Juvenile Justice System US (Hinako)
◦basically it depends on the laws of each state.
◦all the states decide to have the special courts that only handle juvenile delinquencies
◾In 1997, 22 states had provisions for transferring juveniles to criminal court which did not specify.
◾For those that did specify, the most common (16 states) was age 14.
◾Two states, Kansas and Vermont, set it as low as 10.
◾In many states, once a juvenile is tried and convicted as an adult, he or she must be prosecuted in criminal court for any subsequent offenses.
◾In 45 states, it is age 17.
◾ Five states– Georgia, Michigan, Missouri, Texas and Wisconsin–now draw the juvenile/adult line at age 16.
◾However, all states have transfer laws that allow or require young offenders to be prosecuted as adults for more serious offenses, regardless of their age.
•Protection of Privacy (open/close to the public)
◦Different between each state
◦Public/ Private of the juvenile court
◾In 1920’s, did not prohibit any publication.
◾However, by around 1950, many states started to restrict to publicize the informations.
◾In the 1980’s, the serious incidents of juvenile started to increase, so many states begin to publicize the delinquency hearing.
◾On the other hand, there are some states that decide to privatize the delinquency hearing, in order to juveniles to rehabilitate.
◾According to the research from 2004, 15 states privatize, 14 states publicize, and 21 states publicize it depends on the situation.
◾15 states allow media to access the informations of juveniles if that case was publicized and if the media attended trials.
◾30 states allow media or citizens to access the information of juveniles depends on if he/she had arrested before.
◾4 states, the courts make decisions each time whether or not to publicate.
◾2 states decide prrivatize every case to the media
•Results of juvenile court cases
◦From the report of the United States Department of Justice in 2003, from all the juveniles who were arrested,
◾20% – released
◾70% – goes to the juvenile court
◾others – transferred to the criminal court or other facilities
Juvenile Justice System India (Juli)
◦Juvenile justice board 2014
◾ (i) heinous offences minimum punishment of 7 years or more under IPC or any other law
◾ (ii) serious offences three to seven years of imprisonment
◾ (iii) petty offences (Below 3 years of imprisonment)
◦these laws are only enforced to juveniles between 16-18
◾juveniles below 16, there maximum punishment is 3years
◦a juvenile cannot be given life time imprisonment without possibility release or death penalty(死刑囚はなし、１００年とかはあり)
◦Juvenile justice board(JJB)
◾Two social workers, at least one of whom should be a woman
◾All the decisions shall be taken unanimously
◾JJB inquiry – 1 whether or not the child knew the nature, circumstances, consequence, of the crime age
◦Juvenile justice board gives an order
◾1. counceling community survice
◾2. obsevaton center, rehab center
◾3. refer to childrens cort
◾1. counceling community survice
◾2. obsevaton center, rehab center
◾3. 7 years or more imprisonment
◦nothing is an offensive crime which is done by a child less than 7 years of age (Indian penal court)
◦ nothing is an offensive crime between 7-12 if they do not know the nature of the crime (if one is mature of intellect is liable)
◦In 1986 (juvenile justice act) 16 for boys, 18 for girls
◦In 2000 (Juvenile justice act) changed to 18years for boys and girls
◦2012-14 he juvenile crime rate had increased
•70% of the juveniles accused of crimes are in the age 16-18 (adult crime)
•December 16 2012 gangrape (one of the offenders was juvenile)
◦ In 2014 (The juvenile justice bill) Replaces the juvenile justice act 2000
◾Permits juveniles between 16-18 to be tried as adults for heinous offences
• Protection of Privacy (open/close to the public)
◾According to the 2000 act, juveniles are not exposed to the media as magazines, newspapers are not permitted. (pictures revealing of identity)
Categories of crime
(LP1) Now me and Waka are going to talk about the different kind of crimes and the reasons behind youth committing crimes. When we talk about juvenile crimes, children can be divided into two types of criminals. Status offenders and delinquent offenders.
(LP2) This is when one’s act is only illegal because of their age. They are offenders because they are young. Status offenders are breaking the laws that protect them from making the wrong choices or from harming their immature bodies. These belong to status offences. In the bar graph that shows the most common juvenile arrests, curfew and loitering, liquor laws and runaways are examples of acts by status offences.
Curfew(門限) is when a child is not back home on time while loitering(徘徊) is when someone is standing or waiting around without apparent purpose. But in this case, the law applies to specific time of the day when youth should not be hanging around in public. For example, the laws in Texas states that
“It shall be unlawful for a minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the city between the hours of 11:00 p.m. and 6:00 a.m.”
