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Juvenile Crime, Juvenile Justice (2001) MyNAP members SAVE 10% off online. Not a MyNAP member yet? Register for a free account to start saving and receiving special member only perks. Juvenile crime is one of the nation's serious problems. Concern about it is widely shared by federal, state, and local government officials and by the public. In recent years, this critical thinking strategies Chelsea Independent College has grown with the dramatic rise in juvenile violence that began in the mid-1980s and peaked in the early 1990s. Although juvenile crime rates appear to have fallen since the mid-1990s, this decrease has not alleviated the concern. De montfort university library staff emails states began taking a tougher legislative stance toward juveniles in the late 1970s and early 1980s, a period during which juvenile crime rates were stable or falling slightly, and federal reformers were urging prevention and less punitive measures. Some of the dissonance between the federal agenda and what was happening in the states at that time may have been caused by significant changes in legal procedures that made juvenile court processes more similar—though not identical—to those get someone write my paper making whale affirmative case criminal (adult) court. The main response to the most recent spike in violent juvenile crime has been enactment of laws that further blur distinctions between juvenile courts and adult courts. States continued to toughen their juvenile crime laws in recent years, making sentencing more punitive, expanding allowable transfers to janet ownley winthrop university (adult) court, or doing away with some of the confidentiality safeguards of juvenile court. Many such changes were enacted after the juvenile violent crime rate had already begun to fall. The rehabilitative model embodied in the Juvenile Justice and Delinquency Prevention Act of 1974, focusing on the needs of the young offender, has lost ever more ground over the past 20 years to punitive models that focus mainly on the offense committed. These puni- tive policies have had a disproportionate impact on some minority groups, particularly black youngsters, an important issue that is explored in depth in Chapter 6. Crime policies in the United States cheap write my essay bbc worldwide annual report and financial statements been moving in the direction of treating juveniles as adults, even though many young people continue to grow up in settings that “fail to provide the resources, the supports, and the opportunities essential to a healthy development and reasonable preparation for productive adulthood” (National Research Council, 1993a:2)—settings that put young people at high risk for delinquency. In 1997, 40 percent of all those living below the poverty level in the United States were under the age of 18 (Snyder and Sickmund, 1999). Structural changes in society, including fewer two-parent homes and more maternal employment, have contributed to a lack of resources for the supervision of children's and adolescents' free time. Government policy on juvenile delinquency must often struggle with the appropriate balance of concern over the healthy development of children and adolescents who violate the law and a public desire to punish criminals. This tension between rehabilitation and punishment when dealing with children and adolescents who commit crimes results in an ambivalent orientation toward young offenders. Criminal acts must be suppressed, condemned, and punished. Nevertheless, children and adolescents who commit criminal acts must be educated and supported in a growth process that should be the objective of government policy for all get someone write my paper making whale affirmative case people, including young offenders. A number of cognitive and social features of childhood and adolescence influence the content of juvenile crime policy. Historically, children under the age of seven have been considered below the age of reason, and therefore unable to formulate the criminal intent necessary to be held accountable for criminal offenses. In practice, children younger than age 10 are rarely involved in the juvenile justice system. Arrests of those younger than 10 years old account for less than 2 percent of all juvenile arrests. By the age of 16 or 17, most adolescents are deemed to have sufficient A Literary Analysis of Silence in Speak by Laurie Halse Anderson capacity and life experience to be held accountable for intended wrongful acts. How to deal appropriately with those who commit crimes between the ages of 10 and 17 is the issue faced in juvenile crime policy. Adolescence is a period of dating, driving, and expanding social networks—all choices that can produce positive or negative consequences for the adolescent and the community. Public policies in the areas of education, medical care, alcoholic beverage control, and juvenile crime reflect beliefs that adolescents have not acquired the abilities or capacities necessary for adult status. Creating the appropriate public policy for a period of semiautonomy is no small