ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Juveniles and The Criminal Justice System

Updated on December 12, 2016

How It Used To Be

Children who commit crimes have not always been separated from adult offenders. History tells us that we may not have always believed in the innocents or frailness of our children. In the past children have been sentenced the same and along side adults. Children were imprisoned along side adults and sometimes even faced capital punishment. However, in the more recent past we find the emergence of the juvenile justice system which is separate from the adult criminal justice system. Believing that children needed to be handled different and believing that children are worth saving are a few reasons we see the rise of the juvenile justice system.

Criminality and Delinquency

In the past criminality and delinquency were not treated as something different. Criminality is simply being a criminal or a criminal action, and delinquency is “in the broadest usage, juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior” (Schmalleger, 2011). In essence the two are the same; however we are discussing two different types of people, one being an adult and the other a juvenile. Even though the meaning of the words may be similar, they should each be handled differently, and up until recently they were not. We wanted to spare our children all the bad that comes with being labeled a criminal, and that is why the word delinquent is used.

Should juveniles be treated the same as adults when it comes to the justice system?

See results

Categories of Children

There are a few different categories of children when we talk about the juvenile justice system. Delinquent children are children who commit crimes that, if they were adults would face criminal court and potential prison time. Undisciplined children are children that seem to be beyond control and show it in there disregard for any authority figure such as parents and teachers. Dependent children usually do not have parents and are in the system because of foster care, abandonment, or the death of their parents. Neglected children are mistreated by their parents and or family members, there are usually physical and mental issues that come with the neglect. Abused children are physically, mentally, and sexually abused children who suffer these violations by the hands of there parents or guardians. Status offender is a child or minor who brakes or violates specific laws that are set up specifically for them. Status offender is “a child who commits an act that is contrary to the law by virtue of the offender’s status as a child” (Schmalleger, 2011). Violations like buying alcohol or cigarettes when they are not of age are examples of behavior that would fall under status offender.

Worth Trying To Save

Like mentioned earlier, juvenile offenders were not always treated different from adult offenders in any aspect, from court procedures to sentencing to where and how you served your sentence. However, times have changed and crimes committed by juveniles are handled in a court room separate from that of adult court. These two different courts have proceedings that differ in many ways. One of the biggest differences in the juvenile proceedings is the focus of each case. As mentioned before, the juvenile justice system came about when people saw children as worth trying to save, and locking them up and throwing away the key would do no good. Society realized that our children are our future and the focus of the juvenile proceedings should be helping the juvenile, where as in criminal proceedings the focus is on criminality.

Differences in Criminal and Juvenile Proceedings

There are many other differences when it comes to criminal proceedings as opposed to juvenile proceedings, and as I mentioned before the focus of the proceedings is a little different, with criminality being the main focus of criminal proceedings and delinquency and status offenses along with helping the children being the focus of the juvenile proceedings. Some other differences include an emphasis on treatment as opposed to punishment, privacy through sealing records or keeping names out of the public eye, “the use of the techniques of social science in dispositional decision making rather than sentences determined by a perceived need for punishment” (Schmalleger, 2011), no long term sentences regardless of the crime or violation, separate prisons or juvenile facilities, and one of the biggest differences is “broad discretionary alternatives to all points in the process” (Schmalleger, 2011). There are some similarities between criminal and juvenile proceedings like the right against self-incrimination and rights to an attorney, but not much more will connect the two. Criminal proceedings are public trials, there are public records, the possibility of imprisonment in adult prisons, and the goals are punishment and reformation. However, juvenile proceedings are closed to the public, have sealed records, possible imprisonment in a juvenile facility, and the goals are protection and treatment.

When it comes to juveniles, what should be the main focus of the courts?

See results

Factors Of Juvenile Delinquency

One way to help with the protection and treatment of juveniles is to find the variables that correlate with juvenile crime rates. Finding what factors are more likely to cause juvenile delinquency and finding ways to fight and fix those factors will help with the crime rate. There are many risk factors that lead to juvenile delinquency like:

“birth trauma, child abuse and neglect, ineffective parental discipline,

family disruptions, conduct disorder and hyperactivity in children,

school failure, learning disabilities, negative peer influences, limited

employment opportunities, inadequate housing, and residence in high-

crime neighborhoods” ("Program of research," 1998).

Other factors such as gangs, drug use, precocious sexual activity, guns use, and other related behaviors play a role in the juvenile delinquency issues that we face today.

Parens Patriae

Early in our history, like many of our legal traditions the United States adopted a similar strategy for dealing with juveniles as England, known as parens patriae. Parens patriae is “A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide” (Schmalleger, 2011). If you can not or will not do the right thing or make a mistake that lands you in the criminal or juvenile justice systems then the government will take over and make decisions for you. In a way that is still the way things appear, whether it is a child or an adult the justice system decides what to do for them, only now instead of lumping everyone together with no regard for age, we treat adults and children much differently with treatment, protection, and the best interest of the child being the main priority. Discovering how to deal with our juvenile delinquency issues has been a long process and one that will continue. Our children are our future and we have to find a way to right the wrongs and help treat children that experience or show signs of the risk factors.

Reference

Schmalleger, F. (2011). Criminal justice today: An introductory text for the twenty-first century (11th ed.). Upper Saddle River, NJ. Pearson Prentice Hall.

Program of research on the causes and correlates of delinquency. (1998, October). Retrieved from http://www.ojjdp.gov/jjbulletin/9810_2/program.html

Comments

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)