The Importance of a Seperate Court System for juvenile

University Degree Education and Teaching

The Importance of

Running head: THE IMPORTANCE OF A SEPARATE SYSTEM FOR JUVENILES

The Importance of a Separate System for Juveniles

Heather McGarr

Colorado Technical University Online

Juvenile Delinquency

CJUS342-0903A-02 Phase 3 Discussion board

Instructor David Clise

July 22, 2009

The Importance of a Separate System for Juveniles

The Sole aim of the juvenile justice system since its inception in 1899 has been not only to punish but also to rehabilitate and restore our youth in hopes of curbing crime, and helping them to lead more productive and law abiding lives. Though it is not perfect and has since strayed from its original mission, a separate system for juveniles is indeed necessary in order to protect their best interest (Gibson, n.d.). However, there are two different sides to the argument of having a separate system for juveniles. The following paragraphs will elucidate views from critics who oppose the need for a separate system and those who advocate the importance of a separate, juvenile justice system.

Those in opposition of a separate justice system for juveniles strongly believe this system should be eradicated, claiming that it has been unsuccessful in its attempts at rehabilitation and has not effectively disciplined children who have committed serious criminal offences. Critics point out that social and educational changes in the systems landscape over the course of time have engendered drug use, possession and use of firearms and street gangs which have prompted and pressured juveniles into carrying out serious crimes including murder. Many feel that the system is far too lenient on juvenile offenders, leading our youth to believe that they do not have to face appropriate punishment for their crimes. They argue the inequality of the juvenile system that requires the youthful offender be released from the juvenile systems jurisdiction at the age of majority; they also argue the inequity of a system that may require a juvenile to serve a much shorter sentence than an adult who committed the same crime. Based on these insufficiencies, critics contend that the entire juvenile system should be abolished and juveniles should be punished for their crimes alongside adults in the criminal justice system (Jrank, 2009).

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Advocators of the juvenile justice division argue that the majority of children involved in the system are being adequately assisted and effectively supported in dealing with their problems. These defenders uphold the premise that an insubstantial number of aggressive youths, who have engaged in serious and violent crimes, should not be grounds for society to ascertain that this system is incapable of providing the means of change and improvement in juvenile behavior. Supporters agree that although not every young person has the potential to be rehabilitated it would be extremely reckless to abandon all attempts and endeavors to do so. It is a more prudent course of action to have the transfer laws in place to the adult courts for those delinquents who are involved in serious crimes and have a lower likelihood of rehabilitation than to completely dismantle the juvenile courts. The massive amounts spent on incarcerating youthful offenders, could be better utilized on education, counseling and job training. The juvenile justice system allows our young people to learn from their past criminal behavior to equip them to live productive adult lives. A large number of states have designed their laws to more adequately deal with serious youth offenders putting laws into place to transfer those criminals into the adult criminal system; given these facts there is no logical or rational reason for dismantling the juvenile system (Jrank, 2009).

It is imperative that we defend and uphold the juvenile justice system, there are of course improvements that will need to be made as with any justice system, but this is vital to our juveniles. There is a tremendous cost but the cost is well worth it as this systems goal is to rehabilitate our youth instead of locking them up forever. It is essential that we focus on and prepare for what is to come; the actions that are taken today will have a lasting impression and profound impact on the future of the juvenile justice system. By equipping our children with the tools and skills needed to be productive and, live their lives free of crime, it will drastically help to reduce recidivism rates and the cost of incarceration in their adult lives; it will also diminish the likelihood of future criminal acts and the associated costs to the victims and the public. It is our job not only as a nation, but as parents and moral and ethical beings to support, lead and assist our youth to learn the proper behavior, clearly learning to distinguish between that which is right and wrong, knowing what is acceptable and unacceptable behavior and how to stay on the right side of the law in a world fraught with hate and violence. Our children are young and impressionable, they were meant to have responsible parents and positive role models to pattern their lives after. They are learning and growing, they are not yet mature. They can be afforded a second chance and the support and assistance they need to see and embrace that which is just and honest, hence the need for a separate juvenile justice system (Joint Legislative Audit and Review Commission, 1996).

References

Gibson, J.B. (n.d.).Chapter 1: Establishing the state’s role as parent. Retrieved July 23, 2009,

from

http://www.rdsinc.com/pdf/samples/toc741780.pdf

Joint Legislative Audit and Review Commission. (1996). Juvenile delinquents and status

offenders court processing and outcomes. Retrieved July 22, 2009, from

http://leg2.state.va.us/dls/h&sdocs.nsf/4d54200d7e28716385256ec1004f3130/059ad1

5f36369749852562b70076a8fa?OpenDocument

Jrank. (2009). Juvenile law – should the juvenile justice system be abolished? Retrieved July

23, 2009, from

http://law.jrank.org/pages/7959/Juvenile-Law-SHOULD-JUVENILE-JUSTICE-SYSTEM-

BE-ABOLISHED.html