Juvenile Justice on Delinquency
Summary
One of the controversial concepts concerning juveniles enshrines the determination of the justice system among the counterparts. Different institutions play dynamic roles towards promoting distributive social justice system. The vital factor of consideration in restoring order is the distinctive approach to render the desired disciplining among the youths in the social spectrum. The American government showed its commitment in promoting juvenile justice through the incorporation of institutions advocating for juvenile justice. Therefore, the administration implemented the Juvenile Justice and Delinquency Prevention’s (OJJDP’s) Formula Grants Program. The four vital requirements of the Act enshrine deinstitutionalizing state offenders, separation of adults and juveniles in jails, addressing the discordant minority presence in prisons, and optimal jettison of juniors from adult penitentiary settings (Office of Juvenile Justice and Delinquency Prevention, 2021). Morally upright and ethically-bound character optimally relies on coordinating relevant stakeholders to promote justice to the youths and teenagers while alleviating delinquency.
The main debate within the juvenile delinquency concept is the justification of dynamic corporal punishment among the youths. On the one hand, it is important to instill disciplinary measures to enhance good moral and ethical behavior. On the other hand, corporal punishment poses imminent health risk especially for individuals with dynamic disorders and conditions hence the lack of coherence on particular rules. Regulations are prominently subjective mainly because of the concentration on particular aims despite diversity quotient among the counterparts. In this case, the government implemented laws on juvenile sentencing and rights to steer the disciplining among the juveniles.
Juvenile Rights and Sentencing
Corporal punishment is an issue that significantly affects the change in character among the juveniles as rebels or loyalties. The controversy intensified across the American states mainly because of the dynamic impact on a child’s personality. As a result, at least nineteen American states implemented the law on allowing the disciplining of the juveniles within the learning institutions. The states encompass Florida, Kansas, Colorado, Louisiana, Alabama, Mississippi, Kentucky, Indiana, Arizona, Georgia, Missouri, and Arkansas (Heilbrun et al., 2017). Despite the legalization of the corporal punishment ideology, research establishes that a significant percentage of the children became exposed to depression and stress. The main reason for the negative impact regards the pressure to optimally perform hence the necessity to abolish the initiative as a protective mechanism to improving the health index among the counterparts.
In a different spectrum, the rights of the juveniles prominently resemble the adults’ constitutional rights. Heilbrun et al. (2017) articulates that in the case of Kent versus United States, it was evident that the juvenile was granted the rights of an adult during the proceedings. Primarily, the concept fosters the promotion of equal justice system while enhancing optimal pressure on disciplinary measures. Research by Abram et al. (2018) indicates that the juvenile further attains the right to a counsel for representation during the court proceedings. The researchers further establish that the teenager has the right of notification regarding the charges and reason for arrest to avoid harassment claims. On the one hand, the process renders distributive justice for the juveniles in the court. On the other hand, the process overrides the conceptual baseline on growth phase of the youths. While the teenager can waiver the constitutional rights, the personnel attain the capacity to take the fifth amendment. The relevant stakeholders are responsible for incorporating aspects that restructure corporal punishment by redefining youths’ behavioral patterns.
One of the vital concepts that optimally impacts the essence of disciplinary is the incorporation of the interdependent relationship. According to Heilbrun et al. (2017), it is crucial to diversify the corporal punishment to teenagers mainly because of the distinctive level of indiscipline. Although misconduct is a criminal offence, it is the responsibility of the leaders to ensure standard pressure to foster positive character change and development among the teenagers. In this case, the distinctive disposition options enshrine suspension of the judgement, probation, and house placement. Notably, Heilbrun et al. (2017) articulates that the main aims engulf fostering skill development and rehabilitation among the offenders. The core objective disciplinary to the teenagers entails the advocacy for optimal community development projects.
Although disciplining is essential, the entities face the profound solution to enhance blended sentencing. Abrams et al. (2018) depicts that there are different types of blended sentencing for the juveniles as a formative aspect promoting distributive social justice system. The different types of blended sentencing include juvenile-inclusive, juvenile-exclusive, criminal-inclusive, criminal-exclusive, and juvenile-contiguous. It is an aspect that renders apt social welfare among the counterparts while promoting community growth and development. A significant percentage of the juveniles commit offences based on the poor mentorship. Therefore, it is vital to incorporate measures that advance the involvement and relationship building among the teenagers. The core ideology enshrines enhancing learning of moral and ethical behavior among the counterparts.
Influence of Social Environmental Factors to Juvenile Delinquency
Juvenile delinquency is an issue that negatively affects community growth and development. The misconduct among teenagers impacts the coordinative efforts among community members in promoting optimal socio-cultural and economic growth index. As a result, it is crucial to establish initiatives that improv the interdependence among the community members. One of the approaches is the restructuring of the OJJP grant program. The main reason for the program entails fostering change in character with minimal stress and depressive essence among the counterparts (Office of Juvenile Justice and Delinquency Prevention, 2021). Therefore, the practice attributes to the attainment of a profound social identity. On the one hand, corporal punishment fosters profound social pressure among the juveniles causing the alienation. On the other hand, the diversification of disciplinary measures renders the individuals’ engagement in the community growth and development.
