More Subjects
[Title]
[Name of Student]
[Name of College/University]
Introduction
In the US the juvenile justice system was established about a hundred years ago with the aim of distracting youthful offenders from the damaging punishments of criminal courts and boosting rehabilitation founded on needs of an individual juvenile. In a number of ways, the system was to contrast from the criminal court or adult. The focus was that an adolescent or child in need of assistance, not the act that brought an adolescent or child before the court. There were informal proceeding and much discretion left to the judge of the juvenile court. Because the juvenile court judge was to behave in the best interests of an adolescent or child while procedural safeguards were present to adults that including the right to confront one’s accuser, the right to trial by jury, and the right to know the charge brought against one, the right to an attorney, were believed unnecessary. The juvenile records were kept confidential and the proceedings were closed to the public so that one may not interfere with the ability of adolescent or child and to be reintegrated and rehabilitated into society. The exact language used in the juvenile court highlighted these variances. Juveniles are charged with delinquencies but not with crimes; they are adjudicated delinquent but not found guilty; they are sent to reformatory or training schools but not to prison.
Discussion
The Juvenile Arrest Procedures
Based on the notion that adults and juveniles need to be treated differently in the US. Because the majority of juvenile arrests are nonviolent crimes except a tiny portion that may be for status offenses like running away, truancy and curfew violations,. There are three categories of youths according to the jurisdiction of the juvenile court and that include dependent and neglected children, delinquents, status offenders. However, age is the most significant criterions that distinguish juvenile and adult courts in the US and are subject to different arrest procedures. Criminal defense attorney comprehends the will that protects the right to a fair trial and the delicate tones of the law.
If a police officer has observed an adolescent or child in committing a crime he may arrest him or her when the warrant has been issued by a judge or there is a reasonable belief. Against self-incrimination, the 5th amendment of the US Constitution gives protection ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rcd6eIN2","properties":{"formattedCitation":"(Cole, Smith, and DeJong 2018)","plainCitation":"(Cole, Smith, and DeJong 2018)","noteIndex":0},"citationItems":[{"id":77,"uris":["http://zotero.org/users/local/4cj2SgiL/items/AXPBKTGI"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/AXPBKTGI"],"itemData":{"id":77,"type":"book","title":"The American System of Criminal Justice","publisher":"Cengage Learning","number-of-pages":"869","source":"Google Books","abstract":"This classic best seller, commonly referred to as The Eagle, helps students discover the challenges of pursuing justice in our society and identify the roles individuals play in the criminal justice system. Using an interdisciplinary lens, THE AMERICAN SYSTEM OF CRIMINAL JUSTICE, 16th Edition, presents elements from criminology, sociology, law, history, psychology, and political science. This approach challenges students to ask important questions and recognize contemporary problems as the means to build their understanding of the system's components and stages as well as its human consequences and policy challenges. Cole, Smith, and DeJong offer solid scholarship, approachable writing, and current, compelling events and cases that hold students' attention, thereby preparing them to participate in the system as citizens and future criminal justice practitioners.Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.","ISBN":"978-1-337-55890-7","note":"Google-Books-ID: Ra9EDwAAQBAJ","language":"en","author":[{"family":"Cole","given":"George F."},{"family":"Smith","given":"Christopher E."},{"family":"DeJong","given":"Christina"}],"issued":{"date-parts":[["2018",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cole, Smith, and DeJong 2018). The police officer needs to inform their Miranda Rights when placing a juvenile or an adult under arrest. A juvenile or adult has the right to be advised of the charges that are made against them. However, generally, there are the same arrest procedures for juveniles and adults. A juvenile may be questioned without the presence of his or her parents. When a juvenile confesses the questions asked by the police officer, the juvenile court judge possibly will determine whether the juvenile completely comprehends its constitutional rights. Both juveniles and adults have the right to an attorney when the charges have involved a severe crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3kYNd56q","properties":{"formattedCitation":"(Siegel and Worrall 2018)","plainCitation":"(Siegel and Worrall 2018)","noteIndex":0},"citationItems":[{"id":75,"uris":["http://zotero.org/users/local/4cj2SgiL/items/FJIX67GI"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/FJIX67GI"],"itemData":{"id":75,"type":"book","title":"Essentials of Criminal Justice","publisher":"Cengage Learning","number-of-pages":"470","source":"Google Books","abstract":"ESSENTIALS OF CRIMINAL JUSTICE, 11th Edition, provides students with thorough, objective coverage of all the latest research in the field, cutting-edge topical and case discussions, and the richest examination of career options to be found in a criminal justice text -- all in fewer than 500 pages. The text is ideal for those who want the proven reliability of Siegel and Worrall's authorship in a shorter, paperback presentation. The authors make their impeccable scholarship accessible by using integrated learning objectives, visuals, and a unique theme designed to correct students’ misperceptions and biases. Students grapple with ethical concerns faced by agents of the criminal justice system in their professional lives, and are challenged to make informed decisions about what does and doesn't work in criminal justice.Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.","ISBN":"978-1-337-55777-1","note":"Google-Books-ID: Ka9EDwAAQBAJ","language":"en","author":[{"family":"Siegel","given":"Larry J."},{"family":"Worrall","given":"John L."}],"issued":{"date-parts":[["2018",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Siegel and Worrall 2018).
