Cja 204 Juvenile Justice System Research Paper
Juvenile Justice System
Carlos M. Lino Rios
University of Phoenix
CJA/204 - INTRODUCTION TO CRIMINAL JUSTICE
March 18, 2013
David Kurylowicz, MBA
Juvenile Justice System
There is a rationale in society that juveniles are still in development state and their
Behavior can be malleable. This means that bad or erratic behavior can be change with appropriate treatment, rehabilitation, and influence by an active community. A juvenile is defined by the law as any person under the age of eighteen.
Juvenile delinquency is consider an illegal act or offense committed by an underage person that if the person were an adult it would have been considered a crime. Because of this distinction set in place to protect minors; there are juvenile courts …show more content…
and facilities specifically created to manage these juvenile delinquents. The focus of the juvenile court not on the offense itself, but rather it focuses on the offender and on the possible alternatives to assist in the rehabilitation rather than mere punishment. The main goal is to reduce the recidivism rate in juveniles allowing them to re-integrate into society (Juvenile Justice. 2013).
Offenses can fluctuate from status offenses, to property crimes, and violent crimes.
Status offenses are consider minor offense that under the law of a jurisdiction would not be consider a crime if committed by an adult; such as running away, being ungovernable or incorrigible, violating curfew laws, or possessing alcohol or tobacco (American Bar Association. n.d.).
The Finkelhor (2000) website defines property crime as the illegal taking or damaging of property, including cash, and personal belongings. Examples include burglary, theft, robbery, and vandalism. In many instances, the offender acts furtively, and the victim is often not present when the crime occurs.
The FBI’s Uniform Crime Reporting (UCR) Program defines violent crime as a behavior by persons, against persons or property that intentionally threatens, attempts, or inflicts physical harm. Violent crime is composed of four offenses: murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault (The Uniform Crime Reports. …show more content…
2010).
The differences between juvenile court and criminal court are well demarked. According to the Juvenile Justice (2013) website, a juvenile offender is judged "delinquent" rather than "guilty." Sentencing varies and ranges from restorative justice programs, to community service, detention at a juvenile facility, and in some instances adult prison. Punishment is based on the juveniles’ severity of the violation, the criminal record of the offender, and the person’s personal history. Punishment can be applied until it is determined that the juvenile is rehabilitated, or when the juvenile reaches the age of 18. Sometimes, parents would also be found liable for the offense committed by their son or daughter and become responsible for financial restitution of the victim.
Juveniles are protected by the law and many limitations are generally placed on public access to juvenile records and trials because of the belief that juvenile offenders can be rehabilitated. Their privacy is of absolute concern to avoid stigmatization (Juvenile Justice. 2013). Offenders of criminal law will have generally their criminal records available for public record and open access to their trial. The justice system follows a psychological approach when dealing with juveniles. The juvenile justice system examines the social history of the person to understand better their needs and mental state and apply an appropriate program to rehabilitate the person. Juvenile offenders face hearings by a judge, rather than a trial by a jury. Adult defendants in the criminal justice system are put on trial by jury, which is based largely on legal facts and evidence, and seek punishment rather than rehabilitation (Juvenile Justice. 2013).
Juveniles can be placed on preventative detention by law enforcement for their own protection or the community 's protection. Defendants in criminal court have the right to apply for bond or bail. Parole programs for juveniles generally combine supervision with activities to reintegrate them into society, while parole for adults is limited to monitoring for violations to their parole conditions (Juveniles as Offenders. 2010).
Statistics show a decline of juvenile delinquency over the last 20 years. However, the general public opinion is that these rates have increased on recent times. This perception is a contributing factor in implementing tougher punishment for juveniles and to try them in adult courts for certain crimes. Different research shows that incarceration does not necessarily means rehabilitation for juvenile offenders; in fact, more youth who end in juvenile halls or state prisons are actually non-violent offenders. In 2010, there were 4,857 arrests for every 100,000 youths ages 10 through 17 in the United States. The overall juvenile arrest rate was 24% lower in 2010 than in 1980 (Juvenile Justice. 2013).
The effects of more juveniles being tried as adults have not had a significant impact when compared to those tried in juvenile court system. Other studies show a higher recidivism rate from those who were tried on criminal courts. An argument against trying juveniles in adult courts is that this do not deter them from reoffending, and that juveniles which served time in adult institutions will be influence by adult career criminals into furthering their criminal behavior (Does treating kids like adults makes a Difference? 2013).
A counterargument to the differentiation between juvenile and adult court is that some juvenile criminals must be punished as an adult would on crimes of extreme violence, and exalted to the maximum possible punishment by the law.
The case of Ohio vs. Mays and Richmond was just highly publicized for the involvement of two high school football stars that raped a 16 year old female student. The 16 and 17 year old men sexually abused of the heavily intoxicated girl and published several pictures of their acts on social media websites.
