Essay on Juvenile vs. Adult offenders- A process for first-time juvenile offender versus an adult offender

Juvenile vs. Adult offenders

Introduction

Since equality is the foundation of the US Constitution, its justice system also entails that every citizen, irrespective of race, religion, gender and financial status, is given equal protection. This was applicable in case of the age of offenders as well, where in the 1700s, both adult and child offenders were treated in the US court on equal terms; but this changed since the first juvenile court was formed in 1899, Illinois (Willison et al., 2010). The Society for the Prevention of Juvenile Delinquency along with the Juvenile Court System works on Juvenile Justice and Delinquency Prevention Act (1974) (JJDPA), based on the idea of differentiating between delinquents and abandoned youth (Title 42 USC, Chapter 72), thereby recognizing the fact that there’s a difference in the cognitive development of juvenile offenders to those of adult criminals and that the former may benefit more from rehabilitation over harsh punishment in order to make sure that recidivism can be prevented in future (National Institute of Justice, 2018).

Discussion

The rise in rates of crimes in the 1980s reaffirmed the belief of certain legislators to be tough on crime which led to the transfer of many juvenile offenders to adult courts (such as the passing of Ballot Measure 11, November 1994, Oregon requiring the trial of offenders aged above 15years in adult criminal court for certain violent crimes) and the passing of more punitive juvenile justice laws (passage of Violent Crime Control and Law Enforcement Act, 1994, Pub.L.103-332, 108 Stat.1796) )(Americanbar.org, 2018). However, it was observed that this step led to a higher rate of recidivism for juveniles prosecuted in adult court with respect to those in juvenile courts (as in Mason and Chang, 2001, where re-arrest rates among youths incarcerated in adult courts, Miami increased). Since the Juvenile justice system is founded upon the basis that young minds are malleable, bigger emphasis is laid on rehabilitation and parole surveillance to reintegrate juveniles back into community; whereas emphasis is laid on deterrence for offenders in the Criminal justice system which is mainly obtained through punishment over rehabilitation and strict surveillance of behaviour for parole sanctions (PBS, 2018). Juvenile records are usually kept from public to avoid unnecessary future stigmatization (though as of May,2015 two-thirds of states had no legislations restricting employer’s use of criminal record for recruitment) and only a few states allow jury trial in a juvenile case; whereas adult criminals are put on trial with an open access to their records (Digitalcommons.law.villanova.edu, 2018). 

Usually a juvenile is determined delinquent instead of guilty and their sentencing (barring 15 American states which authorize death penalty for capital homicide offenders under 18years of age) includes rehabilitation and restitution component unlike that in case of adult offenders. Due to such distinct formative processes followed in each of these two justice systems, where a psychological evaluation of the juvenile is predominant in assessing their casework whereas legal facts and/or criminal history is predominant in that for adult offenders, the efficiency gets compromised when a juvenile is brought to an adult court or an adult offender is tried through juvenile laws.

Conclusion

With the increase in number of defendants, comparatively more people have been involved in alternative sentencing, creating a huge caseload on the limited number of probationary officers to personally monitor individual probationers and parolees. This, along with the rise in crime rates, led to more juveniles being tried in adult court and leading to a rise in rates of recidivism. This further occurs due to absence of preventive detention (through models like Multi-systemic Therapy for Emerging Adults to prevent recidivism) and guidance (like that of Iowa Collaboration for Youth Development Council which examines youth related issues across agencies) to juveniles combined with exposure to an environment of adult criminals acting as their teachers. Similarly due to limited availability of proper resources in the police, court and parole system to monitor and guide an adult criminal to a better life, it’s not possible to apply juvenile justice methods in adult courts, irrespective of the nature of offense committed.  

Related :-

Q Leaders Are Made & is not about nature rather it is nurtured with time Essay on "Leaders Are Made" which elaborates the competencies of a person in making him a leader

Q DISCUSSION: INDIVIDUALS AND COMMUNITIES, consideration for individual An essay on discussion: individuals and communities studying two main considerations ("The Self in Context: A Grounding for Environmentalism").

Q College Students& Mental Health Problems,a barrier to academic growth The work is about an essay relating to college students and mental health problems which hinders the performance of a student in their academics.

Q Industry Information, strategy to generate potential income This is an industry information report which consist of product, place, price, promotion and the other marketing strategies.

Q Management of risks of exposure to Aviation Fuels,solve toxicity issue This report on management of risks of exposure to aviation fuels speaks about the potential risks relating human exposure to jet fuels based on petroleum source

Q Intellectual Property Issues in Malaysia Franchising to regulate law. This is a report related to the intellectual property issues in Malaysia franchising to regulate laws and regulations in the country.

Q HEALTHCARE MANAGEMENT IN ASIA in the EARLY 2000s, awareness in people This is a report on healthcare management in asia in the early 2000s which is basically a social welfare program in the Asian countries to make them aware.

Q Contract Management and Legal Aspects followed by contract management A report on contract management and legal aspects which describes the contractual aspects between two organisations.

Q STRATEGIC PLANNING- A Report to plan a start-up A report on strategic planning discusses on the operation plan, the marketing plan, and the financial plan for a given start-up in the organization

Q Business Auditing to overcome auditing loopholes Report on business auditing that helps organisation in creating business transparency and a clear view of the finance and financial statement of a company.