Juvenile Justice System in the New Era

In: Social Issues

Submitted By ritspranav
Words 10255
Pages 42

S.No | Description | Page No. | 1. | Introduction | 3 | 2. | Historical background | 4 | 3. | Evolution of juvenile justice system I. Several unique feature characterized in early juvenile court II. English idea of providing separate system for juvenile offender III. The Reformatory schools | 5 | 4. | International concern I. Relevant Article from UN convention II. Movement of Juvenile justice in India | 7 | 5. | Indian legal Provision I. Constitution provision II. Penal provision III. Juvenile justices provision a. Reformatory school Act-1876 b. Children Act-1960 c. Juvenile justice Act-1986 IV. Juvenile justice(Protection and Care) Act-2000 | 10 | 6. | An Analysis I. Who is a juvenile in conflict with law II. Age of criminal responsibility and determination of juvenility III. Present conflict about the age | 14 | 7. | Indian Reformatory approach I. The Child Welfare Committee(CWC) II. The juvenile justices board III. Police IV. Probation Officer V. State government | 16 | 8. | At present- Extent of delinquency in India-NCRB Report | 18 | 9. | Root causation of increasing number of juvenile | 23 | 10. | Role of the society | 26 | 11. | Judicial efforts | 27 | 12. | Recommendation | 28 | 13. | Conclusion | 30 |


42% of our population is children; the problem of juvenile delinquency is not new but this seek our attention recently very much because of that brutal incident which occur in Delhi. But that is not a only incident of its types many of such happen after that one and many unfortunate incident we have seen before that but no doubt it was an eye opening incident. As far as I think the most heinous crimes among the all, which happen by the society or against the society is crimes against the children and crimes by the children. My…...

Similar Documents

Autism Playing a Part in the Juvenile Justice System

...Stephanie Wimber CJ 2330 Bart Woolley Term Paper Autism: Playing a Part in the Juvenile Justice System When examining the juvenile justice system, a key factor that needs to be addressed in society today must include the aspect of juveniles with Autism. Up until ten years or so ago the concept of autism was basically unknown and non-factor in dealing juveniles. Research now shows that in Utah alone one in every forty-seven children born is born with some form of Autism. ( http://www.stellamarie.com/index.php/2010/06/24/autism-rates-per-state) Having this information we now must examine what part Autism plays with juveniles, our role in addressing the issues, and ways that we can protect and educate society on this very important epidemic issue. In this article I will address three key issues on Autism; facts and identification of autism, case research in the juvenile system, and education for first responders. This topic touches the lives of so many families, including mine. For this reason we must do our part to aid in the awareness of its debilitating effects and find ways to keep these very special kids out of the juvenile justice system and with their families, where they belong. Before we can understand why there are so many children in the juvenile justice system, with this disability, it is important to recognize the signs and symptoms of the disease itself. In an article titled, “Effects of Autism on Communication” (Edelson), he writes, “Speech development......

Words: 2780 - Pages: 12

A New Approach to Juvenile Justice

...A New Approach to Juvenile Justice Stephen Stivason Strayer University Juvenile Delinquency and Justice September 7, 2011 Introduction There is little doubt that there is a fundamental problem with the contemporary American approach to juvenile justice. That is because the focus of the U.S. juvenile justice system is heavily based on procedural safeguards that protect juvenile rights whereas there may be more important concerns. Certainly, the rights of juvenile defendants must be protected and sentences should continue to reflect the different needs and capacity for reform of juvenile offenders as compared to their adult counterparts. However, much more emphasis should be devoted to the prevention of juvenile crime by addressing fundamental factors believed to be responsible for it. From a cost-benefit analysis, preventing juvenile criminal involvement is much more important than focusing on reform and on other aspects of criminal justice that are only triggered after criminal activity is perpetrated. In principle, it is much more beneficial to society—as well as to potential juvenile offenders—to provide the necessary assistance and opportunities to prevent criminal inclination rather than devoting the bulk of resources to offenders. Recognizing the Principle Causes of Juvenile Crime Generally, some of the most important causes of juvenile crime are: (1) Social Control Theory issues, (2) lack of supportive family environment and structure, (3) exposure to......

