Historical Justice Themes

There are several historical themes discussed in the text (p. 12-16). Which of these themes do you think are of most importance to today's juvenile justice system?



The historical themes of most importance in today’s society and juvenile justice system are increased authority of the state, unsolvable nature of crime and get tough and go-soft approaches in said order. The negative and anti-social actions of children, whether through peer pressure, lack of insight or sheer momentary stupidity should not cause the adult they can potentially become to vanish. The need to re-insert these adjudicated youths to the society they came from is a responsibility of the state – now more than ever. If the state is going to assume parental power of the adjudicated youth then the state must also take on the responsibility of teaching the adjudicated youth as an accomplished and moral parent would ( this includes not only discipline, but nurture and love more so) focusing on the man or woman they have potential to become. This is more than teaching a trade to the youth, or schooling the youth. It is showing the youth that they are special and unique, that there feelings are valid – and they are worth something to somebody. Many offenders come from homes beyond what is imaginable to the everyday citizen. With the state assuming the parental role they must go the distance for these children.

The increased authority of the state theme is more prominent now than ever. The state can remove youths from homes – in most cases it is in the best interest of the child to do so. This authority has been granted in increments over time and is not going to change. Once you hand over authority it is rarely ever handed back. That is the reason this is of most importance of the themes. It is a theme that is growing and will continue to grow in society today as the states deem it necessary to remove more youth from their homes. Does this removal of youth from family further break down society- therefore setting up the creation of the next and larger generation of adjudicated youths?

The going in circles of the unsolvable nature of crime is as true today as in it's first conceptual thought. No matter what is tried there are still offenders and victims, there is no solution to the problem. The simple thought remains that we must do what we are able and what is just. The nature of human beings is not perfect. In fact, the juvenile seems to lean towards Hobbs “state of nature” in essence the stronger over power the week and little regard for much- they do not have the detailed conception they might get caught, rather juveniles exist in a state of instinct and immediate impulse reaction. To be animal is a humans birthright, we are born knowing how to eat, sleep – survival animal instinct qualities. Becoming human is learned over a long period of time- adolescence is a unique mix of human and animal instincts and depending on the lack of positive nurture administered to the youth during rearing could result in more animal styled thought process. The key to the unsolvable nature of crime is in the nurture of the criminal. This theme has allowed for advancements in treatment of adjudicated juveniles and advancements in their care. Even though there is no positive change in slowing the frequency that juveniles come into contact with the justice system.

The get-tough go-soft theme is the most humane way to deal with offenders. The practice of punishing the offender harshly due to others actions as found in reform and retrenchment is UN-just to the individual as most juveniles break a law or two, and one has been caught at a time when public policy has a zero tolerance due to others actions is not the equality granted to the American citizen. The

get-tough go-soft theme is reasonable and logically correct in the sense that every action has an opposite and equal reaction. The action of a hard crime has a hard penalty vice-verse for soft crimes. The fallacy in this theme (as in all of them) is set standards. In an adult court you have a jury that judges over the accused- the juvenile system makes no allowance for this, therefore a rigid set of penalties should be set, such as truancy 2nd offense = 20 days summer school (no exceptions). The concern is that there are very few adults involved in juvenile court and the records are sealed. How would you ever be able to check to see if some juveniles rights were being protected or if they received a fair trial, Juveniles are citizens – not fully developed.