The Juvenile Justice System
Mallory Collins
Niki Bliss-Carroll
Cleveland Community College
Shelby, NC
Thesis
Are the Juvenile Justice System practices lowering recidivism rates in
youth offenders?
Introduction
● The Juvenile Justice System (JJS) is very important to the future of
troubled youth and their development into their adult years.
● The JJS is apart of the Criminal Justice System (CJS).
● It is important that the practices taking place in the JJS are productive
in lowering the recidivism rates of the youth.
● However, there is a counterargument that expresses that the practices
in place in the JJS are not doing what it is meant to do because of
issues in advancement.
● It is important to the youth and their future that the JJS is fulfilling its
purpose and is updated in its practices.
Important Resources
● The most influential resource information came from:
○ Jessica Bouchard and Jennifer S. Wong
■ Information on alternative punishment and rehabilitation
○ Jason T. Carmichael and Giovani Burgos
■ Biased Punishment and political effects on sentencing
○ National Council of Juvenile and Family Court Judges
■ Legal advancements in JJS and protection of juveniles
○ Judy C. Tusi
■ The history of JJS and explains restorative justice effects
Source:https://www.nevadabusiness.com/2018/12/national-council-of-juvenile-and-family-court-judges-applauds-updated-l
aw-to-modernize-and-improve-federal-juvenile-justice-system/
History of the Juvenile Justice System
● “America extended this treatment to the realm of juvenile justice in
1899, when Cook County, Illinois, created the country's first juvenile
court” (Troutman).
● The job of the Juvenile Justice System is to protect the juveniles who
are prosecuted in the justice system.
Source:https://www.npr.org/local/309/2019/05/13/722351881/how-chicago-women-created-the-world-s-first-juvenile-justice-system
Differences in the JJS and the CJS
● While the Criminal Justice System is meant to process offenders who
are being tried as adults, the Juvenile Justice System process those
considered minors
● This differentiation is in place so that the juveniles in the JJS do not
become labeled or stereotyped for the rest of their lives, and the JJS
focuses less on punishments for the crimes committed.
Source:https://www.freepik.com/premium-vector/18-age-restriction-sign-prohibited-eighteen-years-red-symbol-vector-illustration_4
101653.htm
Similarities in the JJS and the CJS
● There are many practices in the JJS that have been taken from the
CJS, this includes the practice of electronic monitoring.
● “ electronic monitoring, which was developed and intended as an
adult correctional tool, has now been adopted by juvenile courts”
(Arnett).
● The similarities in policies lead to concerns about how different the
effects of these practices, that are considered for adults, have on
juveniles.
Sources of Juvenile Problems
● Children learn from their surroundings, and have many influences and
some may be negative.
● Many juveniles “experience of school failure, dysfunctional home
settings, low self-esteem and poor self-image” (Bauer).
● It is important to counter such negative things that juveniles face in
their lives, then they will see they can have a better future.
Source:https://www.goodtherapy.org/learn-about-therapy/issues/self-esteem
Practices in the JJS
● One of the practice found in the JJS is that juveniles are protected by
law from “the death penalty, life without parole, and improper
Miranda waivers” (Troutman).
● Another practice found in the JJS is Teen Court.
● Teen Court is an “alternative type of “court” used to divert juvenile
offenders from formal processing” (Bouchard and Wong).
● Teen Court follows its own procedure and selects specific candidates.
Source:https://www.mlive.com/news/bay-city/2010/08/local_attorneys_police_weigh_i.html
Rehabilitation and Alternative
Punishment
● There are many other ways to deal with a juvenile’s actions rather
than punishing them or sending them to prison.
● There are programs, and alternative schools, and some juveniles just
need someone to talk to.
● It is more important to get a juvenile ready for a positive adult life
rather than a life in and out of prison.
Juvenile Employment Opportunity
● The Juvenile Employment Opportunity (JEO) began in 1992 in
Jefferson Parish, Louisiana (Bauer).
● The program provides juveniles with a job that allows them to put
their focus on something other than committing crimes.
● It also helps combat some of the issues that lead juveniles to commit
crimes.
Source:https://en.wikipedia.org/wiki/National_Register_of_Historic_Places_listings_in_Jefferson_Parish,_Louisian
Restorative Justice Effects
● Restorative Justice includes many different practices (Tusi).
● Restorative Justice focuses on more parties involved rather than just
the offender, it focuses on the victim as well (Tusi).
● Restorative Justices can allow for victims and others affected by the
crime to find a sense of peace from what has happened.
Source: https://www.coa.edu/calendar/view/event/event_id/617539
Updates in the JJS
● In December of 2018 “President Donald Trump signed the Juvenile
Justice Reform Act of 2018, which reauthorizes the Juvenile Justice
and Delinquency Prevention Act (JJDPA) and supports state efforts to
improve their juvenile justice systems, protect kids, and build safer
communities” (National Council…)
● This policy shows how the JJS continues to show progress.
