2/02/2011

 

Juvenile Incarceration Vs. Rehabilitation 

By Mike Broemmel

updated: April 24, 2010

The role of incarceration and rehabilitation in the juvenile justice system
barbed wire image by lukasz gonerski from Fotolia.com
The juvenile justice system maintains different priorities than exist in the adult criminal justice system. For example, a juvenile is not found guilty of a crime but rather is adjudicated an offender. Although punishment is an element of the juvenile justice system, the primary focus is on rehabilitation.

    Least Restrictive Alternative

  1. A primary consideration in sentencing following an adjudication of an offender in the juvenile justice system is what is known as the "least restrictive alternative." Least restrictive alternative means that a juvenile offender is to be committed to a sentence that provides the least restriction on her person and her access to her family.

    2. Incarceration Considerations

  2. Incarceration of a juvenile offender is a sentence of last result. Incarceration of a juvenile offender is to occur only for crimes that are particularly serious (premeditated killing of another person, for example). Additionally, protecting the safety of the community is a factor in incarcerating a juvenile. Finally, there needs to be a demonstrated rehabilitative need for incarceration as well.

    3. Rehabilitation Function

  3. The primary function of the juvenile justice system is rehabilitation of the juvenile offender. Community-based rehabilitation services are to be accessed if available and if the juvenile does not pose a threat to the community. These types of services are to be utilized as opposed to those available through a juvenile detention center pursuant to the least restrictive alternative principle.

    4. Time Frame

  4. Unlike the adult criminal justice system, the length of a sentence in a juvenile case is not as major of a consideration in selecting community-based rehabilitation over incarceration. In the adult system, a convicted defendant with a longer sentence is more apt to face incarceration over some type of community-based corrections. In the juvenile justice system, the goal of rehabilitation and the principle of least restrictive alternative generally carry greater weight over sentence length.

    5. Misconceptions

  5. The most common misconception surrounding incarceration and rehabilitation issues in the juvenile justice system is that separation of children from adults is the only major difference. Although the separation of juveniles from adults is a difference between the systems, the goals, objectives and court procedures also vary significantly.

Read more: Juvenile Incarceration Vs. Rehabilitation | eHow.com http://www.ehow.com/about_6381988_juvenile-incarceration-vs_-rehabilitation.html#ixzz1CnkLARDO

How to Compare the Juvenile Justice System to the Adult Justice System

By Susan Hillman, eHow Contributor
updated: September 3, 2010

The juvenile justice system is more about rehabilitation than punishment.
prison 2 image by Nathalie P from Fotolia.com
The adult justice system and the juvenile justice system may appear similar on the surface, but there are major differences between the two. The juvenile justice system is more about rehabilitation than punishment.

    Due Process

  1. Juveniles are helped in the area of due process more than adult offenders are. Children tried as juveniles cannot be sentenced to adult facilities. The purpose of juvenile facilities is to shield children from bad influences and to keep them from developing criminal tendencies.

    2. Stricter Schedules

  2. Juvenile facilities are much like adult jails or prisons; however, they have stricter schedules so that the juvenile is provided with codes of conduct and more structure, which helps with rehabilitation of delinquent behaviors.

    3. Jurisdiction

  3. Once a juvenile is in the justice system, the court can retain jurisdiction over the juvenile until he legally becomes an adult, age 21 in most states. Additionally, in some situations juvenile offenders can be transferred to an adult facility after they reach legal age.

Read more: How to Compare the Juvenile Justice System to the Adult Justice System | eHow.com http://www.ehow.com/facts_6886342_compare-system-adult-justice-system.html#ixzz1CnkbLdAy


Difference Between Juvenile and Adult Justice Systems

By Kimberly Topia, eHow Contributor
updated: January 29, 2010

Juveniles who get arrested generally do not get arrested as adults.
Image by Flickr.com, courtesy of Jon Feinstein
The justice system recognizes that while differences do exist between juveniles and adults, juveniles who commit crimes that are of an adult nature can be tried in either a juvenile court or an adult court system.

    Offenses

  1. Image by Flickr.com, courtesy of Porfirio
    Violent criminal acts can land juveniles in adult jails.
     Criminal offenses fall into three categories: felony, misdemeanor and infraction. Some offenses are unique to juveniles, e.g. curfew violations, truancy and unruly behavior. Meanwhile, juvenile offenders are categorized as either criminal offenders, juveniles remanded to superior court, informal probationers or status offenders.

    2. Differences

  2. The difference between conviction and sentencing in juvenile and adult justice is the treatment emphasized and support system involved, which translates into a more expensive operation when juvenile crime is involved.

