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Retribution or Rehabilitation: Juvenile Sex Offenders
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:
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Abstract
The focus of this research is on adolescent sexual offenders in the United States who are
facing the possibility of incarceration as well as treatment options. There have been a lot of
discussions over which philosophical approach is best for young people. The prevalence of
recidivism among adolescent sexual offenders, the contributions of mental illness, and the
question of which option is preferable are the three most important concerns that need to be
addressed. Either treatment or incarceration, or maybe both, may be necessary. There have been
philosophical discussions over whether therapy or punishment is more effective, and these
discussions have prompted disagreement. Through many philosophical approaches, the concept
of social justice has emerged throughout time. The percentage of repeat offenders is rather high,
and many jurisdictions have adopted the treatment philosophy as a response to this problem.
There are other psychological therapy approaches that are often used for treatment. While these
methods differ from one another, they all have a basis inside the system, despite the fact that
there is not enough consistency among them. When working with juveniles who have committed
sexual offenses, there must be some element of training that pertains to sexual education.
Keywords: Rehabilitation, Retribution, Juvenile sex offender, Corrections, Mental Health
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Retribution or Rehabilitation: Juvenile Sex Offenders
There have been many years since the establishment of the juvenile justice system. In
conjunction with this, there have been disputes on the appropriate course of action that programs
for juvenile delinquency should be on, whether that course of action is therapy or punishment.
There are distinct disparities between therapy and punishment; the question is, which one is most
appropriate for each juvenile offender. "The oldest set of rules controlling children did not
concern themselves with the care and well-being of children" (Listwan, 2013). Juveniles who
have been proven to have committed crimes are subject to the application of certain penalties.
Throughout the initial periods of juvenile justice, there were certain rudimentary forms of
confinement that were used. As a form of punishment, keeping juveniles locked up is common
practice; this strategy is recognized to be effective for a number of different processes. These
may take the form of crumbling structures, underground mines, or confined spaces.
The method for releasing juveniles from detention has been updated recently. Because of
these modifications, initiatives have been able to get off the ground. All of the programs focus on
rehabilitating adolescents rather than punishing them as much as possible. "One notable example
is in the state of Ohio, where they have a policy known as RECLAIM Ohio" (Listwan, 2013).
One approach to dealing with delinquency in young people is via treatment. It is now a part of
the system that handles cases involving juveniles in today's society. The decision to alter the
policy was decided when it became clear that putting criminals in jail did not improve their
situation in any way. Within the juvenile justice system, the primary purpose of punishment is to
instill fear in young offenders. This is done to ensure that they will not commit any other crimes
in the future.
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There was a gradual increase in the number of children exhibiting sexual behaviors
beginning in the early 1980s. In a sad turn of events, they started a period of fast expansion in the
1990s. It's common for children who have trouble learning to also engage in risky sexual
practices. This is especially true for children who have learning problems. When dealing with
instances involving sexual offenses committed by juveniles, it is necessary to take the juveniles'
mental health as well as their legal circumstances into consideration. The treatment programs for
sexual offenders who are under the age of 18 now use a new paradigm. Rather than the previous
program, which was the same as a program for adult juvenile sexual offenders. These habits have
been shown by a significant number of adolescents for the simple reason that they have picked
them up in their own lives. These real practices, behaviors, or acts of violence may have been
observed by juveniles either inside the household in which they were raised or within the
community in which they reside. Sexual offenders under the age of 18 should be offered therapy
rather than punishment.
There are a great deal of ambiguities that need to be clarified within the framework of the
juvenile justice system. This is to contain information on how therapy and punishment may serve
as corrective activities prior to being returned into society. "Programs concentrate on the
circumstances that might contribute to delinquent conduct such absenteeism, bad parenting, and
prenatal exposure to toxins" (Listwan, 2013, Sect 10.2). There has to be a therapy that may assist
them in getting through these difficult periods. In addition to demonstrating to them that there are
alternative appropriate ways to conduct themselves, The patient may get treatment in a variety of
settings, including individual therapy, group therapy, school initiatives, or community activities.
