The juvenile justice system in the United States has a long history and is currently in a state of development. Each state has laws regarding the juvenile justice system, which are based mainly on the fundamental differences between children and adults. Many of the states in the US use adult competency standards to determine whether a child can be tried for a criminal offense. If a child cannot understand what is happening in court or cannot defend their own interests, their case may be transferred to the juvenile justice system.
The National Juvenile Justice Network has developed guidelines to help states create separate laws for determining the competency of minors. These guidelines are based on the differences in brain development, behavior, and psychological development between children and adults (Cox, 2019). One of the states that have laws regarding the juvenile justice system is Alabama. According to Alabama law, minors cannot be arrested or subjected to regular court proceedings without a court decision confirming their competence.
In addition, Alabama has its own laws regarding the competency of minors. According to these laws, minors can be deemed competent if they are 14 years of age or older, if their actions were intentional, and if they can understand the consequences of their actions (Zane, 2021). This means that Alabama has separate laws for determining the competency of minors and that these laws take into account the differences between children and adults. Furthermore, Alabama legislation also provides that minors who have not been deemed competent should be transferred to the juvenile justice system. This means the Alabama legislative body has already created a different standard for minors.
If I had to advise a local politician on this issue, I recommend that they study the laws regarding the capacity of minors in their state. Additionally, they should consult the national juvenile justice network and review the guidelines developed by this organization to ensure that their laws align with modern standards. It would also be helpful for the local politician to look at the experiences of other states that have already changed their laws to account for the differences between children and adults. This will help them better understand what changes need to be made to their laws to ensure fairness and effectiveness in the juvenile justice system (Zane, 2021). It is also important to note that the juvenile justice system should not only punish children for their offenses but also help them correct their behavior and get back on the right track. In this sense, rehabilitation and education are essential components of the juvenile justice system and should be considered when creating laws and policies. Local politicians should also consider the various circumstances that can influence the behavior of minors, such as social and economic conditions, domestic violence, and so on. These factors can affect the child’s capacity and ability to understand the consequences of their actions (Zane, et al., 2021). Therefore, when making decisions about how to proceed in each case, all circumstances and the particularities of each child must be taken into account.
Overall, the juvenile justice system is an essential part of the US legal system, and its development is an ongoing process. States must constantly update their laws to account for new scientific discoveries and changes in public perceptions about children and their capacity. However, Alabama has already considered the differences between children and adults and created a different standard for minors, which is a positive step toward a more fair and effective juvenile justice system.
References
Cox, A. (2019). Challenging the logics of reformism and humanism in juvenile justice rhetoric. Critical criminology, 27(4), 543-558.
Zane, S. N., Welsh, B. C., Mears, D. P., & Zimmerman, G. M. (2021). Pathways through juvenile justice: A system-level assessment of cumulative disadvantage in the processing of juvenile offenders. Journal of Quantitative Criminology, 1-32, 483–514
Zane, S. N. (2021). Explaining variation in juvenile punishment: The role of communities and systems. Routledge.