American juvenile justice system

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The American juvenile justice system is the court and prison system in the United States established to try and, if found guilty of an offense, imprison those considered juveniles. Because every state in has its own laws and judicial system, each is slightly different in how it runs its own juvenile justice system.

1 History
2 Drawbacks
3 See also
4 References
5 External links

[edit] History

It was established by Jan in 1886 in Chicago as a byproduct of the Progressive Era. Before this, anyone under the age of seventeen who committed a crime was placed in the same system as adults. However, by this time, social views had begun to change. With recent discoveries and research by psychologists, many started to see juveniles as youths who had simply lost their way, rather than as hardened criminals. It was belief that with proper structure and disciplanary guidelines instituted in the youth's life they could be rehabilitated and become productive members of society.

The qualifications for what designates a minor as “juvenile” under the law vary from state to state. In most instances, the system applies to anyone between the ages of seven and seventeen. Anyone younger than seven is not held accountable for their actions. This is called the defense of infancy.

The focus of the juvenile justice system is to rehabilitate juveniles, rather than imprisoning and punishing them. Many states, such as Massachusetts, have special courts set aside just to try juveniles. Others, such as Colorado, have courts that deal with juvenile cases in addition to regular ones.

In many states, such as Massachusetts, juveniles, upon arraignment, enter a plea of "delinquent" or "not delinquent," rather than "guilty" or "not guilty." The purpose of this is to establish that they are different from a regular criminal.

Unlike normal proceedings, which are almost always open to the public, juvenile courts are usually closed to the public. Juvenile records are often sealed (made so that they cannot be seen), and are sometimes even cleared when the juvenile reaches a certain age (usually eighteen or twenty-one). In Massachusetts, all court records, including juvenile court records, exist forever. Sealing or expunging a juvenile court record in Massachusetts does nothing. The record is still available to law enforcement agencies and the courts. It is common practice (and in some places even a law) for the news media to not report the name of any minor involved in criminal proceedings. Juvenile court cases are usually decided upon by a judge, rather than by a jury.

The juvenile prison system works under the same philosophy as the rest of the justice system, focusing more on rewarding good behavior, rather than punishing bad. Delinquents being held in these facilities are given the opportunity (and usually ordered by the court) to attend schooling and receive their high school diplomas, GED, or even college credits. Many detention centers offer the inmates a chance to have jobs working around the prison, such as being a teacher’s assistant, gardener, or kitchen staff member.

The Nebraska Correctional Youth Facility has a program called Project HEART, which gives inmates the chance to take care of and train dogs that has been abandoned. If the juvenile does a good job taking care of the it, the animal may be set up for adoption through the local humane society.

[edit] Drawbacks

However, the system does have its drawbacks. With rising youth violence in the 1980s and '90's killing many people, many states passed stricter laws determining who should be tried under the juvenile justice system. Whereas it was once the decision of the judge, in some states, those charged with certain crimes are automatically tried in superior court, even if they are minors.

In Massachusetts, for instance, any juvenile between the ages of fourteen and seventeen who is charged with first or second-degree murder, any type of gun violation, or any crime relating to gang violence is automatically tried as a youthful offender, which really means that the juvenile is charged as an adult. If convicted, the juvenile will be sent to an adult prison to serve the imposed sentence.

Juvenile detention centers do not always work the way they are supposed to either. Prisoner to prisoner, and guard to prisoner, violence can be just as bad as in adult prisons. Gang fights and riots are not uncommon. In some places, the violence is so bad that inmates may be confined for many months without classes. Allegations of abuse and mistreatment by guards are common.

The U.S. Justice Department filed several suits against several outsourced juvenile facilities in response to recent cases of abuse by guards. Cases of sexual abuse, extreme physical abuse and restraints being uses, and in some cases death. ^[1]