Special Judge Lipps announced his ruling in juvenile court in Steubenville Sunday by saying that both 17-year-old Steubenville High School quarterback Trent Mays and 16-year-old wide receiver Ma’Lik Richmond, both stars on the football team, “are hereby adjudicated delinquent beyond a reasonable doubt on all three counts as charged.” The verdict is the equivalent of a guilty verdict in adult court, said Lipps (Red, C. 2013).
Trent Mays was sentence to two years for one count of rape and a second sentence for distributing the images.
Ma’Lik Richmond was sentenced to one year minimum mandatory sentence, although both could serve time until they reach the age of 21. These men are facing the consequences of their criminal acts and could be potentially registered as sex offenders for the rest of their lives. An adult convicted for the same crime could serve over a decade in prison and be register as a sex offender for life. Only a few months from being considered adults changed the outcome for these offenders that could be going to prison instead of juvenile
hall.
References
American Bar Association (n.d.) Juvenile Status Offenses. Retrieved from http://act4juvenilejustice.org/media/factsheets/factsheet_17.pdf Does Treating Kids Like Adults Makes a Difference? (2013). Retrieved from http://www.pbs.org wgbh/pages/frontline/shows/juvenile/stats/kidslikeadults.html
Finkelhor, D. (2000). Juvenile Victims of Property Crimes. Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/184740.pdf
Juveniles as Offenders. (2010). Retrieved from http://ojjdp.gov/ojstatbb/offenders/qa03301.asp
Juvenile Justice. (2013). Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html
Juvenile Justice History. (n.d.). Retrieved from http://www.cjcj.org/juvenile/justice/juvenile/justice/history/0 Law Enforcement & Juvenile Crime. (n.d.). Retrieved from http://www.ojjdp.gov/ojstatbb/crime/jar.asp
Red, C. (2013). Steubenville rape case: Victim hopes one day to forgive Trent Mays & Ma’Lik Richmond, who were found guilty in rape of 16-year-old by Ohio judge Read more: http://www.nydailynews.com/news/national/steubenville-high-school-football-players-found-guilty-rape-16-year-old-judge-article-1.1291087#ixzz2Nw6fVt6c. Retrieved from http://www.nydailynews.com/sports/steubenville-high-school-football-players-found-guilty-rape-16-year-old-judge-article-1.1291087
Uniform Crime Reports. (2010). Retrieved from http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime
Carlos M. Lino Rios
University of Phoenix
CJA/204 - INTRODUCTION TO CRIMINAL JUSTICE
March 18, 2013
David Kurylowicz, MBA
Juvenile Justice System
There is a rationale in society that juveniles are still in development state and their
Behavior can be malleable. This means that bad or erratic behavior can be change with appropriate treatment, rehabilitation, and influence by an active community. A juvenile is defined by the law as any person under the age of eighteen.
Juvenile delinquency is consider an illegal act or offense committed by an underage person that if the person were an adult it would have been considered a crime. Because of this distinction set in place to protect minors; there are juvenile courts …show more content…
and facilities specifically created to manage these juvenile delinquents. The focus of the juvenile court not on the offense itself, but rather it focuses on the offender and on the possible alternatives to assist in the rehabilitation rather than mere punishment. The main goal is to reduce the recidivism rate in juveniles allowing them to re-integrate into society (Juvenile Justice. 2013).
Offenses can fluctuate from status offenses, to property crimes, and violent crimes.
Status offenses are consider minor offense that under the law of a jurisdiction would not be consider a crime if committed by an adult; such as running away, being ungovernable or incorrigible, violating curfew laws, or possessing alcohol or tobacco (American Bar Association. n.d.).
The Finkelhor (2000) website defines property crime as the illegal taking or damaging of property, including cash, and personal belongings. Examples include burglary, theft, robbery, and vandalism. In many instances, the offender acts furtively, and the victim is often not present when the crime occurs.
The FBI’s Uniform Crime Reporting (UCR) Program defines violent crime as a behavior by persons, against persons or property that intentionally threatens, attempts, or inflicts physical harm. Violent crime is composed of four offenses: murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault (The Uniform Crime Reports. …show more content…
2010).
The differences between juvenile court and criminal court are well demarked. According to the Juvenile Justice (2013) website, a juvenile offender is judged "delinquent" rather than "guilty." Sentencing varies and ranges from restorative justice programs, to community service, detention at a juvenile facility, and in some instances adult prison. Punishment is based on the juveniles’ severity of the violation, the criminal record of the offender, and the person’s personal history. Punishment can be applied until it is determined that the juvenile is rehabilitated, or when the juvenile reaches the age of 18. Sometimes, parents would also be found liable for the offense committed by their son or daughter and become responsible for financial restitution of the victim.
