Problems Facing Juvenile Courts Today - Essay Example

? Juvenile justice Introduction Juvenile justice is executed by a juvenile court. This court isa special tribunal having a distinct legal authority to bring to trial and pass judgments for crimes committed by children who are still in the age bracket of minority. The present legal systems treat crimes committed by the minors in a different way from the crime committed by those who have attained the age of majority. The main difference between the juvenile and adult court system is that, adult court system focuses on the avoidance and justice as the underlying principle for prosecuting offenders whereas the juvenile system is committed to rehabilitate delinquent youths into upstanding citizens with good morals (Tanenhaus 68). Eras of juvenile court Juvenile justice therefore was solely created to rehabilitate minors. Its evolution can be classified into three major Eras, namely: the pre-juvenile era, the juvenile court era and the juvenile rights. The pre-juvenile court Era (1600-1898) Before the establishment of a separate juvenile justice system, minor law breakers were dealt with by the family and communities. The family and the community were charged with the responsibility of ensuring that the children behaved in the most acceptable manner in the society. There were no established juvenile justice systems by then. The juvenile court Era (1899-1966) The first juvenile court was created in United States by juvenile court Act passed by Illinois’ Legislature. These court replaced family and the community at large, who were responsible for minors rehabilitation. The juvenile court therefore began to exercising guardianship rights, so that it could discover and correct conditions that contributed to the minors’ misconduct Juvenile rights Era (1967-1979) Because every establishment must have its critics, pros and cons based on the analysis on ground, the juvenile court system attracted many critics. The critics of the juvenile court claimed that sentences for juvenile were sometimes biased and unfair (Tanenhaus 84-102). They asserted that minors were facing same treatment and could receive sentences as adults .They therefore came up with procedural rights that would ensure fair justice and the protection of the juvenile rights. I have a personal conviction that the juvenile rights Era were the most productive, as it ensured fair system of justice and juvenile right protection. In the other hand pre-juvenile court era as far as I am concerned, was damaging, because in many cases parents do sympathize with their children, leading to their forgiveness, hence no rehabilitation could take place if it was left in the hands of the parents so the rule of Stare Decisis should hold. Problems facing juvenile courts today Nevertheless, juvenile courts have been faced with many challenges, both administrative and legal issues. These problems have risen significantly and taken different paths. Many critics have come out to claim that the court system of justice have not properly embraced the zero tolerance policies on crimes. Moreover, researches have shown that juveniles in the court system don't always receive the best defense and ironically those teens that have lawyers often are treated worse than those who don’t. All juvenile under trail should receive legal representatives and that the lawyers must make their defenses based on the constitution and law. Bearing in mind that the juvenile justice system has been accused of passing unfair judgments and harsh punishment to minors, formidable solution must be established to help correct this. First of all, children need to be educated on the effects of being arraigned in the juvenile court because it can psychologically affect them. Here prevention programs are very important as they will lead to decrease juvenile crimes. Future of juvenile justice If prevention programs are not considered, youths might continue facing psychological problems, with mental problem not in exception. Mental health programs therefore are very crucial and need to be made available to all youths and not just those who have committed crimes. The program needs to evaluate juveniles' mental status and treat them accordingly. Too often than not, these juveniles go untreated and are just locked up, this is unfortunate because in that case, the court might be doing harm to our children other than rehabilitation. The politicians should pass bills that are in support of these programs, and ensure that they are fully implemented. A committee should be set up that will be responsible for coming up with comprehensive principles that promotes cultural training, and implementation of these crucial programs. This type of committee will be able to deter law enforcement officials from treating minor youths unfairly. . Conflicts arising among juvenile justice practitioners There are many conflicts that normally occur among juvenile justice practitioners. This is another serious issue that has faced our juvenile court systems today (Feld 88-111). The conflicts in most of the cases do arise because of differences in practitioners’ different roles and responsibilities, especially in defense and prosecuting attorneys. Therefore, this calls for all people regardless of their positions, to ensure that integrity is displayed utmost when they are discharging their duties. Another challenge has been about ethics and justice. Ethical dilemma facing juvenile justice practitioners. Juvenile justice has occasionally been faced with ethical dilemma which involves the use of violence in shaping an individual’s behavior .This in many cases have threatened the sanctity of an individual and the legal officers are therefore called upon should use appropriate force. Functions of court administrator For all the criminal procedures to take place effectively, all legal practitioners and attorneys should discharge their responsibilities in a professional way. Court administrators should ensure that this is not compromised. Court administrator therefore should be able to Plan, direct, supervise and coordinate all activities of Juvenile Court System. He or she must also be in a position to develop, maintain records and report systems per county, state, and federal guidelines. He or she must carry out activities including monitoring of grants and ensuring compliance with grants requirements (Feld 112). Importantly, the administrator should participate in the recruiting, hiring, and disciplinary action of staff and to manage employee goals setting, employee evaluations, training, and staff development. Required skills for juvenile justice practice. For juvenile court administrator to work competently, he or she should possess a degree in business or public administration and a degree in law. He must also possess excellent supervisory and management skills. These skills shall enable the administrator to possess the appropriate know how to discharge his duties without fear and favor. In conclusions, everyone working for a juvenile justice agency must understand the interrelations among the agencies that make up the juvenile process. Each worker must also get to understand how his or her position interrelates with other positions within the same agencies. Works cited Feld, Barry C, ed. Readings in Juvenile Justice Administration. New York: Oxford University Press, 1999.print. Tanenhaus, David S. Juvenile justice in the making. New York: Oxford University Press, 2004.print. Read More