Kistler Week 5 Final Paper

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1 Punishment Vs. Rehabilitation in Juveniles: What is the Answer? Melissa Kistler The University of Arizona Global Campus Course Code: CRJ 301 Juvenile Justice Instructor Dr. E 11/03/2023

2 Punishment Vs. Rehabilitation in Juveniles: What is the Answer? When a juvenile is convicted of a crime, the best sentencing option must be the one that best ensures they do not continue to commit crimes. There are many ways to do this. The judge could order the juvenile to be detained in a juvenile detention center, incarcerated in an adult prison, placed on probation, or ordered to do community service. When people discuss the juvenile justice system, everyone has an opinion as to whether the juvenile should be punished, rehabilitated, or maybe a combination of both punishment and treatment. Which of these will ensure the juvenile does not offend again and that they have a fair chance of becoming a productive member of society? This paper will discuss the early juvenile system, how it transitioned from treatment to punishment and the effects of treatment and punishment when it comes to reoffending. It will also address the programs and research showing a difference in brain development of juveniles and adults. How children who commit crimes are treated has changed many times over the years. The Stubborn Child Act of 1646 allowed for capital punishment of a son who disobeyed his father. That law was eventually changed to include daughters and remove the death penalty. In the 1800s, there was no juvenile justice system. Juvenile offenders attended the same court as adults and received the same punishment. According to Elliott, (2017), “the first juvenile justice system began in Illinois and was known as the Illinois Act of 1899” (p. 42). The new court system treated criminal and behavioral problems in children ages 10-16. Every state now has a system in place that handles adolescent offenders. Over the year, there have been several changes in the system. One significant change is the state now has the say if the juvenile is tried as an

3 adult in adult court, the types of sentencing a juvenile can receive and a reduction in the amount of confidentiality a juvenile receives during the court trial (Chamberlin, 2001). When the system started it was based on treatment and rehabilitation utilizing diversion, restitution, and probation. In the 1980s and 1990s the juvenile crime rate was rising, and society began fearing the Super Predators. Lawmakers began passing laws to make the system more punitive. While the system says they still believe in rehabilitation, they come up with harsher punishments that resemble those of adults for younger offenders and stigmatize youth with criminal labels (Chamberlin, 2001). There were others who wanted the youth system to be shut down and start a unified system (Chamberlin, 2001). The ones pushing for reform were either unaware of or did not consider juvenile brain development. Juveniles lack maturity, impulse control and do not understand consequences or reasoning. Juveniles committing crimes under the new system had a greater chance of being incarcerated as a youth and being later transferred into the adult criminal system. They face harder punishment and later face higher recidivism rates due to being charged in the adult court compared to those charged in juvenile court. These punitive judgements and exposure to more criminal influences within the adult system have failed to stop juvenile crime or to reduce recidivism. According to Bulman, (2014),” transferred juveniles were 34 percent more likely to be arrested for violent or other crimes than those who stayed in the juvenile system” (p.2). Another change is that most states now consider a juvenile as anyone who is under the age of 18, but some states allow a person to remain in the system until 21 years of age. The juvenile crime rate has dropped since the 1990s, but there are still harsh penalties for youth. The community lawmakers and advocates for human rights are the reasons for the changes in the juvenile justice system. They had made the system one that chose to lead with rehabilitation restoration and left punishment as a last resort. According to Mears, et al. (2015) “a

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4 balanced approach emphasizes punishment and rehabilitation as important sanctioning approaches for redirecting misguided youth away from crime” (p. 462). Advocates have now started to focus on community-based resources such as counseling and mental health after increased research on the cognitive and behavioral development of juvenile offenders as well as those who re-offend. According to Rojek, et al. (1980), “current juvenile justice reform measures are collaborative of decriminalization” (p.242). The programs used will enhance the positive development of youth. According to Clark, P.M (2011), “cognitive behavioral therapy (CBT) reduces recidivism among both juvenile and adult offenders” (p.62). The outcome of such programs has shown that they prevent the onset of adult criminality and reduce their chances of becoming offenders later in life. Rehabilitation programs based on a developmental approach have shown a 72 percent increase in crime for ages 10-17 (Bonnie et al., 2013). Research shows that juveniles arrested for any crime, including non-violent crimes, are more likely to continue to commit crimes. This number will go even higher when the juvenile has been detained in an institution that resembles an adult prison and uses solitary confinement. This will also increase the chances that the juvenile will attempt to self-harm, attempt suicide, and treat developmental and behavioral problems. According to Mears et al. (2015), “juveniles can be rehabilitated, young offenders are willing to work to change or reform, and that juvenile deserves rehabilitation or treatment” (p. 461). The programs that are used for this reform vary. One successful program is the Juvenile Drug Treatment Court (JDTC). According to the Juvenile Justice and Delinquency Prevention (OJJDP), “JDTC is a specialized court for youth with substance abuse or co-occurring disorders who come into contact with the juvenile justice system” (para. 1). JDTC has new guidelines that now provide juvenile courts with evidence- based treatment. It includes family engagement and

5 addresses substance use as well as the mental health disorders that usually co-exist with crime and drug use. According to OJJDP (2023), “the main objective of the drug court program is to “focus the JDTC philosophy and practice in effectively addressing substance use and criminogenic needs to decrease future offending and substance use and to increase positive outcomes (Objectives). This is a proven program that is used throughout every juvenile justice system. When these juveniles receive adult punishments, this hurts the rehabilitation the juvenile justice system was intended for, especially when the brain of a child is not fully developed, and they struggle with knowing about consequences. A juvenile’s brain does not fully develop until age 25. Due to peer influence, adolescents are impulsive, risk-takers, and very responsive to rewards. They do not fully understand the consequences and are emotional and aggressive (Baumhauerite et al., 2018). Children are very impressionable and learn by watching the people who raise them or that they are close to. When a juvenile has been exposed to violence, sexual abuse, or a witness to violence or drug abuse, they have a higher chance of committing criminal acts. According to Chamberlin (2001), “statistics on incarcerated juveniles show the majority of violent offenders have been a witness to physical violence or have been a victim to it” (p. 407). When a juvenile has a role model or parent with a criminal history or an influence in the community, it significantly negatively

6 impacts the juvenile. When there is a large amount of gang activity in the neighborhood, in areas with high crime rates or high drug use, juveniles are more likely to engage in the same criminal activities. Children take many paths that can lead them to criminal activity. The most vital factors are the influences of adults, social factors, and community factors. Children are not born criminals; behaviors are learned through the people they interact with the most and the experiences they have been exposed to. According to Finkelhour et al. (2009), “children who are exposed to violence are more likely to engage in criminal behavior, drug use, violence, suffer from mental disorders, for example, anxiety, depression, or post-traumatic stress disorder (PTSD) and to drop out of school” (p,3). Juveniles of African American or Latino descent are already in the juvenile justice system, and those living in poverty or communities with a higher crime rate are at the greatest of learning and living a life of crime. In 1997, African American juveniles aged 10-17 represented 15 percent of the population in the United States. They also made-up 26 percent of juvenile arrests, 30 percent of the referrals to the juvenile justice court system, 46 percent of the cases were sent to adult court, and 40 percent were held in a long-term institution (Bonnie et al., 2013). When youth are placed in a juvenile detention facility as a first option, this act often leads to failure by the juvenile justice system. According to Chamberlin (2001), “aggressive rehabilitative efforts tailored to the juvenile should be used before placing them in detention (p. 407). These rehabilitative services offer a more balanced approach in a community, not a jail cell. Children develop differently than adults; therefore, they must be treated within the juvenile justice system. When one compares incarceration with rehabilitation, one will see that it is less effective in reducing recidivism rates and does not benefit society in the long run. Children are

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7 vulnerable to their environment and are less responsible for their actions due to the development of the brain. The juvenile justice system has changed how juveniles are treated and punished throughout its history. Research shows that treatment is the best way to prevent recidivism. Crime policies that favor rehabilitation combined with the research that shows that developmental and environmental influences that affect juvenile crime are needed to make sure that there is a balanced juvenile system. This paper has discussed the history of the juvenile justice system, how it transitioned from treatment to punishment, and how the brain develops differently in juveniles than adults. Society needs to stop demanding punishment for juveniles who make bad decisions, have harmful behaviors, or are influenced by their environment, even though research has proven these are beyond crime. Juvenile delinquency is a problem that requires help from the community and the support of the government. To fix this problem, we must develop a treatment for rehabilitation and resources for justice.

8 References Baumheur, J. & Benedick, E, (2018) Cruel and unusual punishment in juvenile sentencing Journal of the American Academy of Psychiatry and the Law Online 46 (6) 543-546 https://doi.org/10.29158/JAAPL.3797L.5-18 Bonnie, R.J. Johnson, R.L. Chamers, B.M. Schuck, J.A. (2013) Reforming juvenile justice: A developmental approach National Research Council 1-463 https://napnationalacademies.org/download/14655 Bulman. P. (2014) Young offenders: What happens and what should happen? US Department of Justice, Office of Justice Programs https://www.ncrjs.gov/pdffiles1/nij/242653.pdf Chamberlin, C. (2001) Not kids anymore: A need for punishment and deterrence in the juvenile. justice system Boston College Law Review 42 (2) 391-419 https://bclawreview.edu/articles/1176 Elliott, D. (2017) The prevention of crime [Electronic Version] John Wiley & Sons Inc https://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=7104133 Juvenile Law Center (2023) Youth in the justice system: An overview https://jlc.org/youth-justice-system-overview

9 Mears, D. Pickett, J & Manicini, M. (2015) Support for balanced juvenile justice assessing views about youth rehabilitation and punishment Journal of Quantitative Criminology 31 (3) 459-479 https://doi-org/10.1007/S10940-04-9234-5 Office of Juvenile Justice and Delinquency Prevention (OJJDP) (2023) Juvenile drug treatment guidelines https://ojjdp.gov/programs/juvenile-drug-treatment-court-guidelines Race Crime and Juvenile Justice: The Issue or Racial Disparity (2001) National Research Council and Institute of Medicine Juvenile Crime, Juvenile Justice Washington DC https://www.nap.edu/read/9747/chapter/8 Rojok, D. Erikson, M. (1981) Reforming the juvenile justice system: The diversion of status. offenders Law and Society Review 16 (2) 241-264 Doi: 10.2307/3053359 Romer, D. (2010) Adolescent risk taking, impulsivity and brain development: implications for prevention Developmental Psychobiology 52 (3) 263-276 https://doi.org/10.1002/dev.20442

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Kistler Week 5 Final Paper

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