Punishment in the Juvenile Justice System

Abstract

The approach of juvenile justice system to focus on punishment, rather than rehabilitation, will be beneficial in preventing juvenile crimes and recidivism. However, this is a controversial issue.

Punishment in the Juvenile justice System

Introduction

Juvenile justice system is a system of justice for offenders under the age of eighteen in the United States, which primarily focuses on turning juvenile offenders into productive citizens through treatment and rehabilitation, which has now taken a route of punishment (Schultz, et al, 2005). Numerous researches elucidates that juvenile system focusing on punishment will render more advantageous results in eradicating juvenile crimes. However, there are opposing views on the subject.

Discussion

The juvenile system should focus on the punishment

There is an argument regarding the most effective way to deal with juvenile offenders, by rehabilitation or punishment. I personally think that the juvenile justice system should primarily focus on the punishment, according to the nature of the committed crime. Though it was established on the principle to treat the juveniles separately from the adult courts and focus on rehabilitation, but during 1960-1980, studies revealed that the juvenile system based on rehabilitation was failing to prevent delinquency and juveniles were engaging in serious offences, in ever-increasing numbers. This necessitated the need to treat them as adult; children began to enjoy same procedural protections as adults with the introduction of due process protections. This also called for the need the offenders should be punished, regardless of their age, in order to prevent further crimes (Chamberlin, 2001).

Statistics show that from 1988 to 1994, the rate of arrests for violent crime among juvenile offenders has drastically increased to 62%. The arrest rate from 1995 to 1999, however, fell to 9%, but the juveniles were involved in 17% of all arrests in 1999 (McLatchey, 1999). The analysis of recent crimes suggests that the juveniles were committing more vicious crimes, than the crimes juvenile court system was originally established to deal with. Media has played a vital role in publicizing the juvenile committing violent crimes, which has emanated the public demand for stricter punishment. Therefore, these facts clearly suggest that the juvenile system should be focused on punishment, rather than mere rehabilitation, in order to prevent crime and its recidivism (Chamberlin, 2001).

Effects of change of focus to punishment

As the focus of juvenile justice shifted to punishment, it affected the due process of law enforcement, court processes probation, corrections, community services, and intervention programs. Every state has it s own juvenile courts, and each state differs in its approach, in the juvenile system, therefore, the extent of affects on law procedures also differ (Chamberlin, 2001).

Law enforcement

Law enforcement personnel such as police are the first individuals to come into contact with juvenile offenders. The law enforcement personnel decide whether the matter of juvenile offender should be forwarded to the formal juvenile justice system or to send it to court as some serious cases can be forwarded to adult court, out of the juvenile court (Schultz, et al, ...