LITERATURE REVIEW 1
Juvenile Sex Offender Options
Helms School of Governments Liberty University
Author Note
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Email:
LITERATURE REVIEW 2
Abstract
The purpose of this research is to look at the background information of sexual offenders
who are under the age of 18 and live in the United States. Children and adolescents who may be
sentenced to a period of jail or to a period of rehabilitation. The prevalence of recidivism among
juvenile sexual offenders and the role that mental illness plays in their behavior in addition, there
is the issue of whether or not therapy or incarceration is the better option. Or, if one or both of
these conditions must be met, the three most significant issues that must be discussed are those
listed above. Philosophical discussions have been held on whether or not therapy or punishment
is more effective. A concept of social justice has been developed via many interpretations of
philosophy. The incidence of repeat offenders is rather high, and several states have adopted
therapy as their guiding concept. Even if there is not enough consistency, there are other
psychological therapy approaches that are often used for treatment. These methods might be very
different from one another, but they all have a basis in the system. When dealing with adolescent
sexual offenders, there must be some element of instruction that pertains to sexual education.
Keywords: Treatments, Detention, Rehabilitation, Juvenile Sex Offenders, Justice System
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Juvenile Sex Offenders Options
Our country is plagued by a multifaceted social issue known as juvenile delinquency,
which has the effect of upsetting the social order of the community. Behavior that is unlawful or
criminal that is carried out in a community by persons who are under the age of 18 is referred to
as juvenile delinquency (Letourneau et al., 2010). If a person is found guilty of committing a
crime while they are still a minor, they will be brought before the juvenile justice system, where
a judge will appoint one for them and render a judgment. The question of whether or not
programs for juvenile delinquency should be seen as therapy or as a form of punishment has
been debated within the systems that oversee children and adolescents in need of protection.
Therapy is provided to juvenile sexual offenders; however, this treatment varies for each
individual, depending on whether they are receiving it in a correctional facility, as part of a
treatment program, or after they have been released.
The treatment of juveniles in today's contemporary times is much improved when
compared to the treatment of juveniles in days gone by. (Junger-Tas, 2012) This is the case when
comparing modern times to the past. There have been reports of children and adolescents in the
juvenile court system being subjected to harsh treatment. In the beginning, minors under the age
of 18 were given the same penalties for crimes as adults, regardless of their actual age (Junger-
Tas, 2012). The judicial system had come to the conclusion that every criminal case, regardless
of its severity or the age of the accused, should be handled by the system. However, this was the
beginning of the development of legislation pertaining to juveniles. As time went on and
civilization progressed, children and teenagers evolved into a distinct demographic, which was
facilitated by the establishment of child labor laws and other safeguards for their rights. Research
has been done to demonstrate the rights of minors and how to put the juvenile justice processes
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into practice. Youngsters under the age of 18 have a legal right to have their voices heard, and
this provides the children with a chance to make use of that right (Rap, 2017). The involvement
of juveniles is something that should be encouraged, particularly in their processes that aid with
their best interest and the safeguards in the system that are in place. This is because the
participation of juveniles is something that may help with their best interest.
The argument that the court system for juveniles should continue to be fair is presented in
the article titled "Race, Rights, and the Representation of Children." Unless eligibility for public
defense is determined by a parent's capacity or desire to pay for private legal representation for
their child (Feld & Moriearty, 2020). The dilemma of parents being unable to pay the expenses
of a lawyer, which leads to them ultimately deciding to go with a public defense lawyer as their
legal representation for their child. Children are negatively impacted by the expense of the
courts, and many of them do not have legal counsel because their families are unable to pay it.
There is a debate going on regarding whether or not the fees charged by public defenders and
courts need to be removed in order to make the justice system more accessible to those who are
financially unable to pay such fees. It is imperative that the judicial system be able to provide
assistance to parents who are seeking legal counsel for their minor children in the court system.
The authors Thomas and Stich claim in their essay titled "Why (Jury-less) Juvenile
Courts Are Unconstitutional" that the absence of a jury in the proceedings of juvenile court is not
only unjust but also in violation of the Constitution. The disposition of juvenile cases is left up to
the discretion of the court in most jurisdictions; nevertheless, there are no repercussions for the
judge's decision (Thomas & Stich, 2019). With regard to the Sixth Amendment, the Supreme
Court came to the conclusion that it did not apply to juveniles and that the focus of juvenile court
should be on the rehabilitation of the juvenile rather than the protection of their constitutional
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rights. The courts have also reached the conclusion that there is no need for the presence of a
jury in a court that deals with juveniles. Even while juveniles might spend years locked up in
detention institutions, this does not help them change their behavior or become productive
members of society.
