Juvenile Law and Juvenile Sentencing Case Study

Exclusively available on IvyPanda® Available only on IvyPanda®

The juvenile law poses a proficient impact to the culprits’ cause of the trickle-down effect of the essence of social justice. In the case study, the major controversy is the determination of the ruling as an adult or an underage citizen. According to the defendant’s lawyer, the poor mental condition attributed to the erratic behavior hence the significance of justifying the lack of criminal responsibility. However, the victim’s lawyer and the government psychiatrist articulate that there is a lack of relation between the effect of cognitive condition and the behavioral response. Overruling the defendant’s argument concerning the unstable psychological state is based on the calmness of the accused after the crime while attesting to the crime. Juvenile courts face the barrier of establishing the interdependent relationship between the importance of judging a teenager as a child or an adult.

Punishment among law offenders is an issue that faces dynamic controversies due to the subjective interpretation of the moral and legal clauses. Over the decades, imprisonment played a vital role in enclosing criminals in secluded areas and persists in the mandate despite imminent problems, such as overcrowding, corruption, and juvenile sentencing. Researchers indicate that overcrowding in jails proficiently includes African Americans, hence assessing the core factor attributing to the increased population of felonious individuals (Labrecque et al., 2021). The sole purpose of the penitentiary enshrines offering the person an opportunity to rethink and change the behavior for better and harmonious living among people.

Over the decades, the major controversy lies in the debate about corporal punishment among juveniles. At least nineteen American states allow the practice to enhance the disciplining of the children during the learning process. These regions mainly include Alabama, Louisiana, Arizona, Indiana, Missouri, Georgia, Arkansas, Kansas, Florida, Colorado, Idaho, Kentucky, and Mississippi (Heilbrun et al., 2017). The issue poses a legal challenge based on the child’s exposure to unhealthy growth and development due to the inflicted stress and depression. Therefore, abolishing the mainframe entails the protection of the juvenile against the profound threat of mental pressure.

Juveniles can waive their constitutional rights in the same way as adults. Different statutory laws protect teenagers during the waive process. One of the laws is the right to the limited essence of due process. It is evident from the Kent versus the United States case that the individual was granted the submission and treatment as an adult’s criminal case (Heilbrun et al., 2017). It is a phenomenon that renders the child an opportunity in court to defend their actions. Another construct is the right to counsel that enhances the representation and the chance for winning the case through the presented factual line (Abram et al., 2018). It is important to consider the right to confront the witnesses to assert the events that led to the crime the youth is accused of. The person also enjoys the right to notify charges during the arrest to ascertain the justification for detention and harassment. Although a juvenile can waiver the rights, the individual has the right against exposing the self to a particular criminal act.

The blended sentencing refers to the merging of both juvenile and adult punishments hence boosting the level of disciplining and character change. The teenager is served the juvenile sentencing first, and the lack of compliance renders the determination of adult sentencing. The different types of blended sentencing include juvenile-inclusive, juvenile-exclusive, criminal-inclusive, criminal-exclusive, and juvenile-contiguous (Abrams et al., 2018). The determination of punishment for the adolescent relies on the type of court. In the case that the individual gets arraigned in juvenile court, the person receives the juvenile sentencing and receives the adult sentencing once presented in an adult court. Another factor that determines the category for adaptation is the punishment options for the individual. In this case, there is a profound disparity in the determination of the ruling for blended sentencing aiming to ensure the social welfare of the accused.

The predisposition report is a construct with profound details of the historical behavior of a juvenile. Human behavior and character highly influence the nature of relations and engagements. Therefore, it is crucial to derive the documentation as an approach to justify the acts of an individual under different circumstances and empower employers with insight regarding the trends of conduct. The disciplining platforms significantly impact the change in a person’s habits at younger years through dynamic insights (Heilbrun et al., 2017). These insights include rehabilitation, skill development, and focusing on the crucial treatment strategies. Apart from the self-development goals, the procedures render a proficient baseline and justification of the public safety and implementation of a program fostering the integration to the community developmental projects.

