Preview

Juvenile Incarceration: Uncertainties In The Criminal Justice System

Satisfactory Essays
Open Document
Open Document
575 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Juvenile Incarceration: Uncertainties In The Criminal Justice System
Juvenile Incarceration
Name:
Institution:

Juvenile Incarceration
Abstract
Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to
…show more content…
This is because adolescence can be described as important transition in adulthood and it sometimes it is known to be fraught with different complications. It is of the essence to therefore, understand that there is a need to look at the system critically and ensure that each and every sub-sector of the juvenile incarceration is looked at critically and the underlying cause of the present problems looked at. Teenagers and adults are essentially different and therefore, should be assessed different in regards to their competency to stand trial. This is because, adolescence is an important transition into adulthood and it is in many cases fraught with complications. There is a need to assess the children as being children. The judicial system has been created for adults and consequently, it often becomes difficult to test the children in a court of adults. Juveniles should be assessed as to whether they were in the proper frame of mind when they committing the crime. They should also be assessed whether they could appreciate the fact that they were committing a crime and understood the consequences that came with their actions. It is for this reasons, that they can be able to stand trial in an adult court that has adult assessment

You May Also Find These Documents Helpful

  • Powerful Essays

    By the nineteenth century, many child welfare advocates reformed the country’s view on children, and the states found it counter productive to convict children along with adults. States then recognized that minors are indeed young enough to be rehabilitated. Thus being said, the United States began discussing the idea of a separate justice system specifically for juvenile cases. In 1925 an official juvenile system has been established in the United States. “Juvenile courts do not exist to punish children for their transgressions against society…The aim of the court is to provide individualized justice for children…The delinquent is the child of, rather than the enemy of society and their interests coincide.” (Ogilvie at p.…

    • 1946 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Best Essays

    Many in the criminal justice field view deterrence at the juvenile level, from future criminal ideations, as the answer to much of the crime problem. If this tenet is followed then it makes sense to try to deter the unlawful behavior in juveniles before they turn into the next population of adult convicts. Many say that the answer is to give juvenile offenders harsher penalties including the use of adult sanctioning and more punitive practices. Others advocate for treatment and protection from the adversarial nature of the adult system in the spirit of the, not so long ago history of our juvenile…

    • 3319 Words
    • 14 Pages
    Best Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    In this paper, I will look at current scholarly thought to determine the effectiveness of trying juveniles as adults in a court of law. In extreme instances, juveniles of a broad range of ages have committed violent crimes that the criminal justice system has determined to be impossible to have been committed by the accepted frame of mind of a juvenile. These juveniles were tried in adult court and sentenced accordingly. The purpose of my research is to examine juveniles who have been tried as adults and to discuss its strengths and weaknesses. I will analyze the information that I gather and will provide a strong case that this practice is appropriate. Many people believe that some crimes are so terrible that the courts should focus on the type of offense and not on the age of the accused.…

    • 1525 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    In this society, there are adolescences that happen to slip through the cracks and stay in the system of justice for criminals all through their existence even if some are bailed out by efficient guidelines during crucial developmental periods. The regulation for juvenile misconduct could be managed on criminals up until 21 years of age when the court considers that the offender is emerging. Some issues related with young crime has to do with living in an insecure family environment and family hostility, deprivation, drugs, negligent peer cliques, frequent contact with violence, media violent behavior, and easy exposure to firearms.…

    • 1112 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Trying Juveniles

    • 1368 Words
    • 6 Pages

    Trying juveniles has been a topic to the public we hear about in the judustrial system. It contains a lot of arguments which has its pros and cons. Considering being a juvenile delinquent you must commit a crime that is under the age of 18. Prosecutors can charge juveniles as adults when they are suspected of violent offenses or crime. Back in time when this happened, this treatment involved the death penalty. As of today it involves being prosecuted through adult courts and incarcerated in the adult jails and prisons. Addressing this topic is important because society is not aware what happened or what is happening to juveniles being tried as adults. After reading this paper, you will learn different offenses juveniles commit and why it leads to being tried as adults. You will know how the death penalty came in effect, ended, and the different cases that happened between times. I will talk about juveniles being prosecuted through adult courts and the benefit of it. Also juveniles being incarcerated with adults and the risks they face. My intention of writing this paper is to get you to know the research I gained from it, and hoping it interest you to do more research on it too. Do convicting a juvenile as adults helps stop crime.…