The aim that juvenile courts were established because society recognized that juveniles lack cognitive developments. Political and sociological changes of attitudes instigated legislators to consider they required to be “thought on crime” and shift of juvenile court to adult court ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"qlV7rZ3M","properties":{"formattedCitation":"(Scialabba n.d.)","plainCitation":"(Scialabba n.d.)","noteIndex":0},"citationItems":[{"id":62,"uris":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"itemData":{"id":62,"type":"webpage","title":"Should Juveniles Be Charged as Adults in the Criminal Justice System?","abstract":"Results of “tough on crime” policies demonstrate that they have failed.","URL":"https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/","language":"en","author":[{"family":"Scialabba","given":"Nicole"}],"accessed":{"date-parts":[["2019",5,8]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Scialabba n.d.). These policies resulted in failure because recidivism for juveniles increased when prosecuted in adult against the juvenile court. Reforms are desirable as quickly as possible to prosecute further juveniles in adult court started and emphasis needs to be on the best interest of a juvenile when charged with the crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"obCIcCsL","properties":{"formattedCitation":"(Scialabba n.d.)","plainCitation":"(Scialabba n.d.)","noteIndex":0},"citationItems":[{"id":62,"uris":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"itemData":{"id":62,"type":"webpage","title":"Should Juveniles Be Charged as Adults in the Criminal Justice System?","abstract":"Results of “tough on crime” policies demonstrate that they have failed.","URL":"https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/","language":"en","author":[{"family":"Scialabba","given":"Nicole"}],"accessed":{"date-parts":[["2019",5,8]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Scialabba n.d.). When juveniles released from facilities they require resources to prepare them to succeed, rather than bear the devastating impacts being kept in adult prisons systems. In the court system juveniles needs to be treated as juveniles with greater emphasis on rehabilitation rather than punishment ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"gRMLgLAz","properties":{"formattedCitation":"(Scialabba n.d.)","plainCitation":"(Scialabba n.d.)","noteIndex":0},"citationItems":[{"id":62,"uris":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/4YUFA2DY"],"itemData":{"id":62,"type":"webpage","title":"Should Juveniles Be Charged as Adults in the Criminal Justice System?","abstract":"Results of “tough on crime” policies demonstrate that they have failed.","URL":"https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/","language":"en","author":[{"family":"Scialabba","given":"Nicole"}],"accessed":{"date-parts":[["2019",5,8]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Scialabba n.d.).
