The Juvenile Court System — Essay Example A major issue facing the juvenile justice system, and one that reflects problems within the foundation of the system itself, is how young offenders are initially treated and held, before the trial process. Laws dictating rights of adult suspects are not necessarily applied to juveniles, and this is due to an unresolved and halfway approach to juvenile crime to begin with.
However, juvenile justice has not always been driven by this philosophy. Prior to the 19th century, the criminal justice system treated all individuals over age 5 equally. They claimed that society could control juvenile delinquency if it attacked its causes—namely, poor education, poor morals, and poor standards of behavior—thus alerting juveniles to The canadian juvenile justice system essay wrongdoings in society.
The child savers, mostly women, were self-proclaimed altruists and humanitarians who focused on protecting the interests of all children in an increasingly industrialized society, particularly those in the lower class.
Their mission was to rehabilitate deviant youth without the stigma of a lifetime criminal record. Although the child savers claimed to be a neutral group, critics contended that the movement was more an effort to control lower-class children than protect these juveniles from societal harm.
While the act did not create a new legal system for juveniles, its rules of procedure, outlining the best court practices when considering juvenile cases, were extensively copied.
These procedures followed the British legal concept of parens patriae, a doctrine whereby the State acts in the best interests of the child through the protection, supervision, and upkeep of juveniles within its jurisdiction. This gives the court sentencing discretion, such as probation under guardianship, placement in a school of detention or reformatory, and protection from incarceration with adult offenders.
One key distinction of the juvenile court is the privacy of a juvenile criminal record, thus preventing the stigma of a permanent adult record. The doctrine of parens patriae was so dominant in the early stages of the juvenile justice system that in Commonwealth v. Acting in the best interests of the child, in most situations, suggests that the goal of the courts is rehabilitation so that juveniles can become productive members of the community.
Key Legal Decisions and Juvenile Justice Policy Even with the establishment of a system focused on parens patriae, opponents questioned its effectiveness in rehabilitation, particularly if juveniles were held in institutional settings not unlike adult prisons.
Critics argued that if juveniles faced an institutional setting similar to that of adults, then these juveniles should also have the same constitutional due process protections as adults during the trial and sentencing phases of the adjudication.
In response, several U. Supreme Court cases ultimately established the constitutional basis for protection of juvenile rights, including Kent v. These cases brought greater procedural focus to the juvenile courts, mandating due process and ensuring other constitutional rights for juvenile defendants.
With these protective gains, early policymakers next focused on prevention within local communities. Addressing rehabilitation issues and the role of the community, the focus for prevention was left to each local community.
With no centralized federal, state, or local strategy to reduce delinquency, and no financial or technical support, initial efforts to control delinquency through community organizations was a relative failure, leading Congress to pass the Juvenile Delinquency Prevention and Control Act in Later revised inand renamed the Juvenile Justice and Delinquency Prevention Act, the goal of this act was to assist states and local communities by providing preventative, community-based services to youth in danger of becoming delinquent, to help train individuals in occupations providing such services, and to provide technical assistance in the field through the U.
Office of Juvenile Justice and Delinquency Prevention. The s brought a rise in violent crime rates and a new focus on cracking down on crime. The War on Drugs in the s also fueled the desire to get tough on crime and create a more punitive juvenile justice system.
Public fears mounted about youth who adopt a culture of violence. Despite subsequent acknowledgment that such fear was overstated, the public outcry made a lasting impression on the juvenile justice system and the way in which U.
By the end of the s, almost every state had enacted a law that made it easier for a juvenile to be tried in adult court and face adult sentences by lowering ages for transfer or waivers for violent crimes.
The trend toward a more conservative approach to juvenile justice continues, with the marked exception of the death penalty.The juvenile courts do not have a jury, and offenders are not given a proper trial. Instead the judge makes all of the decisions, often with the help of a team of mediators for the children and their families.
The juvenile justice system and the adult justice system have several parts in common, but are two systems that are operated differently. In this paper I am going to cover the juvenile justice system, an overview, comparing the juvenile justice system to the adult justice system. Discuss the terms “juvenile justice,” “juvenile court system” and “protective services” with students. “U.S. courts handled more than 4, juvenile delinquency cases per day as of ,” according to a report of The National Center for Juvenile Justice. Persuasive Essay on Abolishing the Juvenile Justice System Persuasive Essay on Abolishing the Juvenile Justice System Our society takes into account the inherent differences between a juvenile offender and an adult offender.
By allowing them to be tried as adults, you give them the ability to have a trial by jury. Cons of Juveniles Being Tried As Adults. 1. The juvenile justice system is a foundation in society that is granted certain powers and responsibilities.
It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. The Canadian Juvenile Justice System Essay Words 5 Pages Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem.
Topic 2: Comparison between the Canadian Criminal Justice system and a foreign one. 1) The purpose of the essay is to compare one or some aspects of the –mainstream- Canadian Criminal Justice system and that of a foreign country.
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The Canadian Juvenile Justice System Essay Words 5 Pages Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem.