For centuries, juvenile offenders were held to the same standard as adults, receiving matching
punishment and sentencing. In 1970, thanks to increased understanding of adolescent and child
development, legislation was passed in Massachusetts requiring juveniles to be handled
separately from adults (Schmalleger, 2020). Furthermore, the Illinois Juvenile Court Act created
in 1899 changed the model of the juvenile justice system (Schmalleger, 2020). The act changed
accepted terminology; youthful criminal activity became delinquency. In addition, it guided
judges to be advocates for juveniles; whereas, they had previously strived to serve as a punisher
(Schmalleger, 2020). The purpose of these changes was to help develop youth and give them a
chance for reformation rather than of retribution. In 1938, the Illinois Juvenile Court Act was
federally established to change all juvenile courts (Schmalleger, 2020). Unfortunately, even
though rehabilitation has always been an aspiration of the juvenile courts, they have not always
had a high success rate with utilizing tools and resources to found meaningful change and
sustained rehabilitation for the adolescent offenders they admit back into society. The tools used
to reform child offenders have borne adultification. Adultification is the processes that act to
impart adult responsibilities, behaviors, and treatment upon children (Arnett, 2018). The desire to
reform the treatment and sentencing of juveniles led to age restricted institutions such as the
Florida School for Boys (Arnett, 2018). It separated the youth from adults, but counterintuitively
created a pattern of treatment similar to those typifying adult institutions. For example, scholars
evaluating the juvenile justice system found similar practices from adult facilities: solitary
confinement, corporal punishment, physical restraints, and lengthy sentences (Arnett, 2018).
They concluded these practices were hampering the rehabilitative strides of the new juvenile
institutions (Arnett, 2018). In the current environment, adultification can be seen in electronic
monitoring. Electronic monitoring has been used as an alternative to punishment; however, it is
still punishment, just alternative sentencing. It is stigmatic shaming, a form of shaming that uses
embarrassment in an effort to bring about positive behavioral change (Schmalleger, 2020). No
one has studied the effect of electronic monitoring in the juvenile population; however, studies
do indicate the adult justice system’s use of electronic monitoring has only produced negative
results (Arnett, 2018). A device like an ankle bracelet impacts adult offenders’ relationships with
their families and friends, employment experiences, and their adjustment to communities.
Ostensibly, the effects on child offenders would be just as severe, if not more damaging. Isolation
does not serve to rehabilitate one within in their community. Such restrictions are staining,
marking the individuals with the costly label of criminal. Youthful indiscretions become an
unfleeting calling card that will burden the youth long after their adolescence and far beyond the
actual impact of their transgressions, ridding themselves of the opportunity to reconstruct a
healthy sense of self or identity.
“For it seemed good to the Holy Spirit, and to us, to lay upon you no greater burden than these
necessary things” (Acts 15:28). God gave his only son for us, to wash away our sins. He was
forgiving and loving. Why would this not hold true to how we treat offenders who make youthful
misdeeds? The juvenile system is supposed to help rehabilitate children, so they lead better lives
going into adulthood. If they are being labeled, not able to build a sense of self or a support
system within the community, this is a “greater burden than these necessary things”.
Arnett, C. (2018). Criminal law: virtual shackles: electronic surveillance and the adultification of
juvenile courts. Journal of Criminal Law & Criminology, 108(3), 399-454.
New King James Version Bible. (1982). Thomas Nelson, Inc.
Schmalleger, F. (2020). Criminal Justice Today (16th Edition). Pearson Education
(US). https://mbsdirect.vitalsource.com/books/9780135770702
Matthew,
I completely agree that adolescents are experiencing more challenges as they advance towards
adulthood, far more than the those faced by previous generations. Many of these challenges have
been brought on by technology. Just as you explained, “Previous generations did not have to deal
with cyber-stalking, cyber-bullying or other forms of negative influence such as social media and
texting.” Furthermore, technology’s negative impacts may exceed the grounds of cyberbullying
and cybercrime. Several studies are concluding too much screen time may cause behavioral
issues. However, the peril does not simply lie in raw screen time duration but the radiation
disbursed from these devices. Electromagnetic waves send out radiation disturbing brain function
and development. It is already known areas of the brain controlling emotion and impulsivity
mature faster than the areas associated with cognitive control and judgment. However, how is the
increased use of technology affecting these areas? Society should look further into this issue,
instead of calling for more punitive punishment on juvenile delinquency. Maybe delinquency is
increasing, but could it be caused by the environment we are raising our children in? Society and
the juvenile justice system should follow the teachings of James 1:19-20. “So then, my beloved
brethren, let every man be swift to hear, slow to speak, slow to wrath; for the wrath of man does
not produce the righteousness of God.” Maybe instead of calling for harsher punishment or
condemning our children, we should take action to truly be advocates for them, a mission more
in tune with the juvenile justice’s system’s original intents and purpose.
Berryessa, C. M. (2018). Potential impact of research on Adolescent Development on juvenile
judge decision-making. Juvenile and Family Court Journal, 69(3), 19–38.
New King James Version Bible. (1982). Thomas Nelson, Inc.
Sage, C., & Burgio, E. (2017). Electromagnetic fields, pulsed radiofrequency radiation, and
epigenetics: how wireless technologies may affect childhood development. Child
Development, 89(1), 129–136.
Joshua,
I enjoyed reading your discussion board. I would be very interested in knowing more about the
child who assaulted another person and was consequently sentenced to anger management
classes and demanded to write an apology letter. In addition, I would enjoy knowing the results
of this punishment; did he ever commit similar a crime afterwards? I may have to disagree with
your observation that this punishment method exemplifies to children that it is fine to commit
crime zero ramifications will follow. Dependent on further circumstances, this punishment may
have been the best for the juvenile. Harsh punishment is not the sole means for learning and
embracing culpability for one’s wrongdoing.
Proverbs 19:18 (New King James Version Bible, 1982) says, “Chasten your son while there is
hope, And do not set your heart on his destruction.” As a child is developing, they are learning
wrong from right. As someone who helps juveniles learn from their actions, we must not
condemn them with harsh punishments, but guide and teach them better decision making and
understanding the consequences. This may require punitive punishment on certain occasions but
showing compassion can reap better reward in guiding a child.
There are several differences in adults and juveniles, but particularly the developmental stage of
the brain and the breadth of understanding right from wrong. Scholars are even finding the
limbic system, which controls emotional responses to stimuli, matures during the teen years
(Berryessa et al., 2020). However, the frontal areas which are responsible for controlling
inhibition, judgment, decision-making, and planning, do not complete development until an
individual is around twenty-five years old (Berryessa et al., 2020). The Bible says much about
punishment, but more about forgiveness of an individual’s transgressions. In the end, Romans
12:19 says God is the final judge, so as earthly creatures we must remember He will repay those
who were misguided whether adult or juvenile.
Berryessa, C. M., & Reeves, J. (2020). The perceptions of juvenile judges regarding adolescent
development in evaluating juvenile competency. Journal of Criminal Law &
Criminology, 110(3), 551-592.
New King James Version Bible. (1982). Thomas Nelson, Inc.
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