Source:https://www.upi.com/Top_News/US/2018/12/21/Trump-signs-criminal-justice-reform-bill/8571545422879/
Errors in the JJS
● There can be injustices found in juvenile court proceedings.
● One error is that “larger numbers of juvenile life sentences are handed
out in more politically conservative states with a stronger Republican
Party” (Carmichael and Burgos).
● It is important to protect juveniles from harsher punishments than
necessary.
Source:https://www.wpr.org/how-did-us-political-parties-get-their-masco
Accountability theory
● The Illinois Loophole or the Accountability theory is an important
piece of legislation.
● “The accountability theory is the mechanism by which the State can
convict an offender of a crime which they did not actually commit”
(Troutman).
● The Accountability Theory states “an individual who exhibited more
than "mere presence" at the scene of the crime can be convicted of the
same crime and sentenced in the same manner as the individual who
committed the crime” (Troutman).
● By this theory juveniles could face extreme punishment such as life in
prison without parole.
Counterargument
● The JJS is not running at its highest potential, due to this it is not
effective in helping juveniles.
● With the information researched I have found that while there are
many positive policies and practices in the JJS, there are still some
errors.
● Juvenile proceedings must be fair, “the punishment should fit the
crime”.
● Juvenile practices should be tailored to fit juvenile standards, not just
be adopted from the CJS.
Data Findings
● Since 1996 juvenile crime activity has been on the downfall for the
age range 10 to 17, shown on the chart below.
Source:
https://www.ojjdp.gov/ojstatbb/crime/JAR_Display.asp?ID=qa05200&selOffenses=1
Data Discussion
● It is shown on the graph from the previous slide that juvenile arrest
rates are on the downfall beginning in 1996.
● With less juveniles being arrested there must be positive sources of
influence making a difference in juvenile lives.
● In my research I have found many policies and programs that are
meant to provide juveniles with what they need to re-enter society,
such as the Juvenile Employment Opportunity program.
● The programs target the main issues that lead to juvenile miss conduct
like unstable home lives and the feelings that come with that.
Conclusion
● In conclusion, from my research I have determined that the JJS does
have an effect on lowering the number of crimes committed by
juveniles.
● However, there are still policies in place that do not allow juveniles to
be fully protected in the JJS.
● The JJS can implement policies to protect juveniles from these errors.
● The most important point of this research is allowing for juveniles to
see that there is a better future for them, and that legal policies are set
to protect those juveniles and their futures.
Work Cited
Arnett, Chaz. "CRIMINAL LAW: VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS."
Journal of Criminal Law & Criminology, vol. 108, no. 3, 2018, pp. 399-454. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/2124044714?accountid=10163.
Bauer, Craig A. "Juvenile Job Placements as Alternatives to Incarceration." Corrections Today, vol. 57, no. 2, 1995, pp. 162. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/215712485?accountid=10163.
Bouchard, Jessica, and Jennifer S. Wong. "A Jury of their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism." Journal of Youth and
Adolescence, vol. 46, no. 7, 2017, pp. 1472-1487. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/1907722287?accountid=10163,
doi:http://dx.doi.org/10.1007/s10964-017-0667-7.
Carmichael, Jason T., and Giovani Burgos. "Sentencing Juvenile Offenders to Life in Prison: The Political Sociology of Juvenile Punishment." American
Journal of Criminal Justice : AJCJ, vol. 37, no. 4, 2012, pp. 602-629. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/1139413446?accountid=10163,
doi:http://dx.dohttp://dx.doi.org/10.1007/s12103-011-9135-1i.org/10.1007/s12103-011-9135-1."
National Council of Juvenile and Family Court Judges Applauds Updated Law to Modernize and Improve Federal Juvenile Justice System: The Juvenile Justice
Reform Act of 2018 Reauthorizes and Strengthens the Juvenile Justice and Delinquency Prevention Act." U.S.Newswire, Dec 21, 2018. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/2159480776?accountid=10163.
Ritter, Michael J. "Just (Juvenile Justice) Jargon: An Argument for Terminological Uniformity between the Juvenile and Criminal Justice Systems." American
Journal of Criminal Law, vol. 37, no. 2, 2010, pp. 221-240. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/835133174?accountid=10163.
Troutman, Brooke. "A MORE JUST SYSTEM OF JUVENILE JUSTICE: CREATING A NEW STANDARD OF ACCOUNTABILITY FOR JUVENILES IN
ILLINOIS." Journal of Criminal Law & Criminology, vol. 108, no. 1, 2018, pp. 197-221. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/2014525399?accountid=10163
Tsui, Judy C. "BREAKING FREE OF THE PRISON PARADIGM: INTEGRATING RESTORATIVE JUSTICE TECHNIQUES INTO CHICAGO'S
JUVENILE JUSTICE SYSTEM." Journal of Criminal Law & Criminology, vol. 104, no. 3, 2014, pp. 635-666. ProQuest,
https://login.proxy039.nclive.org/login?url=https://search.proquest.com/docview/1564021579?accountid=10163.
Questions?
