Mallory Collins

ENG 112

Mrs. Carrol

24 February 2020

Juvenile Criminal Punishment Development

In the United States there is a special judiciary system that deals with delinquent acts that are

committed by minors, this system is called the Juvenile Justice System. The Juvenile Justice System is

one division of the American Criminal Justice System, the other being the Criminal Justice System.

Micheal Ritter says that before the establishment of the Juvenile Justice System, “The philosophy of the

criminal justice system emphasized punishment instead of rehabilitation of child offenders” (Ritter).

Children or minors were not differentiated between adults in the justice system, and were tried to the

same standards as an adult. A great deal of controversy has developed along with the Juvenile Justice

System and its practices. The difference of opinion is wether or not the Juvenile Justice System lowers

rates of recidivism, or if the Justice System lacks the modernization to effect repeat offenses. To

understand the differing view points it is important that the history of the Juvenile Justice System and its

similarity to the Criminal Justice System be explained first.

Although there is now a separation in the American Criminal Justice System between adults and

minors, the Juvenile Justice System still procedes with similar practices to the Criminal Justice System.

Therefore, the Criminal Justice System still has a large influence on what happens in the Juvenile Justice

System. A instance of this type of influence would be, “The juvenile court's use of electronic monitoring

is a prime example of an adult correctional practice adopted in the absence of critical reflection and

evaluation of potential harms for minors” (Arnett). The electronic monitoring for juveniles has not been

specified to fit accommodations that juveniles must endure that adults do not.

Juveniles have been protected by the Supreme Court to not be subjected to punishments such as

the death penalty, life in prison without parole, and improper Miranda waivers (Troutman). Juveniles are
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not protected completely from these extreme punishments, “Illinois accountability law views the decision

to engage in any crime, misdemeanor or otherwise, as the only necessary element to support a conviction

on accountability theory” (Troutman). With this theory set in place there is no leniency set for juveniles

because they are not adults. So there is a loophole to subject minors to a conviction that by ruling of the

Supreme Court should not be likely. Since the rise of juvenile justice, juvenile punishment has differed

from punishments set for adults but there is still many similarities in both cases.

The Juvenile Justice System may have some likeness with the Criminal Justice System, but that

does not stop it from providing a reduction in recidivism in juveniles. Developments in juvenile justice

includes the implementations of new programs that the purpose is to deter offenders from repeating

offenses. One of these programs was established in Jefferson Parrish, La, this program is called Juvenile

Employment Opportunities or JEO. JEO is said to establish in juveniles “feelings of achievement,

accomplishment and self-worth that a juvenile gains by successfully obtaining and holding a job or a

powerful counter to the experience of school failure, dysfunctional home settings, low self-esteem and

poor self-image that characterize so many of today's juvenile offenders” (Bauer). With positive feelings

like those associated with JEO it is an effective program, but Bauer says that there are some participants

who do not keep their employment. However, if one can find a way to remedy this fault then it would

effectively lower recidivism.

A second alternative for juveniles in the judiciary system is “Teen Court (also known as youth

court or peer court) as an alternative type of “court” used to divert juvenile offenders from formal

processing” (Bouchard and Wong). Teen Court mainly used for minors who commit smaller

misdemeanor acts and will mostly likely not have become a repeat offender (Bouchard and Wong). With

an alternative for youth that commit lesser crimes this should allow for lower rates of recidivism. Teen

court also have “high rates of program and sentence completion” (Bouchard and Wong). Therefore, this
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alternative that is found in the Juvenile Justice System has shown results to have lowered recidivism in

minors.

Evidence shows a fall in the rates of repeat offenders in juveniles, but that does not stop some

from believing that the Juvenile Justice System is underdeveloped. With the theory that the Juvenile

Justice System is not updated enough comes the ideas that it is not equipped to continue lowering the

percentage of juvenile repeat offenders. With the advancement of using electronic monitoring as a

disciplinary action. When minors are subjected to this punishment they “receive the same treatment as

adults under electronic surveillance” (Arnett), therefore this practice is not fitted to the juvenile system.

