Abstract
Juvenile delinquency is an extremely prevalent topic in today’s society. We see related issues appear in the community, social media, and news reports. Since youth are a big part of our society, there needs to be a solid system for support. Typically, youth involved in delinquent behaviors are between 15-18 years old. During this time, they face many struggles and changes in hormones and figuring out who they are. The delinquency rate is heavily influenced during this age range because so many factors result in whom the individual becomes. The views on juvenile delinquency are controversial due to the changes in society and variety of cases. With the constant evolution of our society, there are more factors that are involved in a youth’s life that were not present ten years ago. These changes sometimes do not match with current laws and cannot be updated instantly, leading to criminal activity.
Juvenile Delinquency
Throughout history, children have played a variety of roles in society, whether it workers or farmhands. In the United States, the term parens patriae is used to define the philosophy defining that the government being the true guardian for dependent children. This means the government acts in order to provide protection and care equal to a parent or guardian figure (Siegel and Worrall 2014). The juvenile justice system that is currently in place is complex and involves many parts and guidelines. The initial contact is most often with a police officer and reviewed by a prosecutor to determine whether the case needs to be formally charged or is able to be settled informally. Over half of the juvenile court cases never go past the first step (Siegel and Worrall 2014). Investigations occur within the juvenile justice system and in the adult justice system, including interrogation, searches, and other typical investigation strategies. Some of these are limited due to the fact that a minor is involved but they face a similar process as adults, depending on the severity of the crime. Popular crimes in our society are present within the juvenile justice system. There is the presence of drug abuse, theft, alcohol abuse, gang violence, etc. All of these crimes fall into two categories; criminal law and civil law. Whether an adult or youth commits the crime, these categories hold accurate. Criminal law defines the prohibition of activities that affect well-being and threaten social order. These include those crimes, such as drug use and theft. Civil law involves the topic of private activities and are interpersonal, usually involving the ownership of property, contracts, and personal conflicts (Siegel and Welsh 2015). Both categories are present within the youth system and the adult system. Depending on the category, the conviction varies. Most juvenile cases fall into the criminal law category, a majority being petty crimes.
Many factors are combined to create a personality, including genetics, environment, and society. All these things together determine whether or not, someone will be delinquent. Hormones and puberty are the primary step in the process. Around age 16 to 18, youth face the struggle of ego identity and role diffusion (Siegel and Welsh 2015). They are just beginning to develop their own sense of self and how and where they fit in. This is also the same period of gaining independence from parents and learning to be an adult. Mixed with hormone surges, this explains why teenagers tend to act in rebellious ways, leading to delinquent behaviors. Another factor that plays a role in determining juvenile delinquency is family background. A family with low socioeconomic status and acts of abuse present are more likely to continue the cycle of abuse than a median income two parent family. Witnessing abuse as a child leads to a higher chance of abusing in adulthood. This stands true for any type of abuse, physical, emotional, sexual. Gender also plays an important role in the acts of delinquency. Males tend to be more delinquent than females, but females are more likely to be arrested for running away or being on the street (Siegel and Welsh 2015). This relates to the stigma towards females with paternalistic attitudes that females are more likely to get in trouble due to the fact that historically, there has been a stereotype created around them. They are viewed as more emotional and irrational compared to males. Race and socioeconomic status are two other major determinants in delinquency. Some other factors are cultural norms, traumatic events, and peers.
Many laws are in place that protect juveniles and give them fair treatment based on age and competency. The concept of being tried as an adult is a major topic in the justice system among youth. Anyone under the age of 18 is considered a minor and is able to be tried through juvenile courts, but each state has their own age of jurisdiction. A majority of states consider the age to be to be 17 with some even having the age limit at 16 (Tiegen 2017). Youth at this age are not always developmentally competent for these crimes, leading to the controversy of being such a young age and being tried as an adult. Terminology varies between adult criminals and juvenile criminals. Our society says adults can be punished, while children can be treated (Siegel and Welsh 2015). There are two separate courts for this reason. Many other terms are used that are distinct to each court. The juvenile justice system consists of terms such as petition instead of arrest, and aftercare instead of parole (Siegel and Worrall 2014). The use of these terms focus more on the treatment of the youth rather than being harsh and straightforward. Minors are protected by a certain set of laws and guidelines, regardless of their age. Records are private and backgrounds are sealed in hope to eliminate the stigma of delinquency and prevent further convictions and reentry into the system as an adult. However, depending on the seriousness of the crime, there are certain transfer laws that may apply. This includes statutory exclusion, judicially controlled transfer, prosecutorial discretion transfer, and “once an adults, always an adult” transfer. Each of these allow and sometimes require youth offenders to be tried as an adult, no matter what age the youth is currently (Tiegen 2017). The term, waiver, can be interchanged with transfer. General waiver types include direct file waiver, excluded offense waiver, judicial waiver, reverse waiver, and blended sentencing (Siegel and Worrall 2014). Some states do require the child to be over a certain age when these waivers and transfers come into play. In most states, the youngest a child can be is fourteen years of age when applied to these alternatives. Age fourteen is still young from a developmental perspective. A youths brain is just maturing at that point and pathways may not be connected yet or incorrectly connected, leading to the beginnings of mental health issues.
The aftercare of those youth that are already in the system is just as important as the preventive measures. After being released from the justice system, a youth has many options, just as an adult does in the same situation. Educational systems, peers, and family support all play a role in determining the youth’s future. Typically, a youth will participate in some type of probation or supervision after being released. Probation is common in cases as well as different intervention methods to promote treatment. There are two major types of probation, school based and intensive. School based probation monitors school attendance, drug testing, and skill based training on anger management and such, while intensive probation is related to more frequent contact (Greene and Heilbrun 2013). Both of these forms of probation usually require the individual to remain in one place, limiting their freedom. But what do we do about status offenders? Aftercare is the last and final stage of the juvenile justice system and is in place to help transition youth back into normal settings. (Siegel and Worrall 2014). These programs include YMCA, YWCA, Boys and Girls Club, school sponsored groups, before and after school programs, and other agency based organizations. These groups promote involvement within the community and decreases reentry into the system.
As society progresses and evolves, so will the justice system. As of right now, there are many flaws, especially as new cases appear with the lack of laws for the scenarios given. There seems to be too many grey areas where no one law or solution is available. There is no right or wrong solution for this matter at hand but eventually, with all the constant change, there needs to be a stable system in place for these crimes.
References
Greene, E., Heilbrun, K. (2013) Wrightsman’s Psychology and the Legal System. Wadsworth Publishing.
Siegel, L. J., & Welsh, B. C. (2018). Juvenile delinquency: theory, practice and law. Boston,
MA: Cengage Learning.
Siegel, L. J., & Worrall, J. L. (2014). Introduction to criminal justice. Boston, MA: Cengage
Tiegen, A. (2017). Juvenile Age of Jurisdiction and Transfer to Adult Court Laws. National
Conference of State Legislatures.