    • 1368 Words
    • 6 Pages
    Good Essays
  • Good Essays

    A description of the process the juvenile will follow after arrest, from intake, through court, sentencing, and punishment or rehabilitation. The process should be based on actual state laws and practices of your state or a state in which you are familiar. I will be using Case study two which is as follows: Xander L. is a 17-year-old African American male and documented gang member. His prior juvenile adjudications include purse snatching, breaking and entering, and drug possession. His first juvenile adjudication occurred when he was 13 years old. He has served a year of custody in the juvenile correctional facility and has been placed on probation twice previously. His instant arrest is for possession of a concealed weapon, to which he has pled guilty.…

    • 575 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Although it may seem that putting adolescents in adult prisons might teach them a lesson, and scare them into correcting the way they behave, it’s not the right decision. Putting children in with violent adults puts them in great danger, it has no effect on crime, and the kids aren’t mature enough to understand what they are doing; therefore children who commit certain crimes should not be tried as adults.…

    • 507 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Juvenile Court Process

    • 420 Words
    • 2 Pages

    In this assignment, I am required to explain the court process as it relates to the juvenile offenders in the criminal justice system. I think that first, it is very important to realize that there are many different outlets to consider when speaking on the ways in which the juvenile court process works. I think that we need to realize that there are different ways that a juvenile can be processed after committing a crime. The defendant is required to be examined to see, the severity of the crime, the number prior convictions the defendant has and the reasons and the cause of the crimes. These are all things that a prosecutor needs to know in order to determine if a juvenile is to be incarcerated or released or if they are to have other forms of punishment.…

    • 420 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    This paper explores the different views that have been in debate among society and the juvenile justice system. Since the inception of juvenile court more than a hundred years ago, the underlying debate has been that juvenile offenders shouldn’t go through the adult criminal courts. Juvenile court was originally created to handle minor offenders on the foundation of their youth rather than the crimes they commit, the focus being; to treat and guide the children as opposed to punishing them.…

    • 1493 Words
    • 6 Pages
    Better Essays
  • Good Essays

    About 100 years ago juvenile justice system was established in the United States to divert youthful offenders from the destructive punishment of criminal courts, encouraging rehabilitation. Under most state laws, juvenile offenders do not commit "crimes." They commit delinquent acts, some of which are acts that would constitute crimes if committed by an adult. The trial phase of a juvenile case is an adjudication hearing. This means that the judge hears the evidence and determines whether the child is delinquent. The court may then take whatever action it deems to be in the child 's best interest. The purpose is to rehabilitate, not punish (Citigate). Besides revalidation, financial cost is another reason for juveniles to be tried less harsh. It costs much more to detain a juvenile than an adult. The average cost of holding a teenager in a juvenile facility was $33,000 in 1990, the last year data was available. The average cost of holding an adult prisoner was about $23,000 in 1992, the most recent year for which data is available (Levitt).…

    • 577 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dissertation research

    • 860 Words
    • 4 Pages

    Juvenile corrections are constantly changing in the United States. Propose a thesis on whether the juvenile corrections are strict enough to rehabilitate juvenile offenders. Another topic is the age when a juvenile should be tried as an adult. A dissertation can also set out to prove if juvenile corrections and prisons are the only way to rehabilitate juvenile offenders in areas of burglary, rape or murder.…

    • 860 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Juvenile Punishment

    • 692 Words
    • 2 Pages

    Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex.…

    • 692 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Juvenile Deliquency

    • 5546 Words
    • 23 Pages

    Is also known as juvenile offending, or youth crime, is participation in illegal behavior by minors (juveniles) who fall under a statutory age limit. Mostlegal systems prescribe specific procedures for dealing with juveniles,…

    • 5546 Words
    • 23 Pages
    Powerful Essays

Related Topics