The Difference in Punishment Throughout Time

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Table of Contents

Introduction, research question and hypothesis
Background information
Purpose and significance of the study
Literature review
Research methodology
Findings
Conclusion
References

Introduction, research question and hypothesis

There has been a strong debate in diverse settings that touches on whether punishment or rehabilitation should form the focus of justice system for juveniles. One school of thought states that punishment should continue while another school of thought indicate that punishment should be abolished. This is because it has been subjecting children to severe torture and does not translate to their holistic transformation. According to the report on governor’s task force that was formulating ways of reforming criminal justice system in US, juveniles are young individuals whose illegal undertakings should be corrected through structured disciplinary actions to ensure their holistic transformation. This justifies why justice system should give them special attention to ensure that decent character traits are inculcated in them as they grow as evident under the juvenile justice system. Indeed, this paper focuses in establishing if the difference in punishment throughout time has helped in rehabilitating juveniles in most settings. It is the key research question that is adopted for this paper. It is set with an aim of equipping various stakeholders with credible information on whether punishment has helped in rehabilitating juveniles or not.

Background information

In US, most research studies have been conducted to establish the major problems of juvenile delinquency among teenagers and how the problems can be solved systematically. The studies have also been focusing on the rehabilitation initiatives and how effective they have been compared to punishment (Trepanier, 1999). In particular, the researchers have highlighted key causes that give rise to juvenile problems. Firstly, they noted that juvenile problems arise due to the fact that most teenagers are always inclined to testing their parents or society’s limits. They try testing how much they can be tolerated even if they participate in criminal activities. This inferior thinking among the youths has made them engage into various criminal activities that have landed them into trouble with state justice systems (Trepanier, 1999). This affects most children especially at the adolescence stage where they would also want to be recognized and gain some kind of independence or to show that they are getting of age.

Secondly, poor parenting has been a key cause of juvenile problems. This is evident since most juvenile offenders are children who have not been subjected to noble teachings on various moral values. It becomes a juvenile problem since such individuals suffer from decision disorders due to inferior nurturing. Thirdly, mental incapacity and substance abuse also form large contributing factors to juvenile offenses. Notably, over 30% of juveniles who were convicted in US in the year 1991 had various mental complications and illnesses. Currently, the number of juveniles that are being convicted due to substance abuse and mental related complications stand at 20%. The decrease is due to the continuous sensitization programs on the dangers of substance abuse among children and rehabilitation programs that most of them undergo. Statistics also show that poverty levels, living arrangement and relationships or friendships that one has remains major juvenile problems. These factors are problem to them because they do not know how to deal with them amicably despite the fact they influence their decisions (Sims, 2009).

Notably, authorities in most settings have embarked on developing structured programs that are aimed at facilitating holistic rehabilitation of juvenile offenders. The programs that have been rolled out in most settings including US are economically, spiritually and socially centered. They include training on how to execute various art works, training on technical skills such as carpentry, plumbing, masonry and theatre activities. They are also engaged in musical and sporting activities such as football, athletics, table tennis and others (Sims, G2009). These rehabilitation activities are meant to enable them develop special skills that can contribute in empowering them economically. Variably, they are taught good moral values and ethical practices that are ideal for social growth and building cohesive societies. The rehabilitators also subject them to excellent spiritual teachings that are meant to inculcate noble principles in them.

Purpose and significance of the study

Indeed, the rehabilitation programs that have been instituted for juvenile offenders have been instrumental in nurturing them as compared to punishment that has been in use throughout time. This is evident since the programs that are adopted in the current world are tailor-made towards rehabilitating behaviors of individuals rather than to torture, kill or injure as evident under punishment system. They are behavioral development oriented since they are executed through systematic approaches. Statistics show that rehabilitation programs have been able to steer reduction of crime rate by over 8% in 2011 compared to 30% crime rate that was recorded in 2000. Therefore, the information contained in this paper is of great significance to various stakeholders because it conveys information that focuses about the evident benefits that the system has presented. Likewise, it conveys key achievements that the concept has promoted especially in making young criminals to embrace noble ideals of life (Hay, Fortson, Hollist, Altheimer & Schaible, 2007).

Literature review

As indicated in the governor’s task force report on reforming criminal justice system, juvenile offenses cannot be reduced through imposing severe punishment to the offenders. The offenses require a holistic approach that focuses on instituting proper rehabilitation structures and programs that are acceptable and fair. The programs should have the capacity of eliminating bad behaviors among children and contribute in mitigating the causes or problems of juvenile delinquents. The report started that rehabilitation programs that have been put in place through the justice system have contributed in reducing crime rate among children by about 8% compared to the juvenile criminal rate recorded in the year 2000 that stood at 30%. The report indicated that rehabilitation programs that include provision of technical skills such as carpentry have helped in reforming young individuals in most settings. The programs have transformed the way they relate and view things within their environment. They have also enabled them to be more forecast and performance oriented individuals (Hay et al, 2007).

