Cecily Zamora
The existence of separate juvenile justice systems acknowledges that children who commit crimes differ from adults in terms of blameworthiness and capacity for change. Scientific research has shown key developmental differences between youth and adults that impact youths' decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youths from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation. Youth in the adult criminal justice system face a higher risk of sexual abuse, physical assault, and suicide, and they are denied access to essential programs and services, including education, treatment, and counseling services. The juvenile justice system, on the other hand, emphasizes rehabilitation over punishment and is better suited to meet youths' needs.
| Characteristics | Values |
|---|---|
| Number of youth facing adult prosecution | Increased in the 1990s due to the myth of a generation of "super-predators" |
| Youth in adult criminal justice system | Face a higher risk of sexual abuse, physical assault, and suicide |
| Youth in adult criminal justice system | Denied access to essential programs and services, including education, treatment, and counseling services |
| Youth in adult criminal justice system | Impeded chances for healthy development and successful re-entry into their communities |
| Youth in juvenile justice system | More opportunities for rehabilitation and education |
| Youth in adult criminal justice system | Exposed to harsh penalties, including death and life without the possibility of parole |
| Juvenile justice system | Emphasizes rehabilitation and education over punishment |
| Juvenile justice system | Provides greater possibilities for clearing a criminal record |
| Juvenile court procedures | Attempt to balance special protections for minors with their lack of all constitutional rights that adults have |
| Juvenile court | Juvenile records are usually sealed or expunged once the juvenile turns 18 |
| Juvenile court | Juvenile offenders do not have the right to a trial by jury of their peers |
| Juvenile court | Juvenile offenders may not have the right to bail or a public trial, depending on state law |
| Juvenile court | Juvenile offenders have extra protections that they would be unlikely to receive in adult criminal court |
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What You'll Learn
- The juvenile justice system's primary goal is rehabilitation, not punishment
- Juveniles lack the maturity of adults and are more susceptible to peer pressure
- Youth incarceration with adults denies them access to essential services and increases safety risks
- Youth are less blameworthy than adults and more capable of change and rehabilitation
- Juvenile records can create barriers to education, employment and military enrolment
The juvenile justice system's primary goal is rehabilitation, not punishment
The juvenile justice system was established to divert youthful offenders from the destructive punishments of criminal courts and encourage rehabilitation. The system is based on the belief that children who commit crimes are less blameworthy than adults and have a greater capacity for change. This belief is supported by scientific research, which has shown key developmental differences between youth and adults that impact their decision-making, impulse control, and susceptibility to peer pressure.
The juvenile justice system has undergone substantial changes since its establishment. Originally, the court process was informal, with little public awareness of how the juvenile court operated. Today, the system still maintains rehabilitation as its primary goal, but there has been a shift towards tougher punishments and greater accountability in response to increasing juvenile crime rates. This shift has resulted in more youth being tried as adults, exposing them to harsh penalties and the potential dangers of incarceration with adult offenders.
The primary goal of the juvenile justice system remains rehabilitation, not punishment. This is exemplified by the creation of separate rehabilitation and treatment facilities, as well as the provision of educational opportunities, to provide minors with supervision, guidance, and a chance for healthy development. The system focuses on the individual needs of the juvenile, aiming to assist them rather than solely punish the act. The Supreme Court has also extended additional constitutional rights to youth, recognizing their diminished culpability and capacity for change.
However, there is a tension between social welfare and social control, with some arguing that the juvenile justice system is too soft on delinquents. This has led to a push for tougher punishments and greater accountability, with 17 states redefining the purpose clause of their juvenile courts to emphasize public safety and offender accountability. Despite this, the overriding purpose of the juvenile justice system, as reaffirmed by the courts, remains rehabilitation. This is particularly evident in cases where juveniles are provided with rehabilitative services and supervision until they reach the age of majority.
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Juveniles lack the maturity of adults and are more susceptible to peer pressure
Juvenile justice systems were established in the late 19th century to provide a separate system of justice for minors, with a focus on rehabilitation and education rather than punishment. The key argument against trying juveniles as adults is that they lack the maturity of adults and are more susceptible to peer pressure.
Opponents of treating juveniles as adults argue that they are less developed and lack the maturity of adults. Juveniles are less able to understand the consequences of their actions and should be given a chance to reform and change. Scientific research has shown key developmental differences between youth and adults that impact their decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse their actions, the US Supreme Court has acknowledged that youth are less blameworthy than adults and more capable of rehabilitation.
Juveniles are also more susceptible to negative peer influences, which can impact their decision-making and behaviour. This is supported by neuroscience, which has shown that key areas of the adolescent brain continue to develop until the mid-twenties. As such, the juvenile justice system aims to provide rehabilitation and education to young offenders, holding them accountable for their actions while also protecting the public from future harm.
The juvenile justice system offers greater possibilities for rehabilitation and clearing a minor's record, which can protect their long-term prospects and set them up for a more successful adult life. This is in contrast to the adult criminal justice system, which primarily focuses on punishment and can have permanent consequences on a juvenile's future, limiting their job opportunities and ability to reintegrate into society.
While there is debate over whether juveniles should be tried as adults, it is clear that they lack the maturity and fully developed decision-making capabilities of adults. As such, the juvenile justice system is designed to address these differences and provide a more appropriate form of justice for minors.
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Youth incarceration with adults denies them access to essential services and increases safety risks
The juvenile justice system was established over a century ago to recognize that children who commit crimes are less blameworthy than adults and have a greater capacity for change. However, youth are still routinely charged and prosecuted in the adult criminal justice system, with around 50,000 youth transferred to the adult criminal justice system each year. This is despite research showing that treating youth as adults does not reduce crime and that incarceration causes long-term harm to youth.
