The US constitution

Answer

Introduction

In the 21st century, the US constitution is subject to amendments, which will be applied in the Jim case. Additionally, the colonial period time juvenile justice system is equally important in the dispensation of punishments for the young man, Jim. The below paper will evaluate the possible punishments which would be issued to the minor in both colonial and 21st periods of time and reasons to justify why they should be issued. In addition, justice theories which relate to the case time periods will be used.

Assault during the Colonial Era

 During the colonial era, there was a justice system which existed in the US. The system was advancement from the middle age periods when the justice system was the duty of the church and other community members. However, during this period of time, the justice system never distinguished between adults and juveniles; hence juveniles were treated like adults. Taking the Jim case, treating Jim, a young man like an adult would mean if found guilty, would be sentenced for several years in prison rather than juvenile detentions. Another possibility is, depending on the severity of the case, Jim would receive a life imprisonment sentence. In the colonial times, any minor above the age of six was considered to have the ability to work or contribute some energy towards the generation of income in their family set up. Hence, such a person had no difference with an adult person; thus the justice system would treat the minor as an adult person. The racial differences theory explained that young people committed crimes due to racial discrimination. Also, the high social status people discriminated the minority groups in the US. The system was found to be discriminatory against juveniles; hence beginning the late 19th and 20th century, the law slowly began changing to give juveniles special attention.

  Assault during the 21st Century

  In the 21st century, the US juvenile system was well refined and effectively designed. The century marked a deviation from the colonial era. Brief history, the first juvenile case was set up in the year 1899, in the late 18th century. In the 20th century, the juvenile justice system underwent major changes. The changes were instituted by the federal government, state governments, and various human rights and children organization. The juvenile system of the 21st century is quite similar to that of the 20th century, but it has increased powers and scope (Zimring, 2018).

   Moving on to the Jim case, which involves an assault crime committed by the minor Jim, several punishments can be administered to the minor. The punishments depend on the severity of Jim crime. In juvenile assault cases, there are three types of assaults. The three assault compose of first, second, and third degrees assault cases. In the case of third degree, the cases are not considered to be much of a threat; hence the minor will be sentenced to juvenile centers. The preventive measures include probation or community service. Under probation, Jim might be given a ban not to access various points or places, because, under the conditions of the environment, he poses a greater threat of engaging in another assault crime. The probation is for a certain period of time and whenever the juvenile authorities observe that he poses no threat, his probation will be lifted. Under community service, Jim will be ordered to perform some duties which benefit the community in the form of punishment. The duties include collecting litter in the streets and cleaning a health facility.

 For second degree assault cases, they are considered to pose a greater threat to the society and the entire justice system. Hence, the punishment administered on the minor is much severe. Examples of possible punishments would be incarceration of the offender. Incarceration is where the offender is sentenced to serve a certain period of time in a juvenile center in order to receive personalized attention. If the offender is of schooling age, then he/she is incarcerated and sent to special schools meant to teach juveniles who have engaged in criminal activities. Incarceration serves as both a preventive measure and punishment to the minors.

  Under first-degree assault situations, the punishment to be given on the minor offender is the most severe. In such a situation, a very thin line exists between treating the minor as a juvenile and a mature person. The above scenario explains why in all US states, they have passed laws which give detailed circumstances under which minors can be subjected to the adult justice system. Also, the federal laws and the state laws give the jury and the bench the authority to determine whether to treat the minors as juveniles or subject them to the adult system. Hence, if Jim committed an assault offense which is very severe, then the possibility of him being treated as an adult is very high. For instance, Jim might be tried under the juvenile system as an adult or get transferred to the adult courts. Jim might be sentenced to serve several years in jail or a death penalty might be given to him. Since Jim is a minor, upon sentencing, Jim will be sent to a juvenile correctional facility. Upon reaching a maturity age, if his term is not over in the juvenile facility, the law allows him to be transferred to an adult prison. However, the possibility of transfer exposes the juvenile system to some flaws which need to be looked at, since it is up to the jury and the bench to determine where the assault crime lies. Besides, some assault crimes are placed in the category which they are not fit; thus leading to unnecessary severe or lenient punishments. The procedure involved is similar to that of the colonial era when it comes to making arrests. Moreover, not all cases go up to the trial phase, at times some assault juvenile cases are only issued with warnings in case they are considered minor (Hewitt & DeLisi, 2016).

Possibilities of Diversion

Diversion is not possible at all during both periods as the justice systems are different. The systems are different in the sense that, in the colonial period, juvenile justice was not developed; hence minors were treated like adults. In the 21st century, the juvenile system is well developed because juveniles have their own justice system, where they are separated from the adults. On a much wider legal perspective, for 3rd-degree assault cases, diversion is possible depending on the decision of the jury, the minor might be subjected to an adult trial. This is quite similar to the justice system in the colonial period; the only difference is that, in the 21st century, a case is reviewed by professionals before a decision is reached for it to be treated as an adult case.

Preventive Options

In the colonial era, the available preventive option is for the minor to avoid engaging in any form of crime. Hence, if Jim lived in this period, the best preventive measure is for him to desist from any form of crime. In the 21st century, the entire juvenile system acts as a preventive option. This is true since the juvenile system came in order to punish the minors when they are young enough to teach and deter them from committing the crime in the future. Further, the juvenile system is deemed lenient on the minors in most cases; this is contrary to the adult justice system which is always harsh. Hence, in the US, the juvenile system is a total preventive approach, even though currently it seems to be failing (James, 2011). 

Conclusion

Some US law critics are of the option that the juvenile system should be abolished and juveniles treated as adults in assault cases. In my opinion, abolishing juvenile systems would be a blow to the US justice system as the rights of minors are different from those of adults. The law is applied in a progressive manner and not in a retrogressive way. Abolishing the juvenile systems will mean the system is reverting back to the colonial period, which is unfair, especially to the rights of the young kids. Continuous reviewing of the juvenile system laws is important in ensuring cases of inefficiencies of the law are addressed and effective measures enacted. Finally, all the US states must strive to harmonize their laws to promote efficient corrective measures to be instituted on the juvenile offenders (David, 2014).