This theory is desirable because it informs the people that the society perceives to be of improper conduct. It channels the anger of the society away from personal vengeance and maintains social cohesion in the community (Martin, 2005)
The offender was mistreated until he confessed or died. Those who did not confess were executed in public as a way of teaching people that law breaking led to serious consequences (Matthews & May, 2007)
On the other hand, specific deterrence involves punishing an individual in order to prevent him form engaging in criminal acts. In addition, it involves reinforcing the criminal on the impacts of future crimes (McGarrell, 2008)
Most laws developed during the colonial period were strictly based on religion. Anybody acting against God wishes will be punished severely (Pollock, 2011)
The first among these was the treatment model, the philosophical basis of which was parens patriae -- the idea that the state should act as a fatherly guardian to address the roots of a delinquent behavior and instill the idea of social responsibility in the minds of the youth. Another model that came out of the same philosophy was the medical model, which argued that "youth crime is caused by factors that can be identified, isolated, and treated as though they were a disease" (Bartollas & Miller, 2008,p
There are individual risk factors such as lower intelligence, impulsive behavior, and uncontrolled aggression. There are family risk factors such as parental abuse (Ilhong, Ball, & Hyeyoung, 2010), lack of proper parental supervision, unstable parental relationships, parental disrespect for the laws and norms of the society, and the negative influences of older siblings (Craine, Tanaka, Nishina, & Conger, 2009)
The juvenile justice system should also uphold the rights and dignity of adolescents. Research shows that denying adolescents' constitutional rights in the courts, for example, makes rehabilitation process much harder, while upholding their rights may convince them that the laws are functioning and the system of justice is in place (Henning, 2010)
The scared straight program was developed in the 1970s which brought male and female juveniles "into the prison and subjected them to shock therapy consisting of threats, intimidation, emotional shock, loud and angry bullying, and persuasion. The idea was to literally scare them away from delinquency, to scare them straight" (Howell, 2009, p
There are individual risk factors such as lower intelligence, impulsive behavior, and uncontrolled aggression. There are family risk factors such as parental abuse (Ilhong, Ball, & Hyeyoung, 2010), lack of proper parental supervision, unstable parental relationships, parental disrespect for the laws and norms of the society, and the negative influences of older siblings (Craine, Tanaka, Nishina, & Conger, 2009)
Likewise, China's Delinquency Prevention Law of 1999 was a reflection of a traditional Chinese philosophy and thinking. The effectiveness of the law is still in question but the law also seems to be more fitting to the Chinese society (Lening & Jianhong, 2007)
There are family risk factors such as parental abuse (Ilhong, Ball, & Hyeyoung, 2010), lack of proper parental supervision, unstable parental relationships, parental disrespect for the laws and norms of the society, and the negative influences of older siblings (Craine, Tanaka, Nishina, & Conger, 2009). Other risk factors involve mental health problems (Mallett, Dare, & Seck, 2009) and the increasing level of substance abuse, both of which may lead to delinquent behavior
Community organizations can help juvenile delinquents to integrate better into the society and give up their anti-social activities. Cooperation and collaboration among all these stakeholders is also important because all are united by a common goal: prevention and treatment of juvenile delinquency (Mears, Shollenberger, Willison, Owens, & Butts, 2010)
Studies, however, are not conclusive on these causes and there is lack of empirical research on many of these risk factors. But there is empirical evidence suggesting that peer pressure and family influence are greater risk factors than other socio-economic and environmental factors (Noyori-Corbett & Moon, 2010)
However, the landmark moment came when the Illinois Juvenile Court Act was passed as the nation's first independent juvenile court in 1899. The principles that motivated the reformers who pushed for the Illinois Act were that children could not be held as accountable as adults, that the objective of the juvenile justice system should not be punishment but rehabilitation, and that the adolescents' special needs and circumstances should be taken into consideration in society's attempts to tackle juvenile delinquency (Siegel & Welsh, 2008, p
In 1949, the 14-25 age group was at 90 million. During the 1980s, the population peaked at, in 1987, 282 million (Bakken, 36)
This study will first determine what features are reflected by juvenile justice that are based on principles of restorative justice and will conclude with a comparison to the American juvenile justice system. Discussion The history of the modern Chinese justice system may be seen as a progression from a kind of Confucian communitarianism codified into communism by the Maoists, then proceeding to the end of the Cultural Revolution, and ridding itself of Confucianism to adopt a system based on the "rule of law," as opposed to one based on the "rule of man" (Braithwaite, 1999; Zhang, 2008, p
When Deng Xiaoping took over the leadership and guided the country toward an open free market system, he undercut several structures that the communists had built that had made the people more or less dependent on the state. One important one was the rationing system that since 1955 rationed and controlled the flow of consumer goods and food grains in an attempt to balance both demand and supply (Chen, 2005, 95)
Recent news reports from China report that rates of juvenile crime continue to surge yearly. In 2007, juvenile crime was reported as increasing 13% annually since 2000 (China Daily 2007)
One response has been to allow the children of migrant workers to attend schools without the usual fees applied to 'non-natives'(Wei, May 25, 2010). The State has responded with such measures as erasing juvenile criminal records and commiting billions to a fund for building welfare and community service shelter facilities for vagrant youth in all prefectures (Chuanjiao, March 26, 2009; "Welfare of children")
The youth of these families are often left unattended or even abandoned. A state body reported one million street children in 2009 (Jia, April 9, 2009)