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Introduction
Mike threatened his mother, stole her stove, sold it, and used the money to get himself drunk. In the process, he tried to commit a robbery and was arrested. His mother later turned him over to the juvenile court. Some children drink, others fight while others are involved in violent robberies where they use guns causing injury or even death of innocent folks. These children, Mike included, can be considered juvenile delinquents.
Main body
Juvenile relates to age and varies from state to state. In some states, the maximum age for which a child can be tried in a juvenile court is 14 years while in others it is 21 years. Nonetheless, the 16 to 20 olds are considered to be adults in most states. (Colombia encyclopedia, 2008) There are two types of juveniles. Delinquent offenders and the status offenders. (Roberts, 2008) But what is delinquency? The juvenile justice system has always approached juvenile justice from two perspectives. Firstly, that the juvenile offenders are primarily troubled children who are in need of help (rehabilitation). On the other hand, that the offenders are criminal and the solution is punishment so that they can refrain from such behaviors. From this, there are at least two definitions of delinquents. The legal definition and the case workers definition. (Tappan, 1949) In the legal definition, a juvenile delinquent is one who has decided to act contrary to laid down law and rules (offender). As such, this person deserves to be dealt with accordingly to deter him and others like him from engaging in such behaviors. However, no offender can be classified as a delinquent unless the court has established it to be so. In the case workers definition, a delinquent is one who is personally and socially maladjusted in his behaviors, which is the root cause of his problems (involvement in offences). The type of child who maybe involved in such offences as running away from home or disobedience thus a status offender. (Tappan, 1949) A juvenile delinquent can therefore be regarded as a child offender.
According to Heilbrun, Goldstein and Redding (2005), the nature of juvenile offences have been changing/evolving over the years. Nowadays there are far more serious and violent crimes committed by juveniles than ever before in history. The very first juvenile court had been established way back in 1899 in Cook County Illinois. Before, this the children were mainly put into the same jails as the adults. The reformers were concerned with this situation and called for the establishment of a separate court system for the minors. However, the court was not established for punishment purposes rather to identify the causes of delinquency in addition to formulating individual based rehabilitation programmes. Hence, the principle of Parens Patriae which meant that the court was to act as the child’s guardian with a view to protecting the minor.
Fast forward, today all states have separate court systems for juveniles. (Roberts, 2000).
Boys seem to be the most susceptible to juvenile delinquency more than the girls though there has also been an increase over the years in the number of girls involved. This could be attributed to the fact that juvenile offences are related to peer pressure and anti social behaviors such as drug and substance abuse. The role of the family and parents cannot be discounted in the causes of juvenile delinquency. With parents holding more than one job, they have little or no time for their children. The result is that the children do as they please because they have no one to discipline them. According to Kulla, parenting practices have considerable impact on children. Accordingly, delinquent parents more often than not bring up delinquent children. (2006) For instance, an alcoholic abusive father has a very high chance of bringing up children who may be just like him. The other aspect of parenting that may contribute to delinquency is the single parent family resulting from divorce, abandonment or even separation. The mother is all alone and the duty of bringing up the children and also disciplining them rests squarely on her. She might fail. In a large family the same is true because then all the children do not get the attention they deserve. This then brings into close focus the environment that the child lives in and other people who live in this environment too. Peer pressure is a cause of juvenile delinquency. Children get involved in certain activities because everyone else in their families and communities seems to be involved. They may also get involved just to fit in with their friends. This is the reason they might engage themselves in drug or substance abuse and in violent crimes. (Kulla, 2006) Other causes include early child bearing and maternal substance abuse when pregnant. The result is that the mother is less likely to become an effective parent while the child may be born already an addict which makes them more likely to become delinquents. Another reason has to do with the social economic status. Children born to poor households may become delinquents as they engage in criminality to supplement incomes. There are also situational influences where the child maybe seeking an activity for the thrill of it. (Kulla, 2006).
