Criminal justice theory and policy

¶ … Juvenile Delinquency in Courts

Addressing Juvenile Delinquency

Juvenile delinquency is a current issue trending in the American Society, especially due to its impact on the social environment. A close examination depicts the changing role that the youth and children have taken up in the American Society. From previous research, courts have been on the verge of dealing with juvenile related cases, owing to certain domains responsible to the increased rates of juvenile delinquency. Such domain continues tagging along societal problem to social institutions such as schools, the neighborhood, and families related to the juveniles. In response to this social problem, a juvenile justice system featuring juvenile courts has been established to provide judicial methods, relations and facilities to the juveniles convicted. However, juvenile judicial proceedings are in dilemmatic positions in regards to the principle of parenspatriae. The latter enables juvenile court actions to act in lieu of parents and guardians unwilling to provide appropriate child guidance. This principle is relevant in deciding the bid of juvenile courts' retainment in the American system of justice.

Juvenile courts are an arm of the government that assists in the management of justice; hence they ought to be paternalistic. A child being caught up in criminal activities at a tender age depicts the failure of a parent to nurture and instill discipline to a child. Young juveniles are sometimes neglected or spoilt by the parents or guardians, and hence their involvement in criminal activities. In such instances, the society, and in this case, the government assumes the parental role of minding a child's welfare. This is in accordance with the right of children in the event that his or her welfare is threatened (Roberts, 2004). It is through this notion that rehabilitative aspects of flexibility, guardianship and protections are administered to a juvenile, which are more vital in developing a child to a credible adult for posterity purposes.

In conducting judicial proceedings, the American juvenile courts offer jurisdictions based in the intention of educating errant juveniles and negligent parents and guardians. The American society advocates for moral discipline, and therefore, is obligated to protect all children (Siegel and Welsh, 2011). In being paternalistic, juvenile courts are free to take in social and psychological valuations by providing informal proceedings that are not conceded as a requirement in the law. Just as parents care for their children, juvenile courts are justified by the constitution to save children from other vicious offenses such as truancy, disobedience, and contact with criminals. Therefore, American juvenile courts ought to be paternalistic and apply accordingly the principle of parens patriae.

According to the cases tackled in the juvenile courts, it is coherent to admit that juvenile courts are effective in reducing juvenile crime. Since changes were made to the legislation process after the introduction of juvenile courts, states through juvenile courts have tried to diminish juvenile criminal activity. In addition, these juvenile courts and judicial systems are unique, presumably accorded by philosophical notion, legislation and implemented policies of judicial agencies. The mannerisms of how juvenile justice acts on cases depict responsibility through authority jurisdictions, sentencing provided to the convicted and the corrections. As a new development in the judicial systems, juvenile systems' structure effectively focuses on delinquency relatively to status of the offenders.