The criminal justice system is a lay down of processes and agencies established by the government to control crime and punish crime offenders and those who defy the law. The primary systems are the state and federal criminal justice systems which handle crimes committed within a state or more than one state respectively. The system refers to the mechanism a group puts in place to best support the staff charged with implementing the Positive Behavioral Intervention and Support (PBIS) framework across the many levels, (Dr. Kristine, Kathleen, Dr. Lauren and Dr. Jeffrey, 2016).
The United States of America juvenile justice system was designed over ten decades ago. The main aim was to reform kids found guilty of petty crimes like non-attendance and petty theft. Today, the system has become overwhelmed by major crimes like violence, drug abuse, rape, robbery with violence and even murder. The main aim of its establishment has been replaced, and this was not supposed to be the case. Juvenile delinquency explains the antisocial conduct of a diverse group of youth who are either in trouble or on the blink of getting in trouble with the law (Fuller, 1999). The law defines a juvenile delinquent a minor less than seventeen years of age who commits a crime or goes against the set local or state laws and found guilty in court.
Children are not just born criminals; they are products of environment and culture. Some kids find themselves in crime as a result of circumstances e.g. poverty and lack of opportunities for education. Most minors become criminals because of the environment they are born and raised. Most of the poor kids run away from home in search of a better life and end up joining gangs which terrorize and engage in crimes.
History of the juvenile justice system
Juveniles were treated like adults before the 1800s and those above seven years were put in the same prisons with adults. Reformers started worrying about this due to overcrowding in the cells and the problems the minors were experiencing. They pushed for universal reforms for the criminal justice system and the system originated around 1819. Eighty years later on 1st July 1899, the first juvenile court in the US was set up in Illinois (Nelson, 2013). It represented a remarkable change in the way the criminal justice system and the country viewed youths involved in crime. The juvenile court was established on the principle of "parens patriae, which grants central authority of the state to protect all individuals who are legally unable to act on their behalf.
The main controversy facing the system is whether it should focus on punishment or rehabilitation. People are personally responsible for their behaviors, and thus many argue that the system should focus on punishment so as to teach the juveniles and others of the consequences of their behavior. The supporters of punishment as a way to reform the youth say that the principle of equality regardless of age, social class or wealth should be applied in the same measure to juveniles but not always. Since minors want to act out in such an awful way and make conscious choices like adults, they should be tried and treated like adults. Those who engage in crimes more than twice should also be punished severely. They should not be given lighter sentences since they will not learn and are more likely to engage in crime after their release.
Rehabilitation supporters argue that the government should establish more rehabilitation centers where the juveniles will be helped and not harden them or hurt them by punishing them. Most Americans, however, are not happy with the system since most rehabilitation stories are not satisfied.
Incarceration harms young people as they are often subject to both physical and sexual abuse, isolation and restraint. A study by the Bureau of Justice Statistics found that 9.5% of youth are sexually abused by either other juveniles or staff while they are locked up. It also fails to produce better justice outcomes for the children, and some are sentenced for crimes they did not commit. Incarceration is a waste of funds since placement in secure facilities is ineffective and harmful to the minors.
The two systems share similar goals which are to rehabilitate the law breakers, discourage future criminal conduct by the offender &others and serve the exaction of justice and reparation for the offense. Juvenile delinquency is a more severe threat -than adult criminals- to the current and future safety of the American society. Although the results from the crimes are the same, juvenile delinquency offenders cases, require more consideration since the problem is more complicated than that of the adults It needs an investigation to determine the core cause of the increasing numbers of minors engaging in crime and how the problem can be mitigated. It has thus led to increased number of debates and discussions from different entities. The United States Department of Education and Department of Justice has been campaigning for the adoption and implementation of a multi-tiered behavioral system within juvenile justice. It will help provide quality education and safe facility environments for youths in sheltered care as a means of improving the child behavior and future (In McShane, 2016).
More juvenile rectification organizations and facilities are being established from both within and outside different states to help move away from the hasty practices and help reform the minors. Some of these groups include; advocacy groups, monitoring agencies and state rehabilitation centers. According to Sheila, partnering education and justice have helped use the principle of restorative justice which helps the offenders build on their competencies and strengths. The students learn about the court systems as they conduct and practice on actual cases.
Since the new millennium, state and local youth justice systems across the country have undergone huge reforms. The success of these reform efforts can be seen in a dramatic 41% reduction in youth incarceration rates over the past ten years; Angela Irvine quotes Davis et.al. 2014b). However despite the improvements, the young people of color the Blacks, Native Americans and Latinos - have a higher probability of being locked up than the white teens.
Successful reform of the youth justice systems across the country depends on four interconnected strategies: Adoption of the risk principle, diversion programs in schools, funding bills, and legislation can help reduce incarceration. Finally, placing youth close to their homes and supervising them either individually or through groups can help to reduce crimes committed by the minors.
Conclusion
The adoption of the Positive Behavioral Intervention and Support framework as a multi-tiered behavioral system of support within juvenile justice is continuing to gain thrust across the nation and within agencies. It is seen as a mean of providing more practical and preventive behavior management and or discipline services.
References
Fuller, J. R., & Hickey, E. W. (1999). Controversial issues in criminology. Boston: Allyn and Bacon
Cowen, P. S., & Moorhead, S. (2011). Current issues in nursing. St. Louis, Mo: Mosby Elsevier.
Nelson, G. (2013). Pathways to the US Supreme Court: From the arena to the monastery. Basingstoke: Palgrave Macmillan.
In McShane, M. D., & In Cavanaugh, M. R. (2016). Understanding juvenile justice and delinquency
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