Convictions and Pardons in Juvenile Justice System - Essay Example

 Convictions and Pardon Abstract Community-based correction programs are effective sanctioning methods that do not only discipline individual offenders, but also seek to improve an individual’s life. Rehabilitation, therapies, community works, etc., change or affect the offenders’ attitude to prevent them from committing possible criminal behaviours in the future. Juvenile justice system is distinct from the adult system. Juvenile offenders must be treated with extensive care so that they will have a low risk of re-offending in the future. Keywords: community corrections, juvenile justice system, probation Introduction Community-based corrections are non-prison sanctions imposed by the court as alternative to a prison sentence (Petersilia, 2007). It could also be enforced by a parole board to an offender after serving time in jail. This type of sanction is often given to individuals who has committed a crime but poses no serious threat to public safety (Alarid & Del Carmen, 2008). By engaging individuals to community corrections instead of serving time in prison, over-population problems in jails are answered, community service work are increased, and collection of fines and fees are increased because offenders are allowed to remain in their present jobs, thereby alleviating the budget constraints of the correctional department (Nieto, 1996). Community-based Programs and Sanctions Several community-based programs are being implemented by the government. These services are designed for intervention and prevention of the specific problem of the offender. The judges evaluate the offender according to the offender’s behaviour, previous records, and the risk to re-offend. The court then chooses the sanction specific for an individual following a uniform and structured judgment. Examples of these are sanctions and therapies for: alcohol and drug abuse; mental health; sex offenders; domestic violence; cognitive restructuring; and anger management (Barton-Bellessa & Hanser, 2012). The goal of the structured sentencing is to match the offender with the appropriate penalties or prevention services. For example, juveniles who are school drop-outs or those who are members of youth gangs are “at risk” of committing criminal cases in the future are being required to go under prevention programs such as midnight basketball leagues, big brother programs, special education, and other activities. Another type of program is the intervention program, which usually benefits first time offenders. They are required to attend early intervention services to reduce the chances of re-offending. They are often obligated to attend counselling services related to education, work-skill development, or alcohol and chemical abuse (Nieto, 1996). Diversion programs are designed community-based programs granted to individuals based on the severity of the offense done. The offenders are able to avoid having criminal records but they have to complete the community sanctions that were agreed upon which include restitution to the victims, completion of community service hours, fines for the damages done during the crime, public or letter of apology, charitable donations, and avoidance of situation that may lead to committing the same offense for a specified period of time (Center for Community Corrections, 1997). Being a border state, Texas has a Border Children Justice Program in order to come up with a more humane response to crime problems in the Texas/Mexico border for both Mexican children who violate US laws and US children violating Mexican laws (Texas Juvenile Probation Commission, 2009). Agencies and the Services they Offer The State of Texas gives support to local juvenile boards and probationary departments to ensure the quality of support and services offered to juvenile offenders. Two agencies were created: first is the Texas Juvenile Probation Commission (TJPC) and the other is Texas Youth Commission (TYC). The first, TJPC, is the main agency working closely with the local juvenile boards and probation department to support the services provided by the state. The agency is responsible for fund allocation, information dissemination, training of juvenile justice officials, assurance of state-wide standards, and strategic planning and policy development (Texas Juvenile Probation Commission, 2009). The TYC, on the other hand, handles youth offenders who are not qualified to enter correctional facilities but requires confinement. TYC offers specialized treatment programs designed for youth with more serious needs such as alcohol and drug treatment, sexual behaviour treatment program and capital and serious violent offender program (Texas Juvenile Probation Commission, 2009). The Texas Department of Family and Protective Services (DFPS) also plays an important part in community programs for juvenile offenders. Most of the juveniles who violate the law are those who were abused and neglected by their family. They operate rehabilitation services, such as STAR (Services to At-Risk Youth) program where the youth learns about their “risk factors”, or the things that make a