Juvenile Delinquency and the Juvenile Mediation Program

Juvenile Delinquency and the Juvenile Mediation Program
Jeannette Villatoro
Crime Prevention BLH1032A
Jennifer Hacker
September 6, 2010









Juvenile Delinquency and the Juvenile Mediation Program

Crime is a matter that has plagued society since the beginning of documented time. Crime originates in vast proportions and alarmingly stems from childhood. Traumatic events and less than ideal life circumstances perpetuate severe damage in juveniles and provide explanation for delinquency. Crimes committed by juveniles pose a distressing threat to society as a whole. Preventing crime continues to be a staple intention within the field of law enforcement. By evaluating the effects that juvenile delinquency has on the community and closely connecting that community with the rehabilitation process of juveniles, programs such as the Juvenile Mediation Program can become a necessary force to eradicate juvenile delinquency and the causes of such a problematic dilemma.

History

Juvenile delinquency has been a serious problem in society throughout the ages. Particularly during the American Revolution, the justice system was stalwartly influenced by England (Bartollas, & Miller, 2008). The code in which to punish criminals was unsteady at best without any formal reason governing how to deter and punish crime. Men, women, juveniles, and the insane were commonly thrust together in prisons and jails (Bartollas, & Miller, 2008). This haphazard approach led to much disarray within the justice system. Transition proceeded to elicit hope within the broken justice system during the early 1800s when rural life was dissipating and delinquency was on the rise (Bartollas, & Miller, 2008).

Slow-churning change weaved in and out of the justice system in a manic fashion to try and solve the delinquency problem that was spreading among communities. It was quickly realized that life at home bore many consequences for juveniles, as psychological analysis and psychiatry began to advance more quickly. Social reform began to explode in the nineteenth century and this perpetuated many facilities for delinquent and troubled youths (Bartollas, & Miller, 2008). This brought a new understanding about the sensitive needs of juveniles and the importance of rehabilitation. The first juvenile court in the United States was launched in Cook County, Illinois in 1899 (Bartollas, & Miller, 2008). Cases were handled as non-criminal and programs were put into practice to aid in deterring juveniles from following a criminal path. This encouraged other states to follow suit and the juvenile justice system was flourishing a century later.

The juvenile justice system started to work out the kinks around the 1960s after the Supreme Court began to hear some cases and ruled in ways that would significantly shape juvenile justice. The first case heard by the Supreme Court was Kent v. United States, 383 U.S. 541 (1966). This case involved the violation of rights of the defendant and subsequently influenced the activation of due process in juvenile court (Bartollas, & Miller, 2008). From this point forward, it has been a dire focus to implement the proper rights to juvenile defendants to ensure justice. Through a glum view of the history of juvenile justice and the many failures that has led to pestilence, it is clear that innovative techniques must be implemented with powerful strategies to combat juvenile delinquency.

According to Mike Castle, the findings of the U.S. Office of Juvenile Justice and Delinquency Prevention show that “police annually arrest approximately 2.2 million juveniles; 1.7 million cases are referred to juvenile courts; an estimated 400,000 young people cycle through juvenile detention centers; and about 100,000 youth are detained in juvenile jails, prisons, boot camps, and other residential facilities each night” (Castle, 2010, p.1). Additionally, according to Congress, juveniles accounted for 13% of all drug abuse violations in 1999 (Juvenile Justice and Delinquency Prevention Office, 2002). These staggering facts show that the effects of juvenile delinquency are plentiful. Juveniles suffer from criminal behavior, as do their families, their victims and the victim’s families, as well as society and the justice system. Therefore, the betterment of the juvenile justice system is a concern for society as a whole, not excluding the individuals affected directly by a particular criminal act or juvenile delinquent.

It is difficult for a young juvenile offender to see the broader picture of their criminal behavior. Yet, society as a whole suffers greatly from the crimes of juveniles. The social and financial repercussions of juvenile crimes are immense. As stated by the Office of Juvenile Justice and Delinquency Prevention, “allowing one youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually” (Juvenile Justice and Delinquency Prevention Office, 2002, p.4). Because influence is a strong factor in the lives of juveniles, siblings of delinquents and other youths associated with a juvenile delinquent may be negatively persuaded to enact similar crimes. When the juvenile exuding criminal behavior becomes an adult, it is highly likely he or she will continue crime if not properly rehabilitated. This will cause more financial burden to society and will perpetuate more generations of juvenile delinquents stemming from the kin of that particular criminal (Taylor, et al., 2010). Therefore, it is quite momentous to develop prevention strategies while a juvenile delinquent is still young and the criminal activity is just beginning as to eradicate the unnecessary but inevitable corollaries that will be a result.

Juvenile Mediation Program

Juvenile justice is a sensitive area because of the nature of the offenders. Juveniles are not fully developed intellectually, socially, or physically and this poses a difficulty for the juvenile justice system. Typically, the United States has been known for utilizing punishment as the general instrument for justice for over forty years. However, studies have shown that punishment alone promotes failure in preventing juvenile crime and even shows a destructive pattern of backfiring (Taylor, et al., 2010). Consequently, it is indispensable to acknowledge the special circumstances that help attract juveniles to criminal tendencies. Preventing these patterns of destructive behavior is surely a difficult challenge.