Stages of Juvenile Justice Trial
In most of the juvenile justice trial the procedures are held before the juvenile court judge. Though, in some cases, a jury trial can be requested by a juvenile because he or she has some legal protections. The jury or judge will make a determination of whether a petition has been proven or not. However, both the juvenile and adult processes are similar but a slightly different terminology has been used. In a formal process, the juvenile court can send the juvenile to a Diversion Program rather than conduct the petition formally. While an informal trial involves a pre-trial conference, adjudication, and dispositional hearing. The Juvenile Division of the Family Court is treatment and rehabilitation for the aberrant youth, not punishment ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"7ri1k7Wb","properties":{"formattedCitation":"(Siegel and Welsh 2014)","plainCitation":"(Siegel and Welsh 2014)","noteIndex":0},"citationItems":[{"id":71,"uris":["http://zotero.org/users/local/4cj2SgiL/items/3XPUEU9G"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/3XPUEU9G"],"itemData":{"id":71,"type":"book","title":"Juvenile Delinquency: Theory, Practice, and Law","publisher":"Cengage Learning","number-of-pages":"722","source":"Google Books","abstract":"Unrivaled in its current coverage of topics, the twelfth edition of best-selling JUVENILE DELINQUENCY: THEORY, PRACTICE, AND LAW provides you with timely coverage of theory, policy, and the latest research. Praised for its balanced approach and for the authors' engaging writing style, this book will help you understand the nature of delinquency and its causes, as well as current strategies being used to control or eliminate its occurrence.Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.","ISBN":"978-1-285-45840-3","note":"Google-Books-ID: SuEbCgAAQBAJ","title-short":"Juvenile Delinquency","language":"en","author":[{"family":"Siegel","given":"Larry J."},{"family":"Welsh","given":"Brandon C."}],"issued":{"date-parts":[["2014",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Siegel and Welsh 2014).
Petition
As prosecuting attorney reviews the facts and reports after a police investigation to decide whether court actions are necessary or not. If it is necessary that the prosecutor issues a petition, and the offense or offenses are listed with which the juvenile is charges.
Preliminary Inquiry
The constitutional rights and the charged offenses are informed to the juvenile. The juvenile division formally starts the processes and can dismiss the petition by warning the juvenile or refers to the juvenile for voluntary consoling. In addition, the division can place the juvenile on informal probation if he or she qualifies and it is in the best interest of the public and juvenile. Moreover, on the "formal docket" of court, the division can schedule a further hearing. While if the juvenile takes accountability for the offense for offenses, the division can plan a "plea and disposition" hearing. With terms and condition, the juvenile can be to his or her parents.
Pre-Trial Conference
A pre-trial conference may be planned when the juvenile refuses to admit responsibility initially. The attorney of juvenile and prosecuting attorney have meeting whether the juvenile may be plead to different offense or charged offense. To attend pre-trial conferences, crime victims are fortified to attend so that the prosecutor may deliberate various options for deciding the case.
Adjudication
A case may be decided by trial verdict or guilty pleas when the juvenile has committed an offense. In a judge or jury trial, the prosecution needs to prove the responsibilities of juvenile beyond a rational doubt. The juvenile is not bound to his or her innocence.
Disposition
The disposition is the same as that of an adult court "sentencing". While a report of probation agent summarizes the need for services and background of the juvenile by recommending the terms of disposition. By considering the information the juvenile court judge decides the final terms and condition of the disposition. In addition the judge needs to order programs and services suitable welfare of society and juvenile with its wide latitude. Typical disposition includes restitution, community services, and letter of apology to victim, counseling, and probation.