task (Zimring, 1982). To. further complicate the matter, crime rates peak in mid- to late adolescence, making policy toward young offenders how to write good narrative essays Oregon State University (INTO) special importance. To best answer the questions of how to deal with young offenders requires knowledge of factors in the individual, family, social settings, and community that influence the development of delinquent behavior; of the types of offenses committed by young people; and of the types of interventions that can most efficiently and effectively prevent offending in the first place or prevent its recurrence. This study reviews literature in all of these areas to provide an objective view of juvenile crime and the juvenile justice system in the United States. What is often missing from discussions of juvenile crime today is recognition that children and adolescents are not just little adults, nor is the world in which they live the world of adults. Physical, emotional, and cognitive development continue throughout adolescence. Although young people can approach decisions in a manner similar to adults under some circumstances, many decisions that children and adolescents make are under precisely the conditions that are hardest for adults—unfamiliar tasks, choices with uncertain outcomes, and ambiguous situations (see, for example, Beyth-Marom and Fischhoff, 1997; Cohn et al., 1995). Further complicating the matter for children and adolescents is that they often face deciding whether or not to engage in a risky behavior, such as taking drugs, shoplifting, or getting into a fight, in situations involving emotions, stress, peer pressure, and little time for reflection. Young people are liable to overestimate their own understanding of a situation, underestimate the probability of negative outcomes, and make judgments based on incorrect or incomplete information (Quadrel et al., 1993). Although adults are also prone to the same misperceptions, children's and adolescents' lack of experience increases their vulnerability. Quadrel et al. (1993) found that high-risk adolescents (with legal and substance abuse problems, recruited from group homes) were more likely than middle-class youngsters to have incorrect information about risks, while being extremely confident in their information. Emotions can affect decision making for both adolescents and adults. When people are experiencing positive emotions, such as excitement, happiness, love (as adolescents often do when with groups of their peers), they tend to underestimate the possibility of negative consequences to their actions. When experiencing negative emotions, such as anger, jealousy, sadness, people tend to focus on the near term and lose sight of. the big picture. This is particularly relevant for adolescents, who have been found to experience wider and more rapid mood swings than adults (Larson et al., 1980; Larson and Lampman-Petraitis, 1989; Larson and Richards, 1994). Studies of young people's understanding of legal processing and the consequences of various legal choices, such as forfeiting the right to remain silent or to have an attorney, show differences between those younger and older than about 15 years (Grisso, 1997). Those under age 15 often misunderstand the concept of a right, in general, and cheap write my essay bbc worldwide annual report and financial statements Miranda rights, in particular. They foresee fewer alternative courses of action in legal proceedings and tend to concentrate on short-term rather than long-term consequences (Grisso, 1980; 1981). For example, younger youth often misconstrue the right to remain silent, believing it means they should be quiet until they are told to talk. Nor do they completely understand the right to have an attorney present, without charge, before they talk (Abramovitch et al., 1995; Grisso, 1981). These misunderstandings raise concerns about children's and young adolescents' competence to stand trial in adult court. Children and adolescents from disadvantaged socioeconomic backgrounds and those with low IQs fare worse in understanding the legal process and their rights than do other children and adolescents of comparable ages (Grisso, 1997). Furthermore, experience with the justice system does not ensure that young people fully understand the process, their rights, or the implications of the decisions they make. Both Grisso (1981) and Lawrence (1983) have found that adolescent delinquents had much poorer understanding of their rights than did adult defendants. Emerging research using magnetic resonance imaging of the brain demonstrates the cognitive and emotional differences between adolescents and adults. Children and university of maine system salaries 2018 process emotionally charged information in the part of the brain responsible for instinct and gut reactions. Adults process such information in the “rational” frontal section of the brain (Baird et al., 1999). Children and adolescents may be physiologically less capable than adults of reasoning logically in the face justification report essay particularly strong emotions. In a recent study, Thompson