About the Juvenile Justice System
During the 20th century, the development of a truly independent juvenile justice system gained acceptance. In today's world in many countries the world over, separate juvenile justice systems are in place to deal with young people who run afoul of the law. Although the juvenile justice system bears some similarities to the adult judicial system, there are some profound differences. These variations exist in recognition of the difference in maturity and intellect between adults and juveniles. They also exist based on an understanding of the primary importance of rehabilitation over punishment when it comes to juveniles charged with and adjudicated of crimes.
Other People Are Reading
-
History
-
An independent juvenile justice system is of fairly recent origin when one considers the development of the criminal law more generally. The concept of an independent juvenile justice system came to fruition during the earlier part of the 20th century. Prior to that time, the standard practice was to both try minors in regular courts and to incarcerate them in the same penal institutions that housed adults. Ultimately, it was determined that the interests of youth who violate the law and of society at large could best be served through an independent juvenile justice system with separate courts and confinement facilities.
Function
-
The function of the juvenile justice system is to adjudicate (not convict) youthful offenders (not defendants). The juvenile justice system places its emphasis on developing a meaningful pathway that will allow young people who break the law the chance to obtain meaningful rehabilitation. Although punishment for wrongdoing plays some role in the juvenile justice system, it takes a second chair to the concept of providing services and resources that allow for a rehabilitation and appropriate integration of youthful offenders into the common web of society.
-
Features
-
The two primary physical features of the juvenile justice system is the existence of separate courts and separate confinement facilities. In a juvenile court, a youth charged with illegal conduct is an adjudicated juvenile offender and not found guilty. The theory is that as a juvenile, a youth lacks the mental capacity to be guilty of a crime in the same manner as an adult. When it comes to the issue of confinement, the concept in the juvenile justice system is that the youth should be kept in the least restrictive venue upon adjudication. In other words, sentences such as probation are preferred when possible within the juvenile justice system.
Misconceptions
-
Common misconceptions of the juvenile justice system include the idea that juveniles are convicted and found guilty of crimes after a trial. Although the proceedings of this system have similarities to a trial in adult court (e.g., testimony by witnesses, presentation of evidence), in the end, a youth is not convicted in the juvenile system. A youth is adjudicated a juvenile offender. Another common misconception is that a youth on trial in the juvenile system is a defendant. A youth on trial in the juvenile system usually is referred to as juvenile offender or in a similar manner.
Theories
-
There are a number of underlying theories that have given rise to an independent juvenile justice system. Chief amongst these theories is the concept that children who commit illegal acts are in a better position to be rehabilitated than adults. Therefore, a separate justice system exists to ensure that the primary focus is on rehabilitation.
-
References
Resources
- Photo Credit Clairity, Everystockphoto.com