With the rise of juvenile related crimes from the 1990’s, the stakeholders, policy makers, legislators and the public were calling for more serious and effective ways of dealing with juvenile crime. There was a 28% increase in the number of juvenile offenders held in both public and private facilities between 1991 and 2003. (Juvenile offenders and victims report, 2006) The call was for federally enacted laws because then the juvenile courts were appearing to be too lenient on juvenile offenders with the rehabilitation efforts failing. In 1993, for instance, the Gallup Poll passed the state proposition that would result in the trial of juveniles like adults especially those accused of violent crimes. A whooping 75% of the public voted in favor of this proposition. (Heilbrun et al, 2005) At the time, there were high numbers of juvenile related crimes including in schools. The media is involved in highlighting issues pertaining to juvenile delinquency including the failures and successes of existing prevention rehabilitation and intervention strategies. The courts and the lawyers are involved in the trial and sentencing of juvenile offenders. They are charged with the duty of openly laying out the offences and penalties leveled so as to protect the same offenders from undue process or ill treatment by the police. The juveniles also have the right to a fair trial. More over, communities and health workers are also involved in the rehabilitation and subsequent re-entry into the community of juveniles.
There is general consensus that the juvenile justice system is working. However, it needs to be strengthened. More over, Heilbrun et al are of the opinion that early intervention, adoption of prevention programmes in addition to rehabilitation make better alternatives to punishment of juvenile offenders especially in minor crimes. Accordingly, only very serious offences should result in jail terms. According to statistics, about 63% of the public seemed to be in favor of rehabilitation while a paltry 19% was in favor of punishment. (2005) Over the past few years the juvenile system has undergone considerable changes/reforms. More serious offenders have found themselves in criminal courts as new laws have been enacted that places them outside the juvenile courts jurisdiction. More over, the new laws seem to be in favor of punishing offenders as opposed to rehabilitation. Further more, laws have also been revised such that some offences can only be tried and sentenced in criminal courts. For instance, the Violent Crime Control and Law Enforcement Act of 1994 permitted the transfer of 13 year old offenders, especially those who had committed crimes using weapons such as guns, to criminal courts. Concomitantly, prosecution decision making jurisdictions have been widened. This has resulted in the restriction of confidentiality laws in juvenile courts.
Ultimately, there have been calls from stakeholders that the juvenile system is not working like it should and therefore needs to be abolished. However, current reforms seek to combine punishment of juvenile offenders with treatment and rehabilitation. The Office of Juvenile Justice System and Delinquency Prevention through the Comprehensive Strategy for Serious, Violent and Chronic Juvenile Offenders proposes that juveniles who enter the system should first be subjected to an assessment after which they are to be subjected to early intervention. The strategy also proposes the employment of various intervention strategies, to address the numerous risk factors, mental health, social service systems and even after care. The main problem with the juvenile delinquency system seems to lie in the fact that is has been somewhat ‘adultified’. According to Heilbrun et al, the solution lies with the understanding that the prevention and intervention methods adopted will serve the public and the juvenile offenders better if only the policy makers could understand that the offenders are not innocent children neither are they mature adults. The enhancing of the authority of the courts as far as sentencing goes is one strategy that has been adopted as part of the reforms. With this it is well within the mandate of the juvenile courts to extend their sentencing into early adulthood. (2005).
There has also been the establishment of specialized courts that are to deal with particular offences and by extension offenders. This is in line with the development of a prevention and treatment programme in the juvenile justice system. In the United States, the Office of Juvenile Justice and Delinquency Prevention has been key in juvenile prevention/intervention programmes. Among the strategies adopted include the use of the media to educate the public and also the use of partnerships. Through the media, information is provided about the causes and the nature of juvenile delinquency including ways of prevention. This calls for partnerships with individuals, community groups and other institutions. First, is the community/faith involvement. The Office funds delinquency prevention efforts that are community based. Through the use of art (music, dance, drama) the Office also seeks to educate the youth on the problems that their communities face including the importance of preventing crime and the best ways of doing so. Secondly, the Office focuses on effective intervention programmes and ways of dealing with conflict. These include anger management classes, training on social and communication skills plus the use of mediation and legal services. Thirdly, is family strengthening and parenting through the safe start initiative. The Office aims at early prevention, intervention treatment and response including the delivery of quality services to children who are exposed to violence in their families and also those who are a risk. The Office has included the cross age teaching techniques in it mentoring programme. The youth are able to share knowledge and skills with others their age, or others who are younger or older. The programme is also involved in providing information to community based organizations on how to start and run effective mentoring programmes on their own. In the risk and protective factors programme, the gang reduction initiative is central. The aim is to reduce gang activities in certain neighborhoods. More over, in this programme there is also the girls study group where information pertaining to risk and protective factors of female juvenile offenders is obtained. Within the youth involvement programme the activities of the youth courts, which is a community intensive programme, are highlighted. The youth are involved in judging their peers on minor offences. (Office of Juvenile Justice and Delinquency Prevention, 2008).
