Describe the two competing goals of the juvenile justice system addressed in the module: accountability and punishment of the Get Tough Era versus the original and more recent goals of prevention and rehabilitation. Then, take a position on these competing goals. Use the module readings, data presented throughout the module, and your theoretical/empirical/experiential perspectives to explain which philosophy is best for youthful offenders AND for public safety.
How do neuroscientific arguments regarding brain development and maturity influence your position?
Is one philosophy (rehabilitation or punishment) more effective? Can these two philosophies work alongside each other in a balanced system that improves youth outcomes AND protects the public? Make sure to support your position with a critical analysis of these different philosophies.
Sample Answer
The juvenile justice system has long been a pendulum swinging between two divergent philosophies: one that views the youth as a "criminal in training" and another that sees them as a "work in progress."
1. The Competing Goals
The "Get Tough" Era: Accountability and Punishment
Emerging in the late 1980s and 1990s—fueled by the now-debunked "superpredator" myth—this era shifted the focus toward retributive justice.
Philosophy: Juveniles should be held as accountable as adults for their actions.
Mechanism: Increased use of "waivers" to adult court, mandatory sentencing, and incarceration in facilities that mirrored adult prisons.
Assumption: Punishment serves as a deterrent and satisfies the public’s need for justice.
Prevention and Rehabilitation: The Original and Modern Goal
This philosophy harks back to the 1899 inception of the first juvenile court, which operated under the principle of parens patriae (the state as parent).
Philosophy: Youth are inherently different from adults; their crimes are often symptoms of environmental or developmental deficits.
Mechanism: Diversion programs, counseling, family therapy, and educational support.
Assumption: By addressing the root causes of behavior, the system can "rehabilitate" the individual, preventing future adult criminality.