Juvenile Justice System Analysis

It is common knowledge that the children of the United States will depict the future of the nation. To help facilitate this transition, there are a number of constructive programs, opportunities, and institutions designed for children so that they may succeed in the future. Unfortunately, there also exists an avenue that is much less beneficial for the youth of the United States: the juvenile justice system. Weeping in the Playtime of Others, an exposé written in 1976 by Kenneth Wooden, uncovered the corruption within juvenile justice along with its damaging effects on children. At the time that this book was written, juvenile offenders were often denied due process rights and often did not have any legal representation (Wooden 1976). Since …show more content…
Policies were paternalistic in nature and the focus was on rehabilitation for juvenile offenders rather than punishment (National Conference of State Legislatures 2011). As mentioned, Weeping in the Playtime of Others addresses the deprivation of due process to juveniles in the United States forty years ago (Wooden 1976). In the 1970s, it was found that 60 percent of children incarcerated in the Texas corrections system had absolutely no legal representation at the time of their incarceration (Wooden 1976:5). The juvenile justice system’s approach toward children with intellectual disabilities is vividly portrayed by the Bartley v. Haverford State Hospital case in Pennsylvania where two typically developing children were incarcerated in a state mental hospital without a hearing. An additional example includes a case where two children were deemed ‘retarded’ by state officials without proper evidence and, without a proper legal hearing, these children were seized from their home and incarcerated (Wooden 1976:71). Since the release of Weeping in the Playtime of Others in the 1970s, the process by which children are maneuvered through the juvenile justice system has changed drastically. Today, juveniles have due process rights similar to that of adult offenders, which includes the right to be competent to stand trial and the right to counsel. However, in today’s society the Supreme Court …show more content…
Unfortunately, the juvenile justice system in the United States is exceedingly capable of infringing upon this. While vast improvements have been made within this system, there remains several continuities with the system described in Weeping in the Playtime of Others. For one, juveniles with intellectual disabilities are still overrepresented in the population of incarcerated juveniles. In addition, despite an increased awareness of the importance of education and supports among juveniles with intellectual disabilities, there remains a lack of delivery of such services within correctional facilities. Lastly, the recidivism rate is still substantially high. Along with continuities between today’s juvenile justice system and the one described by Wooden forty years ago, there are also discontinuities. First, the view that individuals with intellectual disabilities should be institutionalized because they cannot contribute to society has shifted dramatically. Today, community living is considered optimal for people with intellectual disabilities and it is acknowledged that they can contribute to society and live meaningful lives with the proper supports. Second, substantive due process rights are now allotted to juvenile offenders whereas they were not before. The United States juvenile justice system is flawed and is still in

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