In principle, the United States should follow international treaties only if it is a signatory to that specific treaty.
However, the Supreme Court of the United States cannot ignore international standards completely either. There are several reasons for this. The world is becoming more and more globalized. Large numbers of immigrants have flocked to the United States in the last several decades and likewise American military and the FBI increasingly carry out operations in the territories outside the jurisdiction of the United States. And sometimes persons who are citizens of other countries, either captured outside the U.S. Or within its territory, are tried in American courts. In these instances, it is not easy to ignore international laws and concerns.

The United States is also a signatory to numerous international treaties pertaining to the question of cruel and unusual punishment. If the United States is a signatory, then it is unconstitutional to…...

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References

Barnes, R. (2010, May 18) Supreme Court restricts life without parole for juveniles. Washington Post. Retrieved on 15 Nov., 2011, from  http://www.washingtonpost.com/wp-dyn/content/article/2010/05/17/AR2010051701355.html 

Cruel and unusual punishment, Eighth Amendment to the Constitution of the United States of America. Retrieved on 15 Nov., 2011, from  http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1 

Lane, C. (2005, March 2) 5-4 Supreme Court Abolishes Juvenile Executions. Washington post. Retrieved on 15 Nov. 2011, from  http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html 

Moll, J. (2011, Nov. 1) New polling on public views on juvenile justice issues. Retrieved on 15 Nov. 2011, from  http://www.rightoncrime.com/2011/11/new-polling-on-public-views-on-juvenile-justice-issues/

Ideally, diversion should take place at the earliest stages of juvenile justice processing, to refer a youth to essential services and avert further involvement in the system. On the other hand, diversion mechanisms can be put into place at later stages of justice processing, to avoid further penetration into the system and expensive out-of-home placements. Efforts to keep youth out of the juvenile justice system who otherwise would be processed by the courts have existed since the creation of juvenile courts. "During the 1960's, increasing levels of delinquency and crime, coupled with criticisms of the juvenile justice system, led to the development of alternatives for responding to youth outside of the traditional justice system. As such, the 1970's reflected considerable growth in diversion programs, bolstered by significant federal investments in these initiatives. ising juvenile crime rates in the 1980's and early 1990's caused the political pendulum to swing in the…...

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References

Austin, J., Johnson, K.D. & Weitzer, R. (2005). Alternatives to the Secure Detention and Confinement of Juvenile Offenders. Retrieved from  https://www.ncjrs.gov/pdffiles1/ojjdp/208804.pdf 

Diversion Programs: An Overview. (1999). Retrieved from  https://www.ncjrs.gov/html/ojjdp/9909-3/div.html 

Juvenile Diversion Guidebook. (2011). Retrieved from  http://www.modelsforchange.net/publications/301 

Promising Practices in Pretrial Diversion. (2006). Retrieved from http://www.pretrial.org/Docs/Documents/PromisingPracticeFinal.pdf

Juvenile Justice
The Juvenile Criminal Justice System

Juvenile courts and detention separate from adult courts is a relatively new concept (ABA, 2010). Before the turn of the twentieth century, the cases for individuals of all ages were managed by the same criminal and civil courts, and the same sentences were handed out to all parties. Of course, this has changed to a great extent since 1899 in the United States, but there remain those crimes for which youthful offenders, below the age of 18 are tried as adults. This paper examines how the juvenile justice system has evolved over the last 200 years, what can lead to the transfer of a juvenile case to an adult court, and what effect transfer laws have on society.

History

The system that is now in place to house young people who were convicted of some crime separately from adults began with the opening of the House of…...