The therapy may take place in a variety of settings, including the patient's home, a correctional
facility, or a school. Additionally, there is the possibility of instituting preventative measures in
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the form of programs. These would be to assist in reducing the likelihood of adolescents
engaging in the behaviors in question. (Listwan, 2013, Sect 10.2)
Framework
The complicated social issue of juvenile delinquency is one that is disrupting the
community's social structure and causing disruptions. When a child engages in behavior that is
against the law or criminal in nature within the community, this is considered to be juvenile
delinquency (Letourneau et al., 2010). After a juvenile offender has been caught committing a
crime, a judge will be assigned to hear their case. The system of justice for juveniles allows for
the discussion of the experiences that have been gained via various programs. These programs
are meant to either serve as a kind of therapy or punishment for delinquent behavior among
young people. When compared to the way it was done one year ago, the treatment of juvenile
offenders has been modified (Junger-Tas, 2012). Treatment is necessary for juveniles, regardless
of whether it takes place in a juvenile jail institution or a treatment center.
They are subjected to cruel and brutal treatment during their time in the juvenile court
system. In the beginning, the juvenile justice system was exactly the same as the system for
adults (Junger-Tas, 2012). The judicial system underwent significant advancements as time went
on, which is to say that it improved. They have begun to come around to the idea that juveniles
should really be tried in a separate court and that there should be specific rules governing minors.
The establishment of labor laws and laws protecting the rights of children were two of the first
steps in the process of gradually transforming society. Investigations on the ways in which the
rights are exercised have been carried out. Rights that would protect minors, as well as the
processes that make up the juvenile justice system. "Children have the right to speak their views,
and this provides them with a chance to do so, which in turn helps them to exercise their rights."
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(Rap, 2017). During their proceedings, minors should be actively participating in whatever
activities are being offered to them. This is due to the fact that it is encouraging that protections
in addition to the best interests are in place.
The argument made in the article titled "Race, Rights, and the Representation of
Children" is that the judicial system for juveniles should continue to be fair even if eligibility for
public defenders is determined by a child's parent's capacity or desire to pay for legal
representation (Feld & Moriearty, 2020). There are various problems associated with the price
that courts charge. Due to financial constraints, the parents of some minor children are unable to
cover these costs. It is argued in Thomas & Stich's essay titled "Why (Jury-less) Juvenile Courts
Are Unconstitutional" that the absence of a jury in the processes that take place in juvenile court
is not only unjust but also violates the Constitution.” When it comes to situations involving
juveniles, the choices that are made by judges in each jurisdiction are different from one another.
In addition to this, the decision will not have any impact on anything (Thomas & Stich, 2019).
The Supreme Court of the United States decided that the Sixth Amendment guarantees the right
of minors to be rehabilitated. Juveniles who are sentenced to prison do not benefit from their
incarceration; rather, it does more damage than good.
Juvenile Sex Offenders
The rules pertaining to juvenile sex offenders apply to anybody under the age of
seventeen who is found guilty of committing a sexual offense. “If a minor is found guilty of
sexual offenses, they will be processed via the juvenile justice system rather than the adult justice
system. Different state laws define different age ranges for someone to be considered juveniles”
(Calleja, 2015, pg. 2-3). A minor must be found guilty of committing a sexual offense before
they may be labeled as a sexual offender. “These crimes may include sexual assault, rape,
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sodomy, fondling, or any forced sex act. Other forms of sexual misconduct are also included”
(Listwan, 2013). Protective custody is assigned to a juvenile who has been committed to an adult
institution for the commission of a sexual offense against another minor. This is done to
safeguard them from the occurrence of whatever it is that would otherwise take place since they
are unable to defend themselves. Young people who commit sexual offenses have a greater need
for rehabilitation compared to their requirement for punishment. There are low-risk systems
involved in which juveniles might incur unfavorable outcomes from over-involvement (Russell
& Mansek, 2017, p.100). The administration of therapy and the serving of time in jail or on
probation both have their place. Cognitive Behavior Treatment (often known as CBT) is a kind
of therapy that has shown to be effective for treating minors who have been convicted of sexual
offenses.
Retribution V. Rehabilitation
Study conducted in the field of psychology has shown that the brains of teenagers and
adults are fundamentally distinct from one another. The brains of adolescents are not yet fully
matured, and as a result, they lack the capacity to exercise self-control and sound judgment. The
decision of whether or not the offender should be subjected to therapy or punished is one that has
to be taken with the offender's wellbeing in mind. There has been much back and forth within
our culture about the rights of criminals and those who have broken the law. As a result, a
significant amount of new research has been accumulated as a result.