Words: 910 - Pages: 4

Juvenile Justice System

...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried,......

Words: 1210 - Pages: 5

The Juvenile Justice System

...non-criminal behavior simply because there was no other solution. “The adult criminal code applied to children, and no juvenile court existed” (Siegel & Welsh, 2011). Because of this Houses of Refuge were created. Houses of refuge were the early introduction to juvenile justice. A house of refuge was ‘the first institution designed to house poor, destitute and vagrant youth who were deemed by authorities to be on the path towards delinquency” (Center on Juvenile and Criminal Justice, 2013). They were created and designed by the child savers to target youth who showed signs of delinquent behavior. Houses of refuge were located in impoverished or urban areas. They eventually became overpopulated because it, like adult prisons, was housing delinquent juveniles with not form of rehabilitation. A new plan of action had to take place to correct this system. The top goal of the juvenile justice system is to prevent crime and by juveniles and rehabilitate those that were accused of offenses. The juvenile justice system began finding alternative ways to deal with deviant youth. In 1874 The Society for the prevention of cruelty to children or SPCC was created in New York. This organization was created to protect youth exposed to neglect or abuse at home and at school. Parens Patriae was introduced and it allowed to the state to take over custody and rights over a juvenile that was subjected to any form of neglect, or abuse at home. Youth today are not really treated fairly. It......

Words: 999 - Pages: 4

Future of the Juvenile Justice System Proposal

...Future of the Juvenile Justice System Proposal Gina Tompkins, Marcus Hall, Terri Washington, Victor Jones CJA 374 November 24, 2013 Bruce Clingan Future of the Juvenile Justice System Proposal The juvenile justice system is designed to correct and change the behavior of juvenile offenders. Change in behavior is an indication the system is working. If there is no change, the system is deemed ineffective and a team of juvenile justice consultants are called in to make corrections. In reality, this team is composed of four state officials whose sole purpose is to develop a proposal to present to the state legislature for recommendations of adjustments to the juvenile justice system. This team of consultants is creating these recommendations including all aspects of community, law enforcement, courts, corrections, and the private sector or privatization involvement. The community should be involved in the future of the juvenile justice system along with funding, awareness, and assistance from the state. Characteristics of the Golden Program and the Reclaiming Futures Program The recommendation to the state legislature is to improve the juvenile justice system by introducing proven ways of enhancing community involvement through community-based programs such as the Golden Program and the Reclaiming Futures Program. One proven way to improve effectiveness according to Nissen (2007), is a program named Golden (the integrated care network) that involves court......

Words: 2603 - Pages: 11

Juvenile vs Adult Justice System

...Adult Justice v Juvenile Justice System There is no question that if a person is involved in any type of crime they will at some time make their way through the justice system. However, when that person is an adolescent they will go through the juvenile justice system, as an adult would go through the adult justice system. Even though the crimes of each can be of the same manner or hold the same severity the punishment results can differ. The main reason for having the two different justice systems is that children cannot be held to the same punishment levels as an adult. Even though a child has committed the same crime an adult may commit, not every child has a mental understanding to make mature adult like decisions. The juvenile justice system was made in effort of saving children. (Siegel, pg281) The thought that a child has suffered from abuse or neglect among other factors; they could be rehabilitated into productive members of society. Much like an adult justice system a juvenile justice system also has different stages of the process. Whether it is an adult system or juvenile system the parties involved will have the right to an attorney, the right to cross examine witnesses, be notified of charges, and the prosecution must prove guilt beyond reasonable doubt.(legalmatch,2014). This is known as Due Process, which for many years’ juveniles did not have the rights to. This was due to the fact that juveniles were not being punished but yet rehabilitated. Things...

