Running head: HISTORY OF THE JUVENILE JUSTICE SYSTEM History of the Juvenile Justice System First Name: Last Name: Institution: 1 HISTORY OF THE JUVENILE JUSTICE SYSTEM Jim’s Case and the Juvenile Justice System The society thrives in conditions of law and order. For any crime that is committed, there are consequences that will follow. This has been the way of doing things in the society from way back to recent times. In as much as times keep on changing, consequences and punishments have always been there only that the way of administering them has been evolving. For the case of Jim, the crime of breaking and entering with aggravating circumstances of assault would attract different punishments in colonial period and 21st century. Common among them is that the crimes would be allowed to go scot free. If it were in the colonial period, Jim would stand to face a number of punishments that were a bit harsher than sitting in prison. During those times, wooden structures would be placed on the hands, head or feet of Jim for everybody to see the crimes committed. These were called stocks, used on the feet and the pillory on hands and head. The pillory would have the individual’s ears nailed on it. Additionally, whipping and water ducking would follow as determined by the authorities. There would also be a possibility of Jim being forced into apprenticeship until he becomes an adult of around 30 years old. There were no special privileges for children and would sometimes be required to pay a fine if the crime would be determined as not being severe. During the colonial times, most of the systems of justice aimed at ensuring vengeance. This was a way of ensuring that a crime committed would have the one involved pay for it. Through this, deterrence was aimed at being encouraged where other people in the society would find reason to stay away from the crime. It is worth noting that these systems of punishments revolved around shaming those involved. Crime was viewed as a sinful act (Carlson & Garrett, 2008) with punishments done in public for humiliation so that lessons can be learnt for both the 2 HISTORY OF THE JUVENILE JUSTICE SYSTEM committer and the society at large. In theory, these methods were both deterrent for one who commits and preventive for the society observing. If Jim would have committed the same crime in the 21st century, the application of punishment would have been different in a number of ways. Important to note is that these times have incorporated a lot of freedom and independence in addition to human rights. Even so, rules still have to be followed. Based on his age, he would stand to be tried and investigated in a separate court aside from adults. This is through a juvenile justice system that is meant to rehabilitate juveniles before they are sent back to the society. The rehabilitation is also a way of delivering justice while considering the well-being of the juvenile. If the programs fail to work, punishment will follow as a last resort. Depending on the severances of the crime as determined by investigations and proceedings in court, there are different timelines that would be issued for Jim to spend in the rehabilitation program. A theory in application of punishment in the 21st century after Jim’s actions would be reformative theory. Through this theory, a person who commits a crime is sought to being improved (Sharma & Sharma, 1997). The offender id therefore rehabilitated through counselling or offering help so that they can become normal again. Knowledge is borrowed from psychology while focusing on the personality of one who commits a crime. Various things that are seen to lead a person into crime according to this theory are bad company, poverty and some situations in life. These are therefore sought to be addressed in administering punishment. During colonial times, Juvenile judges had wide discretion of what they would do with offenders. They even had the ability to issue warnings depending on how severe the case at hand would be. Probation was also available in addition to various programs at the care of department of corrections. It was basically upon the judges to decide the kind of punishment that would suit 3 HISTORY OF THE JUVENILE JUSTICE SYSTEM an individual. In comparison, in the 21st century, offenders would first be arrested by police then taken through a judicial process to be granted a chance for hearing of their case. After conclusion of the trial, one would be sent to rehabilitation, parole or juveniles sent to detention. Considering both colonial and 21st century, there are situations in which diversion would be necessary. This would factor in aspects of type of offence and first timers. Even so, it is worth noting that during colonial times, due to the beliefs that existed diversion would be highly unlikely. With systems put in place in the 21st century, diversions are necessary especially for nonviolent crimes and for those people who might be easily rehabilitated. It would be a way of reducing the pressure on the justice system with offences that are considerably not serious. Even so, stern warnings should be issued to avoid repetitions. Preventive options would therefore be easily available in the 21st century compared to the colonial times. This is due to a variety of programs in the society that would keep reminding offenders that committing various crimes would lead to much severe consequences. 4 HISTORY OF THE JUVENILE JUSTICE SYSTEM References Carlson, P. M., & Garrett, J. S. (2008). Prison and jail administration: Practice and theory. Sudbury, Mass: Jones and Bartlett Pub. Sharma, U., & Sharma, S. K. (1997). Indian political thought /Urmila Sharma, S.K. Sharma. New Delhi: Atlantic Publishers and Distributors. 5
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