Rehabilitation
According to Listwan (2013), "Treatment for delinquents may comprise group therapy,
school-based treatments, and activities associated with community mentorship programs." The
purpose of treatment is to assist a person in becoming more functional via the provision of
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predetermined activities or services. These therapies are intended to provide the individual with
an opportunity to make positive changes in their life. It is necessary to determine whether or not
a young offender has engaged in criminal activity. In addition, treatment is provided within the
framework of the juvenile judicial system. Which might help in the capacity to deliver the
penalty, together with the remedy to address the illegal conduct. The increased use of programs
offered by the juvenile court system as a kind of therapy to assist in the reduction of criminal
behavior among juveniles. There are also programs available for juveniles who are looking for
supervised time, advice, assistance, and mentorship and who are interested in participating in
such activities. The programs are able to run in a variety of settings, including homes,
correctional centers, and schools.
Over the course of the previous several years, there has been a noticeable increase in the
number of arrests made involving children and adolescents. “Juveniles need to understand that
the activities they are required to participate in are not punishments for the misbehavior they
have committed. But rather, a therapy that will help children mature into more responsible
people in the future” (Hess & Wright, 2012). Assessments have been carried out in order to
provide assistance in the formulation of treatment plans. Programs that would aid in gaining
background information on the lives of juveniles and determining the reasons individuals
committed a crime would be helpful. “The evaluation procedure might be somewhat extensive in
certain circumstances. On other occasions, the court may conduct an investigation into the
juvenile offender's past directly” (Listwan, 2013).
Treatment is a strategy to treat troubled teens and young adults before they mature into
adult criminals. In addition to receiving treatment, the juvenile offender will participate in
counseling as a means of receiving assistance. Cognitive behavior therapy seems to be the most
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effective treatment that has demonstrated positive results with adolescents. This is due to the fact
that there is a greater emphasis on hands-on learning. Cognitive therapy is beneficial in assisting
with comprehensive evaluations. For example, assisting the offender in comprehending the
reasons behind their criminal behavior. “CBT refers to a larger cognitive concept known as
executive functions. These functions include self-monitoring, inhibition, cognitive flexibility,
attention, working memory, and self-monitoring” (Miyaguchi, & Shirataki, 2014). There have
been some evaluations and progress made to assist with the problem of sexual offenders among
juveniles. As well as, how to make cognitive behavioral therapy (CBT) more successful for
adolescent sexual offenders. One-third of the total number of sexual crimes that have been
reported to the authorities are committed by adolescents. Sexual offenders who are still juveniles
perpetrate crimes against other children; the victims are mostly younger youngsters and might be
masculine as well (Finkelhor, Ormrod, Chaffin,2009).
Retribution
A person who has committed a crime should be subjected to some kind of punishment,
which may include the infliction of physical suffering. The mental health, bodily health, and
social circumstances of a juvenile who is about to be punished may all have an influence on the
adolescent. Juveniles are aware that the consequences of their criminal behavior must be endured
in order to learn their lesson. There are several techniques and police departments out there, each
with their own unique point of view about how best to assist juvenile offenders. The goal is for
the juveniles to eventually mature into law-abiding adults who are productive, able to self-
regulate, and who respect the law. “The practice of drowning, hanging, or being burnt alive
while still alive was a common form of capital punishment in the past” (Listwan, 2013).
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Those who are found guilty of committing crimes are subject to receiving punishment.
Retribution, deterrence, and rehabilitation are the three main goals that may be accomplished via
the use of punishment. The purpose of retribution is to make society safer and to alleviate the
suffering that the offending youth has had as a result of their incarceration. The concept of
deterrence refers to the process of stopping young offenders from continuing their criminal
behavior. In the process of rehabilitation, many programs geared toward juveniles are developed
in order to assist in the process of behavioral modification among juvenile offenders.
