile delinquents. However, it turns out that these juvenile residential facilities make excellent training ground for youths who contemplating a life of crime. The most reasonably approach would be to attack the underlying causes of delinquency, such as poverty, unemployment, discrimination and the dysfunctionality of…

    • 542 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Placing a juvenile into a secure facility is not advantageous to the juvenile and has nor proven to be to be beneficial to society either. Statistics show that almost half of the juveniles in custody have not committed a violent crime or one that was against another person (Elrod & Ryder, 1999). Secure facilities resemble prisons where offenders are locked down and kept away from the public, but provide no real systematic approach for helping the juvenile down a path that will lead them to being a successful member of society. Secure facilities also have a growing problem with violence within their walls and escapes attempted. Although the majority of the juveniles who are incarcerated in a facility came in for a non-violent reason, the method…

    • 637 Words
    • 3 Pages
    Good Essays
  • Good Essays

    To deter recidivism, juveniles need the opportunity for rehabilitation. Juvenile decision making is severely inhibited by the underdevelopment of their prefrontal lobe (Reaves, 2001). Because they are unable to process the consequences of risk taking like an adult they are limited in their ability to realize their criminal responsibility and the risk of being caught (Scott, Reppucci, & Woolard, 1995). This is why juvenile court was formed, to address these youth who still had the chance of rehabilitation and to give them a more humane sentence. A study done to assess the public’s opinion on trying juvenile offenders in juvenile court revealed, that even after the most violent school shooting in United States history, they still believed that youth should be tried and treated as youth in the United States courts (Appleson,…

    • 1432 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Juvenile Recidivism

    • 1065 Words
    • 5 Pages

    Juvenile courts arose as explicit attempt to control and regulate, and govern the intercity juveniles, whom engaged criminal activities. Between 1970’s and 1980’s every state legislature amended its juvenile code to facilitate the transfer and prosecution of juveniles in adult criminal courts. (Allen 2002) Juvenile regulations were revamped in the late 90’s during that time frame 68 percent of juvenile court cases were transferred as adult prosecutions. Landmark cases such, as Kent v. United States introduced new regulations, that stated every juvenile must first have a wavier hearing, including the right to be represented by an attorney during the hearing. Also, alternative treatments and programs were developed to the best interest of the child. Merrill and Frater suggested, “The making of laws creating juvenile courts and detention homes which place offending children apart from the criminal group has been co-incident with the growth of erroneous idea that social relations are the one absolute factor in the development of character.” (Brown, pg.363). Community programs and parental involvement with delinquent juvenile can steer them way from criminal circles. An absent parent as well as the environment play a huge role in the juvenile decision making in criminal circumstances. Although it’s the parent’s duty to rear their children, juvenile courts must provide the correct…

    • 1065 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Juvenile Justice Reform

    • 1635 Words
    • 7 Pages

    Controversies dealing with juveniles’ age in which they can be charged as adults, giving them life sentences in prison without parole, the application of neuroscience, and the roles both the federal and state governments have played in shaping the policies towards justice reform have been discussed at length for the better half of United States (U.S.) History (755). Dating as far back as 1825, the United States of America has delved into the topic of juvenile justice (755). Today, advocates of the youth and victims’ rights still provide strong interest in criminal justice reform. From lobbying for light sentencing standards for the youth, to making them accountable for their actions, the controversies and arguments towards reforming juvenile…

    • 1635 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Taylor, R.W.; Fritsch, E.J (2009) Juvenile Justice; Policies, Programs, and Practices; The Juvenile Justice and Delinquency Prevention Act (228-229; 235; 242; 252-267)…

    • 1290 Words
    • 6 Pages
    Powerful Essays