Incarcerating youth with adults denies them access to essential services such as basic and special education, treatment, and counseling services. This impedes their chances for healthy development and successful re-entry into their communities. Education is closely linked to reducing re-offending, and depriving youth of adequate and appropriate educational opportunities compromises their ability to successfully reintegrate into society.
In addition to denying access to essential services, incarcerating youth with adults also increases safety risks. Youth in the adult criminal justice system face higher risks of sexual abuse, physical assault, and suicide. Research has shown that incarceration during adolescence leads to poorer health in adulthood and exacerbates existing health problems. A national survey found that any length of adolescent incarceration was associated with higher odds of having worse adult health, with longer incarcerations increasing the likelihood of functional health limitations.
Furthermore, youth incarceration often exposes young people to abuse and maltreatment, with systemic abuses documented in state-funded youth correctional facilities in recent years. In addition to the physical health challenges, incarcerated youth also face mental health problems such as depression, post-traumatic stress disorder (PTSD), and suicidal thoughts.
Overall, incarcerating youth with adults denies them access to essential services and support that could aid their rehabilitation and increases their exposure to safety risks and potential abuse.
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Youth are less blameworthy than adults and more capable of change and rehabilitation
The juvenile justice system was established in the late 19th century to provide a separate system of justice for minors. The primary purpose of this system was to provide rehabilitation and education to young offenders, rather than punishment. Scientific research has shown key developmental differences between youth and adults that impact youth’s decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation.
The juvenile justice system emphasizes rehabilitation over punishment and is better suited to meet youth’s needs. Youth in the adult criminal justice system face a higher risk of sexual abuse, physical assault, and suicide. Incarcerating minors with adults also denies them access to essential programs and services, including basic and special education, as well as treatment and counseling services, impeding their chances for healthy development. Education is also closely linked to reducing re-offending; youth’s successful re-entry into their communities is compromised when they are deprived of adequate and appropriate educational opportunities.
The juvenile justice system has grown and changed since its establishment. Originally, the court process was informal, and the defendant lacked legal representation. Today, the juvenile justice system still maintains rehabilitation as its primary goal and distinguishes itself from the criminal justice system. Most states consider a juvenile a person between the ages of 10 and 17, with some setting the maximum age at 16.
Opponents of trying juveniles as adults argue that they are less mature and lack the full development of adults. They believe that juveniles should be given a chance to reform and change their ways. The adult criminal justice system is not equipped to provide the rehabilitation and education that juveniles need, as it is primarily focused on punishment. Juvenile justice systems are designed with a focus on rehabilitation and education, holding young offenders accountable for their actions while protecting the public from future harm.
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Juvenile records can create barriers to education, employment and military enrolment
The juvenile justice system was established over a century ago to recognize that children who commit crimes are different from adults. Youths are less blameworthy and more capable of change and rehabilitation. However, the accessibility of juvenile records has increased, and they are not always sealed or expunged when the offender becomes an adult. This creates barriers to education, employment, and military enrolment.
Education
People with juvenile records face barriers to continuing their education and earning credentials. These barriers are even present for individuals who committed minor offences or status offences, such as trespassing or breaking curfew. States have attempted to reduce these barriers by making juvenile records confidential and automatically clearing records for most youth. However, the majority of states do not prohibit licensing boards from considering juvenile adjudications when evaluating an individual's "moral character."
Employment
Nearly every employer conducts a criminal background check, and the appearance of a juvenile record can hinder a young person's ability to obtain and maintain employment. This can lead to a higher risk of recidivism and negatively impact their livelihood and housing. People with juvenile records, especially Black people, suffer from high unemployment rates. States have attempted to reduce these barriers by providing career technical education, training programs, and other workforce support services.
Military Enrolment
Juvenile records can also create barriers to serving in the military. This is another reason why juvenile records should be sealed or expunged when the offender becomes an adult.
Overall, juvenile records can create significant barriers to education, employment, and military enrolment, hindering young people's opportunities and increasing the risk of recidivism.
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Frequently asked questions
Juvenile justice systems were established in the late 19th century to provide a separate system of justice for minors, focusing on rehabilitation and education. However, in certain cases, juveniles who have committed serious crimes may be tried as adults through a judicial waiver or statutory exclusion.
Some proponents argue that trying juveniles as adults will serve as a deterrent to juvenile crime. They believe that the threat of being tried as an adult will reduce the number of crimes committed by minors. Additionally, they argue that some crimes are so serious that the perpetrator, regardless of age, should be held accountable in the adult criminal justice system.
Opponents of trying juveniles as adults argue that juveniles lack the maturity of adults and are less able to understand the consequences of their actions. They believe that juveniles should be given a chance to reform and that the adult criminal justice system is not equipped to provide the necessary rehabilitation and education. In addition, a criminal record can have permanent consequences, limiting job opportunities and making it difficult for a juvenile to reintegrate into society.
Juveniles do not have all the same constitutional rights as adults in criminal proceedings. For example, they may not have the right to a trial by jury, bail, or a public trial. However, juveniles have extra protections in the juvenile court system, such as the sealing or expungement of records, and the focus on rehabilitation rather than punishment.
Trying juveniles as adults can have significant impacts on their lives. They face a higher risk of sexual abuse, physical assault, and suicide when incarcerated with adults. Additionally, they are denied access to essential programs and services, including education, treatment, and counselling, which can impede their healthy development and successful re-entry into their communities.
