Juvenile justice system- harsh punishments vs. lighter punishments - Essay Example

Background information In America, separate justice systems exist for juveniles, however most citizens are not aware of how this system operates and how important it is in helping to shape the behavior of the juveniles. Some people hold views that are not true and are far from reality concerning the juvenile justice system. There is also the lack of understanding among citizens on the social, political and economic perspectives that cause juvenile crime and the juvenile justice practice. Even though most people do not comprehend the vitality of the juvenile justice system, there have been strong discussions on the causes of crime by the youth and the possible ways of handling them (Champion, Merlo and Benekos 34). There are varied position held by the public concerning this issue, some hold the view that there measures should be put in place that will ensure such crimes are prevented and rehabilitate the young offender. Other members of the public call for the establishment of harsher punishment to the young criminals. They demand that youths who commit crimes be held accountable as adults (Elrod and Ryder 5). There has been a growing dilemma of youth gang violence in Central America. Youth violence is a great worry since it affects the country’s safety and the health of the public. However, some of the strategies put in place so as to address the problem are not successful. It has been noted that the approaches lead to the infringement of human rights hence leading to serious lawful challenges. Violent gangs have been reported to be taking part in injurious actions such as drug abuse. In addition, violent gangs take part in theft and robbery of properties of their neighbors. Juvenile justice systems have been established to ensure that cries committed by the youths are prevented from taking root in the society. Introduction Jane is a woman juvenile detention officer and Jack is a resident of New York, they hold the view that children who commit crime should be rehabilitated rather than punished and measures should be put in place to ensure that crimes involving the juveniles are prevented from occurring in the society. On the contrary, Kennedy is a law enforcement officer while Brian is resident of Los Angeles. They hold the view that the youth who engage in criminal activities should be given equal punishment the same as the punishment given to adults. Scenario The issue of juvenile justice system and the approach in which it should take, whether rehabilitative or punishment approach, and the best approach which should be adopted have dominated the public debate for several years now. It is evident that young people engage in serious criminal activities. However, most crimes committed by the young ones do not lead to serious injury or loss of property. The public has had to debate on the best way to approach the issue in order to correct the illegal behavior of the youths (Krisberg 3). There have also been concerns on the best approaches that can effectively help the youth in learning from their mistakes so as to enable them make right decisions concerning their lives now and in the future (Klein 55). Young children who commit crime constitute a diverse population. These young criminals vary depending on their psychological and biological factors as well as the social environment in which they live. However, their biological, social and psychological variation need to taken into account when considering which type of approach whether rehabilitative or be punished. Several states in the United States have placed the age limit to the juvenile justice system jurisdiction a t age 17. When the youths attain the age of 18 years, they are subject to the jurisdiction in the adult justice system. Further, some states have a lower age limit for admission to juvenile court. The age limit often varies from the age of 6 years to 10 years. In cases whereby a lower age limit exists, younger children with the age below the statutory specified age cannot be considered in the juvenile justice system. These children are felt to be too young to have a criminal mind and the intent of causing harm to the society. The idea that children below the age of 6 years cannot commit crime is based on the legal idea that young children do not know right from wrong. It is due to their inability to make accurate choices that make them not liable for actions that are considered illegal if done by an adult(Krisberg 3). In some states, the justice system and the juvenile justice agencies can agree to continue jurisdiction over a child for a specific duration after he or she passes the maximum age for juvenile court jurisdiction. In most instances, after the justice system has taken over the jurisdiction over a criminal case caused by a child, the justice system can retain that jurisdiction until the youth reaches the age of 21 years. In addition, several states can extend until the age of 25 years. However, when the child who is under the jurisdiction process achieves the age in which they are considered as adults, the subsequent crimes and offenses in which they engage in fall under the adult justice system. The use of the age as a basis for lowering the punishment satisfies the legal requirements and other legal criteria that determine those children who can be taken for trial in the adult court system. The use of age as a basis fails in some perspectives. First, it fails to capture the human psychological, social and physical development of the children. The common definition of an adult is that it is a person who has reached the age of 18 years and above, other definitions talk of maturity. However, it may not be possible to establish the level of maturity at the age of 18 years inhuman beings. A juvenile is define as a person who is o longer a child and has not yet achieved maturity. At what age therefore does a person qualify to be called an adult? Or at what stage is maturity. Psychologists claim that a person who qualifies to be mature is the one who passes certain skills that are the product of both cognitive and socialization process. Due to the controversies surrounding the issue, children below the age of 18 years should be rehabilitated in the juvenile justice systems. The ability of the youth to understand the effects of their actions on the society and on their