Juvenile Sex Offenders
Teenagers who commit crimes before reaching the age of seventeen are considered to be
juvenile offenders. The juvenile justice system, rather than the adult criminal system, is
responsible for processing these types of offenders. Different state laws define different age
ranges for someone to be considered juvenile (Calleja, 2015, pg. 2-3). If there has been a sexual
crime committed by a juvenile, the juvenile might be branded as a juvenile sex offender since
they have committed a crime. Someone who has been called a sexual offender is someone who
has been found guilty of committing a sexual crime. According to Listwan (2013), "these crimes
may constitute everything from sexual assault to rape to sodomy to fondling to any kind of
forced sex act." When a juvenile commits a sexual offense, they are automatically put in
protective custody. This is due to the fact that the adult jail has an inmate code, and the juvenile
has no method of defending themselves. The legal system for juveniles now has access to a
method that can simultaneously punish and rehabilitate young offenders. There should be a
happy medium between therapy and discipline. Treatment rather than incarceration has been
shown to be more effective in dealing with adolescents who have been charged with sexual
offenses, according to research that has been conducted on the topic. There is little likelihood
that adolescents who are engaged in the system would experience unfavorable outcomes from
excessive involvement (Russell & Mansek, 2017, p.100).
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Rehabilitation V. Retribution
Particularly, there have been a lot of studies done in the field of psychology to illustrate
the differences between the brains of teenagers and adults. This is due to the fact that the brains
of teenagers have not evolved enough to provide them the capacity to regularly exercise
appropriate judgment and control of their impulses. There has been a discussion all around our
country that has gained study, and there is a choice that has to be made about whether or not
therapy or punishment is appropriate for criminals. There are situations in which adolescent
offenders get sentences that are more severe than what is appropriate for their offense.
Rehabilitation
"Treatment for delinquents may comprise group therapy, school-based treatments, and
community mentorship and activities," according to Listwan (2013). A person receives treatment
when they go through a series of activities or get services that are geared on rehabilitating them
and giving them the opportunity to make positive life changes. Treatment in the juvenile justice
system has to include activities that are clearly outlined and that actively include young people in
order to effectively rectify the delinquent conduct of these young people. The use of programs
offered via the juvenile justice system as a form of therapy will contribute to a decrease in the
number of offenses committed by juveniles. The rehabilitation programs would appear like
adults supervising, guiding, and mentoring adolescents while they were engaged in supervised
activities. It is not required that the treatment programs be administered only by probation
officers; rather, they may take place in a variety of settings, including schools, jails, or even the
individuals' own homes.
In the recent years, there has been a rise in the number of arrests of juveniles, and there
has also been an increase in the number of problems involving juveniles. There are a lot of
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concerns about why this is taking place and what can be done about it. Research has been
conducted in an effort to figure out why it is occurring in the first place. "Juvenile should be
aware that the activities they are required to go through are not punishments but rather a therapy
to help them become better adults in the future," "Juvenile should know that the activities they
are required to go through are not punishments but rather a treatment" (Hess & Wright, 2012).
There are evaluations that take place during treatment that assist with the historical life of
juveniles to help establish the underlying issue of the reason the juvenile perpetrated a crime.
these assessments take place in the context of the minor's therapy. "The evaluation procedure
may be rather complex in some circumstances; in other instances, the court may conduct an in-
depth investigation into the juvenile offender's past" (Listwan, 2013).
Retribution
The act of imposing a penalty on a person who has committed an infraction is known as
punishment; the goal of the act is to prevent the offender, in this case, a juvenile, from
committing the violation again in the future. The emotional, physical, and societal effects of the
penalties that are meted out to juvenile offenders are very much real. Juveniles are aware that the
punishment they must serve time for is a distressing experience, yet they have no choice but to
go through it because of the wrongdoing they have done. The system of justice for juveniles is
now at a crossroads on whether or not juveniles should indeed be punished or instead be forced
to undergo therapy. There are a variety of points of view about the various policies and
procedures that might assist in dealing with juvenile offenders. The next generation of
lawbreakers will have to contend with juveniles who mature into productive, self-monitoring
adults who obey the law.
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In the past, people who committed crimes were often executed by drowning, hanging, or
being burnt alive as part of their punishment. (Listwan, 2013). People have a tendency to see
punishment as an authoritative force that is applied to the body. The theory behind the approach
to therapy needs to be the major focus, while the application of discipline ought to be a
secondary concern. In the context of social justice, the concept of punishing young offenders is
misinterpreted. The use of punishment does not require doing checks on the offender's past;
rather, it focuses on managing the issue at present. Juveniles who are being punished are not
subjected to evaluation to learn the reasons they committed the offense.
Recidivism
The rate of a juvenile offender's recidivism may be determined by counting the number
of times they have been arrested for engaging in criminal activity over a certain time period.
