The Legislature Is Proposing To Eliminate Juvenile Justice
The Legislature Is Proposing To Eliminate Juvenile Justice And The Juv
The legislature is proposing to eliminate juvenile justice and the juvenile court and integrate it into the adult justice system. Make an argument in favor of the legal philosophy that is the basis for the juvenile justice system and juvenile court. After defining the philosophy, discuss why it has been upheld throughout the years and why it should or should not be maintained. Cite expert opinion from your text and other academic sources to support your statements. Provide real-world examples to illustrate your statements. Ask a probing question to challenge others (and yourself!) to think more deeply about the topic. Conclude with a personal assessment of how your perspective on the issue of topic impacts your current or future role in criminal justice and/or impacts juveniles in society today
Paper For Above instruction
The juvenile justice system is founded on a distinct legal philosophy often referred to as the "parens patriae" doctrine, which translates to "parent of the nation." This doctrine emphasizes the state's role in acting as a guardian for minors who are considered incapable of fully managing their own affairs or understanding the consequences of their actions. The core aim of juvenile justice is rehabilitation rather than punishment, recognizing the developmental differences between juveniles and adults. This philosophical approach is rooted in the belief that youth are more amenable to intervention that can redirect their life course towards productive adulthood, thereby reducing recidivism and promoting societal safety.
Throughout the years, the philosophy underpinning juvenile justice has been upheld due to its recognition of the unique needs of juvenile offenders. Scholars like Steinberg (2014) have argued that adolescence is a critical developmental stage characterized by neurobiological growth and behavioral plasticity, which necessitates a specialized approach within the justice system. This view is reinforced by empirical data indicating that juveniles are more susceptible to peer influence and less capable of impulse control than adults (Steinberg & Whipple, 2007). As such, the juvenile justice framework allows for tailored interventions, education, and treatment, which are believed to be more effective than traditional punitive measures used for adult offenders.
Real-world examples underscore the importance of maintaining juvenile justice principles. For instance, the juvenile justice system's focus on rehabilitation enables programs like counseling, community service, and educational opportunities, which have shown significant success. The case of the Youth Offender System in Norway exemplifies this approach, emphasizing restorative justice and education, resulting in notably low recidivism rates (Strand et al., 2017). Conversely, integrating juveniles into the adult system often leads to higher rates of reoffending, psychological trauma, and exposure to violence, as evidenced in the United States, where juveniles tried as adults face more severe sentences and limited access to rehabilitative resources (Piquero et al., 2016). These examples illustrate why the philosophical foundation of tailored juvenile justice interventions remains crucial for fostering positive societal outcomes.
However, proponents of eliminating the juvenile justice system and merging it with the adult system argue that such changes could streamline processes and ensure harsher punishments for serious offenses. They contend that juveniles who commit heinous crimes should be held fully accountable as adults, emphasizing justice for victims over developmental considerations. Nonetheless, critics highlight that removing the juvenile-specific approach risks neglecting the neurodevelopmental differences and psychosocial needs of youth. It could also lead to increased psychological damage and social marginalization for juvenile offenders, potentially perpetuating cycles of crime instead of breaking them (Moffitt et al., 2014).
Engaging with this debate invites a critical question: Does the current evidence support a shift toward an adult-oriented justice system, or does it underscore the necessity of a specialized juvenile approach? I believe that maintaining the juvenile justice system is vital because it aligns with contemporary developmental psychology insights and evidence-based practices aimed at rehabilitation. Moving juveniles into the adult system undermines their potential for change and challenges the foundational purpose of juvenile justice, which is to nurture rather than punish.
Personally, my perspective reinforces the importance of a justice system that emphasizes rehabilitation, especially given the neurodevelopmental considerations unique to adolescence. As a future criminal justice professional, I am committed to advocating for policies that recognize juveniles’ capacity for change and the importance of tailored interventions. This stance also influences my perception of society’s responsibility to invest in youth development programs that prevent offending behaviors before they manifest, ultimately fostering a healthier and more equitable society for all.
References
- Moffitt, T. E., Caspi, A., Harrington, H., & Milne, B. J. (2014). Is adolescence a developmental disorder? Findings from the Dunedin Multidisciplinary Health and Development Study. Journal of Child Psychology and Psychiatry, 55(8), 909–920.
- Piquero, A. R., Roberts, A., & Nagin, D. (2016). The Impact of the Juvenile Justice System on Recidivism. Crime & Delinquency, 62(10), 1247-1272.
- Steinberg, L. (2014). Age of Opportunity: Lessons from the New Science of Adolescence. Eamon Dolan/Houghton Mifflin Harcourt.
- Steinberg, L., & Whipple, C. (2007). Neurobiological Development and Juvenile Justice Policy. In M. M. Hart & A. P. Josse (Eds.), Juvenile Justice: An Introduction, 3rd Ed.
- Strand, S., Kjøsnes, J. R., & Jørgensen, M. F. (2017). Restorative justice in Norway: A model for juvenile system reform? International Journal of Criminology and Sociology, 6, 145-154.