One of the significant challenges in the criminal justice system is the determination of certain sentencing for individuals. On the one hand, it is essential to incorporate measures that foster uprightness for the victims. On the other hand, there is a controversy regarding the measure of punishment for the offender. The central aspect involves approving the situations that demand death sentencing while other circumstances impose an alternative standard. Multiculturalism establishes that the primary responsibility of individuals involves upholding the dynamic and apt moral codes. Therefore, it is challenging for policing institutions, including the legal systems, to justify propositions regarding life or death for certain lawbreakers. The penalty for hanging among the guilty is an issue that fosters the deterrence of certain habits and usually in three facets, namely specific, retribution, and general. Researchers argue that the implementation of the strategy relies on the accountability of the leadership to the citizens (Sarat et al., 2017). An excellent example is that most European countries abolished the policy without concern for the public domain’s security. However, it is difficult in America to extenuate the concept while incorporating the well-being of the nationalities.

The main argument lies in the incorporation of death sentencing as a deterrent measure against certain criminal offenses. Researchers indicate no significant relationship between the two components, that is, determent and the death penalty (Chen, 2017). Historically, the American government implemented the policy for certain felonies, such as large-scale trafficking of drugs, attempted murder of a witness, treason, murders, and espionage. However, the administrative officers lacked the necessity for the scheme and replaced the concept with life imprisonment. Killing a transgressor enhances the emergence of new players in the game due to the developed opportunity. Although the situation threatened the populace about the approach against ideological appeals, it is a condition that intensified the re-invention of strategies in lawbreaking. Therefore, death sentencing is a situation that threatens the philosophical interpretation of humanity cause of the lack of relevance to the main impact of deterrence.

In a different spectrum, institutions focus on alternatives over the permanent solution on deterring as the major solution to criminal activities. One of the aspects is the integration of philosophical approaches that optimize community engagement and rejuvenation of a problematic system (Sarat et al., 2017). In this case, it is the responsibility of the different stakeholders to integrate initiatives enhancing the participation of society in the implementation of policies fostering the rehabilitation process.

Public opinion plays a crucial role in the implementation process of a policy due to the necessity to address divergent viewpoints. Strategies that aim at improving the growth and development of a region rely on the ability of the individuals’ endorsement. An excellent example of an approach is incorporating a community-based intervention enhancing the rehabilitation of criminal offenders (Midgley, 2019). It is an initiative that requires coordination among all stakeholders to boost the performance outlier. On the one hand, guidelines establish the marginal expectation from particular interdependent theoretical frameworks. On the other hand, the mainframe is a reflection of the optimal contribution by all parties. According to Midgley (2019), the development of participatory asset mapping requires the optimal engagement of different people within a region to enhance the collection of crucial information. The mapping process reflects the profound impact on the establishment of action plans boosting the quality of service. Sustainable growth and development depend on integrating certain initiatives that enhance the relationship building among dynamic participants while elevating the impact of social equity.

Proficiency in social work is a multidimensional phenomenon that requires acquiring advanced knowledge and skills during the interaction. The expertise enshrines such facets as communication, cultural competence, organization, critical thinking, active listening, and advocacy. Primarily, it is crucial for the personnel to establish relations with the community members to enhance the gathering of vital details regarding the welfare and the challenges affecting the growth and development (Midgley, 2019). Different ethnic groups foster different customs and norms, hence establishing a functional framework enhancing the recognition and appreciation of dynamic perspectives. Diversity is a platform that ensures sharing of information and strategies regarding equity and effectiveness in service delivery through the programs.

Social learning renders the emergence of a dynamic overview of mental healthiness. In most cases, children get cognitively altered to function under antisocial behavioral prospects through the theorem. Although it is an independent form of empowerment, poor parenting fosters cognitive structures’ negative development. Individuals further appreciate negative actions at puberty and adulthood without the stress of punishment. In other cases, a person realizes the consequence of witnessing intimate partner violence as a foundation of poor social relations (Wagner et al., 2019). As a result, these victims seek treatment in the form of punishments. An excellent example is a survivor who realizes the negative impact on society and commits crimes that justify the necessary discipline. This form of psychological illness increases the victim’s physical health, mainly because of hostile ideologies.