Reoffending
“There has been a noticeable increase in the number of juveniles who are repeat
offenders. The reason for this is that there is a trend among young people to be unable to
reintegrate themselves into their communities.” (Chávez, 2012) In the context of criminal
activity, recidivism refers to doing the same illegal act over and over again over an extended
length of time. The number of arrests that a child has is used as a measurement for the likelihood
that they would commit other crimes. There are a lot of different points of view on the most
effective way to aid juveniles and what the most effective response should be. “The most
effective method for combating and assisting adolescents and young adults in overcoming
delinquency should be treatment” (Listwan, 2013). The rate of those who commit crimes again
should be lowered. On the other hand, this would imply that adolescents would have to quit
engaging in illegal activity. In addition to this, the patient should be presented with a more
favorable treatment alternative. Research has been done to assist in providing effective
supervision of juveniles, and this research has been made available. In addition to a high-quality
treatment community that may assist in reducing the number of repeat offenders.
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Programs Options
North Carolina Programs
The state of North Carolina has initiated a supervision program with the goal of
developing community-based parallel structures. The Second Chance Act is often supported by
state governments, municipal governments, tribal governments, and nonprofit organizations. The
Second Chance Act provides the legal framework for the important work that must be done for
juveniles. in addition to this, it assists in the reduction of repeat offenders and the improvement
of existing institutions. According to the findings of a research that was carried out, "117 male
juvenile offenders were provided with specialized reintegration assistance as a result of the
second chance legislation” (Calleja, Dadah, Fisher, & Fernandez, 2016). The Department of
Juvenile Justice in North Carolina allocates no more than 4% of its budget to the treatment of
juvenile offenders. In such a case an allowance of 8% is made for detention services. The
administration of punishment is something that occurs in North Carolina on a very regular basis.
This is due to the fact that there is more of an emphasis placed on incarceration than therapy.
New York Programs
“When it comes to the way they deal with young offenders, New York City now has
established a reputation for being a hub of innovative thought” (Tedeschi, & Ford,2015). In
1816, Quakers established a charity in New York City with the goal of eradicating pauperism.
The initiative offers assistance in locating facilities that provide reform for young offenders. This
is a kind of assistance with adolescent offenders rather than locking them up in jail. It was
discovered that there is a correlation between racial identity and the outcome in the juvenile
justice system. African American children and adolescents face harsher punishment, and the
social repercussions of arrest, than other children and adolescents. In the state of New York,
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there is just one program that is geared toward the treatment and rehabilitation of its patients.
The Harlem Community Justice Center is the name of this particular initiative. In addition to its
focus on finding solutions to existing issues, the Harlem Community Justice Center (HCJC) is
known for its inventive nature. “The Juvenile Reentry Network is a community-based reentry
program that is located within the HCJC. This program addresses the challenges that juveniles
who have been in state placement face when they return to their communities in East and Central
Harlem, Washington Heights, and the Lower Eastside of New York City. These communities
include East and Central Harlem, Washington Heights, and the Lower Eastside.”
(Mayorga,2006) In addition to the standard procedures, there are a few alternatives. Community
action programs are on the verge of making a comeback in New York as a result of the state's
approach for reducing recidivism. This will help juvenile offenders cope with the stigma of
having a criminal record and prevent them from reoffending in the future. It will also aid them in
reintegrating back into society.
Chicago Programs
In the year 1899, the city of Chicago, Illinois, in the United States was the location where
the first juvenile court was founded. The well-being of children, as well as their treatment and
rehabilitation, was intended to be the primary emphasis of the organization when it was first
established. The juvenile was also developed to ensure that juvenile criminals did not disclose
their crimes after they committed them. The juvenile court followed its own unique set of
guidelines, both in terms of its substantive policies and its procedural practices. The Illinois
Juvenile Justice Reform Provisions of 1998 were enacted in order to achieve a balance between
punitive and rehabilitative methods in the administration of juvenile justice in the state of
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Illinois. According to its stated goals and principles, the BARJ model is a kind of equitable and
restorative justice. The following ideas are included:
1. Hold every criminal responsible for his or her actions.
2. having a system in place that enables experts working in juvenile justice to intervene at
an early stage in the "career" of a juvenile offender.
3. In the process of dealing with juvenile offenders, there should be a greater involvement
of the community as a whole, including the victims of the offenders. (Tsui, 2014).
In spite of the fact that rehabilitation was a consideration, the major emphasis was still
placed on the retribution of delinquent children and adolescents. There have been some
substantial advances made in the research and development of alternatives to imprisonment.