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References

American Bar Association (ABA). (2010). The history of juvenile justice. Retrieved from   1.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/migrated/publiced/features/DYJpart 

Center on Juvenile and Criminal Justice (CJCJ). (2012). Juvenile justice history. Retrieved from  http://www.cjcj.org/juvenile/justice/juvenile/justice/history/0 

Cohn, J.M., & Mialon, H.M. (2010). The impact of juvenile transfer laws on juvenile crime. Retrieved from ile_Crime_Rates.pdfhttp://userwww.service.emory.edu/~hmialon/Juvenile_Transfer_Laws_and_Juven

Office of Juvenile Justice and Delinquency Programs (OJJDP). (2010). Juvenile transfer laws: An effective deterrent to delinquency? Juvenile Justice Bulletin. Retrieved fromhttps://www.ncjrs.gov/pdffiles1/ojjdp/220595.pdf

Juvenile Justice System currently faces a number of challenges in dealing with delinquency. Many of those problems are underlying problems such as mental health issues, child abuse, child neglect, lack of funding, and the disconnection between professions dealing with children, all of which contribute to delinquency. The high incidence of child abuse and child neglect, in particularly, have been directly linked to delinquency and must be sufficiently addressed. In the future, the Juvenile Justice System must deal with all the current problems and its proper responses, including a multidisciplinary approach.
Challenges Faced By The Juvenile Justice System Today

Juvenile Justice System currently faces numerous problems. One judge who speaks about the most serious problems is Judge John Phillips of Harris County, Texas. Though he serves the juvenile justice system in one geographic area, he gives insights into the problems facing the entire juvenile justice system. Today's juvenile justice system must deal with…...

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Works Cited

Dedel, K. (2010, March). Child abuse and neglect in the home. Retrieved December 9, 2013 from www.cops.usdoj.gov:  http://www.cops.usdoj.gov/files/RIC/Publications/e120924248-child-abuse.pdf 

Finkelhor, D., Turner, H., Ormrod, R., Hamby, S., & Kracke, K. (2003, October). Children's exposure to violence: A comprehensive national survey. Retrieved December 9, 2013 from www.ncjrs.gov Web site:  https://www.ncjrs.gov/pdffiles1/ojjdp/227744.pdf 

Phillips, J. (2009). Problems facing the juvenile justice system. Retrieved December 9, 2013 from www.judgejohnphillips.com Web site:  http://www.judgejohnfphillips.com/downloads/HCJMHC_Overview.pdf 

Sedlak, A.J., Mettenburg, J., Basena, M., Petta, I., McPherson, K., Green, A., & Li, S. (2010). Fourth national incidence study of child abuse and neglect (NIS-4) (2009-2010) - Report to Congress. Retrieved December 9, 2013 from www.law.harvard.edu Web site:  http://www.law.harvard.edu/programs/about/cap/cap-conferences/rd-conference/rd-conference-papers/sedlaknis.pdf

This Act was more focused on preventing juvenile delinquency and separating the juveniles from the adults in the correction facilities. It was argued that the juveniles learnt even worse crimes and became more radical criminals if detained together with the adult offenders. This was more pronounced during the 'Progressive Era' with proponents like Morrison Swift suggesting that the juvenile delinquents only benefited to learn more criminal tactics from the seasoned adult criminals and hence replicate them in the society at the end of their period. The Juvenile Justice and elinquency Prevention Act of 1974 introduced the Office of Juvenile Justice and elinquency Prevention (OJJP), the Runaway Youth Program, and the National Institute for Juvenile Justice and elinquency Prevention (NIJJP).
ue to the never ending diversity of nature of crime, in the 1980s through to mid 1990s there was a rise in juvenile crimes with the peak being 1994 after which…...

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Due to the never ending diversity of nature of crime, in the 1980s through to mid 1990s there was a rise in juvenile crimes with the peak being 1994 after which it took a nose dive. This necessitated the legislation of 'get tough on crime' measures. This was an amendment of the 1974 Juvenile Justice and Delinquency Prevention Act and it now allowed states to try juveniles as adults in cases of violent crimes and crimes involving use of weapons. In some states, there were even stipulated detention periods and standards. The prediction fronted by Potter Stewart that there would be treatment of juveniles as adult criminals came to pass then. This system no longer treated juvenile delinquents under the violent crimes as delinquents but as young criminals as rehabilitation took a back bench. It was in the same period that there was witnessed growth in juveniles who took violence as a way of life, school shootings, use of crude weapons in playing fields among other crimes (Lawyershop 2008).

This trend of transferring juvenile cases into fully fledged criminal cases has persisted to date. There has been a gradual increase in 'waiver' of cases from the juvenile courts to the state criminal courts in the recent years. Through the judicial waiver, statutory exclusion or prosecutorial discretion, the juveniles are considered 'legal adults' there are several reasons contributing to the waiver of such cases in the U.S. In the U.S. there are 36 states that have enacted legislation excluding some particular offenses from jurisdiction of juvenile courts.

Among the reasons for waiver of cases in the U.S. is the age of the offender and the seriousness of the offence or crime committed. However, there are some states where the minimum age does not apply. Majority of the cases waived to criminal courts include murder; injury directly inflicted on the victim or assault; malicious destruction of property; crimes involving disruption of public order, obstruction of justice and crime involving use of weapons; and drug offences. There are as well other minor offenses like fish and game violation that warrant waiver since they do not fall under the jurisdiction of the juvenile courts. Some courts will also offer waiver to cases of felony to repeat offender. A waiver can also be issued in some states under circumstances that the jury postulates that the offender is not susceptible to treatment. Waiving juveniles to criminal court can also be due to consideration that the involved juvenile deserves more punitive criminal court authority. It also operates on the premises that the "get tough" approach to fighting delinquency will help deter intending criminal characters. However, research has it that these more

The rest were charged only with minor offenses. The harshness of punishment in such cases appears to be disproportional to the crime. Indeed, Macallair states that the system was originally implemented to target the "worst of the worst." This does not appear to be the case in reality.
A further problem specific to Florida entails the disproportionate representation of race in cases transferred to the adult court system. According to Macallair's report, African-American youths are 2.3 times more likely than their white counterparts to be transferred to the adult court system.

A consequence of the disproportionate manner of punishment and racial representation, is the prison system and its effect on juvenile offenders. According to several reports, including those of Macallair (2000), chiraldi, and Griffin, the danger that young people face in adult prisons is more extreme than that faced by normal adults. The vulnerability of a young person often makes him…...

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Sources

Building Blocks for Youth. (2001). Fact Sheet: Florida's experience with Trying Juveniles as Adults.  http://www.buildingblocksforyouth.org/issues/transfer/facts_florida.html 

Frontline. (2000) "Does treating kids like adults make a difference?" Juvenile Justice.  http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/kidslikeadults.html 

Griffin, Patrick. Oct. 2003. "Trying and sentencing juveniles as adults: An analysis of state transfer and blended sentencing laws." Technical Assitance to the Juvenile Court: Special Project Bulletin. http://www.nicic.org/Library/019650

Jones, Greg & Connelly, Michael. 2001. "Prison vs. Alternative Sanctions: Trying to Compare Recidivism Rates." State Commission on Criminal Sentencing Policy. http://www.msccsp.org/publications/altrecid.html

Essentially, the authors focus on keeping the separate juvenile court active within the context of American states. Therefore, Scott & Steinberg (2008) are not proposing the abolition of the juvenile court entirely, like what Feld (1998) is proposing. Scott & Steinberg (2008) believe rather that the adult system would be unable to provide any additional benefits beyond what is provided through the juvenile courts. Keeping up with a separate system to handle youths ensures a greater degree of flexibility within the system. Scott & Steinberg argue that most juvenile defenders will eventually mature out of their criminal behaviors, and so long-term punishment for crimes committed before adulthood becomes impractical. This, therefore, makes the approach not too far of a cry from how things are currently done today.

A considerable portion of the public does see the need for reform. The weight on their taxes is an increasing factor in finding a…...

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References

Crippen, Gary L. (1999). The juvenile court's next century-Getting past the ill-founded talk of abolition. Journal of Constitutional Law, 2(1).

Feld, Barry C. (1998). Abolish the juvenile court: Youthfulness, criminal responsibility, and sentencing policy. The Journal of Criminal Law and Criminology, 88(1), 68-136.

Scott, E. & Steinberg, L. (2008). Rethinking Juvenile Justice. Cambridge, MA: Harvard University Press.

Criminals in the adult criminal justice system are often likely to be career criminals. Moreover, simply to survive in an adult institution, juveniles may have to adopt increasingly anti-social behavior. If the goal is to keep these children from reoffending, putting them in the same system as more experienced criminals, which does not have a deterrence effect on the adults in that system, simply seems like the wrong approach.
The fact that juveniles in the criminal justice system were more likely to reoffend than their matched controls in the juvenile justice system should change transfer policies (Bishop et al., 1996). Criminal justice officials need to understand that diversion can only be successful if the targeted individual is on a pathway to becoming a juvenile recidivist. Therefore, one must consider the individual. "Diversion programs must handle only youngsters who otherwise would enter, or penetrate further into, the justice system. We must…...

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References

Bishop, D.M., Frazier, C., Kaduce, L., & Winner, L. (1996). The transfer of juveniles to criminal court: Does it make a difference? Crime & Delinquency, 42,171-191.

Ezell, M. (1989). Juvenile arbitration: net widening and other unintended consequences.

Journal

of Research in Crime and Delinquency, 26, 358-377.

Juvenile Justice
Juvenile delinquency is the misdemeanors or the breach of law that is committed by an American or a person living in America but still under the age of 18 years old. This is the common age limit that exists across most states except in Wyoming where the age is 19 years or younger (Whitehead & Lab, 1999). It is worth noting that by 2006, there were 92,854 juvenile delinquents living in the detention centers and a significant 70% were teenagers who were between 15 years and 17 years old, a smaller 15% were 18 years and another 15% being the age of 14 years (Lesley Barker, 2011).

In order to fully comprehend the nature of the current Juvenile Justice System, it is of paramount significance to peruse through the history of the juvenile system from the early years till now. Children above five years old were taken as either small…...

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References

Katya Komisaruk, (2007). Differences Between Juvenile and Adult Court. Retrieved October 16,

2011 from http://www.lawcollective.org/article.php?id=64

John T. Whitehead and Steven P. Lab, (199). Juvenile Justice: An Introduction. 3rd Ed.

Anderson Publishing, 1999. Retrieved October 16, 2011 from  http://www.enotes.com/everyday-law-encyclopedia/juveniles

There are also theories on protective factors such as social control theory, which suggests that, absent social control force coming from the individual's bonds to community members (family, peers, school), youth will commit delinquent behavior naturally. And social capital theory argues "that the community can be strengthened by investing more in social networks, communication, and an exchange of resources" (Noyori-Corbett & Moon, 2010, p. 254). A combination and an apposite use of these theories work best in explaining the causes of juvenile delinquency.
In developing strategies for preventing and correcting delinquent behavior among the youth, it is also important to know what strategies do not work and thus should be avoided. For example, zero tolerance policies implemented in schools and by the justice system remind a martial law, which is likely to be counterproductive in dealing with adolescents. Punishment -- that is, exacting penalty for crimes committed against others --…...

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References

Bartollas, C., & Miller, S.J. (2008) Juvenile Justice in America. New Jersey: Pearson/Prentice.

Craine, J.L., Tanaka, T.A., Nishina, a., & Conger, K.J. (2009). Understanding Adolescent Delinquency: The Role of Older Siblings' Delinquency and Popularity with Peers. Merrill-Palmer Quarterly, 55(4), 436-453.

Henning, K. (2010). Denial of the Child's Right to Counsel, Voice, and Participation in Juvenile Delinquency Proceedings. Child Welfare, 89(5), 121-138.

Howell, J.C. (2009) Preventing and Reducing Juvenile Delinquency: A Comprehensive Framework. Los Angeles: Sage Publications.

