A theory that is brought about many times is that if one is under aged and violates the law then one is automatically a juvenile. Behind every delinquent lies a story, why or how they became this way? The goal for these people from what most would say is incarceration. Juvenile Delinquency is the name of a certain level of social existence and relations with others. They are positioned as delinquent by activities directed at the attempt to control juvenile behavior.
Most people tend to critique adults and Juveniles differently and similar depending on the subject that is being discussed. What happens when they commit a crime should they be treated equally or should one be given a break because they are less experienced. In a case on June 25, 2012 the subject, whether a juvenile should receive a life sentence arose in the Supreme court. This Conflict leads me to believe that Juveniles should receive the life sentence they truly deserve not based on their age or their status of their mentality, but it should be based on the damage that they caused. Some people give sympathy to the juveniles who were raised in tough neighborhoods and argue that some teenagers grew up with crime around them, that they
Myers. Talks about how it would be if we decided to sentence juveniles as adults: “sending youthful offenders to adult facilities increases the probability of re-offending since impressionable youths may be further corrupted through interactions with more experienced criminals.” (Free Online Library.). Another book Rethinking Juvenile Justice by Elizabeth S. Scott. Explains to us the importance of the juvenile justice system “The subject of juvenile justice breeds extreme responses. The academic sensibility is extremely lenient, seeing misguided kids who need understanding and help more than punishment”.
As well as their parents resulted in criminalization of young individuals and families. Solomon, 2007) has also criticise this and argued that the majority of these family are from lower socio-economic background. The imposition of the ASBO on young people were also criticise because many younger offender had to wear tagging in school or in the community. Whereby they often becomes victims of violence themselves as well as been stigmatised. Some 40% of ASBO have been imposed on younger children ten to seventeen which many received breached, while Youth justice (2004) also highlighted that the Parenting Orders have been successful in influence parents and their children whereby parenting programs have brought about respect reference have also discuss that parent Orders have disrupts the life of many young people and their families and not allowed normal protection.
But whether they are tried as adults or juveniles, teenagers convicted of sex crimes are required to register as sex offenders for at least 15 years (Michon). Some might say that because sexual assault is a heinous crime, those students should have been charged as adults. However, I feel that their actions should have been better monitored and watched over. I do not believe that trying these minors, as adults would benefit them or
Richard Cloward and Lloyd Ohlin (1960) suggested that delinquency and gang formation originate from differential chance structures: the uneven distribution of legitimate and illegitimate way of getting goals. Lower-class adolescents ' limited accessibility legal way of achieving goals leaves them frustrated. Gangs can help to eliminate feelings of powerlessness by supplying youth’s use of illegitimate means that 's, with possibilities to understand and become instructed in crime by seasoned
Courts have acknowledged the negative effect of naming a young person a criminal. We should look for opportunities to decriminalize youth rather than label them. We should give the children success of rehabilitation approaches, the maintenance of judicial discretion is of paramount importance. Legislative choices that seek to constrain judicial discretion should at least be questioned. The proposed amendments to the Youth Criminal Justice Act in the Bill would limit a judge’s ability to fulfill his/her function in the justice system.
Parental dysfunctions play a role in sex offender’s behavior problems. According to Netland and Miner , they suggested that poor parental guidance is the one of the reasons why young male sex offenders commit sex offenses. It has been discovered that alcohol abuse during pregnancy can interfere with the development of the unborn children. This is also a reason why young sex offenders and non sex offenders committed crimes. Parents that have mental , and drug problems are more likely to have children with behavior problems .
When determining whether juveniles should be given access to a diversion program, the court should look at the offender rather than the offense. Over the past few decades, the juvenile justice system has become increasingly more punitive with a desire to “punish” rather than “rehabilitate.” Rather than (dishing out) “get tough” policy driven sentences, the juvenile court should provide alternative options of treatment in alignment with the original purpose of the juvenile court. Many opponents of diversion programs have cited to the extensive costs to maintain such treatment option. However, costs remain high if juvenile continues to participate in criminal activity and is later sent to an adult detention facility. Further, diverting juvenile offenders towards community and treatment-based programs have proven to be far more effective at addressing and preventing future delinquency in comparison to placing them in confinement.
You might think that adult prison may be too harsh on children, but if you heard the story about 18 year old boy Kendall Davis being charged for violent assault you would understand children being charged as adults.Do you really want a kid capable of doing that walking the streets and getting away with it. I will be talking about 18 and under children should be tried as adults! I have 3 reasons for my thinking first I have juveniles repeat offending, next I have longer sentences are better and last I have treating kids more like adults for their crime. In my next 3 paragraphs I will explain why children 18 and younger should be tried as adults. First I will be talking about repeat offenders.
Joint enterprise is growing problem in our modern society were teenagers are sentenced because they were present when the offender delivered the fatal blow. There have been arguments for and against joint enterprise and whether the law should stay or be abolished this is because too many young people are being condemned for just witnessing attacks or observing illegal activities. I do believe those who took part deserve to be punished too, just not as rigorously. Personally I believe that the offender who commits the crime should therefore be held accountable and should be punished for it. This leaves us wondering: are the wrong people going to jail?