One of the significant challenges in the criminal justice system is the determination of certain sentencing for individuals. On the one hand, it is essential to incorporate measures that foster uprightness for the victims. On the other hand, there is a controversy regarding the measure of punishment for the offender. The central aspect involves approving the situations that demand death sentencing while other circumstances impose an alternative standard. Multiculturalism establishes that the primary responsibility of individuals involves upholding the dynamic and apt moral codes. Therefore, it is challenging for policing institutions, including the legal systems, to justify propositions regarding life or death for certain lawbreakers. The penalty for hanging among the guilty is an issue that fosters the deterrence of certain habits and usually in three facets, namely specific, retribution, and general. Researchers argue that the strategy’s implementation relies on the leadership’s accountability to the citizens (Sarat et al., 2017). An excellent example is that most European countries abolished the policy without concern for the public domain’s security. However, it is difficult in America to extenuate the concept while incorporating the well-being of the nationalities.
The main argument lies in the incorporation of death sentencing as a deterrent measure against certain criminal offenses. Researchers indicate no significant relationship between the two components: determent and the death penalty (Chen, 2017). Historically, the American government implemented the policy for certain felonies, such as large-scale trafficking of drugs, attempted murder of a witness, treason, murders, and espionage. However, the administrative officers lacked the necessity for the scheme and replaced the concept with life imprisonment. Killing a transgressor enhances the emergence of new players in the game due to the developed opportunity. Although the situation threatened the populace about the approach against ideological appeals, it is a condition that intensified the re-invention of strategies in lawbreaking. Therefore, death sentencing is a situation that threatens the philosophical interpretation of humanity cause of the lack of relevance to the main impact of deterrence.
In a different spectrum, institutions focus on alternatives over the permanent solution on deterring as the major solution to criminal activities. One of the aspects is the integration of philosophical approaches that optimize community engagement and rejuvenation of a problematic system (Sarat et al., 2017). In this case, it is the responsibility of the different stakeholders to integrate initiatives enhancing the participation of society in the implementation of policies fostering the rehabilitation process.
A child gets exposed to dynamic factors that foster the vulnerable nature of dependence and immoral behavioral traits. An excellent example of such a condition is drug addiction. A significant percentage of gang members use drugs and substance abuse to enhance the child’s dependence on the group’s support system. There is a substantial difference between substance-related and process addictions mainly because of the individual’s integral behavior. The process of dependence encompasses the theoretical construct of developing a therapeutic environment. The restructuring of an environment to accommodate the rehabilitation and recovery process of the addicts is a different theoretical framework from the essence of changing policies and laws (Lewis et al., 2018). On the other hand, substance-related theories entail constructs that address the use and distribution of drugs. Institutional and government policies such as the Health Acts foster the provision of care for the victims while regulating the distribution of drugs to the community. Although substance-related and process addictions theoretical frameworks enhance effective treatment procedures, the two variables develop dynamic levels of impact.
Addiction is considered a significant issue to the healthiness of an individual mainly because it influences brain performance. Substance abuse and addiction usually start as a voluntary state of taking medication, and eventually, one becomes dependent on the drug. Scientifically, it is stated that the chemical and biological composition of the drug interacts with the neurotransmitters in the brain (Jordan & Andersen, 2017). The interaction leads to the overstimulation of the brain cells, leading to an addiction level of the substance for relief. Once the chemical compounds accumulate in the brain system, they create an environment in which the neurotransmitters adapt to reduce their energy production (Jordan & Andersen, 2017). The dependence of the neurotransmitters on the chemicals as stimulants fosters addiction. Substance abuse and addiction threaten the health and well-being of the individual, family members, the community, and national growth and development.
Intentional violence is an issue that highly affects the quality of family relationships mainly because of the emotional, psychological, and physical trauma. One of the consequences of intentional violence involves the translation to domestic violence. Intimate partner violence negatively affects the health of the victims as well as the children. In this case, it is essential to establish an effective care model that fosters healing from traumatizing experiences. The care model for the victims of intimate partner violence features such ideologies as the essence of developing a peaceful and inclusive environment. According to Schipp and Augustin (2021), it is crucial to create a care model for the victims of intimate partner violence that involves the community and healthcare practitioners’ participation. Intentional violence that mainly aims to hurt a partner causes significant trauma to the victims, such as resolving substance abuse as a coping mechanism, hence developing an effective care model.