The report strong opposed various punishments that have been adopted in most juvenile court systems globally. Its findings indicated that the punishments have not been effective in transforming behaviors of juvenile offenders. They have always failed to offer credible and sustainable character transformation to juvenile offenders. This is evident since most offenders who have come out of such punishment processes have continuously participated in criminal activities. They become repeat criminals as a revenge mission for the sufferings they are normally subjected to (Siegel & Welsh, 2009). The researchers found out that the system of punishment is only meant to torture various offenders but not to reform them (Henry, Knight, & Thornberry, 2012). Under the system, the offenders are being subjected to thorough beating that makes them suffer severe injuries. The injuries include breaking of bones, body fragments and other physical impairments that are not necessary.

Indeed, the report indicated that the differences in punishment that have been applied throughout time have not helped in rehabilitating juveniles. Instead, the punishment programs that were initiated in the 19^th century heavily contributed in worsening the situation. This is apparent since the programs mainly focused on hurting and hardening the criminals. This explains why structured rehabilitation that has been adopted in the juvenile justice system is relevant especially in the current environment.

Research methodology

This research adopted explorative research technique that promoted the realization of factual results and findings. The technique enabled the researcher to organize his activities effectively to ensure that the explorative nature of the study was not compromised. In particular, the research technique enabled the researcher to choose the appropriate sample size, sampling techniques and data gathering methods. This was done in accordance to the researcher’s judgment on the appropriateness of the techniques, For instance, the technique enabled the researcher to adopt a small sample size and secondary data gathering techniques where use of electronic resources and various empirical studies was adopted (Kothari, 2005). The resources were used due to their in-depth nature since they are compilations that are made after extensive studies have been conducted. The technique also enabled the researcher to perform effective data collection, analysis and presentation using pertinent software’s that include Msword and excel.

Findings

From the study, it was clear that juvenile justice system was initiated in the 19^th century to foster rehabilitation of juvenile delinquents. The justice system was initiated by social reformers who were keen in promoting moral values and social integration among young individuals through structured form of punishment. The reformers were also keen to creating special facilities that would provide transformational services to troubled juveniles (Zhang, 2008). In particular, the facilities were to be developed to facilitate holistic nurturing of juveniles with a view to empower them socially, spiritually, economically and culturally. This is evident since the facilities were to enable them receive basic education on various issues that touches on non criminal activities.

They were also to receive psychological help and effective recreational programming that has enabled most of them to reduce criminal acts. It is clear that different approaches of rehabilitations that have been executed through juvenile justice system have played a critical role in transforming juvenile delinquents especially in US and UK. Firstly, they have made more juvenile offenders to be transformed holistically through conventional teachings (Zhang, 2008). They have ensured that adults are separated from children to reduce mind contamination especially for children. Conversely it has enabled juveniles to understand that they have a duty to be law abiding citizens and that they are not special before the law.

Conclusion

Indeed, various punishment approaches that have been adopted in various settings through structured systems such as juvenile court system has been instrumental in transforming juveniles by enabling them to adopt noble behaviors. The rehabilitation process has enabled them to understand the need to follow the law and avoid criminal activities. That is, they have come to the realization of how criminal activities can hinder their growth or development intellectually and physically.

References

Henry, K. L., Knight, K. E., & Thornberry, T. P. (2012). School disengagement as a predictor of dropout, delinquency, and problem substance use during adolescence and early adulthood. Journal of Youth and Adolescence, 41 (2), 156-66.

Hay, C., Fortson, E. N., Hollist, D. R., Altheimer, I., & Schaible, L. M. (2007). Compounded risk: The implications for delinquency of coming from a poor family that lives in a poor community. Journal of Youth and Adolescence, 36 (5), 593-605.

Sims, G. L. (2009). The criminalization of mental illness: How theoretical failures create real problems in the criminal justice system. Vanderbilt Law Review, 62 (3), 1053-1083.

Trepanier, J. (1999). Juvenile courts after 100 years: Past and present orientations. European Journal on Criminal Policy and Research, 7 (3), 303-303.

Zhang, L. (2008). Juvenile delinquency and justice in contemporary china: A critical review of the literature over 15 years.Crime, Law and Social Change, 50 (3), 149-160.

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