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Justice System In The Usa: Should Juvenile Be Tried As Adult

1562 words - 6 pages

Juvenile Justice System in the USA: Should Juveniles be tried as adultsThe origin of juvenile corrections in the United States goes, back at least to the opening of the New York House of Refuge in 1825. This house of refuge was established to meet the same kinds of needs the Juvenile Justice System of today tries to meet, including avoidance of harsh criminal penalties for unfortunate children, segregating 'pre-delinquent' children from hardened delinquents, providing 'proper' moral, ethical, political, and social values and role models for deprived children, and treating such children as victims rather than offenders. The primary role of the juvenile court was not to establish guilt but rather to rehabilitate youthful offenders by eliminating the problem causing the juvenile to engage in delinquent behavior.The function of the juvenile court system is to take a somewhat fatherly and protective attitude toward children, whether to offer humanitarian assistance or parental punishment. Juvenile court was primarily established however by a desire to avoid prisons for children by establishing special juvenile court which would not send children to prison. The juvenile court is also used to somewhat scare the young offender with its dark wooden atmosphere and flags to represent how alive the government is. The courts main function however is to find the best rehabilitation method for that individual. Should it be community service, a curfew or counseling, these are just a few options the court has in sentencing a young offenderHistorical Perspective of Juvenile JusticeBecause the first formal juvenile court was so labeled on July 1, 1899, which would make the Juvenile Justice System nearly a century old. However, the origins of the various components of the JJS go back much further than that. The notion of separate treatment for children under criminal law goes back to a very early English law. The primary role of the juvenile court was not to establish guilt but rather to rehabilitate youthful offenders by eliminating the problem causing the juvenile to engage in delinquent behavior. It was the purpose of these institutions to act as a substitute for family and community but as is usually the case they soon became overcrowded and became nothing more than warehouses for these youths. By the end of the nineteenth century reformers felt even more effort was needed to solve the problem and more legality was sought to back their actions. These new powers and the increased emphasis of the reformist for a separate system for children gave rise to the Juvenile Justice System. In 1899 the Illinois Juvenile Court Act gave birth to the first juvenile court in Chicago (National..., 2001). By 1925 a functioning juvenile court existed in every state in the U.S. except Wyoming and Maine (Schlossman, 1983)Juvenile must not be tried as adultMoving away from the traditional philosophy of the juvenile justice system by automatically treating certain juveniles as adults...

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