    3. Prevention/Solution

  3. The juvenile system is concerned with treatment and rehabilitation, while the adult system focuses more on punishment. Additionally, juvenile criminals and "at risk" juveniles have the support of non-law enforcement agencies, such as community-based organizations, social service agencies and schools.

    4. Prosecution

  4. Moreover, the juvenile justice system will allow arrested offenders the humiliation of facing their parents, spending the night in juvenile hall, and communicating with a probation officer and/or judge. Most underage offenders who are caught and arrested will not be arrested as adults.

    5. Policymakers

  5. According to a Legislative Analyst's Office report on juvenile crime, there's a direct correlation between juvenile crime and a rise in juvenile populations. "To address this growth in crime, policymakers will have to pursue multiple strategies, including prevention, intervention, suppression and incarceration efforts."

Read more: Difference Between Juvenile and Adult Justice Systems | eHow.com http://www.ehow.com/facts_5929658_difference-juvenile-adult-justice-systems.html#ixzz1Cnkp8rQQ


Difference in Treatment of Juvenile Vs. Adult Offenders

By Laura Forester, eHow Contributor
updated: January 20, 2011

There are juvenile and adult offenders--and juveniles treated as adults.
handcuffs image by William Berry from Fotolia.com
The United States does not have a standardized juvenile justice system; each state follows its own discrete system with its own laws and conventions. Commonalities and differences exist between treatment of juvenile and adult offenders. There is significant overlap, however, as some juveniles remain in the juvenile justice system, while others are tried and convicted as adults in criminal court.

    Different Philosophies, Some Commonalities

  1. Different philosophies underly the juvenile and adult legal systems. The primary justifications for a separate juvenile court system are rehabilitation and treatment, with a secondary focus on community protection. Adult criminal courts are predicated on punishment and deterrence. This philosophical divide drives many of the differences between juvenile and adult treatment. Overall, juvenile justice systems are more protective of the accused so as to avoid stigmatization. Of course, juveniles have many of the same legal protections as their adult counterparts: the right to remain silent, the right to an attorney, the right to confront accusers and cross-examine witnesses and the right to appeal to a higher court.

    2. Transfer from Juvenile to Criminal Court

  2. Via myriad transfer mechanisms, all states allow adult criminal prosecution of juveniles under some circumstances. The National Center for Juvenile Justice reports in a 2008 analysis that direct file laws in 15 states allow prosecutors to decide whether a juvenile offender will be tried as an adult in certain categories of cases, which may have to do with age, offending history and/or the nature of the offense. Almost half the states do not specify a minimum age for at least one statute that transfers juveniles to criminal court; of the remaining states, the minimum age for transfer ranges from 10 to 15 years.

    3. Mandated Prosecution in Criminal Court

  3. Transfer is not the only method for getting juvenile offenders into adult criminal court. In the same analysis, the National Center for Juvenile Justice found that 29 states had statutory exclusion laws that carve out offenses for which prosecution as an adult is, in fact, mandatory. As of January 2010, two states prosecute all 16- and 17-year-old juvenile offenders as adults. As of January 2011, Campaign for Youth Justice estimates that 200,000 juveniles are treated as adults in the criminal court system each year.

    4. Juvenile Court Summary

  4. * Alleged offenders are referred to as "respondents."

    * Respondents are subject to a hearing before a judge but not entitled to a trial before their peers--that is, other juveniles.

    * A case-work approach is taken, which includes the youth's history as well as legal facts.

    * Court proceedings may be private to protect confidentiality.

    * Juveniles who have been found responsible are judged to be "delinquent."

    * Juvenile delinquents are given a disposition.

    * Public access to juvenile records is limited.

    5. Criminal Court Summary

  5. * Alleged offenders are referred to as "defendants."

    * Defendants face a trial, whether before a judge or a jury of their peers.

    * Adjudication is based almost exclusively on legal facts.

    * Court proceedings are always open to the public.

    * The accused is found "guilty" or "not guilty."

    * Guilty defendants are sentenced.

    * Criminal records are available to the public.

Read more: Difference in Treatment of Juvenile Vs. Adult Offenders | eHow.com http://www.ehow.com/info_7823931_difference-juvenile-vs-adult-offenders.html#ixzz1Cnl5rcXj


The Key Principles of the Juvenile Justice System

By Gabrielle Nicolet, eHow Contributor
updated: November 30, 2010
  1. blue on barb wire image by Douglas Judy from Fotolia.com
    Incarceration is a last resort for juveniles.
     The term juvenile justice refers to laws and procedures as they relate to criminal offenders who are not yet adults. It involves the treatment of juvenile offenders, the efforts to understand the root of their criminal behavior and ways to prevent such behavior. The juvenile justice system includes methods of preventing juveniles from entering the criminal justice system in the first place, diversion for those in the early stages of offending and protection and rehabilitation for those already in the system.