Restorative justice programs that are rooted in the community were developed with the intention
of assisting first-time offenders and criminals who do not commit violent crimes. A program
known as Redeploy Illinois offered financial incentives to counties on an annual basis and also
offered a service that assists adolescents with problems that they may be experiencing. Problems
affecting adolescents include mental illness, drug misuse, learning impairments, and insecure
housing situations, amongst other things. The goal of the initiatives was to contribute to a
reduction in the number of young people who were facing the possibility of being jailed. The
initiative has, to everyone's great fortune, been a resounding success. In addition to this, it has
helped divert adolescents from the criminal justice system by encouraging them to engage in
community activities and giving them opportunities to do so.
In the year 2000, the Illinois Department of Human Services initiated a program known
as the Mental Health Juvenile Justice Initiative. It was developed to assist in the identification of
the state's correctional institutions that will assist in serving adolescents who have mental health
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issues. In addition, the Department of Human Care developed initiatives to assist juvenile
detention institutions in providing the necessary mental health services for the incarcerated
youth. Programs established in the community are available to juvenile delinquents who are
serving time in a correctional facility. In addition, patients who have been given a diagnosis of a
severe affective disorder or a psychotic condition are included in this category. Treatment
continues to be the primary focus of Illinois' juvenile justice system, which formerly placed a
greater emphasis on assisting young offenders rather than on punishing them.
Louisiana Programs
There is a program in Louisiana for adolescent sexual offenders that has been researched
for a total of four years. “The programs that are considered to be the "Best Practices" for dealing
with juvenile sexual offenders strive to increase the offender's family participation and
reintegration, as well as the number of connections they establish to their communities, friends,
and culture, all while imparting education. Modeling. And techniques for a healthy and
productive reintegration via mentorship” (Underwood, 2015, p.19). Treatment programs are
intended to assist in determining what a juvenile sexual offender's specific requirements are and
how best to meet those needs. “Both cognitive-behavioral therapy and behavioral techniques will
be used over the course of treatment. Case management, psychoeducation, pharmaceutical, and
skill-based approaches are all important parts of therapy, thus they need to be included”
(Underwood, 2015, p.21).
Cognitive-behavioral therapy is used in the programs that are offered in Louisiana. These
forms of therapy have been shown to be the most successful technique within statewide
programs for juveniles. Results such as these were achieved throughout the program. “Ninety-
five percent of community caregivers and probation officers will undergo training that is
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specialized to sexual offenders. It was decided to establish six different regional treatment
programs, with the end result being one treatment program for each service zone. The
development of six community re-entry programs, also known as step-down programs, would
ultimately result in one program being allocated to each service area. In order to strengthen
reentry services, a total of six family intervention programs are going to be established, which
will result in one program being offered in each service zone. The creation of program materials
that address the following subjects, including a training curriculum, assessment procedure,
treatment protocol containing psycho-educational components, and recommendations for
probation and parole monitoring. Ninety percent of clinicians are basically adhering to the
established practice model provided by the OJJ.” (Underwood, 2015, p. 22).
Georgia Programs
Georgia is another state that adheres to the belief that the concept of therapy
rather than punishment is the most effective course of action. The state of Georgia has a program
that is known as the LEGACY program. The LEGACY program has demonstrated to be
beneficial in treating adolescents who have a history of getting back into trouble with the law.
The LEGACY program uses a variety of group dynamics and therapeutic approaches to facilitate
the development of desirable patterns of behavior in its participants. (Schoel & Maizell, 2002).
Many young people wind up sleeping and living in facilities that are owned and operated by the
community and staffed by those working for the program (Gillis & Gass, 2010, p. 23). The
LEGACY initiative in Georgia has an emphasis on: “Find and get rid of sexually incorrect ideas
and behaviors by using educationally suitable workbooks and having classroom discussions
about them. Encourage sexually suitable behavior via the use of action-oriented techniques. That
encourages responsibility for one's own conduct and entails the use of repercussions for one's
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actions Instead of cultivating relationships that are built on power and control, you should work
on developing connections of equality with peers of both the same and opposing sexes.
Encourage the growth of self-control via the participation in adventurous activities, as well as the
development of social skills and roles that are both healthy and suitable.” (Gillis & Gass, 2010,
p. 24).