The juvenile court focuses more on the potential of the juvenile offender for rehabilitation than its punishment and the court operates according to the doctrine of parens patriae. However, the increase in juvenile crimes led various jurisdictions to device more disciplinary options in the 1980s and 1990s. For the youthful offenders, the options include a waiver to adult court. In return, such changes have led various scholarships to question about the future of the juvenile courts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"bUWjtULy","properties":{"formattedCitation":"(Siegel and Welsh 2014)","plainCitation":"(Siegel and Welsh 2014)","noteIndex":0},"citationItems":[{"id":71,"uris":["http://zotero.org/users/local/4cj2SgiL/items/3XPUEU9G"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/3XPUEU9G"],"itemData":{"id":71,"type":"book","title":"Juvenile Delinquency: Theory, Practice, and Law","publisher":"Cengage Learning","number-of-pages":"722","source":"Google Books","abstract":"Unrivaled in its current coverage of topics, the twelfth edition of best-selling JUVENILE DELINQUENCY: THEORY, PRACTICE, AND LAW provides you with timely coverage of theory, policy, and the latest research. Praised for its balanced approach and for the authors' engaging writing style, this book will help you understand the nature of delinquency and its causes, as well as current strategies being used to control or eliminate its occurrence.Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.","ISBN":"978-1-285-45840-3","note":"Google-Books-ID: SuEbCgAAQBAJ","title-short":"Juvenile Delinquency","language":"en","author":[{"family":"Siegel","given":"Larry J."},{"family":"Welsh","given":"Brandon C."}],"issued":{"date-parts":[["2014",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Siegel and Welsh 2014). Such policies reflect broader jurisprudential changes of the juvenile court from rehabilitation to retribution ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"hVKaMCUc","properties":{"formattedCitation":"(Knight n.d.)","plainCitation":"(Knight n.d.)","noteIndex":0},"citationItems":[{"id":73,"uris":["http://zotero.org/users/local/4cj2SgiL/items/5IHHIXGP"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/5IHHIXGP"],"itemData":{"id":73,"type":"webpage","title":"Juvenile Justice—Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS): a cluster randomized trial targeting system-wide improvement in substance use services | Implementation Science | Full Text","URL":"https://implementationscience.biomedcentral.com/articles/10.1186/s13012-016-0423-5","author":[{"family":"Knight","given":"Danica K."}],"accessed":{"date-parts":[["2019",5,9]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Knight n.d.). However, there is an increasing gap between punitive reality and rehabilitation and there is little evidence that training schools effectively treat juveniles or decrease their recidivism rates.
Treatment Options Available for Juvenile Offenders
In dealing effectively with the juvenile offenders, we need to apply psychological, social, ethical and legal principles on a ground of dual concern for the individual child and juvenile. In this regard, the treatment option available for a juvenile offender includes Guided Group Interaction (GGI), individual counseling, behavior modification, psychotherapy reality therapy, group therapy, Positive Peer Culture, and vocational and educational treatment programs.
Individual counseling does not try to shift the personality of juveniles, rather it tries to help them understand and solve their present adjustment. While psychotherapy needs a wide analysis of the juvenile’s childhood involvements. The therapist tries to help the juvenile to resolve conflicts and have more positive adjustments by shifting negative behavior. On the other hand, reality therapy forces the contemporary behavior of the juvenile offender by making juveniles totally responsible for their actions. On the other hand, behavior modification is based on the notion that all behavior is learned and contemporary behavior is constructed, however, a system of rewards and punishments. While Guided Group Interaction (GGI) is grounded on the notion that by group interactions, a juvenile may begin to realize and solve contemporary problems. While Positive Peer Culture is founded on a program peer leaders make others indorse to conventional behaviors.
Family treatment, however, is the most effective way for juvenile corrections, but this intervention can be positive or negative. The effective family treatment for the juvenile offender is significant and that include functional family therapy, multidimensional family therapy, and. multisystem therapy ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"XemQmDck","properties":{"formattedCitation":"(Henggeler and Schaeffer 2010)","plainCitation":"(Henggeler and Schaeffer 2010)","noteIndex":0},"citationItems":[{"id":67,"uris":["http://zotero.org/users/local/4cj2SgiL/items/CF8TZXL8"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/CF8TZXL8"],"itemData":{"id":67,"type":"article-journal","title":"Treating Serious Emotional and Behavioural Problems Using Multisystemic Therapy","container-title":"Australian and New Zealand Journal of Family Therapy","page":"149-164","volume":"31","issue":"2","source":"Cambridge Core","abstract":"Multisystemic therapy (MST) is a family- and community-based treatment of serious emotional and behavioural problems presented by adolescents. The development of this model began in the late 1970s, and today MST is a leading evidence-based treatment of serious antisocial behaviour in youths, with programs transported to more than 30 states in the United States and 12 nations, including Australia and New Zealand. This article rerviews the theoretical rationale that underlies MST and presents the central clinical features of the intervention model. In addition, the training and quality assurance protocols used to promote MST program fidelity and treatment adherence are described. Finally, findings from approximately 15 published randomised and two quasi-experimental clinical trials with youths presenting serious clinical problems (e.g., violence, substance abuse, serious emotional disturbance, sexual offending, and chronic illness) are summarised.","URL":"https://www.cambridge.org/core/journals/australian-and-new-zealand-journal-of-family-therapy/article/treating-serious-emotional-and-behavioural-problems-using-multisystemic-therapy/FEE54A46D4BA9FE3F386F935C37028F3","DOI":"10.1375/anft.31.2.149","ISSN":"1467-8438, 0814-723X","language":"en","author":[{"family":"Henggeler","given":"Scott W."},{"family":"Schaeffer","given":"Cindy M."}],"issued":{"date-parts":[["2010",6]]},"accessed":{"date-parts":[["2019",5,9]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Henggeler and Schaeffer 2010). These treatments show promise in strengthening families and decreasing juvenile delinquent behavior and substance abuse.
