Parens Patriae In The Juvenile Justice System

Justice for Juveniles The American juvenile justice system was designed over a hundred years ago to reform kids who were found guilty of minor crimes such as petty theft and truancy. Today, the system is becoming overwhelmed by crimes of violence. Stealing and skipping school have been replaced by violent crimes, such as rape and murder.

In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.

The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders. These three ethical issues that are rising in the juvenile justice system will be further examined.

“He found that youths were likely to spend considerably more time in adult correctional facilities than juveniles that were sent to state juvenile facilities,” (Krisberg 176). Juvenile offenders has become an excelling issue since the beginning of the first juvenile institutions in the 19th century (Shoemaker 5). The issue then arises, should juvenile offenders be tried as children or adults. This is an important issue that can impact many children and society as a whole, therefore this issue should be taken wisely. Karen Romanoff- Miner, sides with the idea that juvenile offenders in adult courts and prisons are not doing the effects that they are meant to.

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.

A Bureau of Justice Statistics conducted a study in 40 of the nation’s largest urban communities. “It was found that an estimated 7,100 juvenile defendants were charged with felonies in adult criminal court in 1998. Of these 40 county criminal courts, juveniles were 64% more likely than adults to be charged with a violent felony. These juvenile defendants were generally treated as serious offenders, as 52% did not receive pretrial release, 63% were convicted of a felony, and 43% of those convicted received a prison sentence. States have expanded the mechanisms by which juveniles can be charged in criminal courts.

The Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.

The Due Process Model Within the Criminal Justice System Abshire College of Southern Nevada   Using the Due Process Within Our Criminal Justice System Introduction Prior to the American Revolution, no distinct American legal system existed. Each colony operated independently. Criminal codes, punishment, and courts varied from colony to colony. By the beginning of the Revolution, reformers had already wanted to establish a more unified and professional legal system.

In other cases repercussions could be much more severe, and result in sending someone to jail due to damaging actions that did not conduct “due process”. Moreover, it is crucial to obtain the knowledge of what procedures are

Discuss and describe the process in which juvenile cases can be transferred to adult courts. Transfers, waivers, and certifications are all a formal procedures of moving a juvenile to adult court for trial instead of allowing them to remain in juvenile court. By moving a juvenile to adult court, it is then possible for harsher punishments to be imposed, for just deserts and severe punishments for violent offenders, fairness in administering punishments suitable because of one’s actions, a deterrent to decrease juvenile violence, less leniency compared to the juvenile court system, and a way for juveniles to accept responsibility for their actions. The process of transferring juvenile cases to adult courts is done through several different

Within the urban communities, negative perceptions are magnified. Adolescents are more prone to be a product of their environment, especially those whose parents are incarcerated. Because of this trend adolescents are being incarcerated at an alarming rate and sentenced to adult facilities. Lambie & Randall (2013) states, the United States have imposed harsher penalties on serious young offenders, and have consequently increased rates of incarcerated youth and made it easier for youth to be treated and incarcerated as adults within the justice

It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.

We have seen today in society of how crime rates have been rampant and how statistics show that most of the crimes were being made by minors. I believe that when most of them look at the bottom of these young offenders come disproportionately from impoverished single-parent homes that are located in the neighbourhoods desinvertido and have high rates of learning disabilities, mental health, and substance abuse and problems with the help of the system of juvenile justice that can make a great return on a successful transition to adulthood. Their ages ranged from 20 and under, most are under fifteen years of age. Juveniles tried as adults must assume the same consequences as any other criminal and are subject to state prisons with inmates much higher and that have probably committed crimes much more tortuous then you could ever have. These minors between the ages of nine to twenty according to the offence committed or of the number of times that are prosecuted and believe that it is immutable.

They say this because if the juvenile courts are accommodating than the minors may not understand the severity of their actions opposed to if they were to be put through a one-size-fits-all method that they may respond better. However, if minors are tried in juvenile court it may be more effective. They should do this because there they can be given methods of rehabilitation that may help them. In conclusion, juveniles should not be treated the same as adults when it comes to committing crimes so that they have a better chance to rehabilitate. Minors should not be treated the same as adults when it comes to committing crimes.

Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.