Do Adolescents in the Criminal Justice System have a chance of Success in Society when released?

Answer

Do Adolescents in the Criminal Justice System have a chance of Success in Society when released?

Introduction

Adolescent criminals in the criminal justice system is a phenomenon which has become common through the world. It started about 100 a go in the United States. Previously, adolescents who committed crime were punished by the church but later the state too charge and charged them with delinquent acts and therefore were tried in the criminal justice system. This was however considered an abuse of the children and not ethically acceptable (Tanenhaus, 42). The juvenile justice system was introduced in 1899 in Illnois -USA to provide for the processing, adjudication, and rehabilitation of juveniles charged with criminal acts, as well as for the care and treatment of abused and neglected children and early teenagers who became vulnerable to crime (Mears & Travis 132). With time of juvenile justice evolution, steered by studies into growth and development of the teenagers, a lot of reform has been introduced into the juvenile justice system so that the overall focus of the juvenile criminal justice system is to rehabilitate and mold the juvenile criminals into useful and productive members of their communities. This research and this section presents a background to the juvenile criminal system and looks at the potential of the systems at rehabilitating and transforming the juveniles so that they become acceptable and productive members of the society

Background information

Adolescents are persons aged between 12 and 19 years, a time is characterized with transition between childhood and adulthood. Adolescence is thus the stage in which these persons experience drastic physical and psychological development. In general terms, the adolescents are considered as teenagers. According to Tanenhaus, (2002), teenagers are some of the most vulnerable people to a number of things. The vulnerability is particularly influence by their endeavours to discover many things through trial and error. The stage is also associated with a lot of struggle with the physical and psychological changes which occur very drastically within these persons. It is there a common observation it is difficult to help teenagers to manager the wide scope of complex changes they experience in their body, brain and mind. The brain particularly undergoes significant growth and pruning which results into changes of connectivity within a wide array of minefields and booby traps which often lead them a stray. According to Steinberg, teenagers are very vulnerable to emotional instability and unfortunately, they are so vulnerable that something considered too mild may cause them extreme emotional instability (21-38). Steinberg relates most of the crimes committed by teenagers as a result of emotional instability.

In a research published by Greenwood the emotional instability is one of the leading causes of crime among the teenagers foe which they often find themselves behind the bars in the juvenile justice systems across the world (61). In a recent but unpublished research, presented at one the Society for Neuroscience meeting, an image of an aggressive face was used as an emotional signal to test how teenagers responded in a threatening situation. The participants were instructed to press a button when shown a neutral face, but to avoid pressing the button when they saw an aggressive face.  The research established that the teens were about 15% more likely to react and press the button when they saw the aggressive face compared to children or adults in the study. The teens who managed to control their reaction and avoid pressing the button demonstrated higher activity in the brain’s ventromedial prefrontal cortex region, which is the portion of the brain implicated in controlling emotional responses (Corriero, 41).

It is therefore very important to appreciate that crime among teenager is partly a function of their growth and development. In some instances teenagers commit crime out of their conscious mind but rather as a reaction to emotional stability. This explains why, the juvenile systems have a critical responsibility. In fact The Government of Western Australia, Department of Corrective Justice, suggest that proper studying of the juvenile criminals should be done to identify and isolate various criminals among the teenagers while they serve their rehabilitation detention (11). This is because, some may be “innocent” by virtue of the rationale behind the crime. In fact in another study by Greenwood¹, crime rate was established to be at the peak at around 14 and 15 years of age. The crime rate lags between 10 and 12, begins to rise drastically from 13 years, peaks at between 14 and 16 and finally decreases again past 16 and approaches the lowest point in the early twenties (34-89).  The observation shows that there is a high possibility the crime is most likely caused by phasic/transient exploration and experimentation and reaction to emotional instability.

These observation should inform how the juvenile criminal in the criminal justice system are handled. A lot of professional management is required if anything good is expected out of the rehabilitation program. The success of the rehabilitation and the usefulness of the adolescents upon release to the community is much dependent on understanding the adolescents not just as criminals but as circumstantial/accidental criminals (Sarri, 25). If they have a chance or not is a question of what the rehabilitation does, and what the community itself does to them. 

Problem statements

It is always assumed that “once a criminal, always a criminal” Although the assumption is partly true, it really does not hold water more so with regards to the juvenile criminals. In fact, some of the juveniles should not even be called criminals, following the conditional in which they engage in criminal act. In as much as their actions may be considered criminal, they should not be labelled criminal until all facts are established as to what was behind the act (Mears & Travis, 32). There is normally a general fear of the community integrating released criminals among them. Members of the community find it uneasy to freely mingle with them and even to associate with them, more so if the crimes for which they were convicted are those to which the community is exposed to. According to Foley, the mentality is partly justifiable because it is a human behaviour that is instigated by fear of the both known and unknown (259). It is even fuelled by ignorance about the conditions and circumstances which precedes to commitment of crimes by the teenagers. Even though some may commit crimes intentionally and consciously, there are a significant number who may commit crime under circumstances of hyper reaction to emotional instability and unconscious decision making. Richards argues that ignorance about teenagers behaviour, and how the community can make them better people is the one of the chief reasons why they have problem of successful absorption back into the community after rehabilitation and correctional initiatives have been implemented on them (51). The overall question is therefore the role of the community is making the best out of the adolescents rather than their judgemental consideration as being criminals. Interventions designed to facilitate the successful re-entry of young offenders into the community has not been informed by what the community knows about healthy psychosocial development in late adolescence.