The use of the mass media in the dissemination of information is a workable intervention. It has the potential to reach many people. However, it may not reach as many people depending on the medium used. Various methods need to be used together for the success of this intervention, thus newspapers, pamphlets, seminars may all be used together. Involving the community and community groups is a good endeavor because they involve many different people and groups all who have something to offer. However, some groups need funding so that they can effectively carry out their programmes. The strategy of teaching the youth various social and communication skill is important in conflict resolution as they may not have been taught at home. However, this requires dedicated personnel who are also patient. The interventions have a high probability of success though the drawbacks lie in as far as misplaced priorities, unclear responsibilities, lack of information and resources. This in turn results in poor implementation of the interventions and policy gaps. Leadership then becomes indispensable. The Office of the Juvenile Justice and Delinquency Prevention has set the pace.
Reforms in the juvenile justice system will highly influence the prevention and intervention strategies even in future. According to Roberts, existing justice systems are unsuccessful when they fail to satisfy the need of the victims, communities and the juvenile offenders. The future lies in the balanced approach strategy that focuses on compensation for harm to victims and the community. (2004) In addition, the offender competencies need to be increased and the public protected through the inclusion of victims, offenders and the community as equal participants. This requires the formulation of new intervention goals and objectives, the reallocation of funds plus the formulation of new reporting measures as well as methods of data collection. Moreover, the provision of programmes that are well supervised out of school and detention may be of immense help. Investing more into the strategies that have been successful in reducing re-entry of offenders into the justice system will also produce results. (King County Juvenile Justice Operational Master Plan, 2000).
Juvenile delinquents are common in our communities. There are various reasons why they became delinquents. The failure of the family institution is the most important reason. The parents not being keen on disciplining their children because they might be too busy. Divorce, separation and the parents themselves being delinquents. Society has however contributed through the presence of social classes. As these children try to get out of theses classes they become delinquents. Peer pressure from friend and neighbors alike is another cause of delinquency.
Conclusion
The justice system established juvenile courts for the trial and sentencing of these minors. However, there is need for more proactive approach aimed at preventing the causes of delinquency in addition to offering solutions. These prevention and intervention strategies require the use of the media for effective sharing of information pertaining to juvenile delinquency. Besides, partnership with other individuals, community groups and agencies who are stake holders serves to strengthen the intervention strategies. The future however lies in the improvement of these strategies and strengthening those that have currently been the most successful.
References
Colombia encyclopedia, 6th Edition. (2008). Juvenile delinquency. 2008. Web.
Heilbrun, K., Goldstein, S. E. & Redding, R. E. (2005). Juvenile delinquency: Prevention assessment and intervention. New York: Oxford University Press.
King County Juvenile Justice Operational Master Plan. (2000). Web.
Kulla, C. (2006). The causes of juvenile delinquency. Associated content. 2008. Web.
Office of Juvenile Justice and Delinquency Prevention. (2008). Juvenile offenders and victims report, 2006. Web.
Roberts, A. R. (2004). Juvenile Justice source book: Past, present and future. New York: Oxford University Press.
Roberts, C. H. (2008). Juvenile delinquency: Causes and effect. Yale-new Haven Teachers Institute. Web.
Tappan, P. W. (1949). Juvenile delinquency. New York: McGraw – Hill.
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