The Problems with the Juvenile Waiver Process
Corey L. Bulger
Capella University
Table of contents
Abstract p.3
Introduction p.4
Trends and Literature Review p.6
Systems and Theory Evaluation p.11
Conclusion and Recommendations p.14
Reference List p.19
Abstract
In the past 25 years juvenile crime has been increasing, which has increased juvenile wavier process throughout the United States. This essay will use the Kent vs. United States as the case study to examine the waiver process in the juvenile justice system, and how transferring juvenile offenders to the adult court system cause more harm to the juvenile offenders. There are many conditions that have occurred over the last 15 years, which made many states through out the country change laws to increase the waiver process. The essay will explore the current juvenile waiver process, and what happens to the juvenile offenders once they are sent to adult prison. Finally, the essay will present the type of programs that are working to rehabilitate juvenile offenders and decrease the recidivism cycle for juvenile offenders.
Introduction Many families are having very difficult time finding full time employment, affordable housing, and decent schools for their children to attend. Many households only have one parent providing for their families. Some parents have to work two jobs just to make enough funds to provide for their family. Therefore, children in many neighborhoods are not supervised because their parents may be working long hours, using drugs, or have mental health issues. Unsupervised youth and teenage usually leads to juvenile crime. There are many conditions that could cause a youth to commit crimes in their communities. This easy will discuss the different theories of juvenile delinquency. Violent crimes committed by juvenile offenders have caused a major change with the prosecution of juvenile offenders. “Between 1987 and 1994 the rate of arrest for violent crimes by juveniles in this country rose by 70 percent. The increase was led by juvenile arrests for murder, which doubled for the mid 1980s to the early 1990’s.” (Schindler and Arditti, 2001). The focus of this easy will be on the Kent vs. United States decision, because the Kent decision provided juvenile justices courts with standards for waiving juvenile offenders to adult criminal courts. The research will show a paradigm shift occurred in the early 1990’s which made the juvenile courts change the statutes to avoid the conditions issued by the Supreme Courts decision for Kent vs. United States. Forty-eight states changed their laws to make waving juvenile offenders easier and faster, and developed the concept of punitive justice for violent juvenile offenders. Many juvenile offenders are sent to adult jail or prison across the country; due to the fact, they were waived to adult criminal court. Sending juvenile offenders to adult prisons has negative consequences on young offenders; first, a high percentage will be assaulted physically, or sexually, and many youth will develop mental health issues such as, depression. Once a juvenile offender is released from adult prison what will their condition when they return back to the community? And will there be any resources available to assist the juvenile offenders obtain employment or learn a trade? These are the issues that will have to be researched to continue the rehabilitation process for juvenile offenders returning to the community. Finally, the essay will focus on what is working to rehabilitate juvenile offenders. More effective prevention and intervention programs with mental health services, and local school and parent participation can decrease recidivism. The Child Save Movement occurred in 19 century
