What Should be Done to Youth Offenders Essay Example | Topics and Well Written Essays - 1500 words

What Should be Done to Youth Offenders - Essay Example The core motivating principle of the juvenile system is rehabilitation. This is because juveniles are not fully mentally or physically developed; they cannot be accountable for their actions in the same way as adults. Additionally, many juvenile offenders come from broken homes or bad neighborhoods and many have been abused. They need a second chance because many have not received even a first chance. Additionally, rehabilitation is by far the best option for them because of the way they would almost certainly be exploited and turned into hardened criminals if sent to prison. This paper will provide further background to the issue of rehabilitating juvenile offenders, and strongly argue that it is the right approach. The justice system fulfills an important symbolic function by establishing standards of conduct. It formally defines right and wrong for citizens and frees them from the responsibility of taking vengeance, thus preventing the escalation of feuds within communities. The system protects the rights of free citizens by honoring the principle that individual freedom should not be denied without good reason. Rehabilitation has as its objective the return of offenders to the community as cured and viable members of society. The rehabilitation efforts of the 1980s and 1990s were to a large extent unsuccessful. No program appeared to be any more effective in changing criminals than any other program, so a sizable portion of the people released from prison continued to return (Murphy 49). This led many to conclude that the best, and possibly only, alternative was simply to remove offenders from the community, precluding any further vexation and exploitation by them. Since criminals are thought to be more likely to commit crimes than those never convicted of a criminal act, it follows that some benefits will be derived from incarcerating convicted criminals. Incapacitation has the greatest potential as a method of crime control if it is a few hardened criminals who commit most crimes. If they can be identified, convicted, and incarcerated for long periods, a significant reduction in crime would be realized. Most advocates of punitive reform have this perspective on the criminal population. Blame for the majority of crimes committed is placed on a relatively few compulsive, predatory individuals thought to commit hundreds if not thousands of crimes each year (Newburn 54). The final goal behind the punitive reform movement is the reestablishment of retribution. Of all penal goals, retribution is the most moralistic. It contains an element of revenge because the victim deserves to be repaid with pain for the harm suffered. Justice is achieved when the punishment given the of fender is equivalent to the harm accruing from the criminal act. Consequently, a social balance or equity is reestablished and maintained within society. But the rules are to some extent thrown out the window when it comes to juvenile offenders. These individuals are categorized differently and there is a separate legal system for them. By the federal standards, any juvenile under the age of 18 who committed a crime is a juvenile delinquent. This is a decision we have taken as a society. We believe that there are serious and important differences between adults and juveniles, and that a one-size fits all approach is not desirable and will not make the situation better. Juveniles are more malleable and easy to influence. It is largely believed that the criminal actions of juveniles might be influenced by such external forces as parental neglect, inappropriate living conditions or relations inside the family. Because of these facts, rehabilitation is an attractive option in dealing with