Objectives

The general objective of the research is to find whether the community and the juvenile justice system have done enough to enhance the successful re-entry of the juvenile into the community at the end of their rehabilitation. More specifically, the research aims at establishing the role of the community in creating a chance for successful entry of the offenders back to the community, and also determining the role of the juvenile justice system in enhancing the acceptance and adoption of the offenders by their communities.

Research Question

1. The overall question of the research is: Do Adolescents in the Criminal Justice System have a chance of Success in Society when released? The other questions include:
2. What is the role of the community on successful re-entry of the adolescents upon release from Criminal Justice System?
3. What is the role of the juvenile criminal justice system in moulding the adolescents for successful re-entry into the community after they are released?

Justification

The research is timely and essential in re-considering whether the community has a role in the adoption of adolescents back to the community upon release from criminal justice system. It is further important is evaluating the success of the juvenile justice system in the transformation of adolescent criminals into productive, responsible and acceptable members of the community. An evidence based approach is needful when handling the juvenile criminal cases because, the adolescents are very vulnerable people (Greenwood, & Turner 501). If a system implemented on them is not handled with care, it can cause chronic damages which may interfere with their mental, physical and psychological developments and functionality of when they grow into adults.

LITERATURE REVIEW

Introduction

This section of the research looks at existing literature, and what they say about the success of adolescents re-entering the community after they are released from a criminal justice system. The section focuses on both academic and socio-scientific journals whose primary focus has been research on the parameters which have always defined the success of juvenile justice system, the challenges, and the recommendations thereafter. Theoretical review has been chosen to conduct the study and there intensive review has been done to establish the reliability of the answers which have been given to related question and the research question of this study.

Theoretical Review

There are a few factors which influence the implication of juvenile criminal justice system on the “criminal”. Failures are often witnessed in the measure taken ‘against’ the criminals in efforts to rehabilitate them. Consequently, some adolescents have either become deviant or failed to change after being exposed to juvenile justice system. A cording to some columnists, the juvenile justice system seem to have lost direction just like the criminals they handle (1). For example Medina observes that the treatment the criminal are given are more destructive. She claims that the adolescents are either thrust into adult prisons for a day or two to scare them never to want to experience jail life. To make matter even worse, once they are thrown into the prison, they are closed in holding cells, they are spat on and locked in dark rooms in isolations. Unfortunately, some of the adolescents are detained for no clean crimes committed. Medina noted that sometimes only 25% of the children behind bars are committed crimes worth being kept behind the bars. Majority of the criminals are minor offenders who need totally different treatment which should be purely geared towards rehabilitating and correcting them. Medina in reference to the American Civil Liberties Union, the offenders are often subjected to about 22 hours in solitary with either only a book, studying materials or a bible (1-3).

In a report authored by criminal justice researcher Barry Holman and Justice Policy Institute Executive Director Jason Ziedenberg for the Justice Policy Institute,  in was reported that minimum of one-third of detention centres are overcrowded, and ultimately breeding an environment of violence and chaos. Instead of getting better, the behavioural problems of the young offenders worsen. And to top it off, the Justice Policy Institute adds that some researchers have found that incarcerated youth have double to four times the suicide rate of non-incarcerated youths in their communities (Medina, 2).

In the United states alone, more than 1.91 million teenagers below the age of 18 were arrested, but only 26% had committed serious offenses (Tanenhaus, 46). The rest of them were either misdemeanors, drug offenses and public order or status offenses. This is a further demonstration of the risk to which the minor offenders might be exposed to. The juvenile justice system should be the bridge through which both accidentally and intentionally deviant teenagers are restored to the normal societal confines of growth and development but this has not been the case. Despite the punitive, putative and rehabilitative aims of the system, empirical observation is that the young offenders finish their times with the justice system and resume into the community with just as many, if not more, the problem and challenges and mentality with which they were treated behind the bars. It is well established that, as a group, delinquent teenagers exhibit poor adjustment as adults and often meet troubles achieving conventional indicators of adult success. Most evidently, they are notorious for experiencing educational failure and having problems securing later employment. According to one study, only 12% of formerly incarcerated adolescents received their high school diploma or General Equivalency Degree (GED) as young adults (National Center for Education Statistics, 2001). However, Greenwood¹, notes that a restorative justice system can achieve a lot in enhancing the success of re-entry of the adolescents into the community when they are released from a juvenile justice system (95). It is best accomplished when the parties themselves meet cooperatively to discuss and decide how it can be done. This can lead to transformation of people, relationships and communities.

METHODOLOGY

This sections presents the main method of this research. It is purely based on reviews of previous related studies, and the data that was developed in the course of those studies.

