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JUVENILE JUSTICE SYSTEM.
  Term Paper ID:22797
Essay Subject:
Examines failure of punishment-based system & alternative approaches, focusing on community-based controls, truancy citations, role of schools.... More...
6 Pages / 1350 Words
7 sources, 13 Citations, MLA Format
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Paper Abstract:
Examines failure of punishment-based system & alternative approaches, focusing on community-based controls, truancy citations, role of schools.

Paper Introduction:
The American system of juvenile corrections has numerous failures and few successes, and it is a system in crisis as the inner cities produce more and more street gangs, violence, and troubled youth. There are many reasons for the increase in these problems, and the programs developed to cope with them have not kept pace with the rate of change and have not served well to control juveniles or to address their problems. Yet, new programs are suggested all the time, showing that there is a realization of the need and an attempt to come to terms with it. The system is seen as overburdened and as facing new levels of violence in the streets so that the sorts of crimes with which the system must cope are more serious than in earlier periods. The system, which has been based on a rehabilitation model, has also been seen as ineffective, and new approaches have been

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Los Angeles Board of Education President, MarkSlavkin, spoke in support of L.A.'s new truancy ordinance: There's a high correlation between truancy and daytime crime affecting shopkeepers and homeowners, like graffiti. "Council Approves Fines, Driver's License Seizure as Truancy Penalties." The Los Angeles Times (May 1 , 1995), B1, B3.Chu, Henry. One approach to controlling youth has been to imposegreater restrictions on truancy as a way of keeping young people in schooland out of trouble, as in an ordinance passed by the Los Angeles CityCouncil in May of 1995. and 1:3 p.m. juvenile correctional systemand finds a movement toward deinstitutionalization, accompanied bylegislation addressing the development of community-based corrections.Curran finds that there has been increased funding to allow for thetreatment of many nondelinquent juveniles outside the formal justice systemin private agencies, but existing public institutional facilities have alsobeen maintained. It also allowed the school district time toinform students and parents of the new law. We need to send a strong and united message (Chu, "Council Approves" B3).The new ordinance puts truancy into the hands of police who are nowempowered to cite any youth under the age of 18 who is found loiteringbetween 8:3 p.m. There are many problems with the juvenile justice system that areconstantly in debate by both politicians and the populace. Rehabilitation hadbeen a strong objective in juvenile justice even after it had becomediscredited for adult offenders, with the idea being that rehabilitationshould be possible for young offenders before they become too hardened.Much of this intention has withered away to be replaced more and more bymandated prison sentences and an emphasis on punishment. The policeinsist they take care not to overstep their bounds (Kopytoff B11). As early as 1978, publicdissatisfaction had caused all fifty states and the federal government toenact statutes under which juveniles could be tried in adult courts, buteven this has not worked as intended: "The very mandated sentences that aresupposed to make life harder for criminals make it much more difficult toprosecute a youngster" (Bennett 68). Works CitedBennett, Georgette. To that extent, it's a very real law enforcement issue. Most ofthe year-round schools are in the poorer neighborhoods and if the law wentinto effect during the summer when school was only in session in thoseneighborhoods it would appear that these groups were being unfairlytargeted (Chu, "Enforcement of Truancy Law Delayed" B3). "Enforcement of Truancy Law Delayed." Los Angeles Times (June 2 , 1995), B3.Curran, Daniel J., "Destructuring, Privatization, and the Promise of Juvenile Diversion: Compromising Community-based Corrections," Crime and Delinquency (October 1988), pp. New York: Anchor Books, 1989.Chu, Henry. 363-378.Gardner, Martin R., "Punitive Juvenile Justice: Some Observations on a Recent Trend," International Journal of Law and Psychiatry (1987), pp. Los Angeles schools employ there ownpolice force but it is used primarily for on campus law enforcement. The police believe the new law helps boost attendance to agreat degree, but this will not be confirmed until truancy statistics arecompiled at the end of the school year (Rainey and Respers B3). Though some have called forthe abolition of the substitute parent juvenile justice system, Gardnerargues that the punitive model need not result in such an abolition or inthe reincorporation of the juvenile justice system into the adult system(Gardner 129-151). The student must appearwith a parent or guardian before a traffic court judge, who could impose aup to a $5 fine or sentence the youth to community service. While the juvenile population under direct governmentalsupervision has declined significantly since 197 , the total number ofyouthful offenders held in custody has changed little (Curran 363-378).Curran believes that this dual system does not bode well for the protectionof the rights of juvenile offenders, and there are also uncertainties interms of security for the public in the face of privately operateddiversionary programs. The system, which has been