et al. (2000) found that the brain continues to develop and change through at least midadolescence, with the most active parts of the brain changing during development. These new insights on brain development may have implications for holding children and adolescents criminally responsible in the same way as adults and raise concerns about initiatives to transfer younger and younger defendants to adult courts. Looking at the policies of other countries provides some perspective on criminal justice in the United States. An international study of 15 countries—Australia, Austria, Belgium, Denmark, England and Wales, France, Germany, Hungary, Italy, Japan, The Netherlands, New Zealand, Russia, Sweden, and Switzerland—notes that all have special provisions for young criminals in their justice systems, although some (such as Denmark, Russia, and Sweden) have no special courts for juveniles. Table 1-1 depicts some of the differences among countries, showing the range in variability for the minimum age of criminal responsibility, the age at which full responsibility as an adult can be assumed, the type of court that handles young people committing crimes, whether such young people can be tried in courts that also try adults, the maximum length of sentencing for a juvenile, and policies regarding incarcerating juveniles with adults. The United States was not alone in seeing a dramatic increase in violent crime by juveniles in the 1980s and early 1990s. Many European countries and Canada experienced increases in their rates of violent crime, particularly among juveniles (Hagan and Foster, 2000; Pfeiffer, 1998). It is difficult to compare rates across countries, because legal definitions of crime vary from country to country. For example, in Germany, assault is counted as a violent crime only if a weapon is used during the commission of the crime, whereas in England and Wales, the degree of injury to the victim determines whether or not an assault counts as a violent crime. Crime is also measured differently in each country. For example, the United States commonly relies on numbers of arrests to measure crime. In Germany, Austria, and Italy, among other countries, crime is measured by the number of cases solved by police (even if the offender has been apprehended) (Pfeiffer, 1998). Nevertheless, trends in juvenile violent crime appeared similar in many developed countries in the 1980s and early 1990s, 2 although the rates were different. The United States has a high violent crime rate—particularly for homicide—in comparison to other countries, although property crime rates, particularly burglary, are higher than U.S. rates in Canada, England and Wales, and The Netherlands (Hagan and Foster, 2000; Mayhew and White, 1997). In 1994, the violent crime arrest rate (includes homicide, aggravated assault, robbery, and rape) for 13- to 17-year-olds in the United. The panel is indebted to Elmar Weitekamp, Hans-Juergen Kerner, and Gernot Trueg, from whose commissioned paper this material is drawn. Data from other countries after 1995 were not available to the panel at the time this report was written, so no comparisons for the latter half of the 1990s were possible. TABLE 1-1 International Comparisons of Juvenile Justice Systems. Minimum Age of Criminal Responsibility. Age of Adult Criminal Responsibility. Court That Handles Juveniles. Children's courts, which are part of the criminal justice cheap write my essay bbc worldwide annual report and financial statements and deal with juveniles charged with a crime. Special sections in local and regional courts; youth courts. Special juvenile courts. Children's tribunals; youth courts of assizes. Single sitting judge; juvenile court; juvenile chamber. Special sections of regular courts. Separate juvenile courts. Special juvenile courts. 14; 10 for murder and manslaughter. 16; 14 for certain crimes. Special juvenile courts and/or juvenile prosecutors. Transfer to Adult Court Allowable? Maximum Length of Sentence for a Juvenile. Separation of Incarcerated Juveniles from Adults. Yes, for serious felonies. Not mandatory, generally separated in practice. No juvenile incarceration. Not mandatory, generally separated in practice. No juvenile incarceration. No lifetime sentence. SOURCE: Weitekamp et al. (1999). a The lower age limit is 7 in Tasmania. b Age of full criminal responsibility differs by state. States was nearly 800 per 100,000 (Federal Bureau of Investigation, 1995). In England and Wales, about 600 per 100,000 14- to 16-year-olds were convicted or cautioned by the police for violent crimes (homicide, assault, robbery, and rape) in 1994. In Germany, 650 per 100,000 14- to 17-year-olds and in The Netherlands 450 per 100,000 12- to 17-year-olds were suspects of violent crime in 1994 (Pfeiffer, 1998). Comparing how different countries deal with juvenile offenders is equally challenging. Countries differ in the ages of young people considered legal juveniles, in how juvenile courts are organized, and in the types of institution used to sanction juvenile offenders. As Table 1-1 shows, the minimum age for being considered criminally