Juvenile Criminals

B. Response to a Defective Justice System

 Crime committed in America by people under eighteen years of age is increasing at an alarming rate. Further, the level of violent crimes, where assault and/or murder is involved is increasing. As a result, many in law enforcement are demanding revisions in the way juveniles are punished and that they, in fact, be treated as adults. This means that a young person could face the death penalty for crimes such as murder. The purpose of this paper will be to discuss juvenile criminals and the justice system with a review of the pros and cons surrounding this new approach to juvenile punishment.

The FBI crime count for 1986 - which showed an unexpected twelve percent rise in violent-crime reports nationwide - said that nearly one in ten accused murderers are under the age of eighteen (Gest, 1987, p. 50). What was particularly surprising about these figures was that experts had predicted a decrease in the juvenile crime rate due to the shrinking youth population. Instead, it has remained high. In Detroit alone, forty-three youths were killed and 365 wounded by gunfire in 1986 (p. 50).

While young males are responsible for most of the crime, only a small numbe

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set in concrete the judicial philosophy that was to rule over the juvenile justice system until the 1960s: that a child was not to be tried for a crime but, instead, was to be viewed as someone in need of the care and protection of the state (Kramer, 1988, p. 66). Over the last few decades, the law has defined a juvenile delinquent as: "Someone over seven and under the age of legal majority who does something that would be a crime if done by an adult but who is not criminally responsible for what he has done because of his age (by reason of infancy)" (Kramer, 1988, p. 8). And, with minor variations, the process that follows the arrest of a youngster is similar in all states, with the courts operating on the theory that young criminals will respond more effectively to counseling than serving prison time. Judges, based on the facts presented, must determine whether a youth needs supervision, treatment or confinement. If none is required, the child's records are sealed. Otherwise, the judge may choose one of several options: o The juvenile may be placed on probation and referred to a social service agency. o He may be given a conditional discharge, sometimes under the supervision of the court. o He may be placed in a speci
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