Conclusion
Information about the developmental stage of juvenile has significant inferences for juvenile justice policy, providing the agenda for a system for the child offenders and decreasing them from crimes. The overarching aim of the juvenile justice system should be to support the prosaically development of a juvenile ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"I6SdbsGo","properties":{"formattedCitation":"(Rizer and Nation 400AD)","plainCitation":"(Rizer and Nation 400AD)","noteIndex":0},"citationItems":[{"id":69,"uris":["http://zotero.org/users/local/4cj2SgiL/items/3CZYFWXM"],"uri":["http://zotero.org/users/local/4cj2SgiL/items/3CZYFWXM"],"itemData":{"id":69,"type":"webpage","title":"Why Juvenile Justice Reform Is Necessary to Restore Opportunity to Youth","container-title":"HuffPost","abstract":"Recidivism rates for youth involved in the system have remained persistently high. However, reforming the system would prevent youthful mistakes from bec...","URL":"https://www.huffpost.com/entry/why-juvenile-justice-refo_b_9774644","language":"en","author":[{"family":"Rizer","given":"Monique"},{"family":"Nation","given":"ContributorExecutive Director at Opportunity"}],"issued":{"date-parts":[["0400"]],"season":"56:16"},"accessed":{"date-parts":[["2019",5,9]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rizer and Nation 400AD). The courts need to treat youth fairly by preventing further offending and actions should be carried out in a developmentally informed manner. In this regard, the report that was supported by the US Department of justice concludes that changes should be needed if the juvenile justice system has to meet its goals of treating them fairly, preventing reoffending, and holding adolescents accountable.
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Cole, George F., Christopher E. Smith, and Christina DeJong. 2018. The American System of Criminal Justice. Cengage Learning.
Henggeler, Scott W., and Cindy M. Schaeffer. 2010. “Treating Serious Emotional and Behavioural Problems Using Multisystemic Therapy.” Australian and New Zealand Journal of Family Therapy 31(2): 149–64. https://www.cambridge.org/core/journals/australian-and-new-zealand-journal-of-family-therapy/article/treating-serious-emotional-and-behavioural-problems-using-multisystemic-therapy/FEE54A46D4BA9FE3F386F935C37028F3 (May 9, 2019).
Knight, Danica K. “Juvenile Justice—Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS): A Cluster Randomized Trial Targeting System-Wide Improvement in Substance Use Services | Implementation Science | Full Text.” https://implementationscience.biomedcentral.com/articles/10.1186/s13012-016-0423-5 (May 9, 2019).
Rizer, Monique, and ContributorExecutive Director at Opportunity Nation. 400AD. “Why Juvenile Justice Reform Is Necessary to Restore Opportunity to Youth.” HuffPost. https://www.huffpost.com/entry/why-juvenile-justice-refo_b_9774644 (May 9, 2019).
Scialabba, Nicole. “Should Juveniles Be Charged as Adults in the Criminal Justice System?” https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/ (May 8, 2019).
Siegel, Larry J., and Brandon C. Welsh. 2014. Juvenile Delinquency: Theory, Practice, and Law. Cengage Learning.
Siegel, Larry J., and John L. Worrall. 2018. Essentials of Criminal Justice. Cengage Learning.
More Subjects
Join our mailing list
© All Rights Reserved 2024