Free Essay Sample on The History of Juvenile System

Introduction

Initially, the systems of controlling social activities in communities were informal. The increased migration of people from rural to urban areas resulted in the break of the informal systems. The court systems were developed to handle the emerging social cases. The United States government developed the system of juvenile justice system a century ago with the main aim of diverting the young to the rehabilitation process rather than harsh punishment by a criminal court. The system differs from the adult court in many ways, and it involved informal proceedings in favor of the minor. The process was confidential to prevent interference of the child's ability. The first court juvenile court setting in the US was established and authorized in Chicago under the Juvenile Court Act of 1889.

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The Key Philosophy of the Juvenile System

The system argues with the predominant philosophy that juveniles who have committed a crime can learn from their mistakes. The court, therefore, puts them into a rehabilitation process depending on the type of crime they have committed. The philosophy explains that education and guideline offered in this system serve as a life changer to the juvenile with criminal backgrounds (Strang & Braithwaite, 2017). It happens after they are given a second chance to learn from their mistakes. The philosophy of rehabilitation provides a focal point to the youths being rehabilitated rather than punishing them. The juvenile placed under this system may be subjected to treatment that was needed to reintegrate them into society.

Differences Between the Juvenile and Adult System

Despite having various similarities between the adult and juveniles court systems, they are divergences that lie underneath. The prosecution process differentiates the two with the juvenile being indicted for a delinquent act and the adults for committing a crime. The juvenile system is purposed to rehabilitate, which is unlike the adult system, where the primary purpose is to punish the criminal. Juvenile is more beneficial since it involves some social advantages such as therapies and community service where need be. The juvenile systems appear to be more relaxed as compared to the adult system. The rule of witness examination and evidence are not strictly adhered to in the juvenile system (Thompson & Morris, 2016). In contrast, in the adult system lies under the evidence boundaries because the final decision lies in the hands of a judge. A minor is not entitled to a jury trial in the court of law; instead, a bench sentence is conducted.

Differences Between Dependency and Delinquency

Juvenile dependency involves either parent or guardian who fails to take good care of them or harm them. Such cases are mostly experienced in juvenile courts and thus treated as dependency cases. In this particular situation, the judge is obligated to provide the direction whether the child involved in such a case should be removed from the hostile environment to a better environment (Thompson & Morris, 2016). Social workers are involved in the process to ensure that the child stays unharmed and out of any neglect. Delinquency involves a minor who is between ages 10 and 18 committing a crime and being presented before the juvenile court. Delinquency hence deals with a child who has broken the law (Thompson & Morris, 2016). The judge decides the type of punishment to sentence the delinquent. He all she may be convicted with a probation or detention sentence. However, the court does not always lead to incarceration; sometimes, a delinquent can be sentenced to curfew, house arrest or counseling.

Confidentiality in Juvenile Courts

The confidentiality that lies between the records of juvenile acts as a rehabilitative device, despite the presence of justice professional who believes that it is not all times that confidentiality is beneficial to the public. The confidentiality facilitates the juvenile guilt admission and accepting that they are responsible for their crime. The acts are not recorded with allegations that the juvenile is young to make rational decisions. It is an advantage in education continuity and future employment. Research shows that the majority of Americans believe that the juvenile system should maintain rehabilitating factors. Only relevant parties are involved during the proceeding to maintain higher confidentiality levels. It also avoids stigmatization from the public to any member of the family because the public or the media does not access detailed information about the crime (Jacob & Dao, 2017). Therefore, it is evident that the system aims to be transformative to the juveniles when well applied. The majority of the juveniles are forced by some factors to commit crimes, and the platform should serve as a turning point.

Conclusion

The juveniles were never declared guilty but delinquent. They were not charged with a crime, and instead, they get charged with delinquencies (Thompson & Morris, 2016). The juvenile system was reformed in the 1980s, following an increase in the number of violent cases. Severe punishment was established to promote public safety and to hold an offender accountable for the offenses committed. The changes have to be ongoing, almost treating the juvenile in a similar way an adult is treated in the court of law. The regular amendments are meant to improve the quality of the juvenile system.

References

Jacobs, J. B., & Dao, L. (2017). Confidentiality, Juvenile Court Records. The Encyclopedia of Juvenile Delinquency and Justice, 1-4.
https://doi.org/10.1002/9781118524275.ejdj0062

Thompson, K. C., & Morris, R. J. (2016). History of the juvenile justice system. In Juvenile delinquency and disability (pp.55-72). Springer, Cham.
https://www.springer.com/gp/book/9783319293417

Strang, H., & Braithwaite, J. (Eds.). (2017). Restorative justice: Philosophy to practice. Routledge. https://doi.org/10.4324/9781315264851.