Punishments for Juvenile Offenders Research Paper

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Abstract

The United States of America is one of the few countries that allow lifetime imprisonment of juveniles as punishment. According to the research conducted by, De la Vega and Leighton, the United States is the only country which practices such punishment without provision for eventual release among the select countries which impose lifetime imprisonment to minors (2008). The main purpose of this paper is to analyze the importance of juvenile rehabilitation centers and the effectiveness of rehabilitation programs among juvenile offenders. Available reports and studies on juveniles given sentences and those who have been rehabilitated will be used to evaluate the significance and value of rehabilitation centers and programs. Before sending a juvenile to prison, authorities must prove that the said juvenile can no longer be converted thus all available resources to rehabilitate the juvenile must be exhausted. Life imprisonment without the possibility of parole to juvenile offenders is unwarranted according to international standards. Minors who have committed a crime are usually under the influence of drugs or possess disturbed childhood experiences which cloud their sense of justice. They lack the necessary experience, intelligence and education adults possess which enable the later to make sound decisions. Juveniles must be given opportunities to redeem themselves before they are punished to life of imprisonment.

Statistics of Juveniles Given Life Sentences

Statistics provided by the Human Rights Watch show that an estimate of 2,589 youth offenders in the United States are serving life without parole as of 2009 (Human Rights Watch, 2009). According to the report, the jurisdiction of Pennsylvania holds the most number of juveniles serving life sentences without parole (Human Rights Watch, 2009). The state law classified such under mandatory category because the judges who decided against the offenders have no other choice but to sentence the juvenile to life imprisonment. This is usually the case if the offender has been found guilty of first degree murder. Ten states on the other hand namely the jurisdictions of Alaska, Kansas, Maine, New Jersey, New York, Oregon, West Virginia and Columbia have no juvenile offenders serving life imprisonment without parole (Human Rights Watch, 2008)

Statistics of Juveniles Who have been rehabilitated

According to the Center for Children and Youth Justice, (2008) about 1,000 juvenile offenders are annually committed to the Juvenile Rehabilitation Authority. Among the 1,000 an estimate of 825 individuals are in residential programs and 750 minors are on parole (Center for Children and Youth Justice, 2008). The average age of juveniles confined in the said programs is between 16 to 17 years old but there are offenders present as young as 12 years of age (Center for Children and Youth Justice, 2008). In terms of ratio, 9 out of 10 are boys and 1/3 of the offenders are first timers (Center for Children and Youth Justice, 2008). The most common problems faced by authorities in the centers are juveniles suffering from drug and alcohol addiction where nearly 2/3 of the youth suffer from such (Center for Children and Youth Justice, 2008). 3 out of 5 minors are suffering from mental health issues and problems (Center for Children and Youth Justice, 2008).

Importance of Rehabilitating Juveniles Instead of Sending Them to Prison

According to Piquero et al. (2010), there are many studies that show the mental and behavioral improvements of juvenile offenders when interventions in the form of rehabilitation programs occur. Hundreds of treatment studies prove that such mediation lessen repetition for juveniles in committing the same crimes they have been accused of. Sending juvenile offenders to rehabilitation centers is important because well designed programs for corrections enable the principle of effective intervention to flourish thus the recurrences of crimes are decreased (Piquero et al., 2010). Individuals below 18 years old are considered minors because they are inexperienced, uneducated and lack a sense of justice because they are still considered immature in terms of their understanding of situations. Most juvenile offenders suffer from traumatic childhood experiences which cloud their ability to determine right from wrong. According to Kurlycheck and Johnson (2010), juveniles differ from their adult counterparts especially in terms of decision making capabilities. “The transitory state of juvenility suggests delinquent behaviors might be part of a temporary, rather than a permanent, developmental stage in adolescence” (Kurlychek and Johnson, 2010). Thus the importance of rehabilitation lies in its ability to correct behaviors of juvenile delinquents through programs that would address issues such as drug abuses, alcoholism, mental illness and the sense of justice. By sending juvenile offenders to prison, the conditions of juveniles will only worsen because they are punished for crimes they have committed which they have no clear understanding of.

Effectiveness of Rehab

In a survey conducted by Kurlycheck and Johnson (2010), the researchers found out that juveniles who have committed crimes are mostly under the influence of drugs thus the importance of enabling the offenders to go through rehab may help clear their state of minds. A study conducted by the US Department of Justice on the effectiveness of intervention on situations of juvenile offenders show that delinquents who underwent treatment showed improvements in terms of their behaviors because a 12% decrease in recidivism was found among subjects (Wilson, 2000). According to the study, there are three types of treatments that showed the reduction of recidivism among non-institutionalized offenders. These treatments are interpersonal skills training, individual counseling and behavioral programs (Wilson, 2000). For institutionalized offenders treatments include the Milieu therapy where the offender’s environment is structured to complement the objective of the treatment. This method is practiced together with behavioral programs and counseling which help develop norms and regulate behaviors (Wilson, 2000).

Appropriate Time to Send Juveniles to Prison

Before sentencing a juvenile offender to life imprisonment without parole, it is necessary that authorities have already exhausted alternatives in rehabilitating the delinquent. Signs of the offender improving and maturing are indications that he will no longer commit the same crime he has been charged with. According to Ward and Kupchik (2009),

“The system operationalized accountability by developing policies of determinate sentencing, requirements that youth successfully complete prescribed programs and, finally, requirements that adjudicated delinquents ‘deal with their commitment offense’ before being released”.

The scholars believed that before deciding the faith of the offender all necessary means of rehabilitation must have been implemented. The final decision of the court on the case of the individual must be determined on the basis of the offender’s participation in the rehabilitation program. Responsibility is the key in such decision making thus the verdict will depend on the actions of the offender during probation. According to Carmichael (2010), “Given that there may still be some leniency granted to younger offenders due to their diminished capacities, it is plausible that they will receive shorter sentences for their transgressions”. Such may be the case in other jurisdictions but decisions in practice depend on the degree of the crime committed, the level of maturity shown by the juvenile and the overall decisions of the courts.

Reference List

Carmichael, J. (2010). Sentencing disparities for juvenile offenders sentenced to adult prisons: An individual and contextual analysis. Journal of Criminal Justice, 38, 747-757.

Center for Children and Youth Justice. (2008). Facts About Child Welfare and Juvenile Justice in Washington State. Web.

de la Vega, C., & Leighton,M. (2008). Sentencing our Children to Die in Prison: Global Law and Practice. San Francisco, United States of America: University of San Francisco.

Human Rights Watch. (2009). State Distribution of Youth Offenders Serving Juvenile Life Without Parole (JLWOP). Web.

Human Rights Watch. Executive Summary: The Rest of Their Lives: Life without Parole for Youth Offenders in the United States in 2008. Web.

Kurlychek,M., & Johnson, B. (2010). Juvenility and Punishment: Sentencing Juveniles in Adult Court. American Society of Criminology, 48(3), 725-758.

Piquero, A., Cullen, F., Unnever,J., Piquero,N., Gordon,J. (2010). Never too late: Public optimism about juvenile rehabilitation. Punishment & Society, 12(187), 187-207.

Ward, G., & Kupchik, A. (2009). Accountable to what?: Professional orientations towards accountability-based juvenile justice. Punishment & Society, 11(85), 85-109.

Wilson, J. (2000). Effective Intervention for Serious Juvenile Offenders (PERMIT NO.G-91). United States America: Department of Justice.

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