Legal Essay The Criminal Justice System has had varying degrees of effectiveness on all matters of Society, one extensive factor being young offenders. Whilst the Criminal Justice System may seem to be easy going on Juveniles, there are certain laws regarding age of responsibility, as at some ages it understandable that they may not be able to comprehend the seriousness of their actions. This can result in them going to court, and as some of these children will be young there are certain courts available to be sent to, such as the Children’s Court, there are also alternatives to attending court. Young Offenders have certain rights as to when they are questioned or arrested, this is covered in the Young Offenders Act 1997 (NSW), also the penalties that the Criminal Justice System may impose on summary or indictable crimes performed will be explored. Assessing the effectiveness of the criminal justice system when dealing with young offenders in relation to the source SMH.
However, when a child engages in criminal activity the degree of the sentence received should coincide with offense .The central emphasis of this content is to illustrate the effects of retribution by holding the juvenile justice system responsible for precisely applying the appropriate sanctions toward deserving individuals. All through history, mischievous children who have gotten in trouble have been confronted with extreme reprimands. Over the last twenty years juvenile violent crime has escalated almost twice as quickly as that of adults. The rate at which juveniles were arrested for violent crimes rose 79 percent between 1978 and 1993, almost three times the increase over that time period for adults. The legal term juvenile delinquent was generated so that young offenders could steer clear of the humiliation of being labeled in officially authorized court documents as criminals.
According to "Juvenile Court Procedure" (2012), "After committing an offense, juveniles are detained rather than arrested. Next, a petition is drawn up which outlines the jurisdiction authority of the juvenile court over the offense and detained individuals, gives notice for the reason for the court appearance, serves as notice to the minor's family, and also is the official charging document"(para 1). Moreover, juvenile offender cases are heard in family courts unlike adult cases that are heard in criminal court. In response, to all the information I provided, my opinion is that the juvenile process should definitely differ from the adult process. I think that juveniles should not receive a harsh of a process as adults because he or she are still kids themselves.
Courts are challenged with an array of factors in establishing an effective system of justice for juveniles that holds juveniles accountable as well as prepares them for reintegration into society as productive citizens. Currently the nation is swept with controversy over Juvenile offenders. Of the many components of Juvenile Delinquency; the main issues raised reflects society’s views on Crime Control versus Due Process and how this pertains to juveniles. Are we incarcerating children into a system that does not hold them accountable? My paper will be an analysis of the juvenile justice system, recidivism rates, and how this process affects the outcome of children and administration in the Juvenile Justice System.
The Illinois Juvenile Court Act allowed a children’s court to hear cases that dealt with young offenders; delinquent, dependent, and neglected adolescents. The state could protect children from families who were not providing the proper care. The idea of parens patriae was established, meaning “the state as the parent.” Under this doctrine, the court was to be paternalistic and base their decisions on individualized justice. Judges did not base their decisions on the delinquent’s alleged crimes, but on the best interests for them. This allowed judges to have more discretion and created a problem of fairness and equality.
The criminal justice system has an obligation to protect children and young people from different causes of crime and assists in their rehabilitation from recidivism. The magistrate also deals the case with the justice model to promote ‘zero tolerance’ to offenders of any age in order to emphasise punishment and deterrence over rehabilitation. Nevertheless, the criminal justice system approach young offenders with the legal principal of ‘doli incapax’ because the juvenile justice system presumes that children are incapable of having a criminal intent thus children under the age of 10 cannot be held legally responsible for their actions and cannot be guilty of an offence. The UN Convention on the Rights of the Child is the most recent international law relating to children’s right. Article 41 (3) (a) encourages establishment in all countries’ laws of a minimum age below which
In San Diego County (California), there are several juvenile diversion programs available to assist at-risk juveniles. Though not perfect, these programs have provided substantial benefits to society (San Diego County Grand Jury, 2003). It is important for these programs to remain open so that at-risk juveniles will get the assistance they need so that they will avoid becoming offenders or repeat offenders. Purpose of Juvenile Diversion The purpose of the juvenile diversion is “to help juveniles understand that criminal behavior will not be tolerated, to encourage them to behave in a socially acceptable manner, to teach parents how to cope with juveniles who deal with difficult situations, to encourage victims that something is being done to prevent any further crimes by the juvenile and to prevent the youth from testing the system with further criminal behavior” (San Diego County Grand Jury, 2003). There are several juvenile diversions programs within San Diego County created by several police agencies.
Each program is slightly different at their prevention methods; however, no matter the program they have the same goal in mind, which is to keep juveniles off the streets. Some juveniles did not include themselves in a preventative program or they did and still choose the hard life of criminal activities. Programs that step in and try to gear the trouble juvenile to change his or her ways are known as intervention programs. Programs as such allow the juvenile to know that he or she has support and that help is available for them. Certain law enforcement agencies help and participate in intervention programs.
Starting with the highest authority of the courts, where the judges should designate one separation between petty and serious crimes. In that case minors, who commit a petty crime, could avoid prison or being kept in a juvenile institution. As a punishment it could be some volunteer job, which would be mandatory and would be supervised by somebody competent. On the other hand, in the case of serious crimes, in which detention is inevitable, some other ways could be used. First of all, minors should be educated in something∙ from learning an art, to graduating from a university.
Unit 5 Mid-Term Project Causes of Juvenile Delinquency Deborah Llamas Research Methods in Criminal Justice CJ490-03 Professor Janet Nichols March 28, 2012 Abstract Although the study of mental disorders in juveniles is: becoming common ground in the criminal activities of juvenile deviant behavior today, related to juvenile criminal behavior is important to learn the various and specific natures of these disorders and properly diagnose them, in relation to juvenile criminal behavior. Anticipating the criminal behavior could assist in defining juveniles who are at- risk, studies show that 51% of young male juveniles were tested by means of an Illustrative sample. The study was directly associated with juvenile mental disorders which sampled a variety of young juvenile offenders involved in the study were tested for an analysis of childhood disorders; and, anticipating possible causes of juvenile delinquency within the juvenile population (Copeland, Johnson, Keeler, G. and Costello, 2007). Various forms of Trait Theories studied as associated with juvenile delinquencies “Developmental Theory is a view that criminality is a dynamic process, influenced by social experiences as well as individual characteristics. Developmental factors include biological, social, and psychological structures and processes” (Siegel 2011.