Juveniles are protected by the law and many limitations are generally placed on public access to juvenile records and trials because of the belief that juvenile offenders can be rehabilitated. Their privacy is of absolute concern to avoid stigmatization (Juvenile Justice. 2013). Offenders of criminal law will have generally their criminal records available for public record and open access to their trial. The justice system follows a psychological approach when dealing with juveniles. The juvenile justice system examines the social history of the person to understand better their needs and mental state and apply an appropriate program to rehabilitate the person. Juvenile offenders face hearings by a judge, rather than a trial by a jury. Adult defendants in the criminal justice system are put on trial by jury, which is based largely on legal facts and evidence, and seek punishment rather than rehabilitation (Juvenile Justice. 2013).
Juveniles can be placed on preventative detention by law enforcement for their own protection or the community 's protection. Defendants in criminal court have the right to apply for bond or bail. Parole programs for juveniles generally combine supervision with activities to reintegrate them into society, while parole for adults is limited to monitoring for violations to their parole conditions (Juveniles as Offenders. 2010).
Statistics show a decline of juvenile delinquency over the last 20 years. However, the general public opinion is that these rates have increased on recent times. This perception is a contributing factor in implementing tougher punishment for juveniles and to try them in adult courts for certain crimes. Different research shows that incarceration does not necessarily means rehabilitation for juvenile offenders; in fact, more youth who end in juvenile halls or state prisons are actually non-violent offenders. In 2010, there were 4,857 arrests for every 100,000 youths ages 10 through 17 in the United States. The overall juvenile arrest rate was 24% lower in 2010 than in 1980 (Juvenile Justice. 2013).
The effects of more juveniles being tried as adults have not had a significant impact when compared to those tried in juvenile court system. Other studies show a higher recidivism rate from those who were tried on criminal courts. An argument against trying juveniles in adult courts is that this do not deter them from reoffending, and that juveniles which served time in adult institutions will be influence by adult career criminals into furthering their criminal behavior (Does treating kids like adults makes a Difference? 2013).
A counterargument to the differentiation between juvenile and adult court is that some juvenile criminals must be punished as an adult would on crimes of extreme violence, and exalted to the maximum possible punishment by the law.
The case of Ohio vs. Mays and Richmond was just highly publicized for the involvement of two high school football stars that raped a 16 year old female student. The 16 and 17 year old men sexually abused of the heavily intoxicated girl and published several pictures of their acts on social media websites.
Special Judge Lipps announced his ruling in juvenile court in Steubenville Sunday by saying that both 17-year-old Steubenville High School quarterback Trent Mays and 16-year-old wide receiver Ma’Lik Richmond, both stars on the football team, “are hereby adjudicated delinquent beyond a reasonable doubt on all three counts as charged.” The verdict is the equivalent of a guilty verdict in adult court, said Lipps (Red, C. 2013).
Trent Mays was sentence to two years for one count of rape and a second sentence for distributing the images.
Ma’Lik Richmond was sentenced to one year minimum mandatory sentence, although both could serve time until they reach the age of 21. These men are facing the consequences of their criminal acts and could be potentially registered as sex offenders for the rest of their lives. An adult convicted for the same crime could serve over a decade in prison and be register as a sex offender for life. Only a few months from being considered adults changed the outcome for these offenders that could be going to prison instead of juvenile
hall.
References
American Bar Association (n.d.) Juvenile Status Offenses. Retrieved from http://act4juvenilejustice.org/media/factsheets/factsheet_17.pdf Does Treating Kids Like Adults Makes a Difference? (2013). Retrieved from http://www.pbs.org wgbh/pages/frontline/shows/juvenile/stats/kidslikeadults.html
Finkelhor, D. (2000). Juvenile Victims of Property Crimes. Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/184740.pdf
Juveniles as Offenders. (2010). Retrieved from http://ojjdp.gov/ojstatbb/offenders/qa03301.asp
Juvenile Justice. (2013). Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html
Juvenile Justice History. (n.d.). Retrieved from http://www.cjcj.org/juvenile/justice/juvenile/justice/history/0 Law Enforcement & Juvenile Crime. (n.d.). Retrieved from http://www.ojjdp.gov/ojstatbb/crime/jar.asp
Red, C. (2013). Steubenville rape case: Victim hopes one day to forgive Trent Mays & Ma’Lik Richmond, who were found guilty in rape of 16-year-old by Ohio judge Read more: http://www.nydailynews.com/news/national/steubenville-high-school-football-players-found-guilty-rape-16-year-old-judge-article-1.1291087#ixzz2Nw6fVt6c. Retrieved from http://www.nydailynews.com/sports/steubenville-high-school-football-players-found-guilty-rape-16-year-old-judge-article-1.1291087
Uniform Crime Reports. (2010). Retrieved from http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime