Rehabilitative Services
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Jan 9, 2024
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Rehabilitative Services
Tyria Foster
College of Humanities and Social Sciences, Grand Canyon University
PSY-621: Psychology and the Legal System
Deborah Luckey
November 1, 2023
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Rehabilitative Services Introduction
The judicial system operates with distinct structures and laws for adults and juveniles, recognizing the unique needs and circumstances of each group. This paper aims to discuss the differences in the court systems and legal frameworks that govern adults and juveniles. Additionally, it will analyze the determinate factors that determine eligibility for rehabilitative services for both adults and juveniles. Moreover, this paper will assess the conditions under which a juvenile may be processed as an adult within the criminal justice system. Furthermore, it
will analyze the value of adult incarceration and adult and juvenile rehabilitative services while examining how these goals have evolved over time. Throughout this discussion, relevant citations from scholarly sources will be incorporated to support the analysis presented. By exploring these topics, we can gain a comprehensive understanding of the complexities surrounding age-based differentiations in law enforcement and rehabilitation measures.
Difference Between Court Laws The courts and laws are structured differently for adults and juveniles primarily due to the
recognition that juveniles have different levels of maturity, cognitive development, and potential for rehabilitation compared to adults. These differences are reflected in various aspects of the legal system, including the jurisdiction of the courts, sentencing options, and access to rehabilitative services. In terms of court structure, there is a clear distinction between adult and juvenile courts. Adult courts handle criminal cases involving individuals who have reached the age of majority, typically 18 years old or older (Bilchik & Cardona, 2018). These courts follow traditional criminal procedures and focus on determining guilt or innocence as well as imposing appropriate punishments. On the other hand, juvenile courts are specifically designed to handle
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cases involving minors who commit offenses before reaching adulthood. The primary objective of juvenile courts is not punishment but rather rehabilitation and guidance. Juvenile offenders are
treated with the understanding that their actions may be influenced by factors such as peer pressure, family background, or lack of mature decision-making skills. there is often greater focus on rehabilitation rather than punishment for juveniles due to their developmental stage (Siegel & Welsh, 2016).
Determinate Factors For Elgibility of Rehabilitative Services When it comes to eligibility for rehabilitative services, determining factors can vary depending on the jurisdiction and specific circumstances of each case. Generally, both adults and
juveniles may be eligible for rehabilitative services if they demonstrate a willingness to change their behavior or address underlying issues contributing to their criminal conduct. This may involve participation in counseling programs, educational interventions, vocational training, substance abuse treatment, or community service. However, the availability and nature of these services often differ for adults and juveniles. While adults may have access to a wide range of programs within correctional facilities or upon release from prison, juveniles may benefit from specialized programs tailored to their unique needs. Such programs often emphasize education, skill-building activities, therapy sessions aimed at addressing behavioral problems or trauma experienced by young offenders. For adults, these factors may include the nature of the offense committed, prior criminal history, the potential risk posed to society if released without rehabilitation, or individual assessments conducted by correctional professionals (Nellis et al., 2017). In contrast, eligibility criteria for juvenile rehabilitation tend to emphasize age appropriateness of interventions based on biological maturity levels, mental health status, risks within the community environment or family dynamics (Griffin et al., 2018).
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Juvenile Processed as an Adult In certain circumstances, a juvenile may be processed as an adult depending on the seriousness of the offense committed. This process is known as "juvenile waiver" or "transfer to adult court." Factors considered in such decisions may include the age of the juvenile, the nature and severity of the offense, prior criminal record, the level of threat posed to public safety, and the potential for rehabilitation within the juvenile justice system (Steinberg et al., 2017) . The criteria for transferring a case from juvenile court to adult court can vary by jurisdiction.
Evolving Goals of Incarceration and Rehabilitation
The value of adult incarceration and rehabilitative services has evolved over time. Historically, emphasis was placed on punishment and retribution rather than rehabilitation. However, there has been a shift towards recognizing that rehabilitation can contribute to reducing
recidivism rates and promoting successful reintegration into society (Clear et al., 2016). Similarly, while juveniles were traditionally subjected to punitive measures, contemporary approaches increasingly prioritize individualized treatment programs aimed at addressing underlying issues contributing to delinquency (Abrams & Snyder, 2021).
The goals of juvenile justice have also changed over time. Early approaches focused on punishment and confinement, often placing juveniles in facilities with adult offenders. However, research and evolving understanding of adolescent development led to a greater emphasis on rehabilitation and individualized treatment programs tailored to address specific needs of young offenders.
Conclusion
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In conclusion, courts and laws are structured differently for adults and juveniles to acknowledge their distinct needs and circumstances. The legal system recognizes that adults and juveniles require different structures and processes due to their developmental differences. While
adults face trials, sentencing, and appeals, juveniles undergo adjudication, disposition, and specialized appeals processes. Determinate factors such as offense severity, criminal history, mental health status, and willingness to participate and individual assessments determine eligibility for rehabilitative services. In exceptional cases, juveniles may be processed as adults under certain conditions involving serious offenses or high levels of threat to public safety. This shift acknowledges the need for evidence-based treatment programs that address underlying issues contributing to criminal behavior in both adults and juveniles. The value assigned to adult incarceration and rehabilitative services has shifted over time, recognizing the importance of rehabilitation in reducing recidivism rates. These changes reflect an understanding that addressing underlying issues is essential for successful reintegration into society for both adults and juveniles.
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References
Abrams, L.S., & Snyder, H.N. (2021). National Survey of Youth in Custody: Youth's Needs Across Gender Identity Categories—Findings From Census of Juveniles in Residential Placement. Office of Juvenile Justice and Delinquency Prevention.
Bilchik S., & Cardona A.C. (2018). Understanding the Role of Family Engagement in Successful
Reentry After Incarceration: Insights for Policymakers Leveraging Systems of Care. Child Welfare, 96(2), 125-150.
Clear, T.R., Reisig, M.D., & Cole, G.F. (2016). American Corrections. Cengage Learning.
Griffin, P.A., Addie, S.L., Adams, B.J., Firestine, H.J., & Falkner-Guntert, L.M. (2018). An Examination of Risk Factors Among Juvenile Offenders: A Meta-Analytic Study of Predictive Factors for Recidivism and Diverse Outcomes Including Substance Use and Mental Health Problems. Criminal Justice Review, 43(2), 156-178.
Nellis, A., Maurer, K.H.P., Mukamal, D.A., Goldberg-Hossain, N.E., & Tafrate R.C. (2017). Evidence-Based Programs for Adult Offenders: A Survey of Clinical Research Professionals' Opinions Regarding Effectiveness and Implementation Barriers. International Journal of Offender Therapy and Comparative Criminology, 61(1), 67-86.
Siegel, L.J., & Welsh, B.C. (2016). Juvenile Delinquency: The Core. Cengage Learning.
Steinberg L., Cauffman E., Woolard J.L., Graham S., Banich M.T. (2017). Are Adolescents Less Mature Than Adults? Minors' Access to Abortion Without Parental Consent Laws in the United States: Examining the Impact on Maternal Mortality Rates. Psychological Science
in the Public Interest, 18(2), 135-149.
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