person engage in unlawful conduct, and their “protective factors”, or the things that makes them less likely to offend the law. The program aims to decrease the offender’s risk factors and increase their protective factors (Texas Department of Family and Protective Services, 2009). Juveniles who are found to be mentally incapable and those who are suffering from serious mental illness or mental retardation are unfit to precede trials and may be found by the court to be not legally responsible for their acts. They are referred by the TJPC to the Texas Department of State Health Services (DSHS) to undergo the Specialized Program for Youth with Mental conditions (Texas Juvenile Probation Commission, 2009). Juvenile Justice System vs. Adult System of Probation In legal terms, “probation” is a program mandated by the court to individuals who have been found guilty in committing a delinquent act (Barton-Bellessa & Hanser, 2012). The first common factor between a juvenile and adult system of probation is that, the offenders are given terms and conditions that they have to follow during their probationary period. Failure to comply with these rules can cause an individual to acquire more severe punishments (Adult and Juvenile Probation, 2006). Most basic to the rules of probation are regular reports to the parole officer, which can be at 24-hour basis to once every couple of weeks, submission to routine drug tests, reporting any change in personal information such as home address or contact numbers, and being incapable of possessing weapons or fire arms. For adults, probation is given to those with minor offenses. Adult probation seeks to hold the individual legally responsible for the crime they committed but also to initiate change. Offenders are made to undergo process that will teach them to avoid criminal behaviours. And most importantly, there is a reintegration process in able to help them mingle with the community, finding jobs and adjusting to their new life. Juvenile probation on the other hand, is reserved for individuals under the age of 18 and who have been tried as a juvenile. The main difference between a juvenile and adult justice is the treatment and handling of cases. In juvenile courts, treatment and support system is emphasized. They are assisted in order to overcome the conditions that made them partake in the offense. Parents and guardians are highly involved in educating juvenile offenders with the methods of becoming a productive member of the society. In cases when the family of the offender is physically or psychologically abusive, counselling is often a condition of probation (Alarid & Del Carmen, 2008). Probation officers for juvenile offenders are often more demanding than the adult probation officer because they should act as “superheroes”, a confessor, a teacher, and a problem solver. A juvenile probationary officer is expected to teach the offender by being a role model to them, setting examples for them to follow and filling them with encouragements. The officer forms tight bonds with the offender and works closely with the schools to ensure that the offender complies with the rules of probation for the success of the probation given to them (Alarid & Del Carmen, 2008). Once a juvenile gets into a crime again, the reprimand could be anything from a slight change in the terms of probation to placement under intensive supervision, to removal from home or to trial as an adult (Barton-Bellessa & Hanser, 2012). References Alarid, L. F. & Del Carmen, R. V. (2008). Community-based Corrections 8th edition. Belmont California: Wadsworth. Adult and Juvenile Probation and Parole National Firearm Survey, 2nd edition. (2006). American Probation and Parole Association. Retrieved from: http://www.appa-net.org/eweb/Resources/Surveys/National_Firearms/docs/NFS_2006.pdf Barton-Bellessa, S. M. And Hanser, R. D. (2012). Community-based Corrections. California: Sage Publications, Inc. Beaty, D. (2002). "An Assessment of Texas Juvenile Intensive Supervision Programs". Applied Research Projects, Texas State University. Retrieved from: http://ecommons.txstate.edu/arp/50/ Center for Community Corrections. (1997). A Call for Punishments That Make Sense. Washington DC: Bureau of Justice Assistance. Retrieved from: http://centerforcommunitycorrections.org/wp-content/punishments.pdf Nieto, M. 1996. Community Correction Punishments: An Alternative To Incarceration for Nonviolent Offenders. Retrieved from: http://www.library.ca.gov/crb/96/08/#RTFToC4 Petersilia, J. (2007). What Works in Community Corrections. Public Safety Performance Project. Retrieved from: http:// pewcenteronthestates.org/uploadedFiles/Petersilia-Community-Corrections-QandA.pdf Texas Department of Family and Protective Services. (2009). Joint Investigations Guidelines. Retrived from: http://www.dfps.state.tx.us/documents/Child_Protection/pdf/jointinvguidelines.pdf Texas Juvenile Probation Commission. (2009). Intensive Community Based Programs for Juvenile Offenders: A Report on the Implementation of Pilot Programs Established Under SB 103, FY 2008. Texas: Retrived from: http://www.tjpc.state.tx.us/publications/reports/RPTOTH200902.pdf Read More