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The Future of Juvenile Justice
by Michelle Calderon, staff writer for AnaiRhoads.org. Claudio Asiong,
Gary Reynolds, Joseph Rummel contributed to this article.
04 September 2006
AnaiRhoads.org - A multitude of factors exist that contribute to the understanding of what leads someone to engage in delinquent behavior. Juvenile delinquency is a massive and growing problem in the USA. Juvenile delinquency focuses on minors, youths 17 years of age or younger, who commit crimes. It is important to note the distinction between crime and delinquency. A crime is an act that breaks criminal code which is created by society though written law. Delinquency and deviance can be acts that merely break 'cultural law' or norms. Delinquency is usually specific and descriptive of age. In today’s criminal justice system climate, in order to reduce juvenile crime, our nation must learn to understand juvenile crime. Understanding and focusing on appropriate crime fighting methods is the key to a future with less crime from juvenile delinquents within our society. Perhaps, social factors can best explain juvenile delinquency.
According to Larry Siegal, official delinquency data suggest that “there has been a decade-long rise in the juvenile violence rate” (Siegal, 2002). This trend is disturbing because of the effects it has not only on the juvenile inmate population but also the safety of the public in general. A 1997 juvenile statistics report made by the Office of Juvenile Justice and Delinquency Prevention found that that the acts of juvenile violence have become more lethal, with the doubling of the juvenile arrest rate for murder between 1985 and 1995 (Sickmund, 1997). This trend shows a greater proportion of juveniles are committing more violent acts.
The factors which have caused the increase in juvenile violent crime can be attributed to many issues. According to a study done by the The Office of Juvenile Justice and Delinquency Prevention, juvenile violence is caused by individual factors, family factors, school factors, peer related factors, and community factors with the larger the number of risk factors to which an individual is exposed, the greater the probability that the individual will engage in violent behavior (Hawkins, 2000).
First of all, the goal is to try and explain causation (the social learning theory which states that crime is a learned behavior) as well as try to find various solutions as a possible remedy to juvenile delinquency. Since there are many different factors that play roles in the reason that juveniles commit crimes, understanding and focusing on the proper crime fighting methods will be the key to a future with less crime from the juveniles in our society.
One of the main factors contributing to juvenile delinquency is the family environment which a juvenile grows up in. Some of the key factors in a family that can cause a juvenile to have issues are poverty, poor nutrition and family stress. Juveniles that come from well balanced homes are less likely to commit crimes in their community. The family is the largest major factor in the stability of a juvenile. It been repeatedly proven that with a good foundation in the home a juvenile is less likely to commit crime or feel that crime is a normal way of life. The bottom line is if a juvenile do not find acceptances at home they will find it elsewhere.
Peer pressure can be a major negative force in the lives of children and adolescents, often resulting in experimentation with tobacco, alcohol, and illegal drug use. Certainly, genetically dispositioned children seem to be more proned to alcohol/drug use. Family environment and positive social institutions influence children. Without the positive moral influences on children, outside influences factor in behavioral training. Sometimes the result can be detrimental. One major problem is that substance abuse has been a factor in criminality. Children criminals using drugs are especially troubling. Many crimes today are committed under the influence. Society has to not only acknowledge this serious problem but try to find ways of preventing the occurrence.
Currently, about “four of every five children and teen arrestees in state juvenile justice systems are under the influence of alcohol or drugs while committing their crimes” (Casa, 2006). These children also test positive for drugs and are arrested for committing an alcohol or drug offense. These children admit having substance abuse and addiction problems, or share some combination of these characteristics.
Even more alarming are the number of juveniles 12-17 years of age admitting to having used drugs in the past month more than “doubled between 1992 (5.3 percent) and 1995 (10.9 percent). Between 1995 and 1996, the percentage of eighth graders reporting daily use of alcohol increased from 0.7 percent to one percent, while the percentage of eighth graders reporting having "been drunk" in the past month increased from 8.3 percent to 9.6 percent. Twenty-one percent of 10th graders and 31.3 percent of 12th graders report having been drunk in the past month” (ABA, 2006). These are pertinent statistics in juvenile delinquency. The question is not only why they exist but what can be done about these issues?
