Not Kids Anymore: A Need for Punishment and Deterrence in the Juvenile Justice System

• NCJ Number: 189534
• Journal: Boston College Law Review Volume: 42 Issue: 2 Dated: March 2001 Pages: 391-419
• Author(s): Christine Chamberlin
• Date Published: March 2001
• Length: 29 pages
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

This article proposes a system of expanding the focus of the juvenile justice system to include punishment and deterrence in addition to the original goal of rehabilitation.

Abstract

Recent crimes committed by juveniles are significantly more serious than those the juvenile court system was originally designed to face. The publicizing of these incidents has led to public demand for stricter penalties. Many State legislatures have therefore enacted laws making it easier to try juveniles as adults. On the other side of the debate are those that feel that juvenile offenders still can be rehabilitated if treated as juveniles rather than adults and that getting tough on juvenile crime does not provide the answer. Many States have in fact shifted the focus of the juvenile justice system from rehabilitation to punishment and deterrence. In order to help reduce violent juvenile crime, it is believed that States should continue to expand the focus of the system to include punishment and deterrence in addition to the original goal of rehabilitation. The Massachusetts’ juvenile justice system combines the transfer of jurisdiction over certain juveniles to adult court with blended sentencing for other juveniles called youthful offenders. Blended sentences help rehabilitate youthful offenders by committing them to the Department of Youth Services until age 21 before a suspended adult sentence can begin. This can provide a longer time period in which the juvenile can reform within the juvenile system. The suspended sentence provides added incentive for the juvenile to reform. Because youthful offenders include some juveniles who are repeat offenders, blended sentencing gives them another chance to rehabilitate within the juvenile system. Sentencing guidelines allow youthful offenders to receive traditional juvenile sentences, which make up part of the individualized treatment upon which the juvenile system was founded. This provides an example of a system that best protects society from violent crimes committed by juveniles by balancing the goals of punishment, deterrence, and rehabilitation. 247 notes.