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Punishment Philosophies

1) What are the various punishment philosophies within the juvenile court and it processes?
2) How do these philosophies differ from the adult process?
3) What are the sanctions involved, the various legal factors associated with sentencing, and the aspects of the appeal process.

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Punishment Philosophies

1) What are the various punishment philosophies within the juvenile court and it processes?
The country's formal juvenile court system was founded in 1899 with the realization that youth or young people differ from adults, and therefore should be treated differently within the judicial system (Chung, Little, Steinburg & Altschuler, 2005). The philosophy is that youth had not yet obtained the several traits such as culpability and competency to stand trial, which are the hallmarks to of the adult criminal system process. Therefore, the purpose of the juvenile court system was to serve as a surrogate parent, not necessarily punishment, but giving youth a second chance to get it right, rehabilitate and move in to being responsible and productive adults. So due to the high rise of violent crimes in the 1990's with the perception that youth were doing these crimes, the country changed its focus from rehabilitation to a more tough policy in the juvenile system. This resulted in more youth being sent to adult prisons and jails, and within the juvenile system, rehabilitation lost its favor (Chung, Little, Steinburg & Altschuler, 2005).

More juvenile systems have shifted from the rehabilitation to punishment to deterrence. This is saying that in order to help reduce juvenile crime, states should continue to expand the focus of their system by including punishment and deterrence along with the goal of rehabilitation. Therefore, under certain circumstances, juvenile defendants should be treated as adults (Chamberlin, 2012). So many states laws now provide for an increase of transfers of jurisdiction over juvenile defendants from juvenile court to adult court, an expansion of the type of sentences juvenile defendants may receive, and a reduction in the level of confidentiality of juvenile court proceedings. There has been an increase of transfers from juvenile court to adult ...

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This solution discusses punishment philosophies within the juvenile court.

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