Deck 13: Juvenile Justice in the Twenty First Century

Question 1

Is Waiver Effective?
In all the debate surrounding transfers of juvenile offenders to adult or criminal court, one of the most important issues is whether transfers are effective in reducing crime rates. Are juvenile offenders who are transferred to and convicted in adult court less likely to recidivate than similar youths who are convicted in juvenile court? To answer this questions, the Task Force on Community Preventive Services, an independent group that receives support from the US Department of Health and Human Services and the Centers for Disease Control and Prevention, conducted the first comprehensive, methodologically rigorous systematic review of studies measuring the effects of transfer laws and policies on crime rates. Not one of the studies found that transfers produced lower violent crime rates. In fact, four of the studies found a harmful effect- that is, juveniles transferred to adult court had higher violent rearrest rates than their counterparts who were retained in juvenile court. For these four studies, rearrest rates for the transferred juveniles were between 27 and 77 percent higher than rates for the nontransferred juveniles.
The authors of the review reported that these studies found harmful effects for total crime rates as well. On the matter of a general deterrent effect of transfers, less could be said. The task force concluded that there was insufficient evidence at present to make a determination on the effectiveness of transfer laws and policies in reducing juvenile violence generally. Based on the overall findings, the task force concluded that transferring juvenile offenders to the adult system is "counterproductive for the purpose of reducing juvenile delinquency and enhancing public safety." The task force did not go so far as to recommend that states repeal their transfer laws and discontinue the practice of transfers altogether, possibly because of the inconsistent results found for general deterrent effects.
CRITICAL THINKING
Could waiver be effective by other means than just its effect on crime?

Answer 1

Juvenile court:
A court's jurisdiction defined by law as juveniles, status offenders, or alleged to be delinquent deals with the juvenile court. The court handles independently to the criminal violations of the children who fall under the age group of 16 years. It also cares for dependents, neglected, and wayward youths.
Those who are involved in serious offences such as murder and rape, is not handled by "juvenile justice system." That kind of violence is automatically included in the adults' violence.
Waiver (Juvenile):
The jurisdiction of juvenile court waives the case and "adult criminal court" will continue the case for trail purpose. The jurisdiction is decided depending on waiver hearing. In some states, if the accused commits serious crime such as "rape and murder," the case is directly waived in "juvenile court."
The effect of waiver:
The "Task force on Community Preventive Service" is an independent government supported department study on effectiveness on the transfer law and the level of crime rate.
Not any one of the research study proves that the waiver reduce the crime rate. However, the study clears that, the re-arrest rate of waivered juvenile is higher than the re-arrest rate of the juvenile retained in the juvenile court. Based on the overall study, the result found is that it is inconsistent towards the crime rate of waive and non-waive juvenile.
The waiver by the "juvenile court" and transfer to criminal court is also not good for the juvenile. If the crime has been proved, the juvenile should serve in prison for the mentioned period. The juvenile will be jailed with "adult criminals." The direct contact with "adult criminals" in such a small age leads the juvenile to learn many bad behaviors and activities from adult felons.
For example, J is a juvenile court judge. JN is 14 year old kid arrested for the rape and robbery. The crime is a serious one and it may be transferred to the adult court based on the hearing decision. However, J is the final decision making authority.
During the waiver hearing, J discovered the personal details of JN. He has no contact with his father over 10 years, his characteristic is hostile, he is in great frustration, anger towards girls, intelligence level is above average, he has not committed any crime in his record. JN has highly regretted for his activity during the hearing.
JN has been attempted a serious crime and the victim had been affected badly. Personally, JN has psychological issues that lead him to commit the serious crime. If J decides to waiver case, it will not help JN to correct his attitude and his psychological issues will increase in the adult prison environment.
JN required a better counseling to sort out his psychological issues such as frustration, hostile, and angry towards girls. Suppose if these problems are solved, he will become a good citizen. Considering his age and the above points J can decide to treat JN in juvenile court.
However, this kind of benefit will not be offered again, if JN commits the crime again. Hence, J should inform to JN, that this is a better chance for him. If he commits further crime, it will directly move on to the adult court and he will be sentenced by the prison.
However, kid committed crime that already has the criminal record they should be waived and should not be jailed with "adult criminals." They should be kept separately. It may be help to avoid the contact with adult criminals and they will not be induced in doing further crime.

Question 2

You are a juvenile court judge. John has been arrested for robbery and rape. His victim, a young neighborhood girl, was seriously injured in the attack and needed extensive hospitalization; she is now in counseling. Because the charges are serious, John can be waived to the adult court and tried as an adult even though he is only 14 years old. Under existing state law, a hearing must be held to determine whether there is sufficient evidence that John cannot be successfully treated in the juvenile justice system and therefore warrants transfer to the adult system. The final decision on the matter is yours alone.
At the waiver hearing, you discover that John is the oldest of three siblings living in a single-parent home. He has had no contact with his father for more than 10 years. His psychological evaluations show hostility, anger toward females, and great feelings of frustration. His intelligence is above average, but his behavioral and academic records are poor. John is a loner with few friends. This is his first formal involvement with the juvenile court. Previous contact was limited to an informal complaint for disorderly conduct at age 13, which was dismissed by the court's intake department. During the hearing, John verbalizes what you interpret to be superficial remorse for his offenses.
Ethical Challenge: Write an essay discussing whether you would waive John to the adult court or treat him as a juvenile. Give the reasons for your decision. Besides reading this chapter, you may wish to visit the OJJDP's website and follow the topics link for waiver/transfer (http://www.ojjdp.gov/ search/topiclist.asp). You may also want to read this recent report: http://www.ojjdp.gov/pubs/239081.pdf.

