Juvenile Justice System in the Essay

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Some of the guidelines have, as Mears indicates, "…veered strongly toward retribution and incapacitation." To wit, politicians run for office on promises to get tough on crime, and hence they pass laws like "three strikes" and "zero tolerance" that do not allow for sentencing that is based on the offender's age, his background, and his previous record (Riestenberg, 2006). The solution that should be sought would be having the court "consider the needs of the offender" and how to go about meeting those needs (Mears, 2002).

Question one (d): A system of graduated sanctions that offers a flexible option for prosecutors and judges would be ideal in the juvenile justice system. One of the "treatments" (or policies) that is offered as a sanction that has a positive aspect to it is restorative justice, where the person committing the crime is brought together with the victim. This has been used as a response to "crime, bullying, and disciplinary violations," and Riestenberg sees it as an intervention that offers a degree of accountability, fairness and responds to "unique events" (Riestenberg, 2006). This would be graduated based on the seriousness of the offence.

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The relevant trade-offs: In the case of restorative justice, the state or county makes a valiant move to bring the offender to a point where he can learn empathy and forgiveness; the trade-off is the savings in staff and expenses for keeping the adolescent in juvenile detention. In the case of repeat violent offenders, the boot camp model -- despite incomplete empirical research -- is seen to be cost-effective and can provide a nurturing albeit strict life-style change for the offenders (Bottcher, et al., 2005). The trade off is getting the offender out of an institutional setting and into a natural world setting, which is less stifling and offers physical exercise as a way to blow off steam.

In conclusion, the problems associated with juvenile lawbreaking and the various government approaches to punishment and rehabilitation have not been solved and may not be resolved in the foreseeable future. What is certain, and this was covered in this paper, is that a balance should be achieved between the need to punish and the need to help the offender….....

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