    2. Punishments

  2. The juvenile justice system must treat children fairly and with dignity. The juvenile system handles cases in a completely different capacity than adult cases. The law prohibits capital punishment and life imprisonment without the possibility of parole for anyone younger than 18 years of age. Depriving a child of basic rights and freedoms is only a consideration as a last resort after exhausting other solutions. When determining a sentence for a juvenile offender, a judge should consider the child's age and developmental level while also keeping in mind the best interests of the child.

    3. Restorative Justice

  3. Unlike the adult system, which bases its system on retributive justice, the juvenile justice bases its system on restorative justice. Restorative justice focuses on the positive rather than the negative and looks to give the juvenile offender a second chance. The key element in restorative justice is restoring the relationships between the victim, offender and society. The ultimate goal of this system is to prevent a child from turning into an adult offender and, in turn, reduce recidivism.

    4. Treatment

  4. In general, the juvenile justice system favors rehabilitation over punishment. According to the National Center for Mental Health and Juvenile Justice, about 70 percent of minors involved in the justice system meet the criteria for a diagnosable mental health disorder. Children in the juvenile justice system are typically asked to complete services offered within their communities, schools and/or institutions to help them address mental health disorders, substance abuse issues and family/peer problems. The system prioritizes education and preparation for adulthood. The hope with this approach is that the child will eventually become a productive, independent, law-abiding citizen.

Read more: The Key Principles of the Juvenile Justice System | eHow.com http://www.ehow.com/list_7576178_key-principles-juvenile-justice-system.html#ixzz1CnlGHqoz

The Juvenile Justice Reform Act

By Carly Reynolds, eHow Contributor
updated: July 29, 2010
The Juvenile Justice Reform Act was passed in 2003 with the intent to change the juvenile justice system within Louisiana. The mandates in the reform are carried out by the Juvenile Justice Reform Act Implementation Commission, a five-person board dedicated to the purpose of implementing the rulings in this act.

    Tallulah Youth Prison Closing

  1. The Juvenile Justice Reform Act calls for the closing of the Swanson Correctional Center for Youth in Tallulah, Louisiana, as it pertains to juveniles. This act also mandates that DPSC provide a plan for the placement of youth in Tallulah, as well as the reallocation of monies into community-based alternatives or future facilities.

    2. Placement Review Process & Licensing Standards

  2. The Juvenile Justice Reform Act mandates that juveniles undergo periodic reviews and that uniform standards are created for the licensing of juvenile detention centers.

    3. Children's Cabinet

  3. The Juvenile Justice Reform Act re-established the presence of a children's cabinet with the purpose of "reforming the delivery system of juvenile justice services to the Implementation Commission. This cabinet should create budgets of all costs for the Juvenile Justice System."

Read more: The Juvenile Justice Reform Act | eHow.com http://www.ehow.com/facts_6790034_juvenile-justice-reform-act.html#ixzz1CnlOfFoy


The Juvenile Corrections Act

By Donna McFadden, eHow Contributor
updated: May 13, 2010

The Juvenile Corrections Act of Idaho determines how youths are handled in the justice system.
angry face image by dinostock from Fotolia.com
The Juvenile Corrections Act is an Idaho law. It dictates how young offenders are to be treated in the juvenile justice system. It outlines the policies and procedures for various entities involved in the juvenile justice system. It provides a step-by-step guide of the juvenile's journey through the juvenile justice system.

    The Law

  1. The Juvenile Corrections Act was created in 1995 by the Idaho government. The law established the principles for the Idaho juvenile justice system which include accountability, community protection and competency development. The law deals with juvenile offenders, parent and guardian rights and obligations, correctional facilities, the court's obligations and responsibilities, rehabilitation and community services, and policies regarding incarceration and release. The law is comprehensive and deals with all aspects of the treatment of juveniles within the state's justice system.

    2. Jurisdiction

  2. The Juvenile Corrections Act gives the juvenile justice system jurisdiction over children and youths. According to section 20-205, "the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act." The court has jurisdiction in the county in which the resident resides or the county in which the criminal act occurred, depending on the circumstances. The provisions in section 20-505 may not apply to juveniles who violate liquor, smoking or traffic laws. It does not pertain to juveniles who commit violent crimes.