Juvenile Justice System Ireland
The objective of this work is to examine the juvenile justice system in Ireland and then to compare it with the juvenile justice system of the United States. Additionally, the strengths and weaknesses of the juvenile justice system in Ireland will be examined as well as what improvements might could be made to the system, what the U.S. could learn from Ireland, and what aspects of each juvenile justice system are superior or inferior to each other.

The juvenile justice system is reported to be in a period of transition after the Children Act (1908) was replaced with the Children Act (2001) as the primary legislation that governs the juvenile justice system in the epublic of Ireland. (Seymour, n.d., paraphrased) The Children Act (2001) is reported to be representative of the first major legislative reform of the juvenile justice system in approximately one hundred years. There have been…...

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References

Bishop, D. And Decker, S. (nd) Juvenile Justice in the United States: A Review of Policies, Programs and Trends. Prepared for the European Working Group on Juvenile Justice Josine Junger-Tas, Convener. Retrieved from: www.esc-eurocrim.org/.../jjt_juvenile_justice_in_the_united_states.doc

Seymour, M. (nd) Juvenile Justice in the Republic of Ireland. Prepared for the Thematic Working Group on Juvenile Justice. European Society of Criminology Department of Social Sciences, Dublin Institute of Technology, Mountjoy Square, Retrieved from: www.esc-eurocrim.org/files/ch05.pdf

Juvenile Justice Process: A Case Study
The Juvenile Justice Process

In this text, I give a detailed description of the process a juvenile offender, Xander L., will follow from his time of arrest to eventual punishment or rehabilitation. In so doing, I will describe the key highlights of the said process including but not limited to intake and sentencing. Further, while taking into consideration the level of offense, I will also draft a letter to the judge with regard to the impending sentence. In seeking to define the above process based on the selected juvenile offender, I stand guided by the state laws and practices of the state of Florida.

It is important to note from the onset that the juvenile court procedure or process differs significantly from the adult system. Indeed, as Kupchik (2006) observes, those who established the juvenile justice system shaped it differently from the adult justice system because in…...

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References

Kupchik, A. (2006). Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Courts. New York: NYU Press.

The Florida Department of Juvenile Justice (2012). Juvenile Justice Process. Retrieved from:  http://www.djj.state.fl.us/youth-families/juvenile-justice-process

hat treatment strategies appear to be promising in meeting the varied needs of youth with addictions, mental health issues or a history of abuse? Compare and contrast treatment programs developed for these groups of offenders. Identify the role of parents, schools, juvenile courts, and specific service providers in cross-disciplinary treatment of these multi-problem youth.

For many years, researchers, clinicians, and juvenile justice program administrators have known that there is a link between drug use and juvenile crime. In many communities around the country the majority of juveniles that get into trouble are drug users. Other research has indicated that juvenile drug use plays a major role in recurring, chronic, and violent delinquency behaviors. Juvenile drug use is also related to poor health, weakening family relationships, declining school performance, and other social and psychological problems (Vanderaal, McBride, Terry-McElrath, and VanBuren, 2001).

Developing treatment programs is a complex process because it involves covering the…...

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Works Cited

Healy, Kerry Murphy. 1999. U.S. Department of Justice. 30 March 2009

"Juvenile Justice Case Management Services JJCM and PA-JJCM" 2008. Council on Accreditation. 30 March 2009

VanderWaal, Curtis J., McBride, Duane C., Terry-McElrath, Yovonne M., VanBuren, Holly.

The state was not as the enemy but as a protector, as the ultimate guardian. There was a feeling that parents were either unwilling or unable to guide children towards good citizenship and thus intervention of public authorities was necessary (Mack, 1909).
Today the philosophy surrounding juvenile court is still a one of protector. Things are done with the best interest of the child in mind. The idea is to figure out what it is that the child needs in order for them to become productive citizens and try to provide them with that. Key questions and concerns

When looking at some of the questions and concerns that the authors have in regards to the formation of juvenile court one can see that the main concerns in the founding of the had to do with the drive to bring undesirable behavior under control (Platt, 1969) and to prevent children from reaching…...

