Youth Gang Members - Essay Example

Introduction Youth gang members incarceration predicts a number of concerns about their influences on juvenile detention facilities, undermining of programs, and the compromise of institutional security and public safety. Most information about the nature and extent of youth gangs in juvenile confinement is only partially complete. (Johnson 1979). The question whether convicted youth gang members should be treated like other juvenile delinquents including status offenders is very crucial in very many states. This resource manual strives to address this question. As a starting point, this paper will look at the evolvement of gangs and the background of juvenile justice system. Overview of the Youth Gang There is no one accepted or straightforward definition of a gang. The public and media use the term 'gang' more loosely than those in the criminal justice system. A youth gang is commonly thought of as a self-formed association of peers having a gang name and recognizable symbols, identifiable leadership, a geographic territory, a regular meeting pattern, and collective actions to carry out illegal activities. (Jereczek, 1962). Most gang members define their gang along one or two basic definitional lines which are involvement in crime and the affiliation and cultural aspects of gang membership that make it like a family in the eyes of many members. (Curry & Decker, 1998). The youth gang problem in many states has become an important policy issue largely because of the increasing youth gang violence and the apparent proliferation of youth gangs throughout all sectors of the nations. Youth gangs pose a significant challenge in juvenile justice. There seems to be little evidence that the influence of these gangs is diminishing or that it will become less of a problem in the future. Therefore, it is important that practitioners in juvenile confinement facilities have good information about ways to address the nature and extent of youth gang problems. There are many reasons why youths join gangs and sometimes the adolescent doesn't exactly know why. However, some of the more common reasons include: To experience a sense of family, belonging or fellowship. To gain respect, a positive self-image, status. To experience power and control in their lives. To realize financial gain. For excitement and fun; and other social gains. For protection from neighborhood or rival gang violence. Because of recruitment intimidation. Because it is a family tradition. Due to peer pressure. Because the dangers of gang involvement are not understood. In the late 1800's, juvenile courts were established as an alternative to the adult criminal justice system. The juvenile justice system was designed specifically to meet the needs of non-violent, juvenile offenders and children at risk of becoming juvenile delinquents. Historically, juvenile crimes were considered "youthful indiscretions," warranting lenient treatment and rehabilitative responses. Unlike the offense-based adult system, the juvenile justice system is offender based, focusing on rehabilitation rather than punishment. Recently, many states have attempted to strike a balance among system and offender accountability, offender competency development and community protection. According to the United Nations Convention on the Rights of the Child ("U.N. Child Convention"), which the General Assembly adopted and formally ratified in 1998, Children and adults should not be treated equally under the international human rights regime. Before proceeding, it is necessary to examine the special rights of children enumerated in the same. Anti-gang legislation was a sudden shift in the legal trajectory that could be traced for the treatment of juvenile delinquents. Previously, implementation of significant reforms including specialized procedures and legal norms for the treatment of juveniles in conflict with the law was encouraged. This exceptional process, however, was revoked under anti-gang legislation resulting in recognition and treatment of juveniles as equivalent to adult criminals. The result, in relation to human rights standards, has been significant conflict with universal rights treaties and more specific international law regarding the treatment of children. The impact of crime on a victim and society are not related to the age of the defendant. Juveniles can scar victims physically, emotionally and mentally and endanger the bonds and values of the community to the same degree as adults. It is generally believed that a juvenile defendant may have a better chance to be rehabilitated than an adult offender may. However, there is also the risk that the juvenile will become a habitual offender if not stopped early in his/her criminal career. Strategic approaches should therefore be involved the juvenile justice system. According to studies conducted, armed groups within eight of the ten countries involved in this study have strong links to inmates within the adult prison system. Exposure of youth gang members to such systems is in the long run detrimental to them and the society as a whole. Furthermore, incarceration and detention which is a common experience for most of the children and youth convicted was seen as an occupational hazard by many. The presence of youth gang members among juvenile detention center residents creates challenges that threaten the administration's ability to operate the institutions safely and effectively. These strategies should be guided by five general and vital principles. First is the strengthening of the family in its role to instill moral principles and provide guidance and support to children. Secondly, the support of core social institutions in their roles to develop capable, mature and responsible youths is very important. The third principle is prevention of delinquency. This is because prevention is the most cost effective approach to combating youth crime. Fourthly, immediate and effective intervention when delinquent behavior is first manifested should be applied. This is a counter reaction method, which entails curing the disease immediately the first symptoms are noted and is very effective. Finally, there is the control and identification of the small group of serious, violent and chronic offenders through a range of graduated sanctions, including placement in secure facilities. In most countries, the juvenile justice system institutions do not have adequate rehabilitation programmes for convicted gang members. Furthermore, abusive treatment, detaining minors in adult facilities, overcrowding and dividing inmates in juvenile and adult detention facilities in accordance with their membership to specific groups, often makes the juvenile justice and adult penal systems counterproductive in terms of re- habilitation of the youths. Considering that during detention is the only period that armed group members are in prolonged contact with state representatives, it is crucial that rehabilitation projects are successfully instituted within these systems. In addition to institutional rehabilitation, there is growing evidence that alternative sentencing programmes are a cost effective way to deal with child and youth offenders involved in armed violence and other crimes (Grant & Warren, 1963). Conclusion With the argument for and against convicted youth gang members being treated like other juvenile delinquents including status offenders as we have seen in the paper, the argument leans more against this treatment. However, society faces a new breed of juvenile delinquent--the serious, violent and habitual juvenile offender. The current juvenile justice system was created to handle non-violent and at risk youth and is ill equipped to handle the new breed of delinquents. Changes to the juvenile justice system should be made in order to more effectively address the juvenile offender problem and more specifically the youth gang members. Prosecutors should have the discretion to waive juvenile cases to adult court, law enforcement, social services and other agencies must share information, and juvenile proceedings should be open to public. Ultimately, society must play a larger role in addressing the juvenile offender epidemic. Prosecutors are in the unique position of acting as society's voice in the juvenile justice system and are entrusted with protecting society. Prosecutors must continue to adopt new policies and institute new programs to educate communities on how to increase public safety and assist in protecting their citizens from the serious, violent and habitual juvenile offenders. Bibliography Curry, G. D., and Decker, S. H. (1998). Confronting Gangs: Crime and Community. Los Angeles, CA: Roxbury. Jereczek, G. E. (1962). Gangs need not be delinquent. Federal Probation, 26, 49-52. Katsiyannis, A., and Archwamety, T. (1997). Factors related to recidivism among delinquent youths in a state correctional facility. Journal of Child and Family Studies 6(1):43-55. Johnson, R. E. (1979). Juvenile Delinquency and Its Origins. Cambridge, MA: Cambridge University. Grant, M., and Warren, M. (1963). Alternatives to institutionalization. Children 10:147-152. Read More