Alternatives to detention
A juvenile is a person who by law is considered not to be an adult or a person who has yet to attain 18 years in age. If such a person commits a crime they are tried differently from an adult, therefore there are some differences between the justice systems for juveniles and adults. However, depending on the crime a person as young as 16 can be charged as an adult (legalmatch, 1)
Juveniles unlike adults are not prosecuted for committing crimes but rather for committing delinquent acts, this means that, juveniles are not considered criminals and are not convicted but instead are adjudicated delinquent. If the juvenile is being tried for extreme crimes such as murder they can be tried as an adult. Also repeat offenders can find themselves being tried as adults (sevens legal, 2).
Juveniles are tried in adjudication hearings as opposed to adults who are tried by juries in public trials. This means that the judge is the one who hears the evidence and ultimately makes the decision of whether the juvenile is a delinquent or not. The hearings of juvenile cases are also not open to the public. When a juvenile is found to have committed the violation he or she is referred to as an adjudicated delinquent as opposed to an adult who may be referred to as a convicted criminal (sevens legal, 2).
The adult crime system seeks to punish the offender but the juvenile crime system is more lenient and seeks to rehabilitate the offender. This means that it is easier to expunge the offenders record of a juvenile offender than for an adult offender (legalmatch, 1). It also means that alternative sentences other than imprisonment can be employed.
One of the alternatives to detention that courts use on juveniles is probation. When a juvenile is under probation they are allowed to live within their communities under court supervision. They are required to maintain good behavior, attend and participate in school activities, volunteer in community projects and go to work for those who have a job (MST services, 3). Probation helps offenders correct their behavior without pulling them away from their communities.
Another alternate to detention is diversion this is where a juvenile especially a first offender is steered away from the justice system. Diversion can be implemented even before the offender gets to the justice system, they can include counselling and restorative justice (Farrell,4). Diversion often involves the law enforcement, offender and the community.
Offenders can also be sentenced to community service where they are required to work in their communities for a certain period of time without pay. Community services is also often done in the general area that the offender lives. Community services may be seen as repayment of the offender to their community.
Some of the benefits of imposing non incarceration for juveniles include, the juvenile is able to correct their behavior without removing them from their environment. When they are out they can be able to work and improve their communities instead of being in detention which is a cost to the state. Diversionary programs ensure that the offender does not have to live with the stigma of being labeled as a delinquent (Farrell, 4). Counselling also ensures that the mental health of offenders is taken care of and are taught how to deal with different situations and the community around them.
Sources
- Legal match. 2020. Juvenile vs adult criminal system. https://www.legalmatch.com/law-library/article/juvenile-vs-adult-criminal-system.html
- Sevens legal. No date. Adult crime and juvenile crime system differences. https://www.sevenslegal.com/criminal-attorney/adult-crime-system-juvenile-crime-system/236/
- MST services. 2018. How can juvenile probation help at risk youth? https://info.mstservices.com/blog/juvenile-probation-at-risk-youth
- Jill Farrell. 2018. Best practices in youth diversion. https://theinstitute.umaryland.edu/media/ssw/institute/md-center-documents/Youth-Diversion-Literature-Review.pdf
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