selves changes from time to time(Clement 67).. Due to the lack of agreement about the age at which the youths become adults, it is not a surprise to witness how different state laws show confusion over the issue. A state law may require that the youth who has attained the age of 16 to 17 years to be tried at the adult justice system, however, other laws within the system may prohibit these individuals from carrying out other activities such as voting as well as possessing alcoholic drinks. They are therefore forced to enter into a legal contract until they reach the age of 18 years or age 21. The inconsistency in the law shows the problem of using age as a means of determining who has achieved adulthood in the society. It is important for the justice system to recognize that other factors such as psychological and moral development in children be considered when determining their ability to make choices that are good, differentiating them from the bad. This discussion intends to help the young children understand the implications of the juvenile crime and to understand the present responses likely to be taken incase they get involve in the crime. The youth should know that justice is applicable to everyone and the youth too need to be responsible in their actions. The debate on the best approach to juvenile crime contributes little to the publics’ understanding of the crime and the possible ways of responding to the young criminal offenders. Some members of the public have also labeled the youth as “thugs”. Terms like these makes it difficult for policy makers to come up with effective measures to curb the problem. Public resources have also been misdirected to policies that have not helped in reducing juvenile crime. The debate What is the correct definition of illegal child behavior? Jane: From a legal view point, the definition of the behaviors of the children is contentious. Criminal behaviors of the children are those that are not accepted by the family or the juvenile code of the state. Juvenile codes groups behaviors into two broad categories. The first group of behaviors is those that can be de fined as criminal offenses if committed by adults while the second group consists of those behaviors that are not accepted only for children such as school truancy and running away from home. Different states have different definitions of what is considered to be illegal behavior. Brian: Like all legal definitions, the definition of behavior fails to explain the complex human dimension of behavior and juvenile justice responses to youth’s illegal behaviors. For example, law enforcement officers normally ignore some minor illegal behaviors that are not allowed by the legal codes. The law enforcement officers also respond to the youth’s illegal behaviors based on the community in which they come from. The police might arrest children who do not go to school in one society while in certain societies; the police do not even bother. At this point I would like Kennedy to explain why he thinks the youth should be punished rather than be rehabilitated. Kennedy: The youths especially those at the age of 18 years commit some of the most serious crimes in the society. They should therefore be held accountable just like other criminals. This will ensure that no more cases involving the youth in crime or a reduction of such incidences. Jane: I don’t agree with your point because these individuals at the age of 18 are still regarded as children and cannot make choices on their own. They should not be given harsh punishments; instead they should be reformed in order to obey the rules, values and norms of the society. These are very young members of the public, long jail terms such as 25 years or even life imprisonment will have an effect on their lives, they need to be taken to school and given the right education hat will enable them live a descent living in life. Kennedy: some crimes are so serious that the youth must be held accountable for them; age should not be the factor in determining the punishment. Not all crimes should be punished. In addition, a small number of juvenile offenders cannot be rehabilitated by the juvenile justice. Therefore, it is better to allocate resources to young criminals with lesser offenses who can be easily helped. Jane will agree with me that the youths have to be treated as adults and that they should be transferred to the adult criminal courts. Jane: When you transfer the young criminals into the adult courts, will they be treated as adults in those courts? Kennedy: The youth should be tried as adults. How will the juvenile justice system treat a criminal case whose actions should be considered criminal if carried by an adult? Jane: The common view held concerning the issue of an adult is that it is a person who has reached the age of 18 years and above, other definitions talk of maturity. However it may not be possible to determine the level of maturity at the age of 18 years in human beings. A juvenile is define as a person who is o longer a child and has not yet achieved maturity. At what age therefore does a person qualify to be called an adult? Or at what stage is maturity? All these difficulties concerning the definition of adulthood will pose challenges to the justice system, especially when they decide to transfer the youth to the adult justice system. I therefore disagree that the young criminals should be transferred to the adult courts Jack: The juvenile justice is not very efficient, however it has enabled criminal offenders have a second chance in life. Being given a second chance to correct mistakes is very important especially in the young members of the society who still have several years to live. Several troubled youth at risk of giving up in life have been given hope by rehabilitation programs put in place a t the juvenile justice systems. In the society there are stories of people who have returned as successful, law abiding adult to offer their gratitude those people who helped them through the system. “Devoting time and effort in helping troubled youth transform their lives and begin to thrive are just two of the greatest rewards.” Kennedy: There is no guarantee that individuals who go through the juvenile rehabilitation process will be transformed and become good law abiding citizens. There have been cases where juvenile justice systems have produced citizens who would, no doubt, create