Since family and social influences obviously become the focus of a child’s rearing, many attribute juvenile delinquency to lack of education. After all, it is through one’s peers and social influences that a person learns moral values and identifies with certain behaviors. Education can entail many aspects: social, academic, as well as physical. Lacking in some of these factors can cause children to create opportunities for an outlet. Whether positive or negative, that is the question. One of the underlying problems in juvenile criminality can be attributed to lack of educational skills. In fact, risk factors linked to delinquency at a young age include:
• Academic failure
• Lack of commitment to school
• Friends who engage in problem behaviors
• Favorable attitude toward problem behavior
• Early initiation of problem behavior
• Low neighborhood attachment. (ABA, 2006).
It is important to instill moral values on children such as: social competence (e.g., empathy, caring, communication skills, and resistance skills), problem solving (e.g., critical-reasoning skills, decision-making, planning), autonomy (feelings of efficacy, high self-esteem, sense of independence, impulse control) as well as a sense of purpose and future (planning and goal setting, delaying gratification, belief in future. Without these, children are left to raise themselves. If that is the case, children are vulnerable to outside moral values, including criminal behaviors and subcultures.
The future goal of law enforcement is the continued prevention of juvenile delinquency through community policing and get tough policies. Community policing is often described as,“the collaborative effort between the police and the community that identifies problems of crime and disorder and involves all elements of the community in the search for solutions to these problems. It is founded on close, mutually beneficial ties between police and community members (Community Policing).” The philosophy of community policing in regards to juvenile delinquency revolves around a partnership between law enforcement and the community. Reducing delinquency through community backed education programs and after school activities help to educate at risk juveniles and gives them activities which keeps them interested in positive tasks.
In addition to community policing, the Violent Crime Control and Law Enforcement Act of 1994 adds a get tough policy on juvenile crime. The Act of 1994 has the following stipulations:
· Authorizes adult prosecution of those 13 and older charged with certain serious violent crimes.
· Prohibits the sale or transfer of a firearm to or possession of certain firearms by juveniles.
· Triples the maximum penalties for using children to distribute drugs in or near a protected zone, i.e., schools, playgrounds, video arcades and youth centers (1994).
Community policing and the continued enforcement of the Violent Crime Control and Law Enforcement Act of 1994 will hopefully continue to reduce and prevent juvenile delinquency.
It is no mystery the juvenile justice system is flawed. The reasons for the system’s general inability to address the problems are complicated. There are large numbers of children that seem to be born into a culture of criminal activity. Other juvenile delinquents come from families that have provided all the needs of the child and yet a percentage turns to delinquency. The problem crosses all racial and cultural lines. The solutions must therefore address racial and cultural differences along with other factors.
Retributive solutions of increased law enforcement are a key piece of the puzzle. Community policing efforts have made a difference. Community participation with watch programs has infiltrated areas that would have otherwise been overlooked in years past. Police and community education programs have made a positive impact over the past half century and these programs should continue to be enhanced and implemented at the community level.
Family education courses such as parenting programs have made a difference and those efforts should continue to be funded and implemented. The problem of child neglect and abuse needs to be addressed at the root level in order to stop the generational cycle of dysfunction.
Treatment programs for substance abuse should continue to be a focal point of the system. States should continue to put resources into substance abuse programs. The “one size fits all” philosophy does not apply to treatment programs. 12-step models, behavioral and cognitive therapy programs should continue to be implemented for juveniles and adult family members as well. Alternative programs such as boot camps should continue to be explored. Innovative programs can stop problems before they spiral out of control.
Mindless violence is not tolerated in our country. Older juveniles that demonstrate a proclivity toward violence should be transferred to adult courts for proper retributive measures.
The goal of the justice system is to be fair and balanced—vision and agreement on a unified direction is imperative. While the scales may tip to the left or right—one way or the other—it must be must understand that the system is not static; the system needs continual adjustments in order to remain as effective a possible.
References:
ABA. (2006). Juvenile Justice: Facts and Figures.
ABA. (2006). The Promise of Law-Related Education to Juvenile Delinquency.
Casa. (2006). Casa News Release.
Community Policing Consortium. (2006) Community Policing.
Griffy, L. (2006, June, 15). Family struggles in wake of teen killer's conviction.
Hawkins, J. (2000). Predictors of Youth Violence.
NCJRS. (1994, October, 1994). Violent Crime Control and Law Enforcement Act of 1994.
Ruise, R. (2006, June, 16). List of teen deaths grows with two more shootings.
Sickmund, M (1997). Juvenile Offenders and Victims.
Siegal, L.J. (2002). Juvenile Delinquency. Watsworth Thomson. (376-377)
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