This allows for people to criticize the Juvenile Justice System and say that their practices are not

modernized, so they associate that with the inability to lower recidivism rates.

Due process by dictionary definition means “fair treatment through normal judiciary system”, and

the Untied States due process is by law meant to be inforced in court systems. However, sometimes it is

found that some people are not treated fairly. Juveniles are citizens therefore they are subjected to the

right to fair treatment in the judicial system. Carmicheal and Burgos have found evidence that in areas

where, “a Republican controlled legislature and a Republican governor significantly increase the length of

sentence for juvenile offenders sentenced in adult courts” (Carmicheal and Burgos). So juveniles that are

sentenced in areas with large Republican influence are subjected to strict punishments. This finding shows

that juveniles justice has not advanced enough to protect juveniles in adults courts. If juveniles are only

protected in cases held in juvenile court then what can you expect from those sent through the adult

justice system. Recidivism rates should be considered in cases that pertain to juveniles in adult court,

juveniles need to be sentenced to rehabilitation so they do not become a repeat offender.

The topic of the American Criminal Justice System and its advancements are a largely debated

topic when it comes to the rate of repeat offenders in juvenile justice. The first idea is that juvenile justice

has obtained modern advancements that have resulted in a decline of repeat offenses. The opposing idea is
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that juvenile justice is not equipped with the proper tools to handle rehabilitation, which does not lead to a

reduction in recidivism. While both these ideals are vastly different it is very important to know that the

point of the matter is to help keep children from falling into a life of crime and having a better future.

Juvenile justice plays a substantial role in the rehabilitation of minors and for recidivism rates to be

lowered this role must continuously be effective.

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Work Cited

Arnett, Chaz. "CRIMINAL LAW: VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND

THE ADULTIFICATION OF JUVENILE COURTS."​ Journal of Criminal Law & Criminology,​

vol. 108, no. 3, 2018, pp. 399-454​. ProQuest,​

https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/2124044714?ac

countid=10163​.

Bauer, Craig A. "Juvenile Job Placements as Alternatives to Incarceration."​ Corrections Today​, vol. 57,

no. 2, 1995, pp. 162​. ProQuest​,

https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/215712485?acc

ountid=10163​.

Bouchard, Jessica, and Jennifer S. Wong. "A Jury of their Peers: A Meta-Analysis of the Effects of Teen

Court on Criminal Recidivism."​ Journal of Youth and Adolescence,​ vol. 46, no. 7, 2017, pp.

1472-1487​. ProQuest​,

https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/1907722287?ac

countid=10163, doi:​http://dx.doi.org/10.1007/s10964-017-0667-7​.

Carmichael, Jason T., and Giovani Burgos. "Sentencing Juvenile Offenders to Life in Prison: The

Political Sociology of Juvenile Punishment."​ American Journal of Criminal Justice : AJCJ,​ vol.

37, no. 4, 2012, pp. 602-629​. ProQuest​,

https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/1139413446?ac

countid=10163, doi:​http://dx.doi.org/10.1007/s12103-011-9135-1​.

Ritter, Michael J. "Just (Juvenile Justice) Jargon: An Argument for Terminological Uniformity between

the Juvenile and Criminal Justice Systems."​ American Journal of Criminal Law​, vol. 37, no. 2,

2010, pp. 221-240​. ProQuest​,

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https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/835133174?acc

ountid=10163​.

Troutman, Brooke. "A MORE JUST SYSTEM OF JUVENILE JUSTICE: CREATING A NEW

STANDARD OF ACCOUNTABILITY FOR JUVENILES IN ILLINOIS."​ Journal of Criminal

Law & Criminology​, vol. 108, no. 1, 2018, pp. 197-221​. ProQuest​,

https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/2014525399?ac

countid=10163