Domestic violence’s dynamic impact plays a vital role in promoting the evolution of the model of care. Van Den Bos et al. (2017) depict that the evolving models of care for intentional violence victims encompass community programs on drug abuse and addictions. The model fosters the development of a therapeutic environment for the mental healthiness of the victims. There is a significant relationship between abusers and the prevailing high rate of aggression. Different factors contribute to the victim’s resolution to fierceness in the household. The four main characteristics among delirious people comprise physical, psychological, sexual, and financial problems due to the overutilization of particular drugs such as cocaine, heroin, cocaine, and methamphetamine. The overdose of drugs plays a crucial role in the behavior of an individual mainly because of the addiction problem, thus the interdependent relationship with the characteristics of an abuser in domestic violence. Wagner et al. (2019) establish that domestic violence causes physical and mental harm among the victims and the entire family. The interdependence between drug dependence and brutality behavior fosters the increasing rate of the cases.

Human beings are social, and the capital affects the growth and development of an individual. On the one hand, domestic violence risks exposing a child to learning the negative moral values in resolving issues and disputes. On the other hand, the intentional aggression towards people renders the realization of the importance of rehabilitative behavior. The theory contributes to the understanding of the influential aspect of therapeutic environment. It is important that families focus on the implementation of initiatives the enhance the effective ideologies in problem-solving (Patra et al., 2018). Apart from the mainframe from the social learning concept, it is the responsibility of the community to establish institutions to boost the health and rehabilitative surrounding for addicts. Addiction negatively influences networking among persons due to the reliance on adequate financing for drugs. In this case, it is essential to incorporate metaparadigm treatment to elevate the quality of living and connectivity.

Conclusively, juvenile sentencing is an issue that involves the intersectionality of dynamic perspectives regarding mental and cognitive health index. The case study offers a proficient insight concerning the profound interdependence between teenagers’ behavioral response and the mentorship essence hence its significance in the court. In my opinion, the prosecuted should be charged as an adult due to the ability of adept decision-making. It is crucial to establish the inherent value of morality and virtuous acts despite the mental condition. The argument lies in the ability to assert social justice by ruling for the victim to enhance character development and change for the law offender.

References

Abrams, L. S., Jordan, S. P., & Montero, L. A. (2018). What is a juvenile? A cross-national comparison of youth justice systems. Youth Justice, 18(2), 111-130.

Chen, D. L. (2017). Evidence from British Commutations During World War I (2017).

Heilbrun, K., DeMatteo, D., King, C., & Filone, S. (2017). . Taylor & Francis.

Labrecque, R. M., Tostlebe, J. J., Useem, B., & Pyrooz, D. C. (2021). . Health & Justice, 9(1), 1-15.

Midgley, J. (2019). Social policy and development: An overview. Handbook of Social Policy and Development. EdgarOnline. Web.

Patra, P., Prakash, J., Patra, B., & Khanna, P. (2018). Indian Journal of Psychiatry, 60(4), 494.

Sarat, A., Kermes, R., Cambra, H., Curran, A., Kiley, M., & Pant, K. (2017). . J. Crim. L. & Criminology, 107, 757.

Seigafo, S. (2017). International Journal of Criminal Justice Sciences, 12(2).

Van Den Bos, J., Creten, N., Davenport, S., & Roberts, M. (2017). . American Hospital Association.

Wagner, J., Jones, S., Tsaroucha, A., & Cumbers, H. (2019). . Child Abuse Review, 28(1), 39-51.

Print
Cite This paper
Select a referencing style:

Reference

IvyPanda. (2023, March 8). Juvenile Law and Juvenile Sentencing. https://ivypanda.com/essays/juvenile-law-and-juvenile-sentencing/

Work Cited

"Juvenile Law and Juvenile Sentencing." IvyPanda, 8 Mar. 2023, ivypanda.com/essays/juvenile-law-and-juvenile-sentencing/.

References

IvyPanda. (2023) 'Juvenile Law and Juvenile Sentencing'. 8 March.

References

IvyPanda. 2023. "Juvenile Law and Juvenile Sentencing." March 8, 2023. https://ivypanda.com/essays/juvenile-law-and-juvenile-sentencing/.

1. IvyPanda. "Juvenile Law and Juvenile Sentencing." March 8, 2023. https://ivypanda.com/essays/juvenile-law-and-juvenile-sentencing/.


Bibliography


IvyPanda. "Juvenile Law and Juvenile Sentencing." March 8, 2023. https://ivypanda.com/essays/juvenile-law-and-juvenile-sentencing/.

Powered by CiteTotal, easy essay referencing maker
If, for any reason, you believe that this content should not be published on our website, please request its removal.
More related papers
Updated:
Cite
Print
1 / 1