Juvenile Justice System

Juvenile Justice System

Imagine a child playing with another child outside pushing and shoving each other around. One child pushes the other one too hard and the other one falls on the ground, hitting his head on a rock. The impact of the fall causes hemorrhaging of the brain and the child dies. The parent of the deceased child presses charges against the child who pushed him in the first place. The child will either serve time in jail or enter a treatment program for anger management, depending on the circumstances surrounding the child's life.

Here is another scenario to think about. Police respond to a noise complaint at a party full of minors drinking alcohol and using drugs although the parents are in the next room. The parents are irresponsible by allowing this to take place in their home, but the children should know that under-aged drinking and the use of drugs is illegal. This paper will provide reasons under certain circumstances, rehabilitation should be the key focus of the juvenile justice system, not harsh punishment.

One point the investigation will focus on is the intentions of the child who pushed his friend. The investigation must determine if the child was just playing or if he was angry at something else prior to playing with his friend. One would not know unless one investigated further into the child's life to determine the circumstances leading to this incident. The investigation could turn up a numerous results, which could lead to numerous ways to handle the situation.

The first scenario shows the child was angry at his parents for grounding him for bad grades. He sneaks out and goes to his friend's house to see if his friend could play. His friend does not know he is grounded so he plays with him. They are out in the yard, wrestling the way little boys like to play around. One shoves the other too hard because he is angry at his parents, not realizing he was taking it out on his friend. A circumstance such as this is crucial in determining whether the child receives jail time or a chance to be rehabilitated. A solution in this scenario would be recommending the child to participate in a mandatory anger management program.

The second scenario shows the child was playing rough and did not realize his own strength. He also did not know his friend would take a bad tumble backward and certainly did not see the rock protruding from the ground. After all, he did not know his friend would land head first onto this rock. In this case, the child should receive some type of punishment. Because it was an accident, he would receive a lesser punishment.

A solution to the second scenario would be to place the child on probation. During his time on probation, he would be supervised by a probation officer and would have to meet several requirements. Some of the requirements include attending school on a regular basis, obeying the law at all times, attending counseling or even restitution (Seigel & Welsh, 2005, p. 343). In this scenario, restitution would compensate the victim's family. Violation of probation conditions can result in placement into juvenile hall or secure detention facility.

The key to determining what type of punishment fits a crime committed by a child is thorough investigation by qualified personnel. Child psychologists and family counselors would be the most likely people involved in the investigation because the object is to determine what the child was thinking when he or she committed this crime. Factors discovered through such investigations could explain why the child developed criminal behaviors in the first place.

If the investigation proved that the child was angry when he pushed his friend, one would think harsh punishment would be the solution. I do not believe this is the case because the child is already angry. Institutions that have adapted the "punitive approach" have become something of a torture house for children (Krisberg, 2005, para. 4). This is just an example of a system who is power-hungry and feels the need to control rather than help these children develop into productive citizens. Most children act out negatively because they are looking for attention, whether it is positive attention or negative attention. At least someone is paying attention to the child. By participating in rehabilitation programs run by specialists, these children are receiving positive attention that could help them reform.

"Swift and certain punishment is the most effective means of suppressing crime" (Sukhai, 2005, para. 3). Some children possess the "you can't touch me" attitudes, who are accused of aggravated assault or attempted first degree murder. Some people would even agree that crimes such as vandalism, underage drinking, and trespassing on private property could lead to more serious crimes if not dealt with appropriately and swiftly (Sukhai, 2005, para. 12). I agree, rehabilitation is not meant for ALL offenders. However, the criminal history of the offender should be taken into consideration when determining his or her punishment. If he or she has a criminal background, rehabilitation has not worked and the situation requires more severe actions. Severe punishment should not be ruled out, but it should not be used as the only method of corrections in juveniles.

According to Laura Carnell (2005, para. 1), "for a majority of young offenders, harsh punishments may actually increase the chance of future criminal activity." Some children would believe they are threatened if they are placed in a hostile environment with other juveniles. They could develop the same negative attitudes as other juvenile delinquents during the time of their incarceration. The goal is not to traumatize the juvenile offender but to figure out the cause for the delinquent behavior. The child may have abusive parents, abusive relationships, or the child could be bullied at school, causing him or her to become angry with society. Carnell (2005, para, 7) uses the analogy, "When a drug that has been prescribed for an illness fails to work, the best response is not always to give more of the same medicine but to change the course of treatment."

"The onset of violent behaviors usually reaches an adolescent by the age of 16" (Violent Youths Need Rehabilitation, Not Punishment, 2007, para. 3). Several reasons cause violent behavior among adolescents. The first possibility is that the adolescent's brain has not fully developed yet. Some children have fully developed brains by the time they reach puberty, while others are still developing by age 26 (Violent Youths Need Rehabilitation, Not Punishment, 2007, para. 11). Another possibility is