Essay Example on Be the Right Kind of Juvenile Judge: Age, Crime & Punishment

Introduction

Juvenile judges have a mandate to hear court proceedings involving minors under the age of 18 years and make the right determination. They make decisions about cases such as burglary, shoplifting, neglect, or abuse where they base their rulings on the evidence presented (Lemert, 2017). Therefore, this discourse gives limelight to the kind of juvenile judge I would be, the type of crimes I would be harsher about, and whether or not the punishment given would be about the juvenile's age. I will also highlight other elements that would help in my decisions, such as past criminal records and background. It is evident that the crime committed and the age of the offender would be a determinant of whether I would be a harsher or lenient judge.

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Type of Judge I would be, Rationale, and Crimes I would be Harsher about

Maroney (2019) asserted that a competent juvenile judge should have a great judicial temperament. They should apply facts and understand how their decision will affect the accused persons and their families. Also, they ought to be open-minded, courteous, courageous, patient, firm, compassionate, humble, understanding, and willing to listen to all parties. For that reason, as a juvenile judge, I will be lenient or harsh, depending on the case presented, their age, and criminal record, among other factors. I may decide to sentence a minor to community service, incarceration, impose a fine, probation, or require them to be rehabilitated based on the crimes committed. I will be lenient on youths under the age of 18 years who are guilty of abusing drugs such as cocaine or consuming alcohol since the crime is of less magnitude as compared to that of assassination. In this case, I would order their rehabilitation to overcome their challenges. Rehabilitative services are vital since they offer educational opportunities where experts focus on the main causes or try to understand why the juvenile is acting the way they do; hence, develop sound solutions. Moreover with rehabilitation, the youth can reintegrate with their community, develop occupational skills, and ultimately resolve psychological issues that might impede them from reintegrating with society (Young et al., 2017. However, harsher judgment such as incarceration of minors found guilty of committing crimes such as first- degree murder, rape, kidnapping, arson, and sodomy among others is crucial in ensuring that the young offender gets time to reflect on their mistakes, and learn about the consequences of their actions to avoid such grave incidences in future. Also, due to the harsh environment in prisons, there is a chance they might fear committing such offenses in the future; therefore, work towards being great people in society. Aizer and Doyle (2013) also aver that such a measure is vital in reducing future illegal activity.

Whether or not the Punishment I Assign would Vary by Age

It is undoubtedly clear that age will be influential in my decisions. Information about the juvenile's maturity level is vital because it establishes whether or not to transfer the minor to an adult court. McPhetres and Hughes (2016) affirm that children as young as ten years, and teenagers behave differently; therefore, it is imperative for the judge to consider the aspect of age. For instance, adolescents and teenagers are highly likely to engage in planned delinquent behaviors such as abusing alcohol, and my ability to consider how their acts will impact them is essential in court proceedings. A ten-year-old is likely to receive a lenient judgment because they are more short-sighted, impulsive, and vulnerable to intimidation as compared to teenagers. Therefore, in most cases, they are less responsible for their criminal behaviors and do not deserve harsh ruling.

Other Elements I would Factor in my Decision

Apart from age, there are several factors that I would consider when giving my final determination, such as the offense committed where serious crimes such as rape will require harsher penalties and lesser crimes like vandalism will lead to lenient verdict. Moreover, I would consider the issue of background and the defendant's past criminal record. In case the minor has been accused of a similar offense before, I will impose a judgment that will prevent future punishments such as community service or putting the accused in a rehabilitation program. On the same note, I would consider their background or the environment in which the juvenile lives. Research has shown that children who come from low-income families or where abuse is rampant are highly likely to commit crimes. Also, if the environment in which the child lives in is full of drug addicts, there is a likelihood of the accused juvenile engaging in similar behaviors (Whitesell et al., 2013). In such a case, incarcerating them will have zero benefits because I will not have dealt with the root cause of the problem. Therefore, I might place the child with a relative or in a foster home far from the abusive environment. I would also consider the juvenile's previous behavior while in detention. In various cases, solitary confinement causes more harm than good, increasing the rates of suicides, anxiety, and depression for some due to loneliness (Underwood & Washington, 2016). Therefore, if the accused was affected by such an environment, I will use alternative forms of punishment such as probation, offering counseling or electronic monitoring. Other factors I would put into consideration are whether or not the juvenile was an accessory, the circumstances under which they committed the offense for instance if they were under personal duress, and whether they are genuinely remorseful for their actions.

Conclusion

Juvenile judges have a fundamental role to play in ensuring that the accused minor becomes a great citizen in the future. I would impose harsh judgments on youths found in grave crimes such as rape to avoid re-occurrence. However, on lesser crimes such as misuse of a substance, I would offer lenient punishments like community service or put the accused under rehabilitation programs to learn ways in which they can deal with their psychological problems. There are various elements that I would put into consideration when making my final decision, such as the age of the accused, past criminal record, their background, the crime committed, and whether or not they are remorseful.

References

Aizer, A., & Doyle, J. (2013). What is the long-term impact of incarcerating juveniles? https://voxeu.org/article/what-long-term-impact-incarcerating-juvenilesLemert, E. (2017). The juvenile court system: social action and legal change. New York, NY: Transaction Publishers.

Maroney, T. (2020). What we talk about when we talk about judicial temperament. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3502404McPhetres, J., & Hughes, J. (2016). Sentencing recommendations are insensitive to juvenile offender's age and maturation. Journal of Cogent Social Sciences, 2(1), 1-6. https://doi.org/10.1080/23311886.2016.1194714.

Underwood, L ., & Washington, A. (2016). Mental illness and juvenile offenders. International Journal of Environmental Research and Public Health, 13 (2), 228. Doi: 10.3390/ijerph13020228.

Whitesell, M., Bachand, A., Peel, J., & Brown, M. (2013). Familial, social, and individual factors contributing to risk for adolescent substance use. Journal of Addiction. Doi: 10.1155/2013/579310.

Young, S., Greer, B., & Church, R. (2017). Juvenile delinquency, welfare, justice and therapeutic interventions: a global perspective. BJPsych Bulletin, 4 (1), 21-29. Doi: 10.1192/pb.bp.115.052274.