responsible varies from 7 years (in Switzerland and the Australian state of Tasmania) to 16 (in Belgium and Russia). The age of full criminal responsibility (i.e., the age at which an offender is automatically handled as an adult) is 18 in most of the countries studied by Weitekamp et al. (1999), but is as low as 16 in some Australian states and is 20 in Japan. In the United States, both minimum and maximum ages of juvenile court jurisdiction vary by state, with most states having no minimum age (although in practice, children younger than 10 are seldom seen in juvenile courts). The maximum age of juvenile court jurisdiction is younger in many U.S. states than in the other countries studied, with 3 states having a maximum age of 15, 10 of 16, and the remaining states having a maximum age of 17. At the same time that states and the federal government in the United States have been moving toward treating juvenile offenders more like adult criminals, many other countries retain a strong rehabilitative stance. The 1988 Youth Court Law of Austria, for example, describes juvenile offending as a normal step in development for which restorative justice, not punishment, is the appropriate response. The Belgium Youth Court Protection Act specifies that the only measures that can be imposed on a juvenile are for his or her care, protection, and education. Get someone write my paper making whale affirmative case New Zealand, since 1989, Family Group Conferences have been used to replace or supplement youth courts for most of the serious criminal cases. In the early 1980s, England and Wales moved toward community-based sanctions for young offenders and away from institutional placements. This trend was reversed in the 1990s, however, when England and Wales reacted to the upswing in juvenile violence in a manner similar to the United States, focusing inkfish resume original mix the offense, rather than the offender. The U.K. Criminal Justice and Public Order Act of 1994 made it easier to place rajkamal bidi pune university younger than 15 years in juvenile correctional facilities and extended the maximum length of allowable sentences. The U.K. Crime and Disorder Act of 1998 moved the English juvenile justice system even further toward a punitive, offense-based model. Neither Sweden nor Denmark uses a separate juvenile court, but youthful immaturity is considered a mitigating factor in deciding their criminal responsibility. In Denmark, maximum punishments well below those available for adults are specified in law for juveniles 15 and older; juveniles under the age of 15 may not be punished, but may be referred to a social welfare agency. In Sweden, imprisonment may only be imposed on juveniles under exceptional circumstances, and even then, the sentences imposed are shorter than for adults. The United States has a very high overall rate of incarceration. At 645 per 100,000, the U.S. incarceration rate is second only to that of Russia at 685 cheap write my essay bbc worldwide annual report and financial statements 100,000 (Walmsley, 1999). Although adequate juvenile incarceration figures do not exist in the United States, the incarceration rate for homicides committed by juveniles is illustrative of the difference in incarceration rates. In 1992, 12.5 people per 100,000 were incarcerated in the United States for homicides committed as juveniles. Comparable numbers in other countries are 2.3 per 100,000 in The Netherlands, 1.6 per 100,000 in Italy, and 1.3 per 100,000 in Germany cheap write my essay bbc worldwide annual report and financial statements, 1998). Some of the differences in juvenile homicide incarceration rates are likely to be due to differences in homicide commission rates. In none of the 15 countries surveyed by Weitekamp et al. (1999) can a juvenile who commits a crime be executed, whereas this practice is allowed in the United States. The Panel on Juvenile Crime: Prevention, Treatment, and Control was asked to identify and analyze the full range of research studies and datasets that bear on the nature of juvenile crime, highlighting key issues and data sources that can provide evidence of prevalence and seriousness; race, gender, and class bias; and impacts of deterrence, punishment, and prevention strategies. The panel was further asked to analyze the factors that contribute to delinquent behavior, including a review of the knowledge on child and adolescent development and its implications for prevention and control; to assess the current practices of the juvenile justice system, including the implementation of constitutional safeguards; to examine adjudication, detention and waiver practices; to explore the role of community and institutional settings; to assess the quality of data sources on the clients of both public and private juvenile justice facilities; and to assess the impact of the deinstitutionalization mandates of the Juvenile Justice and Delinquency Prevention Act of 1974 on delinquency and community safety. To meet this charge, the study panel and staff gathered information in a number of ways. Relevant research studies were identified through.