“It shall be unlawful for a minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the city between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday on school days only.”
Runaways(家出) are when a child literally runs away from their home and gets caught. This is actually a crime in many states.
“9 states ( Georgia, Idaho, Kentucky, Nebraska, South Carolina, Texas, Utah, West Virginia, Wyoming)” in the US, “it is considered a ‘status offense’, which means it is against the law only when someone under 18 years old does it.”
(LP3) Additionally, laws about smoking, driving, gambling and buying guns are also there to protect the youth.
Guns(weapons) The minimum age of buying a handgun in the US is 18 but there is no law that restricts youth from using a firearm. This makes easier for them to murder someone or to kill themselves.
“The national minimum age to buy a handgun is 18 and some states require people to be 21. Some states also have laws on the minimum age to possess a firearm, but may make exceptions for activities such as hunting and target practice.”
“Guns are involved in 83% of murders committed by youth and 45% of suicides, according to CDC data.”
(LP4) This one is when the act is illegal for anyone. The word delinquent(非行) is the term to say that the offender is young. Delinquent offenders are more harmful in the sense that they affect or heart others. In the bar graph, Larceny-theft, drugs abuse violations, disorderly conduct and vandalism are examples of acts by delinquent offences.
Larceny-theft(窃盗) is stealing withought being noticed.
Disorderly conduct(治安紊乱) is violating peace in the town.
Vandalism(公共物等の損壊) is damaging or breaking public property. This includes damaging the appearance by painting graffiti on it.
Arson(放火) Is putting fire on one’s property.
Delinquent offenders can be treated as a grown up depending on the situation
(LP6) This graph shows the most common juvenile crimes in the US. You can see that there are quite a lot of status offences. This shows that the there are many laws in the US to protect the youth and they are rejecting it.
(LP7) For the past few years, the juvenile crime rates are decreasing little by little. This seems to be the effect of the juvenile justice reform at the beginning of the 21st century when many states introduced execution for juveniles and they changed their policies on juvenile crimes.
Especially the non index crimes have dropped to half in 6 years. (still searching for the reasons but it seems like they changed their sentencing laws and other policies on juvenile crimes around 2002)
•Violent Crime Index: Murder/nonneg. mans, Rape, Robbery, Aggravated assault
•Property Crime Index: Burglary, Larceny-theft, Motor vehicle theft, Arson
•Non index juvenile arrests: Forgery and counterfeiting, Fraud, Embezzlement, Stolen property, Vandalism, Weapons, Prostitution/commercialized vice, Sex offenses (other), Drug abuse violations, Gambling, Offenses against family, Driving under influence, Liquor laws, Drunkenness, Disorderly conduct, Vagrancy, Curfew and loitering, Runaways
It is easy to see that for under 18’s (the red line) the rate of repeating a crime after release is very high in the US compared to the other age groups. Nearly half of them are caught again with in 3 weeks.
Reasons – Individual factors
The rates between boy and girl offenders have been fairly constant around 7:3 for the past few years. Since the gender ratio of the population does not change so much either, it can be said that boys are twice more likely to be arrested than girls in the United States. Research has shown that boys around the age of 15 suddenly becomes boys compared to girls. This could be because of their body becoming mature – becoming bigger and stronger with a lot of energy to waste.
Reasons – House income
(LP8) You may think that crimes in general are related to poverty but that is not true. Although violent crimes are conducted proportionally to the house income, youth from high income families are involved in drug related crimes more than the others. Because drugs are dealt at a high cost, youth with more money have better access to it.
Reasons – Education
You can see from the graph that the education level is almost directly proportional to the house income in the US so it is hard to differentiate that two.
Reasons – Ethnic groups
(LP9) Looking at the graphs, it is obvious that there is a racial bias on crimes. Although the largest race population is white and the smallest is american indian, there crime rates about the same. Instead, black juvenile crime rates are nearly double of them.
Reasons – Other
Neighborhood environment seems to affect children psychologically, increasing their crime rates but this also connects to the low house income of the family.
Games are not proved to have relation with juvenile crime. For some, it increases their aggressiveness and for others, it acts as a good stress relief.
(LP10) Most juvenile crimes I have introduced so far can be related to the Gang in the US. Looking at the graph, half of its members are juveniles which suggests a strong relationship between the gang and juvenile crimes. Also, the rate of race within the gang links to the racial difference of juvenile crimes and why they are more likely to be treated unfairly.
Categories of crimes
Theft ,burglary(不法侵入),snatching(強盗、ひったくり),dacoity (強奪),murder and rape.
✳︎All types of these crime has being committed by children under 18 years old.
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