Juvenile

Juvenile Delinquency 

The Juvenile court system was created in the United States.  That was about two hundred years ago.  The first court hearing was in Chicago, Illinois in 1899.  Before then children were seen as miniature adults and with any criminal act they were punished like adults.  Through 1880 to 1920 the immigration population was increasing and so was urbanization causing hundreds of poor and needy children to become involved in criminal activity.  If they were convicted of a crime they were housed with the adults.  Realizing afterwards that it wasn’t the best idea.  The children housed with the adult criminals started learning about adult criminal behaviors.  After leaving the institution they began their lives like how they were taught by the adult inmates.  That’s when the separation of the juvenile court systems and the correctional institutions were created.  The early institutions emphasized on teaching of life and trade skills.  The logic behind this was if they were taught meaningful skills, they would be more likely to contribute to the society in a positive way when they are released.  During the progressive era there were three types of institutions in the United States.  Housing refuge focused on reeducating and used an undefined sentencing, it also taught religion and the juveniles were able to learn special trades through apprenticeships.  This institution used military style to promote discipline and structure.  The only bad thing about this institution is was often overcrowded and the teens were seemingly over worked.  New reformatories were accepted in the mid 1800’s.  It was cottages or foster homes that were on farms.  There dynamic was family oriented and they focused on hard manual labor.  The housing refuge and the new reformatories had the same problems. Being overcrowded and noticing that the youth was being over worked.  In the mid 1880’s separate institutions were created for females.  They were taught domestic and childrearing skills.  1994 Prince v. Massachusetts was the first time where the court operated under a new philosophy called parens patriae.  Parens Patriae meant that the state could act “as a parent” and it gave the court power to step in and to have its best interest in the child’s well-being. 

 

Minors are people who are under the age of eighteen.  However twenty-one people are able to gamble and drink.  Not all minor are considered juveniles all because of criminal responsibility.  Minors under the age of seven can be tried in the juvenile courts but parents are most likely to be liable.  The ages between seven and fifteen are the main candidates for the juvenile court system.  But there are cases where twelve through eighteen year olds are taken to juvenile courts but are tried as adults.  It just depends on the severity of the crime. 

 

Minors who are tried as adults and that are housed with adults they are more likely to commit more crimes and will commit violent acts. Compared to the minors that stay in the juvenile court system.  The longer sentences and the transitioning of juvenile to adult system was popular in the 1980’s and 1990’s due to the increase of juvenile crime.  The law didn’t discourage youth from committing crimes.  “Not only does it not deter youth crime, it actually makes them more violent,” Johnson said.  “It may solve our desire to punish. But don’t get that confused with rehabilitation.  Don’t make the mistake of believing that punishment will help anything.”  The campaign for Youth Justice did a research on youth being in adult jails and prisons and compared the results to minors that stay in the juvenile system.  On average 7,500 people 18 or younger are in adult jails or prisons.  They are also more likely to become victims of sexual abuse and are more likely to commit suicide.  The result they found went to the senate to be reevaluated.  The Juvenile Justice and Delinquency Prevention Act wants youths to be housed separately from the adults.  Depending on the crime sixteen and seventeen year olds accused of crimes like rape or murder are sent to the adult system. 

 

The cons of juveniles tried as adults

1.       Juveniles can’t be held to the same levels of accountability

2.       The role of parents and juvenile criminals

3.       Not always a sign of things to come

 

The pros of juveniles tried as adults

1.       A crime is a crime

2.       Deters crime

3.       Makes criminals of all ages understand their actions

4.       18 is too high as a cutoff for children

 

My personal opinion I don’t think that minors should be housed in adult prisons and jails.  In the juvenile system they are getting the help they need on their level.  If they go into the adult system I think the problems they are facing won’t be solved.  Later in life when they get older they could possibly end up in the adult system.  The system needs to create a way so that the youth won’t do the things they do to get in the system if they seek help while in the system.  Even if the crime is very major I don’t think minors should be housed with the adults.

 

 

 

http://nlcatp.org/7-vital-pros-and-cons-of-juveniles-tried-as-adults/

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/29/AR2007112901936.html

http://criminal.findlaw.com/juvenile-justice/juvenile-crime.html