Domestic violence is an issue that profoundly influences the mental healthiness of a child. A child learns based on the exposed environmental condition. In situations where a child gets exposed to a violent environment, then, the mental healthiness gets negatively affected. According to a research study by Xu et al. (2020), the instability of a family is a factor that gets translated through the child’s behavior at an adult age. The researchers argue that the consequences of a family relation significantly influence the child’s growth and behavior. Intimate partner violence is a family relation behavior that profoundly affects the mental healthiness of a child.
Domestic violence disempowers the child the ability to view positive social relationships through harsh and conflicting family relations. Aggression is a response condition that poses as a defense for a child in adulthood. In most cases, an individual gets aggressive to show strength and not vulnerability. It is a justification that equips the person with the ability to counter attacks from other people. Witnessing intimate partner violence at childhood age translates as a weakness for the oppressed. As a result, it becomes an emblem foundation for their social relations. Ideally, aggression is a mental condition fostered by domestic violence. Further, intentional violence is a prevailing element among domestic violence victims mainly because of the influence of the social learning theory. According to Schipp and Augustin (2021), the victims seek individuals to trust and share their experiences. Therefore, incorporating a child in the model care of domestic abuse project fosters a positive impact on the mental well-being and perception about the social relationships.
Approaching a child involved in gang violence is an issue that threatens the social ideals and practices of the individual. Although gang violence is a significant societal issue, it is important to establish the core institutions that facilitate effective rehabilitation. An excellent example is dealing with a child in gang violence and suffering from drug and substance abuse. In such a case, it is essential to establish the optimal rehabilitation approach to ensure effective recovery and refrain from gang activities. One of the key educational policies that I would utilize during the rehabilitation process for a child in gang violence is human behavior and the social environment (Shenoda et al., 2018). Although the child suffers from a dysfunctional social identity, it is crucial to gear a change in the attitude against the gang violence influence.
Human behavior encompasses the mentorship towards the change in mentality and approach in handling situations. An excellent example is using moral judgment to determine the best action and response to a situation. Further, social environment development as an educational policy involves enhancing community members’ participation during the intervention process (Shenoda et al., 2018). It is an initiative that cultivates the establishment of a social environment as the foundation of changing the child’s social capital.
Different concepts, such as the importance of social construction and social learning theoretical frameworks, proved significantly useful while dealing with the client. Other societies feature different cultural values and practices. However, the global community features a common parallel transition in the growth process of childhood. This process encompasses schooling, securing a job, leaving home, and marrying. The parallel transition features a distinction across the different societies. An excellent example of the difference is the traditional African custom. The traditional African custom establishes that once a girl sexually matures, she gets married, and after birth, she fully transitions to motherhood. On the other hand, the African tradition establishes that the boy’s growth curve involves learning how to hunt and provide for the family then getting blessings from the elders to marry (Alberto & Chilton, 2019). It is paramount to understand the dynamism in the child development phases under the different ethnic backgrounds and societies.
A boy’s learning curve in the African tradition is longer mainly because of his family and breadwinner’s added responsibilities. In this case, social construction contributes to the integrity of the various concepts towards empowering and boosting childhood experiences (Ruck & Niwa, 2017). Although the African traditions fostered healthy societal growth and development, a phenomenon is in contrast to the evolutionary trend of empowering both genders. Different foundations promote social construction by implementing policies that protect a child’s rights. The United Nations Convention on the Rights of a Child stipulates that a child has the right to access a healthy childhood experience despite the country of origin.
Social construction entails a paradigm shift from one socio-cultural construct to another composed of common beliefs and practices. The contrast between the Western and African tradition social construction rendered the emergence of the UNCRC that mediates both ideologies. The UNCRC establishes the foundation of the social construction of childhood through different articles that stipulate a child’s rights. Alberto and Chilton (2019) postulate that childhood involves three mainframes of interdependence. One of the mainframes is the influence of the physical environment. The other element is the mainframe of innate psychological desires. The final element is the nature of relationships between the child and the environment. Over the decades, the evolutionary trend of the global society has introduced complex entities of relationship building. As a result, the establishment of social construction that states the universal standards of childhood sustainably contributes to individuals’ empowerment from childhood experiences.
Childhood politics encapsulates the declarations from the UNCRC codes that appreciate the value of societal growth and development. James and James (2017) depict that the ideal solution to childhood’s social construction is the in-depth interpretation of clauses, such as the standard transition process during childhood. In the first chapter of the UNCRC, the social policies address certain thematic constructs, namely, education, crime, family, and health. According to James and James (2017), although social policies have become the foundation of childhood politics globally, a phenomenon unifies society through child protection. The key relationship that is the foundation of the social construction is the interaction between a child and the built environment.