another generation of criminals. The juvenile court is a smaller version of the adult courts, why should the justice system be divided into to separate sections performing the same duty? So, what is the need of such systems? Jane: Even the adult correctional facilities have produced individuals who when they finish their jail terms, engage in serious crimes, worse than the ones they had earlier committed. Measures should be put in place to ensure that both adult and juvenile justice systems achieve their goals and objectives of effectively rehabilitating the offenders. What do you think Brian? Brian: According to me, at least two factors have had an impact on the juvenile justice system. Stories about violent youth have been aired on national television channels causing public fear of crime and the emotional reactions which are based on fear. Stories of violent youth have led to inaccurate perceptions and misconceptions about the juvenile justice system. Secondly there has been a generalization and the dramatization of the evil to show that all young people are criminals. The juvenile system has failed to effectively help the youth and its inability to control juvenile crime. How effective is this system Jane? Jane: I agree with Brian. Then exaggerated media coverage affected how people view juvenile justice systems in America. However exaggerated media coverage is being used by legislators to reduce the individualization of sanctions, and try to change the juvenile justice systems by transferring the offenders into adult correctional facilities. Some law enforcement officers contend that juvenile justice system should be abolished. What do you think of adult justice systems especially when the youth criminals are transferred there Jack? Jack: The juvenile justice system should be assessed according to the how helpful it is to the society. Much more time is being spent in discussing its usefulness than is spent on adults in the criminal justice system. Transferring juveniles into adult systems lack adequate assessment on the importance of juvenile justice system. In the adult systems there are potential risk factors such as drug abuse and other antisocial behavior that are not good for the juveniles if transferred into adult systems. There is great risk in transferring the youths into adult systems. They may be introduced to other harmful behaviors by the adults. Behaviors such as drug abuse will not be of help to the young criminals. They should therefore be separated from adults. Conclusion My true belief is that individuals at the age of 18 are still regarded as children and cannot make choices on their own. They should not be given harsh punishments; instead they should be reformed in order to obey the values, rules, and norms of the society. These are very young members of the public, long jail terms such as 25 years or even life imprisonment will have an effect on their lives, they need to be taken to school and given the right education hat will enable them live a descent living in life. The type of crime committed by the youth and the economic opportunities for the youth and the quality of training they are given should determine the responses taken to tackle the issue of juvenile crime. Other social, political and economic factors can influence juvenile justice practices. Responses taken to the youths who commit crimes such as shoplifting and disobedience to the parents should be different from responses taken when crimes such as murder ad homicide are committed. Further, I do believe that at least two factors have had an impact on the juvenile justice system. Incidences about violent youth have been aired on national television channels causing public fear of crime and the emotional reactions which are based on fear. The media should be responsible in the way they report juvenile crimes in the society. Biased and inaccurate reporting of violent youth has led to inaccurate perceptions and misconceptions about the juvenile justice system. Secondly there has been a generalization and the dramatization of the evil to show that all young people are criminals. Consequently, it is important to note that Young children who commit crime constitute a diverse population. These young criminals vary depending on their psychological and biological factors as well as the social environment in which they live. However, their biological, social and psychological variation need to taken into account when considering which type of approach whether rehabilitative or be punished. Children who commit crime due to social factors such as parental abuse and stress need to undergo counseling process. This will require psychological testing to determine the extent in which social problem has affected the young criminal. Subjecting such children to harsh punishment further aggravate the problem. Psychological torture is a major challenge and a contributor to the rising cases of crime among the youth The separation of the justice system into juvenile and adult systems is the most recent historical development. From the beginning of the 19th century, the youth had to undergo the same justice system, just like their male counterparts. Further, young children, who were to be charged of criminal offences or when found guilty, were to be given the same punishment as the adults. Presently, most Americans are aware that there is a separate justice system for both children and the adults, for instance; a separate justice sys tem for the juveniles and that for adults. However, not many people are of the manner in which these two justice systems operate or they lack an understanding of how this process works or how effective the juvenile system works. Most members of the public hold myths about the operations of the justice system thereby contributing to ideas that can affect or influence the type of policies put in place to help solve the problem.. Moreover, most Americans do not have an understanding of the social, political, and economic factors that lead to increasing crime rates among the youth that shape juvenile crime and juvenile justice practice. Even though there a number of citizens who lack an understanding of the juvenile justice system, they often consider and express strong thoughts about the causes of crime In the youth and how such criminal behaviors can be controlled. Such thoughts are often expressed in the media; the television and