Words: 995 - Pages: 4

Future of the Juvenile Justice System

...Future of the Juvenile Justice System The future of the juvenile justice system is uncertain. There is a struggle to try a find a way to serve the needs of the juvenile delinquents and issue them a punishment for violating the law. In order to improve the direction of the juvenile justice system, recommendations are needed regarding community involvement, law enforcement, courts, corrections, and the private sector. These recommendations address issues that the system is currently facing and offers solutions for the future. A justification of the system is also offered based on the histories, trends and causation theories. Community Involvement Community involvement is an important aspect of the juvenile justice system. Police form communities ties through their involvement and contact with those in the community. Juvenile attitudes and perceptions of police are based on several issues. Weakened community ties, fear of crime, and higher levels of strain contribute and create negative juvenile attitudes towards law enforcement. Individuals that do not have contact with the police tend to have the highest perception of law enforcement. In an analysis of juvenile attitudes, it was found that juveniles that had contact with police through prevention programs had similar attitudes towards the police as those that had no contact with law enforcement (Brick, Taylor, & Esbensen, 2009, p. 493). Adjudicated youth with disabilities transitioning back into the community are......

Words: 1280 - Pages: 6

History of Juvenile Justice System

...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...

Words: 3409 - Pages: 14

Juvenile Justice System

...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...

Words: 783 - Pages: 4

Juvenile Justice System

...Juvenile Justice System Essay Juvenile justice is something that our country has been dealing with for a very long time, since the first juvenile court in 1899. There is something that goes along with juvenile justice and that is dissenting justices. What that means is an opinion in a legal case written by one or more judges expressing disagreement. Before the first juvenile court, a juvenile delinquency had to be processed through the adult justice system. This system gave youths much more harsh penalties. Separate juvenile courts started appearing in every state by 1945. In 1966, a young boy named Gerald Gault was taken into custody for making a telephone call that was obscene. Gerald Gault was 15 years old and had previously been on probation. When Gault was arrested, his parents happened to be at work and the police did not leave any notice to them. Gault was then held before a juvenile court and was further admitted to the State Industrial School until he was 21 years old. The disagreements between the judges were if the procedures that were used to commit Gault were legitimate under the Due Process Clause of the Fourteenth Amendment. This decision was made by Judge Mcghee and was later found to be wrongly decided. The Court found Gault’s case met none of the requirements of the Fourteenth Amendment. These requirements include notification of both the parents and the child the juveniles opportunity for confrontation and cross-examination during hearings,......

Words: 536 - Pages: 3

Pros and Cons of the Juvenile Justice System

...Pros and Cons of the Juvenile Justice System Under most state laws, juvenile offenders do not commit "crimes", they commit delinquent acts, and some of these acts would constitute as crimes if committed by an adult. The trial phase of a juvenile case is called an adjudication hearing. This is when the judge hears the evidence and makes a determination whether the child is delinquent or not. The court may then take whatever action it deems necessary to be in the child's best interest. The purpose of the juvenile court is to rehabilitate, not to punish. However, the clash point in this debate is whether juveniles are mature enough to handle the consequences of their actions and as well be punished more severely in adult courts, if they commit more serious crimes. One of the basic problems and source of this debate is determining where to draw the line. A crime is still considered a crime, no matter who commits it. That is the attitude of many in this country that leads to the question of whether or not the whole juvenile system should be discarded and allow the judicial system of criminal courts to try both children and adults under the same law, with the same rules. Here are a few points that will help elaborate on why eradicating the juvenile system might be considered a bad idea. On most occasions, we'll find that the kids who have committed a crime are as young as 9 and 10. It is an understood and even proven in facts that a child at an age like this, dose not have......

Words: 1468 - Pages: 6

Future of the Juvenile Justice System

...are many juvenile programs such as job programs, education, and drug programs. There are computer training that can help teen and minors learn computers, Many Teens and Minors can learn a trade such as fixing cars, as a way that they can learn something new. Many juveniles come from bad backgrounds such as family, sexual abuse, gang life and sex trades, and other problems. These problems can help minors learn something help them be better adults in the future. It can help them see and feel that they have a chance in life. Engaging with families involves releasing false assumptions. Agencies must assess and respond to the real needs of the teens and Minors. Many communities want the juvenile justice system to change. Some want the teens and minors off the street and some want them to get help. Many want law enforcement to be more involved and courts to help them. Law enforcement will do all they can to help minors get off the street. They help by Engaging families and communities in a form of restorative manner Building capacity of community-based organizations and parent advocates; and this can Includes ways of impacted communities on how advisory boards and commissions on how it can be impoved. There are many juvenile programs such as job programs, education, and drug programs. There are computer training that can help teen and minors learn computers, Many Teens and Minors can learn a trade such as fixing cars, as a way that they can learn something new.......

