This is particularly important when making decisions about court processes and sentencing practices in the juvenile court. The ability of youth to recognize that sanctions will drastically increase in the adult system is ample reason to justify the use of punishment in the juvenile system.
Under a model that focuses on punishment, sentencing will need to be harsh enough to deter the youth from continued behavior but not so harsh that it increases the likelihood of future acts. If juvenile detention centers and community-based programs emphasize human assets and place stigma on those who commit crimes a decrease in recidivism may occur (Levitt, 1998). Sentencing considerations will now shift to an offense-based system, one in which the nature of the act rather than the youth himself become the basis for determination of appropriate consequences (Ash, 2006).
Intervention in crimes will need to be consistent in arrest, the court process, corrections, probation, and community oriented programs if a focus on punishment is really going to deter youth from committing additional acts of violence. Law enforcement personnel will need to enforce laws consistently and equally rather than relying on personal discretion when making arrests. At times law enforcement officials will attempt to give youth additional chances before referring them to the court system but this will only increase the likelihood that their behaviors will escalate as they view their actions free of consequences. This is also true for probation officers who will need to effectively implement regulations regarding what constitutes a violation and under what circumstances this violation should result in incarceration.
Community oriented intervention programs will need to reevaluate their approach to dealing with youth who commit crimes. The current focus of community interventions has been to look at youth offenses through the lens of a social problem that can be rectified through community based interventions (Chamberlin, 2001). This model loses sight of the need for punishment and causes problems for youth who eventually transition into a punitive adult system (Chamberlin, 2001). Current community based approaches only widen the disparity between the juvenile and adult systems. Additionally, these programs do very little to dissuade youth from reoffending or from offending in the first place (Chamberlin, 2001). In order to truly be effective, these programs would need to not only target re-offenders but all youth who have committed crimes. Historically, these programs have been situated in low-income areas with the belief that these youth do not have access to other resources, but it does not effectively provide services to those who do not live in these disadvantaged communities.
There are several arguments against the use of punishment when dealing with juvenile offenders starting with the increased costs associated with incarceration in correctional facilities, as well as the lack of evidence supporting the effectiveness of punitive strategies in preventing future crimes (Ash, 2006). There is also evidence to suggest that harsher punishments may in fact increase the likelihood of recidivism and the severity of crimes (Ash, 2006). There have also been several arguments about the immaturity of adolescents in relation to their ability to make sound decisions about committing crimes (Ash, 2006). The belief is that due to the reduced decision making capabilities of youth their culpability is severely reduced and sentences should reflect their true abilities. However, it is also true that if youth are determined to have the same decision making capabilities as adults then they should be subject to the same punishments as their adult counterparts. When looking at it from this perspective one must contemplate that if the punishment must fit the maturation and developmental stage of the youth then it may need to be coupled with therapeutic or alternative intervention...
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