They are positioned as delinquent by activities directed at the attempt to control juvenile behavior. In Heilbruns book Juvenile Delinquency, he states that juvenile offenders and other adolescent behaviors have become a great concern in today’s society (2005). He then goes on to mention that this concern is made in many different ways, whether it be through law, legal terms, or
As an author explained, youth are among the groups which are usually helpless and vulnerable people without the rights to express their views and opinions, that can give an explanation why young offenders are treated in more harmful and unfair ways. Stop and search is a police power, part of the Police and Criminal evidence act to stop a person who is suspected of doing something illegal. Police use and maintain authority in public, ignoring manners in which this is done. Stop and search has been a conventional and problematic tactic in this, can be highly emotive and if misused it can be harmful to the trust and confidence of young people in the police. What is worrying more than 1000 under-10s had been stopped and searched in less than five years period, including even toddlers.
Our Juvenile Justice System is broken. We live in a society that should be concerned with the way it manages teenagers who are deviant. Today, our juveniles are viewed as individuals to be feared rather than rehabilitated. Rarely are issues with juvenile crime and punishment treated under the rehabilitative philosophical basis parens patriae, instead youths are sentenced in juvenile facilities or even adult prisons for status offenses. They are placed in a community with expert criminals, and as a result, continue the lifelong journey of crime.
One way to discipline delinquents or to remove them from society is to incarcerate them. Being surrounded by inmates whom you cannot relate to, not only on a mental level, but on a level of criminal activity is not the ideal setting for a juvenile to be placed in. When this occurs, youth then have to find ways to protect themselves. Which can result to further deviant behavior. "Studies have shown that continuing delinquent youth in correctional facilites will return to the same adverse environment".
When someone who commits a crime is determined to be mentally inadequate to be held accountable for the crimes they have committed, there are things that we do to charge them, but in a lesser way because of their mental capacity. Which begs the question, why are we allowing children to be sentenced to life, when their brains aren’t fully developed? When a child commits a crime we look over that, and stop seeing them as children. We shouldn’t sentence children to a life in prison when their brains are not only underdeveloped, but also missing a good portion of gray matter. In the article “Startling Finds on Teenage Brains,” by Paul Thompson, he speaks about how adolescents lose brain tissue as they mature.
Writing Assignment 3 Traditionally, intermediate sanctions are designed for offenders who require a correctional opinion that is more punitive and restrictive than routine probation but less severe than imprisonment. Intermediate sanctions are used for a variety of offenders. Persons accused crimes and released into the community, persons convicted of misdemeanors and felonies directly sentenced to an intermediate sanction, and jail inmates. Unlike probation and parole, it is difficult to accurately determine the number of offenders involved in intermediate sanctions or even the number of intermediate sanctions that exist in different areas. Intermediate sanctions are alternate punishments used to monitor offenders who are neither under
These things are important factors in differentiation between juvenile and adult crimes. While the crime committed may be atrocious, adolescents should not be sentenced to life in prison without parole; therefore, they should be given a chance to correct themselves through parole. The
Evidence is also strong. If the police department has evidence that point directly to the juvenile or that the juvenile has something to do with it discretion is also thrown out the window. Complaints also are important as they come directly from the public and at times this does not really help the discretion process. Extralegal factors contribute to age, sex, ethnicity and race. Age also determine the outcome of the interaction.
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.
Prior to 1899 in the United States, children who committed a criminal offense were tried and punished as adults. Children were being institutionalized with adult criminals where they were picking up negative influences preparing them for a life of crime. Progressive and social change demanded that children be protected and educated instead and therefore a separate court system for juveniles was subsequently established to address this problem. It has since being argued that juvenile courts have abandoned their role to rehabilitate juvenile delinquents and should be abolished. In an age where juvenile crime has escalated from simple truancy to more serious crimes such as mass school shootings some would agree it is time to abolish juvenile courts or modify the system at the very least.