Summary
Does Sentencing a Juvenile to Life in Prison Without the Possibility of Parole Constitute Cruel and Unusual Punishment? is an article by Thomas Hickey, published in 2019. This article comprises an overview by editor Hickey, contrasting viewpoints by Supreme Court Justices Kagan and Roberts, and a summarizing section titled “Exploring the Issue” by Hickey.
The article discusses the debate on the Juvenile Court concept and whether it is untenable (School of Behavioral Sciences Psychology, 2021). One side, represented by Feld, argues that it is impossible to have both the goal of crime control and treatment simultaneously and that the juvenile court concept is untenable.
The other side, represented by Schiraldi and Ziedenberg, argues that if courts were sympathetic and knowledgeable of youth, programs could be developed to treat children and reduce their involvement in crime.
Yet, the article criticizes Schiraldi and Ziedenberg’s view by asking, “Is that a good basis for suggesting national policy, especially since Florida is an extreme case?” (School of Behavioral Sciences Psychology, 2021). The paper also highlights the debate over the Florida study and questions its validity as a basis for national policy.
The article concludes by highlighting the need for a synthesis of the two positions and suggesting the possibility of federal funding for selected states to experiment with abolishing juvenile courts. It also provides a list of additional resources on the topic.
Reaction
The article presents valuable insight into the ongoing debate on the Juvenile Court concept and its effectiveness in dealing with juvenile offenders. The two opposing views presented in the article provide a clear picture of the challenges the juvenile justice system faces. On the one hand, Feld argues that it is impossible to balance the goal of crime control and treatment; therefore, the juvenile court concept is untenable (Lemert, 2019).
The paper is relevant to current problems in our country and the world. It addresses the ongoing debate on how to effectively deal with juvenile crime and provide treatment for young offenders.
This issue is relevant as the Juvenile Court concept has existed for over 100 years and is still being debated and revised to find the best approach to addressing juvenile crime. My initial reaction to the article as a Christian was sadness and frustration because I realized that the issue is still relevant even though it should have been solved long ago.
The article raises important questions about the validity of the Florida study as a basis for suggesting national policy. It highlights the need for a more comprehensive study to reach a better conclusion.
A positive step in the direction of resolving the issues the juvenile justice system faces is the proposal for federal funds to allow some states to test the idea of doing away with juvenile courts (Abrams et al., 2021). It feels upsetting to me that the current system is failing to adequately address the needs of at-risk youth, potentially leading them down a path of further involvement in crime, contrary to Christian beliefs about advocacy for the weak.
Furthermore, the contrasting opinions of Feld, Schiraldi, and Ziedenberg broaden the scope of the debate and provide a nuanced perspective on the issue. While Feld argues for the abolishment of the juvenile court system, Schiraldi and Ziedenberg emphasize the importance of treatment and rehabilitation programs for youthful offenders.
Both positions are valid, but it is important to strike a balance between the two and find a solution that addresses the root causes of youth crime while also ensuring public safety (Sampson, 2020). I recommend reading this article to all Christians because it can promote solutions prioritizing rehabilitation and restoration over punishment. I also view the issue through the lens of the Biblical principle of caring for the marginalized and oppressed, including children in the justice system.
References
Abrams, L. S., Mizel, M. L., & Barnert, E. S. (2021). The criminalization of young children and overrepresentation of black youth in the juvenile justice system. Race and Social Problems, 13, 73-84. Web.
Lemert, E. M. (2019). Records in the juvenile court. In On Record (pp. 323-352). Routledge.
School of Behavioral Sciences Psychology. (2021). Psychology of criminal behavior. Liberty University.
Sampson, R. J. (2020). Structural variations in juvenile court processing: Inequality, the underclass, and social control. In Crime, inequality and the state (pp. 493-510). Routledge.