Research design

The study is purely a meta-analysis of the findings of previous related studies of the same subject. The studies are those retrieved from credible and authentic data bases so that the study is as reliable as possible. These data bases are:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2813457/

http://socialwork.oxfordre.com/view/10.1093/acrefore/9780199975839.001.0001/acrefore-9780199975839-e-572

https://www.correctiveservices.wa.gov.au/_files/youth-justice/young-people-justice-system-review-yoa.pdf

https://www.unicef.org/tdad/3michaelcorriero(1).pdf

https://www.urban.org/sites/default/files/publication/57861/410927-The-Dimensions-Pathways-and-Consequences-of-Youth-Reentry.PDF

http://www.dbknews.com/2016/12/02/juvenile-justice-system-reform-rehabilitation/

Findings from these data Bases

In the United States, the juvenile justice system processes about 2.5 million juvenile arrest. About these, about 5,000 judgments are passed over delinquency cases on a daily basis. The implications of these statistics is that 8 – 10% of the teenagers between 10 and 17 years are affected (Richards, 53). According to Richards, some of these adolescents come out of the juvenile system more frustrated and more disillusioned and consequently they tend to express their frustration by sometimes engaging in more criminal acts. Nevertheless a significant number come reformed and refined for responsibility, productivity and acceptance in the community. Greenwood shows that balanced and restorative justice (BARJ) programs can integrate restitution and community service by which teenage offenders can learn and appreciate the efforts invested on them while under incarceration (476). Juveniles have a great chance of success when released from criminal justice system. There are many factors associated with the successful re-entry of juvenile into the community. These factors include:

The integrity of the treatment model implementation: This is the first role of the juvenile criminal justice system. According to Sarri, the manner in which the teenagers are incarcerated defines the development of the teenagers while in custody and even when they are released (163). Sarri claim than inhumane and punitive measure often times create frustration which goes a long way to influence the psychology of the adolescents. It is therefore recommended that more integrity should be observed while dealing with the juveniles lest the rehabilitation under incarceration result into more harm than good.

Longer duration of treatment produces better results: This is the second role of the juvenile criminal justice system. Although it may be controversial, depending on the perspective of argument, when the treatment is aligned to the overall goal of juvenile justice system, it should deliver better results, Steinberg et al., posit that the reason poor results have been noted is because the systems are compromised with hurry and bumpy rehabilitation process (Laurence et al., 3).

Results from well-established programs exceed new programs: This is the third role of the criminal justice system. Well established programs imply programs that take care of the whole process of committing crime. Like Greenwood, & Turner posited, teenagers may commit crime out of reaction to emotional instability, a situation in which the teenager should not be labelled as a criminal though the act be criminal (487). With a program which considers all these factors, better management of the juveniles would consider more comprehensive management of such teenagers before they get to mingle with real criminals and before they are exposed to the dangerous of prison treatments.

Treatment administered by mental health professionals: This should be the role of the juvenile criminal justice system but has not been successfully implemented. Professionalism is very essential in producing more responsible and productive adolescents from the juvenile system. In fact as Foley puts it, treatment of juvenile require the input of professionals psychologists, counsellors, teachers, and to some extent psychiatrists. These professionals better understand the teenagers, and can better help in the formulation of strategies through which the adolescents can amalgamate well into the society (253).

Emphasis on interpersonal-skills training: This role is shared between the community and the criminal justice system. Interpersonal skill determine how the community considers and handles the adolescents upon release. How people relate with them can build or destroy them. According to Corriero, the interpersonal skills with which individual relate with these teenagers is very paramount in defining how successful the resume and continues with their normal lives (3, 9). It therefore call for public education and participation.

Use of the teaching of family home methods: This is the role of the community. Family teaching methods reflects the community can be so helpful in facilitating the union of the adolescents into the community (Daniel & Travis). In other words, if the juveniles can integrate these teaching methods, then the juveniles are most likely to get along into the community because, they will be experiencing the community  while under custody so that when they are finally released, neither them nor the community find anything strange about either of them.

Conclusion and Recommendation

The research questions in focus were:

1. The overall question of the research is: Do Adolescents in the Criminal Justice System have a chance of Success in Society when released? The other questions include:
2. What is the role of the community on successful re-entry of the adolescents upon release from Criminal Justice System?
3. What is the role of the juvenile criminal justice system in moulding the adolescents for successful re-entry into the community after they are released?

Overall, studies have found that community-based programs can be more effective than programs in criminal justice systems, so the context and the content of the treatment is very influential. Adolescents released from criminal justice have a great chance of success but only when there is comprehensive integration of the community in the process. The community have very special role is bringing up adolescents in a way that make them appreciate and understand the dynamics of their growth pattern as young people, as well as the criminal justice systems. The community also has a role in creating a conducive environment for the adolescents upon release from criminal justice system. Community voluntary participation was shown to be more effective than that which is coerced, and there are ways by which voluntary assent can be achieved. The acceptance and productive union of the juveniles into the community upon release is a function of what the criminal justice does, and what the community does upon them. With well-articulated, collaboration between the two participants, based on evidence based findings, adolescents have great opportunity to responsibly and productively resume normal life in the community upon released from criminal justice system.