A sustainable built environment protects the child from immoral values and character. The composition of the built environment is the participation of the parents, guardian, government, and the local community in enhancing a positively influenced childhood experience. Ideologies that involve all stakeholders’ participation enshrine the implementation of learning and interaction programs that make up the social construct of childhood (Frazer et al., 2018). The involvement of the different institutions in social construction is a concept that sparks a debate on the level of sustainability. It is crucial to determine childhood learning standards in other institutions to avoid disparity in enforcing moral values.
Critical Reflection and Recommendation
Gang violence among children should be viewed as a health issue, and policies should be implemented to eradicate the illness. Gang violence is a health issue akin to responsive police brutality. On the one hand, the police seek to enforce the law effectively based on the violence. On the other hand, the gangs focus on utilizing violence as a retaliatory strategy against the police. In this case, the number of homicides and family violence increased in the American territories, threatening the ideal concept of social health. Frazer et al. (2018) establish that institutional policies promoting social health should address the issue of discrimination and violence from the police. Although police brutality involves disciplining violent criminals, it is an initiative that affects a significant percentage of the children involved in gang violence.
The key strategy towards cultivating a social and healthy environment entails the development of sustainable policies. An excellent example of a sustainable policy is all community members’ engagement in mentoring children from gang violence through development programs. A significant percentage of the children join gang violence mainly because of domestic violence, drug addiction, and the lack of social support system (Frazer et al., 2018). Therefore, the vulnerability and the risk of gang exposure leads to the increasing and persistent rate of gang-related violence.
In conclusion, juvenile delinquency is an issue that prominently affects the community’s growth and development. Key stakeholders are responsible for implementing policies that enhance disciplinary measures while promoting rehabilitative effect. On the one hand, corporal punishment offers the ideological solution on change of character. On the other hand, the disciplinary approach fosters unnecessary pressure among the teenagers. It is crucial to understand the social environmental variables that impact teenagers’ behavioral aspect. Gang violence among children is a multidimensional phenomenon mainly because of the interdependence between social learning and a child’s development curve. The profile of a child involved in gang violence features a dysfunctional social support system hence the resolution to join a group with a significant social identity and status in the community. The race with a higher representation in gang activities in the African American due to the naturally arrogant and negligent character towards morality and social growth. In this case, it is essential for leadership institutions to implement policies that enhance reconstruction of social and community practices influencing childhood character development.
References
Abrams, L. S., Jordan, S. P., & Montero, L. A. (2018). What is a juvenile? A cross-national comparison of youth justice systems. Youth Justice, 18(2), 111-130. Web.
Alberto, C., & Chilton, M. (2019). Transnational violence against asylum-seeking women and children: Honduras and the United States-Mexico border. Human Rights Review, 20(2), 205-227.
Chen, D. L. (2017). The deterrent effect of the death penalty? Evidence from British commutations during World War I. Evidence from British Commutations During World War I (Feb 26, 2017). Web.
Frazer, E., Mitchell Jr, R. A., Nesbitt, L. S., Williams, M., Mitchell, E. P., Williams, R. A., & Browne, D. (2018). The violence epidemic in the African American community: A call by the National Medical Association for comprehensive reform. Journal of the National Medical Association, 110(1), 4-15.
Heilbrun, K., DeMatteo, D., King, C., & Filone, S. (2017). Evaluating juvenile transfer and disposition: Law, science, and practice. Taylor & Francis.
James, A.L. and James, A. (2017). Constructing childhood: Theory, policy, and social practice. Macmillan International Higher Education.
Jordan, C. J., & Andersen, S. L. (2017). Sensitive periods of substance abuse: Early risk for the transition to dependence. Developmental Cognitive Neuroscience, 25, 29-44. Web.
Lewis, B., Hoffman, L., Garcia, C. C., & Nixon, S. J. (2018). Race and socioeconomic status in substance use progression and treatment entry. Journal of Ethnicity in Substance Abuse, 17(2), 150-166. Web.
Office of Juvenile Justice and Delinquency Prevention. (2021). State compliance with JJDP Act Core Requirements. Office of Juvenile Justice and Delinquency Prevention. Web.
Ruck, M.D. and Niwa, E.Y. (2017). The social construction of childhood: Perspectives on self, others, and society. Childhood, p.1.
Sarat, A., Kermes, R., Cambra, H., Curran, A., Kiley, M., & Pant, K. (2017). The rhetoric of abolition: continuity and change in the struggle against America’s death penalty, 1900-2010. Journal of Criminal Law & Criminology, 107, 757. Web.
Schipp, J., & Augustin, K. (2021). Intimate partner violence: A community response model. Web.
Shenoda, S., Kadir, A., Pitterman, S., & Goldhagen, J. (2018). The effects of armed conflict on children. Pediatrics, 142(6).
Xu, R., Xiong, X., Abramson, M. J., Li, S., & Guo, Y. (2020). Ambient temperature and intentional homicide: A multi-city case-crossover study in the US. Environment International, 143, 105992. Web.