History of Juvenile Justice System Court and Corrections

History Of Juvenile Justice System, Court and Corrections

History of Juvenile Justice System, Court, and Corrections

What would happen to him if he committed the crime of breaking and entering with the aggravating circumstances of assault during the colonial period? Explain in detail.

In the colonial era, individuals involved in burglary related crimes were given many different punishments from what they are given now. From crimes of breaking, Jim would have been given much harsher punishments. Most laws developed during the colonial period were strictly based on religion. Anybody acting against God wishes will be punished severely (Pollock, 2011).

List the punishments and the reasons for why they are given.

During the colonial period, any one who committed the crime of breaking would be tortured and then executed. Gallows and drowning pits were used for both major and petty criminals. Suspects who failed to admit the charges suffered pressing: here huge weights were put on the offender's chest. The offender was mistreated until he confessed or died. Those who did not confess were executed in public as a way of teaching people that law breaking led to serious consequences (Matthews & May, 2007).

List any theories that may be relevant to the topic.

Deterrence: this is a form of utilitarian theory, which argues that punishment given to a criminal is only justified if it reduces crime. Punishment should be proportional to the offense committed. This means that punishment should be given accordingly in order to satisfy the goal of preventing a crime. This theory considers that punishment can be in the form of specific or general deterrence. In the case of general deterrence, law enforcers impose punishment in order to deter the entire community from engaging in criminal activities in the future. On the other hand, specific deterrence involves punishing an individual in order to prevent him form engaging in criminal acts. In addition, it involves reinforcing the criminal on the impacts of future crimes (McGarrell, 2008).

Rehabilitation: rehabilitation is another form of utilitarian theory. Some of the rehabilitative punishments given to offenders include drug addiction therapy, psychiatric acre and vocational or academic training.

Retributivism: under this theory, a criminal is punished because he or she deserves it. This theory does not seek to deter individuals or protect the society. This theory aims at making the criminal suffer as a way of paying for his or her crimes. Punishment is assigned on a proportional basis. In this regard, high degree crimes are given harsh punishments than less crime.

Denunciation: this theory argues that punishing criminals is away of expressing how the society condemns a crime. This theory is desirable because it informs the people that the society perceives to be of improper conduct. It channels the anger of the society away from personal vengeance and maintains social cohesion in the community (Martin, 2005).

What would happen to him if he committed the same crime in the 21st century? Explain in detail.

In the 21st Century, breaking has been defined as a felony. This is regarded as a felony of second degree and by doing so; Jim attempted and committed a felony. He would be sentenced for felony with up to 20-year in prison and a fine of $10,000 (Martin, 2005).

Explain the procedure of the criminal justice system during both periods of time.

In the colonial period, criminal justice procedures did not respond to the needs of the community as well as the offender. The system failed to prioritize on the offender and community's future improvement. The system focused on exclusively punishing and processing the offenders. They did not embrace the professional capacity to embrace the community as well as the victim of crime as associates in the delivery of justice. Offenders were rarely challenged or confronted with the impacts of their criminal and anti-social behavior. On the contrary, in the 21st Century, while dealing with criminals, law enforcers issue Miranda and warnings to suspects before they can interrogate them. Moreover, police officers carry out warrantless searches on suspects if they hold that the searches are likely to lead to evidence of a law violation and crime (Matthews & May, 2007).

Will diversion be relevant during both periods of time? Will there be preventive options during both periods of time?

Criminal and mental health lawyers (CMHL) are a set of different defense lawyers. They do not seek a repeat business because they want offenders to rehabilitate so that they do not re-offend. Offenders who have mental and cognitive health impairments are often represented through out the criminal justice system. There is an increasing rate of mental impairments among individuals in the criminal justice system. Many youth offenders in detention centers for juveniles have been diagnosed with many mental disorders. This has not spared adults in prisons. Further, there is a high rate of repeat offenders with mental ill health among prisoners. Section 32 of the mental health Act provides diversionary schemes in most Australian jurisdictions. Such schemes include the statutory scheme. When such schemes are linked with the criminal justice system, they can enhance change (McGarrell, 2008).

Part 2: How would the psychological theory explain Jim's behavior? Explain.

Psychological theories claim that Jim's criminal behavior is a result of negative childhood experiences and low self-esteem. This theory argues that Jim's mindset has been compelled and forced to commit criminal acts. People such as Jim desire to destroy and hate the community and the world that they represent. Further, it states that Jim's behaviour would be because of severe dysfunctional relationship with his parents. According to this theory, Jim is rebellious against his family and has a desire to pursue his damaged self-esteem (Matthews & May, 2007).

How would the sociological theory explain Jim's behavior? Explain.

Sociological theories claim that Jim's crime is a response to economical and political conditions. This is because Jim has been breaking different premises in different states. This theory contends that Jim was forced to do so because of harsh economic conditions that are brought about by unequal distribution of wealth. This theory views Jim's behavior as the lowest class of rebellion (McGarrell, 2008).