Abolishing the juvenile court may enable them to see that children should have status as rights holders. The juvenile court’s emphasis on rehabilitation and reform not only masks the coercive effects of state intervention but also permits the state to do things to children on the grounds that it is in the children’s best interests. Combining the courts would actually be better for juveniles, which may seem like an absurd statement to many rehabilitators and children’s advocates until they understand the
The criminal justice policy process reflects what is best for society as a whole and not what is best for individuals. In the American way, the political system uses a democracy to voice concerns, goals, or objectives, especially with crime in order to persuade people and gain votes. Politics and criminal justice policy face public opinion and community influences all the time. Criminal justice policy focuses on issues that affect everyone. Once crime or a criminal problem is significant to be an issue, then action to alleviate the issue becomes important (Marion & Oliver, 2012).
Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties. Social life would be impossible without laws to help control the way people behave, think and treat each other while in public and private locations. Criminal laws were designed to reflect the accepted behavior in a community, such as morals and the criminal act itself, or Mens Rea and Actus Reus. Thus when people break the law and are caught, the accused are provided certain constitutional rights. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state.
Juvenile justice can be defined as the sector of the law applicable to persons not of legal age. Complying with the United Nations Conventions of the Rights of the Child, the juvenile justice system aims to combine the welfare and justice approaches to youth crime, in order to keep the best interests of the child as the most prominent of priorities. However, there remains a considerable list of aims to be addressed when the issue of responding to juvenile justice arises. These include decreasing rates of recidivism, providing rehabilitation into society, and ultimately recognizing that due to mental immaturity and lack of legal knowledge, young offenders require a degree of protection. The extent to which our legal system is able to adequately provide this is at times, questionable.
Lastly, it will talk about the societal implications of abolishing juvenile court. Overview of the Juvenile Justice System The juvenile justice system was created because the justice system decided under the age of 18 a juvenile should not be held responsible for their delinquent acts. Therefore, they created a juvenile justice system to rehabilitate juveniles instead of punishing them, in the hope of keeping them from committing more crimes. Depending on the severity of the crime, the age of the offender, and amount of incidents, the juvenile court can waive its jurisdiction and have the juvenile transferred to the adult court to be punished. To guarantee the juvenile’s welfare and safety, the state statues deliver a baseline for courts and procedures they must follow when handling a juvenile in the adult justice system, called parens patriate.
You could also put a child life in danger. It is also there to protect children’s right so they can have a secure life. For example we have the legislation that states “children have the right to be kept safe and not hurt or neglected”. (Meggitt, ET AL, 2012, P.5). It is important for us to understand this legislation so that we give every children opportunity, a safe and equal environment.
Assess the effectiveness of the criminal justice system in dealing with young offenders Judgment = mainly effective to an extent punishment can be too lenient can be shown through how safe the community is. Components: • Evaluate effectiveness of the legal system The criminal justice system deals with young offenders differently to adults offenders. Different countries apply the term ‘young offenders’ to different age groups depending on the age of criminal responsibility in that country Factors that ensure the effectiveness of the criminal justice system when dealing with young offenders Age of criminal responsibility is effective b/c children do not have the experience or metal capacity truly form the necessary Mens rea to commit a crime Given greater protection by the law at every stage of the criminal justice system b/c they are more vulnerable and have a greater chance of rehabilitating and becoming responsible citizens Children’s court proceedings are designed to protect children who are with a criminal offence, while also holding into account for any crime they have committed Court Proceedings And Operation CC is a special court established under the children’s court act 1987 (NSW) dealing with matter under 18 and dealing with care and protection of children referred to it by NSWCS (DOCS) The children’s (Criminal proceedings) Act 1987 requires the CC to show regard for the following main principles: o Children have rights equal to adults. Right to be heard and participate in proceedings that affect them o Children are responsible for their actions but require guidance and assistance o Education of the child should proceed without interruption o Where possible a child should be able to reside in their own home (Depending if parents are suitable or want them there) Given greater protection than adults when questioned or
Task 1: Write an explanation of: * what it means to have a duty of care in own work role * How duty of care contributes to the safeguarding or protection of individuals Duty of care is a requirement and obligation that a person in a caring role has to make sure that others are taken care of and not harmed. It includes watching out for potential hazards and trying to prevent mistakes and accidents. It is important because of a duty of care is not met then the responsible person can be held accountable if things go wrong. A carer in early years has a duty of care to protect the children in their care by following the legislation and the policies and procedures that are in place at the workplace. Policies and procedures are put in place so that there are rules and boundaries to make sure that people know how to work in the setting and what is expected of them to prevent harm and danger to others in the work setting.
These treatment programs will help get juvenile offenders back on the right track towards a positive lifestyle. There are various types of community-based treatment options for delinquent youths to utilize. These options would include probation, intense supervision, house arrest and electronic monitoring. While on probation a juvenile offender is under standard supervision of a probation officer. The
As such, the best way to deal with them is through rehabilitation rather than punishment. The Time U.S magazine ran an article in 2001 titled, “Should the Law Treat Kids and Adults Differently?” Reasons why they should not treat kids and adults differently stated by the article were: • The juvenile prison system can help kids turn their lives around; rehabilitation gives kids a second chance. • Children don’t have the intellectual or moral capacity to understand the consequences of their actions. • Children should be able to get deadly weapons in the first place. Adults who provide kids with guns used in violent crimes should be held accountable.