One simple but effective milestone in defeating this seemingly stringent string of delinquent acts and behaviors is that of mediation. The utilization of mediation particularly among juvenile offenders has shown to be an effective tool for fighting recidivism (Champion, 2007). While some crime prevention programs strictly target preventing crime from all of society, the Juvenile Mediation Program is one of those rare programs that focus on specific deterrence. Each individual offender is the key component to the program and preventing further crime from occurring is the goal of an intervention of mediation. Providing a neutral process that allows individual parties to work out their differences provides much more than mere conflict resolution where juvenile delinquency is concerned. It provides a sense of responsibility, adequate conflict techniques, and it aids in showing juveniles that violence and crime are not the answers to dilemmas. All of these factors have been proven to be necessary tools to avoid juvenile delinquency.

The Juvenile Mediation Program was established in 1997 and continues to flourish in six separate counties and has become promising enough to guarantee an adoption from other jurisdictions in the United States (Champion, 2007). As stated by Champion, “the program staff includes a program director, program coordinator and two case managers” and the staff is made up of volunteers (Champion, 2007, p. 426). Status and nonviolent juvenile offenders are eligible to participate and there are no fees for the juveniles to belong to the mediation program (Champion, 2007). Victims of juvenile crime are encouraged to participate in the mediation process if it is desired and appropriate (Champion, 2007).

Mediation is an element of restorative justice that shows promise and gentle movement. Although it is not a legal process, the Juvenile Mediation Program is an alternative to regular court that allows the offenders to work out issues and decide on a proper course of action (Champion, 2007). Mediation helps to lessen the need for court appearances by juveniles which cuts costs tremendously. In addition, it has been shown that juveniles are both intimidated and discouraged by the formal court system and the presence of a judge, possibly compromising rehabilitation (Cohen & Piquero, 2009). The juvenile must admit guilt of the offense and waive his or her rights which constitute a waiver of legal proceedings and having witnesses or a lawyer present (Champion, 2007).

The objectives of the mediation are to provide counseling, resolution, and rehabilitation measures to the juvenile offender (Dixon, 2010). A dialogue begins about the offense and the consequences that have or will occur because of the infraction. The offender has the ability to participate in the process and this allows the juvenile to understand cause and effect and how to resolve issues without criminal mischief. A written contract is then negotiated for the families of the offender and the mediator monitors the juvenile’s progress of the conditions of the contract (Champion, 2007). Because of the nature of the offenses which can be anything from truancy, curfew violations, drug possession, shoplifting, and assault, the mediation program aims to pursue prevention methods that deal directly with the aspects of the offense (Champion, 2007). Elements such as counseling, substance abuse programs, restitution, community service, and behavior management may be significant aspects of the contract (Champion, 2007). Evaluations are reported on a regular basis to ensure implementation of the necessary requirements of the juvenile offender.

The Juvenile Mediation Program is unique because it relates to specific crime deterrence of each individual after an offense was committed. Moreover, the Juvenile Mediation Program readily associates with techniques utilized by law enforcement agencies to evaluate and prevent future crime. One of these tools is the crime triangle, in which the evolution of crime is easily explained. Three elements are highlighted such as desire, target, and opportunity (Hurtt, 2009). The idea is that if one of these elements is destroyed, the criminal act may cease to happen (Hurtt, 2009). The most effective strategy that mediation aims for is that of reducing desire. When a juvenile offender has a desire to commit an offense, there is usually a lack of understanding of consequences along with a myriad of other underlying issues in that juvenile’s life. Mediation does occur after a crime is committed, but because the likelihood of a juvenile reoffending is great, reducing desire helps to demolish the cycle of crime, thus preventing crime in a most vigorous way.

Analysis of Success

Since inception, mediation programs aimed at juvenile offenses have gathered recognition in the law enforcement community. Although mediation seems to be a mild form of crime prevention, it indeed serves the purpose quite well. In fact, it is purported that nearly 17% of all arrests in the United States in 2002 were juveniles (Koffman, et al., 2009). This alarming statistic generates a major concern as it shows that juvenile crime is a meaty proportion of all crime in the United States. Furthermore, statistics have shown that at least 35% of juveniles arrested for an offense continue criminal behavior in their adult lives (Koffman, et al., 2009). Programs such as mediation help to provide alternative means of crime prevention than formal legal proceedings. It allows the special nature of juvenile issues to be handled in a way that protects and supports the juvenile. Mediation provides incentives for juveniles to do better as the juvenile offender is more directly liable to the victims, families of the juvenile, and the community in which the offense was committed.

