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Parens patriae in a essay dealing with juveniles justice
Provide and discussion of the history of the juvenile justice system
Outline for the history of juvenile justice paper
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Not only does Berstein call for an overall reform of this nation’s juvenile prisons, she goes as far as saying the practice of locking up youth is in need of a “more profound than incremental and partial reform” (13). The fact that Bernstein outlines the numerous failed strategies and goals of this practice with her compelling use of studies and statistics is enough to promote an audience to reject the practice of locking up youth. The statistic she shares that “four out of five juvenile parolees [will be] back behind bars within three years of release” as well as the studies she conducted on numerous instances when a guards abuse of power lead to the death of a child work to further prove her point: being that “institution[s] as intrinsically destructive as the juvenile prison” have no place in a modern society (13, 83). Bernstein refutes this false sense effectiveness further by sharing her own ideas on what she believes works as a much more humane solution to rehabilitating
The matter by which juveniles are processed and handled in the criminal justice system vary on the model and philosophy being used in the proceedings itself. If Parens Patriae, or the Treatment Model was being used, The state would deal with juveniles differently than it would adult offenders, in a much more gentle and caring way, which would be considered informal and flexible. The judge would act in a very calm and caring manner, and would attempt to probe the roots of the child's difficulties. The Treatment Model views child delinquency as some sort of underlying personality problem.
According to the text, parens patriae originated in England during the 12th century, meaning “Father of the country”. Parens patriae gave the “King in charge,” authority over juveniles. In the United States juvenile justice system, parens patriae relates to the responsibility of government regarding the idea of rehabilitation of juveniles, that commit a crime or a “status offense.” (pg 10) Most often in the juvenile justice system dispositional options are either nominal or conditional” with the idea of confinement as a “last resort.”
“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.
Hey Priscilla, you bring up a good point about the separation between juveniles and adults when it comes to the justice system. I agree that parens patriae should not be dispose since the government has to protect minors that can not protect them self. I know most juveniles lack maturity, development, and cognitive thinking skill in comparison to an adult, but it may be in the community they live in. Most juveniles that live in high crime areas are born into the criminal lifestyle and with parens patriae they can live a better life away from all crimes. Like you mention, juvenile offenders should join community based residential facilities to improve their well being, if they are dealing with minor offenses.
Everyone has heard of the juvenile justice system; however, how many people have dealt with it firsthand? Not many people actually know what goes on behind the closed doors of these “rehabilitation centers” and the injustice that occurs within. Instead of rehabilitating children, the juvenile justice system treats them as adults, leaving them helpless and on a straight path to failure. The multi genre piece (MGP) called “Juvenile Justice System,” written by Brooke Hermiller, brings to light the unfairness caused by the juvenile justice system. Hermiller’s argument regarding the corruptness of the juvenile justice system is strengthened by her use of multiple genres, including letters, narrative stories, articles, and even a recipe.
Today, in society the double standards of juvenile justice system is when the “double bind’ that are created to deny girls and women the opportunity to gain power. Even though the juvenile justice system is suppose to be set up where it promotes racial equality, it does not for women. It is set up where gender is set with certain roles and behavior for men/boys and women/girls. In society, gender forms the roles of what girls and boys can and can’t do. It also sets up how certain crimes are seen depending on gender.
The Supreme Court’s approach to the constitutionality of an automatic life sentence for juvenile homicide offenders focused on youth charged as juveniles while failing to acknowledge the modern trend to transfer juveniles to adult court for prosecution, resulting in a failure to incorporate protections for juveniles sentenced in adult court. Part II of this comment will review the history of case law concerning sentencing of juvenile offenders. Part III will evaluate the details and holding in Booker. Part IV will evaluate the Court’s reasoning in Booker. Part V will suggest how the Court may further protect juveniles in the justice
The Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law.
Imagine being a child imprisoned for committing a crime for which you did not understand the consequences. Alone and afraid, with only hardened criminals and psychopaths as adult role models, you live in fear. Through a vicious combination of physical, sexual, emotional, and mental abuse, there is no option but to turn back to crime as an adult, and continue the cycle. This is a daily reality for thousands of American juveniles. Yet, we continue to call it the juvenile justice system.
The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders.
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Never hold a juvenile at an adult facility. Juveniles subject to the original jurisdiction of the juvenile courts because of their age and offense cannot be held in jails and law enforcement lockups in which adults also may be detained or confined. 2. In what year and location was the first juvenile court established?
