A great concern is growing regarding crimes committed by young people. The matter of that concern might be based on juveniles’ reasons for crimes, as this might be the main reason why juveniles are treated differently. Accordingly different states are putting different limits on when juvenile criminals might be treated like adults.
38 states, the District of Columbia and federal codes establish the maximum age for juvenile treatment in juvenile courts is 17.
- Eight states this age is 16
- In four other states this age is 15
The main two points are:
In serious felonies, the victims do not care what is the age of the offender.
The punishment’s connection to the felony, rather than to the jurisdiction and age.
Characteristics:
Legal Definition: A juvenile delinquent is anyone who has broken a criminal law of any state of federal jurisdiction.
Non legal Definition:
- Sociology – a person who not only commits a crime, but also who is labeled by the way society reacts to it.
- Psychology – an act of delinquency combined with the way the juvenile criminal thinks about it.
- Psychiatry – an act of delinquency with emphasis on emotional tones and attitudes involved in any mental pathology.
Petty offenses- alcohol, drug related crimes, shoplifting and vandalism.
- Rarely result in arrests
- Represent as much as 90% of juvenile delinquent acts.
- Serious crimes – murder, rape, assault and robbery
- The most publicized 5 % to 10 % of all juvenile arrests 15% to 20% of all serious delinquent acts.
- Causes of Juvenile Crimes
Major risk factors:
- Low income and poor housing
- Deteriorated environment
- Impulsiveness and hyperactivity
- Low intelligence and low school attainment
- Poor parental supervision
Family disruption
Common characteristics off offenders:
- 91% suffered emotional , physical , sexual abuse, or traumatic loss
- 29% suffered sexual abuse
- 40% endured physical abuse
- 57% experienced bereavement or loss of contact with parent, relative, or friend
Juvenile Court Systems vs. Adult Court Systems
The Juvenile court systems’ main goal is rehabilitation, and thus the least restrictive alternative is considered in courts. Different types of juvenile court hearings result in dismissal, a fine, probation, treatment programs and institutionalization
In juvenile cases the respondent is beyond a reasonable doubt, unlike adult cases where the respondent is questioned whether he is guilty or not. There are factors influence the decision which kind of treatment to prefer for juvenile offenders:
- Costs of incarceration
- Overcrowding
- Evidences of few gains from ignoring treatment and rehabilitation
The trends are seen moving toward tougher decision for juvenile offenders, which might prove that rehabilitation solutions are ineffective or the crimes became more violent. Treating Juveniles as Adults Offenders treated like adults are found to receive harsher sentences than the ones retained in the juvenile system.
Regardless of the system in which juveniles were tried the sentences were mostly identical. Processing juveniles as adults does not deter them from reoffending, but in contrary increases recidivism.
It should be concluded that the desired effect is not reached within such system.
Treating Juveniles as Juveniles
The established juvenile court system almost 100 years ago had the goal of encouraging rehabilitation and diverting young offenders from the destructive punishments of criminal courts.
A study regarding juvenile interventions such as multisystemic therapy found that the multisystemic therapy reduced recidivism, the participants had better family relations, and they were significantly less likely to be rearrested.
Forces Driving the Treatment of Juveniles as Adults
The forces driving the transfer of juveniles to adult courts might be influenced by the following:
- Expectations of greater accountability and lengthier sentences.
- Effective punishment and lower recidivism rates
- The perception that juvenile courts are more lenient and ineffective
- Possible influence of media publishing the most outrages cases of juvenile felonies
Prevention
- Looking at the adult system, the emphasis on outcomes proved its ineffectiveness 67 % of inmates released from state prisons in 1994 committed at least one serious new crime within three years.
- Different interventions including infants, preschoolers and elementary school children reduced risk factors for delinquency.
Anti-social behavior of juveniles can be reduced by putting them in groups of pro-social young people can positively affect the first, without negatively affecting the latter.
Recommendations
- Establishing federal laws regarding the maximum age of accountability as juveniles
- Reforming the juvenile systems to include differentiation of punishment
- Eliminating the transfer of juveniles into adult courts
- Working on treating serious felonies of juveniles with separation from adult criminal facilities
- Emphasis of prevention and causes of juvenile crimes rather than outcome
Conclusion
- Juveniles should be separated from adults
- The arguments for abolishing juvenile courts are not convincing and insufficient
- The possibility of change for criminals should never be abandoned
- Serious crimes should be punished with equal conditions regardless of jurisdictions
- Emphasizing the role the preventive measures
References
Does treating kids like adults make a difference? (2008). Public Broadcasting Service.
BUTTERFIELD, F. Prison Boom Has Not Deterred Crime, Report Suggests.
Calderon, M. (2006). A Reflective Comparison of the Juvenile Criminal Justice System v. the Adult Criminal Justice System. Web.
Flowers, R. B. (2002). Kids who commit adult crimes : serious criminality by juvenile offenders. New York: Haworth Pastoral Press.
McCord, J., Widom, C. S., Crowell, N. A., & National Research Council (U.S.). Committee on Law and Justice. (2001). Juvenile crime, juvenile justice. Washington, DC: National Academy Press.