According to a study of mediators in the Juvenile Mediation Program, 70% claim they believe they have changed the lives of the juveniles and provided excellent resolutions to the issues that were mediated (Dixon, 2010). Furthermore, in 1997 findings showed that the Juvenile Mediation Program had a 93% successful mediation rate (Champion, 2007). One study assessed the number of court appearances and user satisfaction in comparison to a control group that consisted of traditional litigation (DiPentima, 2009). In these randomly assigned cases, the results showed that the average number of court appearances were lower for the experimental group of mediation cases (DiPentima, 2009). Additionally, the average time to complete the process was much lower for the mediation group with an average of eighteen days less (DiPentima, 2009). The results significantly showed less recidivism for the experimental group consisting of mediation cases rather than traditional litigation for juveniles (DiPentima, 2009). In addition to the staunch success of the program, financial relief is a major component to the Juvenile Mediation Program. Shockingly, it was discovered that $3,227,798 would be saved by instituting juvenile mediation services. Finally, one particular meta-analytic review of an experimental study involving a fusion of intervention and mediation programs showed a 75% diminution of delinquency among the juvenile participants (Piquero, et al., 2009). These statistics show an enormous growth in juvenile crime prevention through mediation.

Effectiveness and Societal Impact

The effectiveness of the Juvenile Mediation Program shines prominently through the statistical analysis of success. Yet the effectiveness reaches far beyond simple crime prevention and specific deterrence. The influence of caring authorities such as mediators and other staff of the Juvenile Mediation Program have a significant bearing on the juvenile’s perception of criminal behavior and future life goals. Mediation is a more personal and impactful experience than a traditional court hearing in which the juvenile may feel more like a number in an assembly line. A juvenile offender in the mediation process is treated with more respect, recognition, and trust that their behavior and actions can and will change. The juvenile offender has a realization that the offense and behaviors he or she adopted has ramifications beyond the scope of justice. Victim participation, family intervention, and probationary follow-up provide a connection of successful rehabilitation in a manner that the juvenile can readily understand and accept.

When a juvenile is recovered from criminal tendencies, a society will continue to flourish in immeasurable ways. Because it has been realized that juvenile delinquency is commonly replicated in communities just by peer initiative alone, the reduction of such behavior is a necessity for a safe community to abound (Castle, 2010). Furthermore, the onset of juvenile crime promises an even more disturbing onset of crime in society. By focusing on specific crime deterrence through one-on-one programs such as the Juvenile Mediation Program, society is taking a responsibility in our youth, the lives of civilians, and the future that we expect to inherit.

Future

Juvenile delinquency has been, and will continue to be a continuous threat to future generations. It is highly important to develop creative techniques to prevent juvenile delinquency. Juvenility is a sensitive time in the life of a person; a time in which comprehensive change is possible and a lack of positive change is detrimental. Predictably, new measures of handling juveniles and guaranteeing juvenile rights will be fine-tuned in the court systems over the next century. The Juvenile Mediation Program is the innovator of such measures and promises a future of better handling of juvenile cases. An expansion of the Juvenile Mediation Program is expected to occur in other counties, districts, and states throughout the United States (Champion, 2007). In order for this development to transpire, there needs to be advancements within the program to ensure success. More comprehensive studies will have to be implemented to continue to monitor and evaluate the success of juvenile mediation. It is predicted that the use of information technology to develop the program further may ensue based on study results and real case analysis (Champion, 2007). Once these advancements can be made, success may be more prominent and obvious when compared with the traditional methods of handling juvenile cases.

For juveniles today, the traditions and patterns that transition a child through adolescence and adulthood are obscured with many negative factors. Because of the nature of juveniles, the way juvenile offenders are handled has been recently recognized as the key component to crime prevention. Juvenile delinquency is a community and societal problem that continues to become an increasingly staggering threat. By connecting victims, families, communities, and offenders together to resolve issues, responsibility and understanding is required and therefore exercised. With careful handling of juvenile offenders, the Juvenile Mediation Program has provided an alternative to court sentencing in a manner that rehabilitates juveniles and the community while initiating recognition that is necessary to prevent crime in the future. The promising future of juvenile mediation is one to be expected, relied on, and fully supported.

References

Bartollas, C., & Millers, S. (2008). Juvenile justice in America (fifth edition). Upper
Saddle River, NY: Pearson/Prentice Hall.

Castle, M. (2010). The Safety of our youth. Ripon Forum, 44(2), Retrieved from
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Champion, D. (2007). Crime prevention in America. Upper Saddle River, NJ: Pearson/Prentice Hall.

Cohen, M., & Piquero, A. (2009). New evidence on the monetary value of saving a high
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DiPentima, N. (2009). Useful information about dispute resolution. Retrieved from http://bostonlawcollaborative.com/blc/resources/useful-information-about-dispute- resolution.html.

Dixon, B. (2010). Juvenile victim/offender mediation program. Retrieved from http://www.fccourts.org/drj/juvmed.html.

Hurtt, H. (2009). Crime triangle. Retrieved from http://www.houstontx.gov/police/pdfs/personal_safety-042108.pdf.

Koffman, S., Ray, A., Berg, S., Covington, L., & Albarran, N. (2009). Impact of a
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Office of Juvenile Justice and Delinquency Prevention (2010). Statistical briefing book. Retrieved from http://ojjdp.ncjrs.gov/ojstatbb/default.asp.
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