Overview of Criminal Justice System
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Nov 24, 2024
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Running Head: CRIMINAL JUSTICE SYSTEM
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Overview of Criminal Justice System
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Overview of Criminal Justice System
CRIMINAL JUSTICE SYSTEM
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The criminal justice system has the primary objective of protecting and protecting people's rights and human rights enjoyment while providing consequences in society's unlawful and unacceptable behaviors. There are several components of the criminal justice system. The most common pillars include the juvenile justice system, corrections, courts, and the police. The juvenile welfare and justice system in the United States refers to a system in the justice system that provides aftercare, re-integration, rehabilitation, diversion, prevention, services, and programs to children in conflict with the law and children at risk to ensure their normal development and expected growth (Baker et al., 2020). About a hundred years ago, the juvenile justice system was separated from the criminal procedure in the United States was established to encourage rehabilitation based on the needs of the young individual and divert the youthful offenders from criminal courts' destructive punishments. The separation of the juvenile justice system was not on the act or basis of what brought the young individual to court, but to focus on them as persons in need of assistance. In addition, it was unnecessary for procedural safeguards available to adults to be directed towards adolescents or children. Such may include the right to confront one's accuser, the right to trial by the jury, the right to know the charges brought against an individual, and the right to an attorney. Over the years, the juvenile justice system has faced several tensions, both to the constitution and in its practice. Such uncertainty has been linked to the juvenile system protecting society from certain crimes, incapacitation, and punishment versus focusing on the children's best interests. The argument also depicted the uncertainty between social control and social welfare for children. Over time, the variance between this tension has significantly shifted,
from one jurisdiction to another, leading to several state legal reforms and changes to laws. In the
1980s, violent crimes increased dramatically in the U.S. In addition, the state legal reforms in
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juvenile justice systems were noted to stress concerns for public safety, accountability, and punitiveness, especially for those that deal with serious offenses (Zajac, Sheidow & Davis, 2015). In juvenile crime and punishment, a get-tough approach began to be less accepted and integrated by society, rejecting the traditional concerns of rehabilitation and diversion amongst the youth and children. Exemplified by about seventeen states in the country, the state legal reforms in juvenile justice were witnessed by the change in emphasis to punishing the act from the focus on rehabilitating the individual child. The juvenile courts redefined their purpose clause
to emphasize the offender's accountability, the certainty of sanctions, and public safety.
The juvenile justice system was previously thought to be too soft to the delinquents, who, in this case, had the potential to be of threat, just like the counterparts in adult crimes. As a result,
it was inherent for change in the juvenile justice system for several states in the U.S. Such is the case with the country having at least fifty-one different juvenile justice systems. Variations from municipality to municipality, and from county to county, within specific states, dictate different ways through which juvenile courts operate (Dowd, Ogletree Jr. & Ogletree, 2015). In addition, each state in the U.S., including the District of Colombia, has juvenile justice systems governed by each state's laws. Within its systems, the federal government has its laws that govern the juveniles, particularly in the jurisdictions such as those who commit juvenile crimes in federal properties such as in the national parks or Indian reservations. However, juvenile correction facilities and courts are governed and structured by state laws. Still, they must meet specific requirements, specifically those that receive funds under the Delinquency Prevention Act and the
federal Juvenile Justice.
Under the get-strict rubric of the juvenile justice system, the policy and legal reforms changes included opening juvenile proceedings and records, changing sentencing options, and
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moving the decision-making to the state legislature or prosecutor from the judge. In addition, it also included easing treating a juvenile committed to offenses as an adult and incorporating more
aggressive juvenile policing. Over a decade, reform efforts in the juvenile justice systems have been driven by the need to solve mutually exclusive problems to reduce costs, improve poor quality services and programs, and remediate harmful conditions of confinement (Baker et al., 2020). Such reforms have focused on developing system-wide juvenile justice collaboration and planning; improving the delivery of defense services; rather than transferring juveniles to the criminal justice system to retain them in the juvenile justice system; reducing ethnic and racial disparities; providing evidence-based, high-quality services for juveniles; reinvesting in community-based programs and closing large institutions; and improving juvenile confinement conditions. Several benefits were enhanced upon by changes in the juvenile justice system, particularly on the young victims. First, the changes brought rehabilitation efforts for the youth victims through access to education, substance addiction treatment, and psychological counseling. Second, the victims receive specialized care; for instance, young girls who are survivors of sexual abuse receive specialized treatment specifically meant for them (Zajac, Sheidow & Davis, 2015). Third, changes allowed for mental health needs, especially for victims of sexual abuse. Fourth, through the protection system, the juvenile justice system offers several services to the child victims such as screening, court hearing, out-of-home placement, familial and informal solutions to child maltreatment situations, and reunification of child victims to their
families, especially those placed in foster care programs (Dowd, Ogletree Jr. & Ogletree, 2015). Furthermore, there are also other benefits that offenders get from the changes in the juvenile justice system. Some of the critical outcomes for the changes in the juvenile justice
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reforms for the juvenile offenders include increased use of community-based alternative sanctions and reduced incarcerations, public safety of the juvenile offenders through reduced recidivism, prosocial engagement and development for the youth offenders through treatment programs, and increased participation in rehabilitation and education (National Research Council. Committee on Law Justice, 2014). In addition, another benefit to the youth is the reduction of transfer and waiver in the retention of the child to adult criminal court and reduced racial disparities through unbiased and impartial decision making. Due to the negative impacts that detention had on children and the youth, alternatives to detention programs offered from the changes in the juvenile justice system include the following factors. If needed, rapid placement of the juveniles into secure confinement, supportive community resource provisions, home and school compliance verification, contacts during the weekends and at night (Baker et al., 2020). Strict rules for curfew and compliance are also another factor. Another is intensive supervision and monitoring and case admission of secure and custody-eligible juveniles.
There are also several bad points for the juvenile justice system to victims. First, according to the juvenile reforms, victims are often required to go through many investigative interviews, medical exams, and testimonials, which can be very stressful to the child victim. Second, child victims can be significantly impacted by family disruption through the juvenile victim justice system when the police arrest the suspected parent or when the endangered child is
removed from their home (Zajac, Sheidow & Davis, 2015). Third, victims may lack some services such as systematic documentation, specifically referrals that may not be frequent in child protection services. In other cases, child victims may not get their needed assistance due to their inability to express what help they need. As a result, the child protection services under the juvenile justice system may offer inadequate help to child victims. Concurrently, some of the bad
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points for the offenders may include the termination of parental rights, where the child offender is not allowed to access or see their parents. Second, arrests for juveniles are made by the police, and the child offenders are treated equally as the adult offenders. Third, little research on juvenile
crimes exists, especially on the circumstances, percentages, and the available numbers related to such investigations. Fourth, child offenders' sentencing is no longer considered based on the child's interest but their delinquencies, which are sometimes the same thing. Most of these reformatories also have prison-like elements and can negatively affect child offenders.
Recommendations
Policymakers need to prioritize and identify the most crucial stages and transitions in the juvenile victim justice system to reduce efficacy and stress from medical examinations and child protection interviews. In addition, more efficient information exchange is necessary for the juvenile victim justice system and its components (Baker et al., 2020). Concurrently, the interrelationships among the juvenile systems need to be considered the adequate collection of comprehensive and systematic information about its operation. Finally, there is a need for system
assessment to summarize and characterize the processes of the juvenile justice system and compare and contrast key delineated dimensions and approaches.
References
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Baker, Drapela, Littlefield, Drapela, Laurie A., & Littlefield, Whitney. (2020). Law and neurodiversity : youth with autism and the juvenile justice systems in Canada and the United States. Vancouver : UBC Press.
Dowd, N. E., Ogletree Jr., C. J., & Ogletree Jr, C. (2015). A New Juvenile Justice System. New York: NYU Press.
National Research Council. Committee on Law Justice, issuing body, & ebrary, I. (2014). Implementing juvenile justice reform the federal role. Washington, D.C. : National Academies Press.
Zajac, K., Sheidow, A. J., & Davis, M. (2015). Juvenile justice, mental health, and the transition to adulthood: A review of service system involvement and unmet needs in the U.S. Children and Youth Services Review, 56, 139–148. https://doi.org/10.1016/j.childyouth.2015.07.014