    3. Court Transfer

  3. In certain circumstances, a juvenile may be transferred to the adult court system. Juvenile courts may waive jurisdiction for juveniles who commit violent crimes. A youth 14 years old or older may be transferred to the adult system if the act committed would be a crime if committed by an adult. A person over 18 may be adjudicated in adult court for juvenile crimes committed prior to the age of 18. A motion for transfer may be made by the juvenile court, the prosecuting attorney or by the defendant. The court considers several factors in deciding whether to waive jurisdiction. These factors include the seriousness of the crime; the nature of the crime; and the maturity, history and past criminal record of the defendant.

    4. Incarceration

  4. Juveniles who are found guilty may be sentenced to a detention center. The law allows a judge to sentence the juvenile to 90 days of incarceration for every unlawful act the juvenile committed that would be considered a misdemeanor if committed by an adult. The judge may pass the same sentence for habitual offenders. The juvenile may be sentenced to 180 days for crimes and acts that would be considered a felony if committed by an adult. The youth must appear before the department for a review and determination of services needed within 90 days of entering the facility.

    5. Restitution

  5. The Juvenile Corrections Act requires offenders to pay restitution to their victims. The Probation Department is to make "reasonable efforts" to ensure restitution. Offenders must pay the restitution with their probation, through a work program or directly to the victim. In some cases restitution may be a condition of probation.

Read more: The Juvenile Corrections Act | eHow.com http://www.ehow.com/about_6512543_juvenile-corrections-act.html#ixzz1CnlXrFBP

The Federal Youth Corrections Act

By Steph Radabaugh, eHow Contributor
updated: July 22, 2010

The Federal Youth Corrections Act may offer juveniles rehabilitation options.
latticed prison window image by Stasys Eidiejus from Fotolia.com
In 1950, the federal Youth Corrections Act (YCA) was amended to initiate rehabilitation options for juvenile offenders. Before the 1950s, children seven and older received the same treatment as that of adults in the judicial system. According to Charles Doyle of The Congressional Research Service, the needs of juvenile offenders continue to receive the attention of lawmakers.

    Pre-1950s

  1. the ridges image by Jennifer Stone from Fotolia.com
    Training schools offered confinement options for deliquent boys.
     The creation of training schools for boys initially addressed juvenile delinquency. Training schools for boys aged 10 to 16 provided education and reform in Illinois. The training schools also provided confinement to delinquent boys aged 16 to 21. In 1908, training schools for boys spread nationally. The Federal Youth Corrections Act, which provided special attention to those criminals under the age of 18, was implemented in 1938.

    2. 1950 Amendment

  2. In 1950, the federal YCA was amended to include rehabilitation and treatment options for juvenile delinquents. According to Charles Doyle of The Congressional Research Service, the 1950 amendment remained unchanged until the 1970s.

    3. 1974 Amendment

  3. In 1974, Congress revised the YCA. The revised YCA included the ability to offer more procedural options to juveniles who committed severe crimes such as murder or kidnapping.

    4. 1980s Revision

  4. In 1984, the YCA was amended to include options for treating juveniles as adults for serious crimes. The revised YCA included a list of crimes that warranted a juvenile's transfer within the court system as an adult.

    5. State Response

  5. After the 1980s, the state court systems for juvenile sentencing took precedence over federal courts, except for cases involving violence and drug activity.

Read more: The Federal Youth Corrections Act | eHow.com http://www.ehow.com/about_6756506_federal-youth-corrections-act.html#ixzz1CnllEhMF


What Is the Youth Correction Act?

By Virginia Gaskin, eHow Contributor
updated: November 16, 2010

Handcuffs worn by criminals
handcuffs image by William Berry from Fotolia.com
A congressional committee recommended that the development of the Youth Correction Authority Act be continued after the original introduction to six states was not well received. This act was developed to help reduce repeat crimes committed by those 16 to 21 years old.

    Creators

  1. The originators of the Youth Correction Authority Act were members of the American Law Institute. A survey was performed to research the acceptance of the act by the American Psychiatric Association.

    2. Time of Introduction

  2. The bills that include most of the features of the act were introduced to seven states in 1940, 1941 and 1942. They were introduced to Kansas, Wisconsin, New York, Illinois, California, Michigan and Pennsylvania.

    3. Survey Results

  3. The American Psychiatric Association followed the results of the survey regarding the acceptance of the bills. Only California introduced and accepted the bills in 1941. The other six states did not pass the bills after they were introduced.

    4. Act Details

  4. One portion of the Youth Correction Act says, "If the court desires additional information as to whether a youth offender will derive benefit from treatment under subsection (b), it may order that he be committed to the custody of the director for observation and study."

Read more: What Is the Youth Correction Act? | eHow.com http://www.ehow.com/facts_7352135_youth-correction-act_.html#ixzz1CnlvkwrT



 

Posted by Advocates _for_abandoned_adolescents at 4:13:00 AM

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