According to Chavez (2012), "the propensity of the kids being unable to assimilate back into
their communities" is a contributing factor in the rising rates of recidivism among young people.
Many people question what the most effective method is for assisting adolescents who have
committed a crime, as well as how to react to them when they commit more crimes or repeat the
crime they have already committed. "Treatment ought to be the greatest strategy to handle and
assist adolescents to overcome juvenile delinquency," as the saying goes (Listwan, 2013). The
correct approach to treating juveniles and providing them with improved treatment options that
facilitate rehabilitation might lead to a reduction in the overall rate of recidivism.
Research has shown that there are communities that provide effective supervision as well
as high-quality treatment, which both work together to assist minimize the rate of recidivism. In
addition to the monitoring scheme, the state of North Carolina has also implemented community-
based therapy. the Second Chance Act, which is supported by the governments of the state,
LITERATURE REVIEW 9
municipal, and tribal communities, as well as charitable organizations. It makes it possible to get
the work done that needs to be done to cut down on recidivism as well as improve the result for
people who are released from state and federal prisons, as well as jails and juvenile institutions.
According to the findings of the research project that was carried out, "117 male juvenile
offenders were getting specialist reintegration assistance as a result of the second chance
legislation" (Calleja, Dadah, Fisher, & Fernandez, 2016). The Department of Juvenile Justice in
North Carolina allocates just 4 percent of its budget to the treatment of juvenile offenders, in
contrast to the 8 percent that is allocated to the provision of detention services. The therapy
alternatives available to juveniles are less of a priority in the state of North Carolina than the
juvenile correctional institutions. In North Carolina, juvenile offenders have their own court, but
previous efforts to meet the unique requirements of juvenile offenders older than eleven years
old have been unsuccessful.
Options
There are treatment options available for young people who have committed sexual
offenses. In the state of Louisiana, there was a program for young sexual offenders that ran for a
period of four years and was subject to research. The programs that are considered to be the
"Best Practices" for dealing with juvenile sexual offenders have as their primary goals the
maximization of the juvenile's family involvement and reentry, as well as the making of
additional connections to the neighborhood, friends, and culture, all while teaching. Strategies
for a healthy and effective reintegration, include modeling and mentoring. (Underwood, 2015,
p.19) There is a treatment program that operates on a statewide level, and its purpose is to
determine the requirements of adolescent sexual offenders. Along with,Fproviding appropriate
assistance in meeting those requirements. "The treatment program utilizes cognitive-behavioral
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therapy and behavioral methods, case management, psychiatric education, pharmacological, and
skill-based techniques as components of treatment" (Underwood, 2015, p.21). It has been
determined that cognitive-behavioral treatments are the most successful approach for the
treatment program that is being implemented statewide. Intended for kids who had previously
been judged to be repeat offenders or who had committed sexual offenses. The therapeutic
assistance is provided via the programs that are already in existence. As of now, 95% of
probation officers and social workers have completed sex offender-specific training courses. 2.
There would be six regional treatment programs, one for each service area. This would result in
six community re-entry (step-down) programs, one for each service area. Reentry services in
each service area would be improved via the development of six family intervention programs.
Involvement in the creation of training materials, assessment protocols, treatment protocols, and
probation/parole monitoring standards, among other things. 6. Ninety percent of the OJJ
approved practice model is significantly adhered to." As cited by Underwood (2015, p. 22)
Post-release supervision through probation is a practice that is common in both juvenile
and adult correctional facilities. Sexual offenders who are underage are given direction toward a
course of action that is suitable for them and shown to reduce the likelihood that they would
conduct such offenses again. There are several forms of probation, such as supervision in the
offender's own house, supervision in group homes, and supervision in camps. Aftercare
programs for adolescent sexual offenders who have participated in multisystemic therapy often
include both home-based supervision and placement in group homes. There is a reduced
recidivism rate among first-time violent juvenile offenders who get in-home probation as
opposed to placement in a more secure facility like probation campsF(Ryan, Abrams & Huang,
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2014). For adolescent sex offenders, this research found that in-home probation was the most
effective method for achieving positive self-identification.
Conclusion
It is inevitable that juveniles will perform criminal acts, which may be of a low-level kind
or violent in nature. The juvenile justice system is a convoluted system in which minors are
charged with and convicted of crimes that are often committed by adults. The majority of
juvenile offenders are tried and sentenced as adults. Children in our society have a dire need for
assistance, and our society as a whole has to step up to meet this need. Our children need both
education and support in order to reduce the likelihood that they will lead a life of delinquency.
Within the framework of the legal system, a wide variety of approaches to therapy and
retribution are available. Although a therapeutic philosophy is the most effective way to assist in
serving the needs of adolescents, our society often takes a more punitive approach. Both the
treatment philosophy and the transition would contribute to a reduction in the rate of recidivism
among adolescents.
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