he radio talk shows across the country. Some members of the public have called for the establishment of measure to curb the juvenile crime as well as rehabilitating the affected children. Other members of the public advocate for stricter punishment to the youths, they argue that serious cries such as murder and homicide should be give strict punishment. Further, children do engage in serious offences, although most of the crimes are not always serious and do not cause serious injury to the body or to the property, the question that should be asked is; what is the best approach to criminal behavior in children? Which responses are more likely to help the youths learn a lesson? Taking a rehabilitative approach to the problem is the most effective way of dealing with the problem. Members of the public must realize that these are childrenwho have a long way to go and without guidance, they may become very harmful members of the public. Young criminals need to be taken to school during the rehabilitation program. Some people would argue that they can go to school even in the adult justice systems. However, I t is important to note tat children need a separate environment, far from the criminal adults for them to be fully rehabilitated. If children are allowed to freely mix with he adults in the adult justice system, other antisocial behaviors such as drug addiction can cause more problems to the children. Young criminals in the juvenile justice systems should be thoroughly assessed to determine why they engage in criminal activities (Gus 23). The assessment should involve carrying out psychological tests as well as face to face assessments to determine why they behave in certain ways. Critical assessment will determine the type of rehabilitation the young criminal is to undergo. Inaccurate assessments normally lead to misdirected effort on behaviors that may not have led to the crime. In doing the assessment, the information from school and from the young criminal’s family should be collected to make sure that no misunderstanding regarding the problem affecting juveniles occur. Collection of information from the school and family helps to uncover additional requirements necessary in fully helping the juvenile. Some of the possible causes of crime in the juveniles may include trauma and stress due to torture from parents, use of illegal drugs and other mental problems (Terrance 4). There is also the lack of consideration among citizens on the political, social, and economic perspectives that cause juvenile crime and the juvenile justice practice; this made the research and the writing affect my views concerning the topic. Even though most people do not understand the importance of the juvenile justice system, there have been strong discussions on the causes of crime by the youth and the possible ways of handling them, the public must understand the rehabilitative approach to tackling the problem is important (Champion, Merlo and Benekos 34). There are varied position held by the public concerning this issue, some hold the view that there measures should be put in place that will ensure such crimes are prevented and rehabilitate the young offender. Other members of the public call for the establishment of harsher punishment to the young criminals. They demand that youths who commit crimes be held accountable in the same way as the adults. Some of the measures proposed in dealing with the issue include arresting the violent youths, removing them out of the streets as well as reducing their number in the overcrowded American prisons. Prison overcrowding by the violent youth gangs can lead to challenging situations such as prison riots and a number of deaths. The youths may also not be able to successfully undergo the rehabilitation process. Due to the nature of the overcrowded adult prisons, it would be important to place the younger criminal in a separate justice system. Character critique Both sides of the argument were well represented. Jane and jack presented compelling arguments in the support of the juvenile justice systems while Kennedy and Brian were able to defend their position that young criminals should be transferred into the adult justice systems. Jane and jack argued that juvenile justice system ensures that criminal offenders have a second chance in life. Some of the assumptions according to Jane and Jack were that being given a second chance to correct mistakes is very important especially in the young members of the society who still have several years to live. Several troubled youth at risk of giving up in life have been given hope by rehabilitation programs put in place a t the juvenile justice systems. In the society there are stories of people who have returned as successful, law abiding adult to offer their gratitude those people who helped them through the system. Devoting time and effort in helping troubled youth transform their lives and begin to thrive are just two of the greatest rewards. On the contrary, keened and Brian argued that there is no need to have separate justice systems, both offering similar services. Both sides were able to defend their arguments using a strong language as well producing compelling evidence on the incidences in which certain individuals have gone through the justice system but have come out to be more dangerous to the society than ever. Jane and Jack won the argument by effectively persuading the audience that the juvenile justice system is effective in transforming the lives of young criminals. Works cited Champion Dean, merlo Alida and Benekos Peter. The juvenile justice system: delinquency, processing, and the law. New York, Pearson ptr, 2012. Print. Clement Mary. The juvenile justice system: law and process. New York, Butterworth Heinemann, 2002. Print. Corriero Micheal. Judging children as children: a proposal for a juvenile justice system. New York, temple University press, 2006. Print. Elrod Preston and Ryder Scott. Juvenile justice: A social, historical and legal perspective. New York, Jones & Bartlett Learning, 2011. Print. Gus Martin. Juvenile justice: process and systems. London, SAGE, 2005. Print. Klein Malcolm. The juvenile justice system. London, Sage Publications, 1976. Print. Krisberg Barry. Juvenile justice: redeeming our children. New York, SAGE, 2005. Print. Terrance Taylor. The Juvenile Justice System. London, oxford University press, 2000. Print. Read More