Rethinking Juvenile Justice
It needs to determine if a young person, guilty of doing wrong, should forever be held responsible for the errors wrought throughout their life or that they are afforded yet another opportunity to start over.
Adult record expungement for juvenile offenses is only possible because people believe in human growth and lean toward the sympathetic view of others.
This system is fraught with challenges because it must serve justice to those that were wronged and also hold the perpetrator accountable for their actions.
A justice system has to set out basic principles, which creates reasonable balances for both these conflicting tensions.
Juveniles have necessary qualities that distinguish them from adult humans.
It is well-established that young people are not yet fully capable of making reasoned adult-level decisions and that they are particularly susceptible to social pressure and can be prone to engage in risky behavior.
The previous argument is that we should give young offenders the mechanisms for rehabilitation through a range of flexible punishment options rather than having them lumbered with convictions that dog them for life.
Young offenders should be given a fresh start, as rehabilitating young criminals suits the public support needs.
And without these opportunities, previous juvenile offenders are likely to find it difficult to fit into society. Because they have a permanent criminal record, individuals cannot find work which causes them to re-offend instead of being rehabilitated.
But this trauma resolution processes through to adulthood. People get less emotional pain when they can erase the crime — for victims and their families.
Why do people think that violent offenses must come more punishment due to the fact their crimes are serious breaches?
As well as the assessment of victim damages which have been done, so is needed assessment regarding offender rehabilitation prospects.
Treating every minor with similar leniency does not take into account the unique circumstances and severity of each case.
Not all juvenile offenses are of equal seriousness. Some degrees of wrongdoing are products of youthful irresponsibility; others are acts of intentional recklessness.
Without understanding the details of their crime, this practice of deleting records will erode peoples trust in the law.
Treating all minors with the same leniency is letting individual cases of severity and context fall through the cracks.
Although there are many different types of juvenile crimes, the legal system recognizes varying levels of severity among them.
The first category of crimes are born out of immaturity and misdecision making, while the second category includes those individuals who deliberately want to do damage.
Automatic deletion of criminal records will undermine public trust in the administration of justice where it occurs without consideration of the type of offence involved.
Having a process for case evaluation, wherein decisions are made on individual cases, leads to better outcomes than standardizing all cases under one rule.
Record expungement for young people who commit minor non-violent offenses give them real chances at new starts.
So how does a judicial system demand the different types of accountability necessary to address heinous crimes against children? This tells the people two contradictory forces exist in the society, as it holds out that men can change no less than society has to enforce its choice.
In order for justice to influence actions and restore, it needs to punish, but never just punish. Our system is capable of creating compassion through an understanding of the complexities surrounding youth behavior, while still protecting victim rights.
Minors should never be treated as adults and their entire activity should not be wiped from memory. Justice mandates that individuals learn from their actions as they atone for them as part of their growth process.
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