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. This has turned into a landmark case because it has altered the way the juvenile delinquent court system runs.
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. In 1998, statutory exclusion was the most common method (42%) used to charge juveniles defendants compared to the more traditional use of juvenile waiver (24%). In the 40 counties in 1998, 62% of the juvenile felony defendants were black, 20% were white, 16% were Hispanic, and almost 2% were of another race” (“Bureau of Justice Statistics”).As time goes on, crime rates of youths
Courts are a major evaluative stage of the criminal justice system and we rely on these courts to determine our outcomes based on the crime that was committed. Today, there is more diversity of leadership in the court system but, race still plays a role in the outcome of the offender. This could range from petty crimes being committed like traffic infractions or facing the death penalty based on the race of the offender or victim. This paper will examine the three types of disparities that cause biased sentencing in the courts. The three types of disparities are race, social class, and gender and these all play a huge factor when making a decision based off an offender.
The federal government’s “War on Crime” by the Johnson administration in the 60s made way for tougher law enforcement and surveillance (Hinton, 2015). However, with this came the separation of children and adults in the criminal justice system; then the separation of juvenile delinquents from status offenders. As mentioned, status offenders are different from juvenile delinquents because they had broken rules which apply to only children. Meanwhile, juvenile delinquents are youths under the age of 18, who committed offenses that would be punishable to adults as well. By the late 1960s, there became a growing concern that juveniles involved in the court-based status-offense system, were not getting their best interests met (Shubik & Kendall, 2007). This can be seen in the growing number of court-involved status offenders who were being detained and placed outside of their homes for noncriminal behavior (Shubik & Kendall, 2007). Following multiple studies and research, the President’s Commission on Law Enforcement and Administration of Justice recommended that the juvenile court be the agency of last resort and that community-based organizations, not penal institutions, should be responsible for these youths (Shubik & Kendall, 2007; Farrington,
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. The juvenile justice system is not meant to deal with these kinds of problems. In the past, the juvenile justice system sought to rehabilitate youthful offenders by taking a protective stance over juvenile delinquents. However, the protect instead of punish philosophy does not work for today’s society. Today, as juvenile crime has become more common and violent, our system will be forced to change. The justice
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.
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law. The following articles specifically address the idea that juvenile justice is unethical. In the article, “Juvenile Justice & Adolescent
This issue led to what is now resulting in mass incarceration. Mass incarceration has been shown to affect mostly poor and minorities. Individuals living in poverty are not afforded the same royalties as those who are not in poverty. They are more willing to commit crimes because of their lack of fortune. The crime rate is more prone to be in urban communities, which hold a significant number of minorities. 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
Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New
The Juvenile Justice System was a system created over a century ago to prevent young juveniles under the age of 17 to be process and tried as an adult. The Juvenile system was created to let juveniles have an easier sentencing with fair treatments and rehabilitation, but lately the system has been racially biased towards colored juveniles because of their skin color which results the system being unfair towards colored juveniles in the system. The Juvenile Justice System is racially bias towards colored juveniles, because colored juveniles are more likely to receive harsher treatments than their white counterparts, won’t receive enough resources for rehab, and receiving lack of legal representation for trials.
In the juvenile system, black children are up to 18 times as likely to be sentenced as adults than white children, and African American youth that is accused of felonies are inclined to be viewed as more at fault for their crimes than are white youth. Research that was constructed by the National Council on Crime and Delinquency and the Center for Children’s Law and Policy suggested that minority youth are presented with harsher treatment than their white peers through almost every stage of the juvenile justice process. The process is already the punishment, but being a minority can make it worse. Minority juveniles are sentenced for longer periods and are less likely to receive alternative sentences or probation compared to white juveniles (Armour & Hammond, 2009,
The author found that more people of color, especially black males are under the control our criminal justice system than were enslaved in 1850. The author supports the pervious idea by using specific examples such as the “War on Drugs” to show people of color are targeted more by law enforcement officers and scrutinize harsher by our courts for drug laws but the drug usage is used at the same rate by blacks and whites. With the help of mass-media, the “crack” epidemic in inner cities, the War on Drugs policies, the “Get tough on crime” policies, and the propaganda about people of color all have influenced the way mainstream society thinks about blacks. The author found that mainstream society believes that black people commits more crime and uses more drugs than white people, so therefore blacks deserved to incarcerated. However, Michelle Alexander disproves in “The New Jim Crow” that blacks commit more crimes than whites, the drug usage rates are the same between both races, propaganda has influenced the way mainstream society views blacks and that the “War on Drugs” and the “Get Tough on Crime” was policies targeted towards inner cities and people of color with the intent to enslave them in the criminal justice system by giving them felonies in which people of color are disenfranchise by society. The author calls this a “Racial Caste System” because it discriminates like it never has before, since it allows anyone who is labeled a “felon” to be legally discriminated against with housing, education, employment and voting rights. Since many more people of color are made felons than white by mass incarceration, racial discrimination is a powerful as it was under slavery or under the post-slavery era of Jim Crow
A large cause for the writing of this book is that there is currently not much research or call for a criminal justice reform. According to Alexander the main goal of the book is to “stimulate a much-needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States” (2012:16). Another premise for this research is that it is no longer socially correct to use race to discriminate against people, and Alexander argues that society as a whole is now using the
Fast forward to the present day, we have the Ferguson, Mike Brown of Emmitt Till’s still occurring in our justice system. A person must view the criminal justice threw a godly telescope to see the inequalities that exit, and need to come to the forefront of our government, and the population worldwide. Sentencingproject.org statistically show that African American men, women, and juvenile are arrested more often than any other races across the nations. This report will prove, and argues that racial disparity in the justice system is at large in our system. This research paper will further explain, and presents evidence that display the presence of racial bias in the criminal justice system in America.
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.