Should Juvenile Courts Be Abolished - Essay Example

? Should Juvenile Courts be abolished? The makers of the constitution were right to distinguish between adults and youth. Perhaps their reasoning was different, but the aim is relevant even today. The age of an individual in most cases determines their ability to make choices and, therefore, respond to society’s upheaval. In the same light, juvenile courts have the same purpose as the constitution. This purpose is protecting minors from facing legal actions that exceed the magnitude of their actions and intentions. As such the system should maintain the juvenile courts. Vincent Schiraldi and Jason Ziedenberg in their article the Florida experiment delve into the negative realities of sending youth offenders to adult courts. Ordinarily, the aim of the justice system is to curb crime. For youth offenders, the phrase nip at the bud is more appropriate. However, when these youth offenders go through adult courts and end up in adult prisons the result does not reflect curbing crime. Schiraldi and Ziedenberg report that minors tried in the adult courts tend to regress back to crime compared to those tried by juvenile courts. Studies also show that; all states that allow state prosecutors the discretion to send youth to adult court have higher juvenile crime rates than those that do not. For instance, Florida’s juvenile crime rate is 48% higher than the national average (Hickey, 2012). This crime rates are high because the process of rehabilitation as reported by Schiraldi and Ziedenberg is not adequate. Studies further show that youth sent to juvenile facilities felt that the experience mitigated their onset of criminal life. This is because, in juvenile facilities, the youth offenders feel that they can change, and this eases rehabilitation. Also, they viewed the facilities personal as understanding which helped them change their attitudes. On the other hand, youths sent to adult prison reported learning more negative behavior such as how to commit new, more aggressive crimes. In such a scenario, one can conclusively say that prison cultivates ground for future crimes. Secondly, the adult prison personal was not as understanding, and they make inmates feel doomed to a life in prison (Hickey, 2012). In addition to these systemic shortcomings of prisons, there are other dangers that the youth experience while in prison. One of the most common dangers is prison rape. Because of their vulnerable state, youth convicts are subject to sexual abuse by older convicts and even the prison personnel. This sexual abuse leads to psychological trauma and self loathing which is not a favorable environment for positive change. The young offenders also face risks such as attacks with weapons that cause injury or death. The result of the attacks is that the individual becomes aggressive and, thereby, resistant to change. The frustrations the youth experience in prison at such a tender age lead to despair. As such, the suicide rate of youths in prison is 7.7 % higher than in juvenile detention centers (Hickey, 2012). Granted, there are crimes that are gruesome and the prosecution got no choice rather than to refer them to adult courts. However, the studies reported by Schiraldi and Ziedenberg indicate that the crimes sent to adult court are so minor they qualify to be misdemeanors. Most of the suspects have no priors, do not commit violence and acknowledge their wrong doings. An excellent example is the case against Anthony Laster, in Florida. Anthony went through wrenching court proceedings for a one time non violent crime because the prosecution referred him to an adult court. Critiques argue that in other states, his issue was a Principals office matter and not even a juvenile offence (Hickey, 2012). As such, utilizing adult justice system on a delinquent in most instances is like shooting a mosquito with a shot gun! Ryder (2011) views juvenile delinquency as a social problem. He argues that, in the wake of the 21st century, parents and the community want to contribute to the rehabilitation of the youth. Other non governmental organizations are also chipping in to see to the success of juvenile justice. Hickey (2012) reports that; over 50% of Americans are against the idea of trying youth offenders in Adult courts. From this evidence, it is clear that the community has faith in the juvenile facilities and the youth offenders in regard to their ability to rehabilitate. Secondly, juvenile facilities and courts are nowhere near a lost cause. It is, therefore, baffling that the system would like to replace juvenile courts with a process that yields more harm than rehabilitation (Ryder, 2011). Studies show that over 75 % of youth delinquents result to crime due to circumstances beyond their control. One of the issues that cut across all the surveyed subjects was poverty. Young persons claimed to commit crimes to get basic needs such as food. On the other hand, most of the offenders had a history of psychological abuse due to traumas associated with their family upbringing. These youths reported physical or emotional abuse before the onset of their crimes. These studies, therefore, show that a delinquent is in need of psychological support more than subjection a system of impunity. In the recent past, the level of professionalism in juvenile detention facilities has risen. More of the personnel are getting specialized training intended to improve interactions with the detainees and facilitate the process of rehabilitation. On the other hand, the psychological needs of convicts in prison are secondary to survival in the constantly dangerous setting (Roberts, 2004). Roberts, A. R. (2004). Juvenile Justice Sourcebook: Past, Present, and Future. Oxford: Oxford University Press. Retrieved from http://www.law.berkeley.edu/journals/btlj/articles Roberts is the Chairman of Administration of Justice Department in Maryland. There is a psychological account given on the implications of detention of minors in this text. Roberts also explores the possible ways to facilitated the survival of juvenile facilities. Ryder, S. R. (2011). Juvenile Justice: A Social, Historical and Legal Perspective. New York: Jones & Bartlett Learning. Retrieved from http://www.law.berkeley.edu/journals/btlj/articles Ryder is an ICWA Attorney. This text Describes the juvenile system as a social entity and gives a perspective on how it should run. Also, Ryder examines the state of the juvenile facilities in years to come. References: Hickey, T. J. (2012). Taking Sides: Clashing Views in Crime and Criminology. New York: McGraw-Hill. Roberts, A. R. (2004). Juvenile Justice Sourcebook: Past, Present, and Future. Oxford: Oxford University Press. (n.d.). Retrieved from http://www.law.berkeley.edu/journals/btlj/articles Ryder, S. R. (2011). Juvenile Justice: A Social, Historical and Legal Perspective. New York: Jones & Bartlett Learning. (n.d.). Retrieved from http://www.law.berkeley.edu/journals/btlj/articles Read More