based on a rehabilitationmodel, has also been seen as ineffective, and new approaches have beensuggested in legislation. Multi-track schedules area method used in crowded schools where up to one third of their studentpopulation is on vacation at a time and not during the traditional summerbreak (Chu, "Council Approves" B1). The Monrovia law was the first such effort to control truancy in thisfashion and served as the inspiration for the Los Angeles ordinance. Curran examines the trends in the U.S. Thesebodies cannot change the entire juvenile justice system, which is oftengoverned more by state laws, but they can change the way laws are written,enforced, and thus the message sent to young people. With thespecter of violent crime being committed by younger and younger children,such as the recent California case of a six year old beating an infant tonear death, there is a growing debate on the age of true responsibilitywhen a youthful offender should be treated as an adult or held culpable forhis or her crime. "Where Truancy is Punished by Law." New York Times (May 1 , 1995), B11.Rainey, James and Lisa Respers. While some police officials felt itwould be easy enough to check on school records, Detective Dick Heidesch,juvenile coordinator with the Los Angeles Police Department's NewtonDivision, stated, I have great reservations about how long it's going to take to find out if the kid is on or off track at school. The American Civil Liberties Union has expresseddoubts about these laws and maintain that by going to such lengths toquestion youths, the police might be compromising the right of law-abidingcitizens to walk on public streets without being harassed. One additional problem in enforcing this measure in Los Angeles isthe presence of year-round multi-track schools. "L.A. It also lessened some of thepossible public pressure on the police department in dealing with thedelicate issue of unfair targeting of minority and poor students. Other cities have adopted a similar ordinance with mixed results. Yet, newprograms are suggested all the time, showing that there is a realization ofthe need and an attempt to come to terms with it. It was opposed only by Councilwoman Rita Walters, who stated, I'm very uncomfortable about this. So it's not a matter of turf. The new lawwould start being enforced slightly after beginning of the new school term,and this would allow the police time to adopt uniform enforcementprocedures across the city. Gardner discusses a recent trend in the emergence of the punitivesanction in juvenile justice systems, a sanction that gives a greateremphasis on personal responsibility and less on external forces on theoffender, such as poverty or family breakdown. I don't like the idea of making it criminal for young people to be on the streets (Chu, "Council Approves" B1).While the measure passed on a 12-1 vote, concern was raised that themeasure might unfairly effect minority students in poor neighborhoods, andafter debate, the measure (City Ordinance 17 523) was amended to allowtruant students 6 days to shape up and stay in school to avoid paying thefine or doing the community work. on school days. There are manyreasons for the increase in these problems, and the programs developed tocope with them have not kept pace with the rate of change and have notserved well to control juveniles or to address their problems. Bennett notes that one of the consequences of increasing teenagecrime and drug use has been a new intolerance expressed in the juvenilejustice system through programs emphasizing punishment. 129-151.Kopytoff, Verne G. The policeconduct periodic sweeps. The American system of juvenile corrections has numerous failures andfew successes, and it is a system in crisis as the inner cities producemore and more street gangs, violence, and troubled youth. Innearby Monrovia, for instance, 8 students have been cited since Fall 1994and have been subjected to finds of $135 and up and ordered to perform, 27hours of community service, such as shelving library books and paintingover graffiti. It's been our experience in the past that it takes a long time to get that information (Rainey and Respers B3).However, he was still appreciative of an effort to deal more strictly withyoung people, since his division monitors 25 schools in South Central LosAngeles. Truancy Law Upsets Stgudents, Pleases Officials." The Los Angeles Times (May 11, 1995), B1, B3.----------------------- 8 The measure was written by Los Angeles City Councilwoman Laura Chick. The system is seen asoverburdened and as facing new levels of violence in the streets so thatthe sorts of crimes with which the system must cope are more serious thanin earlier periods. When multipletruancy infraction appeared on a student's driving record their driver'slicense would be suspended (Chu, "Council Approves" B1). Thepolice look for truants in the usual local hangouts for teenagers, such asthe local hamburger stand, a convenience store, and so on. Crimewarps. Thisnew ordinance would enable a much larger group--the Los Angeles PoliceDepartment--to have responsibility over truants (Rainey and Respers B1). By 1983, 48states and the District of Columbia had taken away much of the discretionof judges in setting sentences (Bennett 68). The perception that the juvenile justice system is in crisis has ledto efforts such as this on the part of local governing bodies. After passing the ordinance in May, it was agreed among the CityCouncil, the Police Department, and the Los Angeles Unified School Districtto wait until October 1, 1995 to implement the new city law.

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