Words: 994 - Pages: 4

Future of the Juvenile Justice System

...Future of the Juvenile Justice System Paper Christopher D. Herring Kimberly Sumptner Florence Ansong University of Phoenix CJA/403 Kellie Bauss January 24, 2011 Courts The juvenile court system has been around for a long time, dating back to the late 1800s when the United States was putting together some of the policies regarding youth offenders. The juvenile court system was just the same as the adult court system, youth offenders over the age of seven were placed imprisoned with the adults. (LawyerShop (n.d) But this policy would shortly change, society knew this would not work and decided it better to rehabilitate the youth rather than punish the youth. Therefore, the juvenile system was revised, youth were no longer imprisoned with the adults and no longer tried as adult offenders. Instead juveniles were placed in reform housing which are better known as reform schools. As time moved on the juvenile court system began to change even more, juvenile courts had jurisdiction over all cases involving youth under the age of 18, by the 1960s (LawyerShop, (n.d.) The juvenile court system had completely separated itself from the adult court system. However, the juvenile system would soon change, the juvenile crime rate began to rise in the late 80s and mid-90s, and would reach its peak...

Words: 884 - Pages: 4

Future Juvenile Justice System

...Future of the Juvenile Justice System Abel Rosas, Kimberly Garner, Brenda Brown Professor: Cory Kelly University of Phoenix CJA374 June 18, 2012 Introduction The juvenile justice system follows along the same lines and guidelines of adult court with a few exceptions to the rules and regulations. There are some changes that need to be made in order for the juvenile justice system to run better. We need to be more adverse in the decisions that are made for our youth of today and their futures tomorrow. What changes need to be made in order for a better adverse system to exist? How are we supposed to make sure that the changes that are made are going to be sufficient enough for everyone to follow? These are just a few questions that need to be answered. These are just a few changes that need to be made in order for the juvenile justice system to work accordingly. Community Involvement In order for the juvenile justice system to have any type of future, the communities need to get more involved in programs where these juveniles can go to after or before school. Prevention programs are very important in decreasing juvenile crime. Children need to know that their actions can have serious consequences and that there are programs out there that can help them if they choose to get help. There are many programs that have been successful in helping juveniles stay out of trouble these include: Boys and Girls Club, after school programs, family......

Words: 1882 - Pages: 8

Future of the Juvenile Justice System

...Future of the Juvenile Justice System Lashanna Banks-Augustus Bryan Knight Samantha Mathis Barbara Minish Jenny Sutton CJA 374 July 2, 2012 Mecca Brown The Future of the Juvenile Justice System In 1899 the first separate Juvenile Court system opened in the United Sates. The Juvenile Justice system design was to separate juvenile delinquents from adult criminals. Documentation proves that juveniles do not have the maturity level or the responsibility level of an adult to receive the same punishment as adults should. Juvenile Justice System main focus is rehabilitation as a replacement for punishment in which the adult court system focuses on punishment. The juvenile system methods are based on causation theories throughout history. However, with new trends comes new theories and with new theories comes a new wave of both rehabilitation techniques and designing those techniques to fit each juvenile personal needs; proving that change is in need throughout the different areas of the juvenile justice system. Community Community helps juveniles in different ways. Juvenile law will place them accountable for their actions. The community can help to hold the youths accountable for each of their delinquent actions. The community could help intervene by providing an effective intervention for the offender and to have the child protection protect the neglect or abused juveniles (The future of children). Each community should help develop different programs that will......

Words: 2199 - Pages: 9

Экшн | Greek Mythology and Religion | 艦これ太陽にほえろ!