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References

Caldwell, R.G. (1961). The Juvenile court: its development and some major problems. The Journal of Criminal Law & Criminology 51: 493-511

Fox, S. (1996). The early history of the court. The Future of Children 6: 29-39.

Knoll, C., & Sickmund, M. (2010). Delinquency Cases in Juvenile Court, 2007.

Washington, D.C.: Office of Juvenile Justice and Delinquency Prevention

Juvenile Justice Culp/Comp
In general the definition of culpability refers to the concept of the individuals' ultimate responsibility for his or her actions, while competency refers to the individuals learned ability to behave appropriately, i.e. In a way that is acceptable to his or her society and within the law. Competency in a legal sense is also thought of as the individuals understanding through learning and maturity the difference between choices he or she makes, i.e. right or wrong, criminal or non-criminal. "Competency, & #8230; is the ability to understand basic court procedure, to understand the charge and the ability to assist your attorney in your defense." (Carol, 2009) Juvenile justice has since its inception almost unfailingly affirmed that children before a certain age are neither fully culpable for their actions nor fully competent to either make right or wrong choices or even defend themselves from accusation.

Challenges have been brought to…...

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Resources

Carol, L. (Oct. 23, 2009). Old enough to know better: Issue of juvenile offender competency and culpability. Michigan Lawyers Weekly.

Myers, W. (2006). ROPER V. SIMMONS: THE COLLISION OF NATIONAL CONSENSUS AND PROPORTIONALITY REVIEW. Journal Of Criminal Law & Criminology, 96(3), 947-994.

Tanenhaus, D.S. (2004) Juvenile Justice in the Making. New York: Oxford University Press.

Trauma refers to any deeply distressing or disturbing event.  Trauma takes many shapes, from intentional abuse to unavoidable traumas like the death of a loved one.  Trauma can have long-lasting effects including impacts on both physical health and mental health.  Because of the differences in personality acquisition and perceived and real differences in helplessness and power, one might anticipate that trauma would impact children differently than it impacts young people. 

For example, children who experience trauma are more likely to experience learning problems.  Kids experiencing trauma may have lower grades and behavior problems in....

Impact and Consequences of Child Abuse

The Long-Term Psychological Effects of Physical, Sexual, and Emotional Abuse on Child Development
The Socioeconomic Consequences of Child Abuse: Impacts on Education, Employment, and Income
Exploring the Intergenerational Transmission of Child Abuse: Breaking the Cycle of Violence
The Role of Adverse Childhood Experiences (ACEs) in Childhood and Adult Health: A Comprehensive Analysis
Ethical Considerations in Child Abuse Research: Balancing the Need for Knowledge with Protecting Victims

Prevention and Intervention Strategies

Identifying and Addressing Risk Factors for Child Abuse: A Community-Based Approach
The Effectiveness of Home Visitation Programs in Preventing and Reducing Child Abuse
Multidisciplinary Collaboration....

1. The Disproportionate Impact of Poverty on Access to Justice

Explore the systemic barriers faced by low-income individuals in accessing legal services, including lack of financial resources, limited awareness of legal rights, and discrimination.
Examine the role of poverty in perpetuating legal inequality and fostering a cycle of disadvantage.

2. The Intersecting Effects of Race, Class, and Gender on Legal Outcomes

Analyze the complex interplay between social class, race, and gender, and its impact on access to justice for marginalized communities.
Discuss how these intersecting identities can exacerbate legal barriers and shape courtroom experiences.

3. The Role of Legal Aid in Mitigating....

Juvenile delinquency is a prevalent issue in society, with many young individuals becoming involved in criminal activities at an early age. In response to this problem, the Juvenile Act was established to address the unique needs and circumstances of juvenile offenders. This essay will explore the history and purpose of the Juvenile Act, as well as its impact on the juvenile justice system. Additionally, it will examine the effectiveness of the Juvenile Act in rehabilitating young offenders and preventing recidivism. By understanding the principles and provisions of the Juvenile Act, we can better comprehend its significance in promoting juvenile justice....