There have been therapies that have been shown to be successful. In addition to
this, assistance should be directed correctly at those youth who are the most likely to get
involved with the juvenile justice system. When administered to individuals who are considered
to be at the greatest risk of committing more crimes or being arrested again, the treatments tend
to have the greatest degree of success. On the other hand, these programs have the potential to
have unintended consequences for adolescents who are less likely to engage in risky behaviors
(Lipsey, 1992, 2009). According to Russell and Manske (2017), on page 100, "Low-risk system-
involved adolescents might experience negative repercussions from over-intervention."J
Juveniles in Georgia are subject to the same legal consequences for sexual offenses as adults are.
Young people who commit sexual offenses require a route that is designed
specifically for them and that leads to positive outcomes. Juveniles are eligible for a wide variety
of probation programs, including those that take place in the juvenile's own home, in group
homes, or in camps. Juvenile sexual offenders often need aftercare, and this aftercare typically
takes the form of a multisystemic therapy program that may either take place in the juvenile's
family or in a group home. “First-time violent juvenile offenders have a reduced likelihood of
committing further crimes if they are placed on home supervision as part of their probationary
sentence. A comparison may be made between this and the placement of a young person in a
group home or the assignment of that young person to a more secure environment such as a
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probation camp.” (Ryan, Abrams & Huang, 2014). The most successful resolution for young
sexual offenders has been the imposition of a probationary sentence. If they wish to be able to
have a good self-identity after they are allowed back into society after serving their time, then
they need to work on these skills.
Christian Worldview
When looking at juvenile sex offenders one question may come to mind. How should the
local congregations orJchurchesJinteract with a fellow Christian who has been classified as a
sexual offender by the state? The passage in 2 Corinthians 2:5-11,Jtackles this issue quite
explicitly by saying “The majority's punishment is sufficient, therefore you should instead turn to
forgive and console him” (NIV, 2011). Forgiveness and compassion are wonderful things. “Be
kind and compassionate to one another, forgiving each other, just as in Christ God forgave you”
(Ephesians 4:32, NIV, 2011). Everyone deserves a second chance, even juveniles.
Conclusion
The issue that has to be posed is whether or not the criminal activity that will be
committed by adolescents in our society will be of a low level or whether or not it will be
violent. Children and adolescents are locked up and forced to act in accordance with what they
have seen and been taught. The juvenile justice system is intricate, and it shelters minors who are
accused of and convicted of offenses. Juvenile sexual offenses are on the increase, and there are
more child-on-child crimes. “However, by the beginning of the 2000s, trends had begun to shift,
and the practices of juvenile courts had begun to become more aligned with the original
objectives of rehabilitation. For instance, non-traditional courts like juvenile drug courts,
adolescent courts, and even juvenile mental health courts have become commonplace as viable
choices” (Listwan, 2013, Sect 6.1). In order for our culture to be in a position to provide the
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necessary assistance, education, and prevention for the children in our society, there has to be a
wake-up call.
Within the legal system, there is a need for various treatment and punishment ideologies.
The overarching goal of the therapy strategy is to look out for the teenager's best interests.
Recidivism among juveniles may be cut down by adopting a treatment philosophy that is more
prevalent throughout the system. When it comes to the link between rehabilitation and
punishment, the juvenile justice system has given the impression that it has one foot in and one
foot out of the door. There have been times when rehabilitative methods have been used, but
starting in the 1960s, there was a shift toward punishing juvenile offenders and locking them up
in institutions. Instead of providing rehabilitation for young offenders, the policies were revised
to put them in jail.
Their wide-ranging investigation led to the development of these policies and contributed
to the widespread perception at the time that rehabilitation was unsuccessful. However, there are
federal and state governments that have sued rehabilitative approaches, but instead of decreasing,
the punitive measures of jail have begun to increase. It's possible that we'll never know which
option, therapy or punishment, is preferable in every situation. Numerous studies have shown
that the best way to provide a juvenile offenders with a shot at a productive life after they have
been released from treatment or incarceration is to rehabilitate or treat them. The goal is to
ensure that juveniles experience repercussions, but at the same time, they should still be given a
shot at life.
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FINAL RESEARCH PAPER 21
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