Law in Contemporary Society

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DavidGarfinkelFirstPaper 7 - 08 Jun 2010 - Main.DavidGarfinkel
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Current Problems with Juvenile Justice

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Unfortunately, there are many problems with the system. First concerns punishment. A significant number of prosecutions and sentences do not comport to principles of proportionality, especially in respect to status crimes like truancy and running away. This results in increasing the burden on tax payers and the system’s financial resources. Financial problems result in a lack of probation and community orients services as well as overcrowded and understaffed detentions centers. Similar to adult criminal statistics, certain minority groups are over represented in the system. The recidivism rate is much higher than should be expected for a system that tries to prioritize rehabilitation.
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Unfortunately, there are many problems with the system. First concerns punishment. A significant number of prosecutions and sentences do not comport to principles of proportionality, especially in respect to status crimes like truancy and running away. This results in increasing the burden on tax payers and the system’s financial resources. Financial problems result in a lack of probation and community based services as well as overcrowded and understaffed detentions centers. Similar to adult criminal statistics, certain minority groups are over represented in the system. The recidivism rate is much higher than should be expected for a system that tries to prioritize rehabilitation.
 

Possible Solutions

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Many of the problems and solutions can easily apply to criminal justice in general. Of course, the most effective solutions will address the underlying problems that result in juvenile crimes, primarily public education, poverty, and border control (possibly abortion access if follow Freakonomics). An important solution would be to make prosecution and sentencing more proportional to the crimes, decreasing the use of detentions for juvenile defendants. This requires providing greater access to probationary and community services, especially for those dealing with addiction and mental health. Another important reform is to encourage greater socialization and education that teach independence and important skills. Living in a constantly supervised community environment doesn’t comport to normal social development, and makes it difficult to return to normal society. A major consequence of this is inability to function and tendency to return or join the criminal elements, notably gangs, which had contributed to previous criminal activity.
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Many of the problems and solutions can easily apply to criminal justice in general. Of course, the most effective solutions will address the underlying problems that result in juvenile crimes, primarily public education, poverty, and border control (possibly abortion access if follow Freakonomics). An important solution would be to make prosecution and sentencing more proportional to the crimes, decreasing the use of detentions for juvenile defendants. This requires providing greater access to probationary and community services, especially for those dealing with addiction and mental health. Another important reform is to encourage greater socialization and education that teach independence and important skills. Living in a constantly supervised community environment does not comport to normal social development, and makes it difficult to return to normal society. A major consequence of this is inability to function and tendency to return or join the criminal elements, notably gangs, which had contributed to previous criminal activity.
 

Barriers to Reform


Revision 7r7 - 08 Jun 2010 - 04:34:41 - DavidGarfinkel
Revision 6r6 - 24 Apr 2010 - 02:52:41 - DavidGarfinkel
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