Answer 2

Situation:
J is a juvenile court judge. JN is 14 year old kid arrested for the rape and robbery. The crime is a serious one and it may be transferred to the adult court based on the hearing decision. However, J is the final decision making authority.
During the waiver hearing, J discovered the personal details of JN. He has no contact with his father over 10 years, his characteristic is hostile, he is in great frustration, anger towards girls, intelligence level is above average, he has not committed any crime in his record. JN has highly regretted for his activity during the hearing.
Determine whether the J would waive JN to adult court or allow him to proceed with juvenile court:
JN has been attempted a serious crime and the victim had been affected badly. Personally, JN has psychological issues that lead him to commit the serious crime. If J decides to waiver case, it will not help JN to correct his attitude and his psychological issues will increase in the adult prison environment.
JN required a better counseling to sort out his psychological issues such as frustration, hostile, and angry towards girls. Suppose if these problems are solved, he will become a good citizen. Considering his age and the above points J can decide to treat JN in juvenile court.
However, this kind of benefit will not be offered again, if JN commits the crime again. Hence, J should inform to JN, that this is a better chance for him. If he commits further crime, it will directly move on to the adult court and he will be sentenced by the prison.

Question 3

Should status offenders be treated by the juvenile court? Explain. Should they be placed in confinement for such acts as running away or cutting school? Why or why not?

Answer 3

Juvenile court:
A court's jurisdiction defined by law as juveniles, status offenders, or alleged to be delinquent deals with the juvenile court. The court handles independently to the criminal violations of the children who fall under the age group of 16 years. It also cares for dependents, neglected, and wayward youths.
Those who are involved in serious offences such as murder and rape, is not handled by "juvenile justice system." That kind of violence is automatically included in the adults' violence.
Status offenders:
A juvenile is involved behavior or activity of children or minors that is prohibited by legal law is termed as status offenders. The following are the examples of status offenders:
Determine if the "status offenders" should be treated by juvenile court:
The serious offences should be treated by the juvenile court. Most of the status offences are not treated as serious offences. However, it leads to serious offences in future. Hence, the status offenders must be treated by juvenile court.
Determine if the status offenders should be placed in confinement:
It is not necessary for the detention of action of status offenders such as cutting school and running away. The psychological treatment and behavioral change technique is required to solve this kind of issues. Confinement for this kind of action directed to increase the child's temper and psychology. The detention is not a proper way to solve this kind of problem.

Question 4

Is Waiver Effective?
In all the debate surrounding transfers of juvenile offenders to adult or criminal court, one of the most important issues is whether transfers are effective in reducing crime rates. Are juvenile offenders who are transferred to and convicted in adult court less likely to recidivate than similar youths who are convicted in juvenile court? To answer this questions, the Task Force on Community Preventive Services, an independent group that receives support from the US Department of Health and Human Services and the Centers for Disease Control and Prevention, conducted the first comprehensive, methodologically rigorous systematic review of studies measuring the effects of transfer laws and policies on crime rates. Not one of the studies found that transfers produced lower violent crime rates. In fact, four of the studies found a harmful effect- that is, juveniles transferred to adult court had higher violent rearrest rates than their counterparts who were retained in juvenile court. For these four studies, rearrest rates for the transferred juveniles were between 27 and 77 percent higher than rates for the nontransferred juveniles.
The authors of the review reported that these studies found harmful effects for total crime rates as well. On the matter of a general deterrent effect of transfers, less could be said. The task force concluded that there was insufficient evidence at present to make a determination on the effectiveness of transfer laws and policies in reducing juvenile violence generally. Based on the overall findings, the task force concluded that transferring juvenile offenders to the adult system is "counterproductive for the purpose of reducing juvenile delinquency and enhancing public safety." The task force did not go so far as to recommend that states repeal their transfer laws and discontinue the practice of transfers altogether, possibly because of the inconsistent results found for general deterrent effects.
CRITICAL THINKING
Why is the evidence equivocal about the effectiveness of juvenile waivers?

Question 5

Should a juvenile ever be waived to adult court with the possible risk that the child will be incarcerated with adult felons? Why or why not?

Question 6

Do you support the death penalty for children? Explain.

Question 7

Should juveniles be given mandatory incarceration sentences for serious crimes, as adults are? Explain.

Question 8

Is it fair to deny juveniles a jury trial? Why or why not?

Question 9

Do you think the trend toward treating juveniles like adult offenders is desirable? Explain.