Saturday, June 23, 2012

Rehabilitation or Punishment

               Nowadays, children are getting more exposed to the outside world. Some of them are influenced negatively as the numbers of juvenile crimes are increasing from time to time. As this trend grows, many juveniles are now being tried in the adult courts, instead of the juvenile halls, and they are prosecuted with the same punishment that adult criminals receive. This kind of treatment may not be the most effective way to punish those children as they are in the stage of growing up becoming adults. The book “True Notebooks”, written by Mark Salzman, shows some interesting facts about why juveniles are better served in a juvenile hall rather than in an adult court. Therefore, juvenile criminals are supposed to be treated with more consideration and they need to be rehabilitated in a proper manner.

               Treating juveniles as adults is not one way to help them realize that what they did was wrong. If juveniles are treated the same adult criminals are treated, they will have a very low chance in changing their mindset from a criminal’s to a normal person’s. One of the reasons is that, adult criminals have their solid perspective towards what is right and what is wrong. They understand better than children about the consequences that they have to face if they do something illegal. Moreover, the only one that can change their own opinion is themselves. On the other hand, children are still learning new things in life and they are experiencing their first few stages of socialization. Often times, they are unaware that what they are doing is considered to be illegal and that their actions are being influenced by the adults. This may lead to inaccurate judgments from the court towards the juveniles which gives them lack of sympathy and understanding. Statistically, according to Barry Krisberg’s research, it is also specified that “a majority of 9 to 1 (91%) believes that rehabilitation services and treatment for incarcerated youth can help prevent future crimes. This is why trying juveniles as adults is a completely wrong way in guiding them because they can still be productive in the future if we give them enough space and time for rehabilitation.

               Putting juveniles in adult prisons is not an effective way to help the juveniles in their rehabilitation because incarcerated adults who have a criminal mindset will affect the children and guide them in the wrong direction. According to Barry Krisberg’s research, statistically, it is also specified that “of those polled, more than two-thirds (68%) disagree that incarcerating youth in adult facilities teaches them a lesson and deters them from committing future crimes. In adult prisons, all that they can do is try to survive the ugly things that they can imagine. They can be beaten up because adult criminals are bored, they can be bullied by the adults for them to have fun or even worse, they can be tortured until they are severely hurt. Mr. Granillo, a Latino guard in the juvenile hall, admits, “when you get to the pen…You’re gonna be boys surrounded by men … who'd just as soon shank you as say hello. If you wanna survive…you’re gonna have to toughen up!” (Salzman 57). This explains the reality that juveniles will face if they are incarcerated in adult prisons. Instead of learning important life skills and rehabilitating, they will learn how to survive by being tough and cruel to other people.

               Another concern is that those juveniles who are given a short period amount of time of incarceration in adult prisons might commit more crimes in the future. That being said, they think that it is better to put them in prison for a longer period of time if they are to be put in prison at all. They might think that this will reduce recidivism in their society. However, this is not the how it will work most of the time. Incarceration does not deter people, be it juvenile or adults, from committing future crimes. Incarceration only makes them lose hope of their life and it also gives them desperation. What makes them do the opposite is the rehabilitation part especially in gaining their confidence back. Once juveniles receive their sentences in the adult criminal system, they will have a hard time coping with those tough and vicious adults. Barry Krisberg also provided us with a statistics that “approximately 7 in 10 feel that putting youth under age 18 in adult correctional facilities makes them more likely to commit future crime.” This implies that preventing recidivism by putting them in the adult prisons is not very effective.

               It is a shame that these juveniles are incarcerated because they still have a chance and a lot of opportunities to success in life. As Mark Salzman was teaching juveniles in the prison, from the essays that the boys wrote, he found out that they still have their will to survive in this world. These children were able to realize what they did in the past was horrible. Jimmy Wu, Salzman’s student who got sentenced in an adult prison for about fifteen years as a transfer from a juvenile hall, proofed to Salzman that he acknowledged his crime and showed remorse. In one of his essays, he wrote his feelings to a judge saying, “Why couldn’t you give me a chance? Why are you taking away fifteen years of my life for one mistake? I know that I have to pay the penalty for what I did two years ago, but why can’t you look at me and see how I have changed?” (Salzman 208). This section of his essay shows us his true feelings that he is aware that what he did was a mistake of his life.

               Obviously, one speaks about juvenile crimes, the juveniles justice system has to be brought up as it also has its flaws. Referring back to Jimmy’s case, just imagine how cruel and unfair it was for a little boy who did not understand the big picture about the law in California. Not to mention, he was sentenced for fifteen years just because of a single robbery; which is a punishment equivalent to that of a second degree murder, according to California Law. This implies that there is something not right about the juvenile justice system. According to the "New Report Finds Growing Trend of Prosecuting Youth in Adult Court Casting Too Wide a Net; Many Youth Charged with Non-Violent Offenses" article, there is an unfair treatment towards racial minority juveniles. This report explains that “youth of color in California were significantly more likely than white youth charged with similar crimes to be sentenced by adult court to incarceration.” This report implies that the judges may be prejudicing these minor juveniles, thinking that these minor juveniles are far more abusive towards their State. This unfolds one of the unfairness in the juvenile justice system. It seems that racial discrimination is one of the reasons why minority juveniles are treated harsher and this situation also seems to be Jimmy’s situation.  As a result, this so-called juvenile “justice” system is not as honest as it seems.

               Furthermore, Sister Janet, a nun who is working in the same juvenile hall where Salzman teaches, delivered a remarkable influential statement. She says that “true justice cannot exist without compassion; compassion cannot exist without understanding” (Salzman 155). However, from Jimmy Wu’s case, we can see that there is no justice served for him. Without understanding what juveniles are thinking inside their mind, the judge, or even us, will not be able to figure out the reasons behind the actions that these juveniles make. This, in turn, can lead to unfair prosecution towards the juveniles. According to a report, “prosecuting juveniles in adult criminal court through direct filing by prosecutors and statutory exclusion laws casts too wide a net, sending many young people into adult courts and jails for non-violent charges”. As we can see from that report, many juveniles are being sent into adults courts for non-violent charges. Moreover, Kevin Jackson, another Salzman’s students, also shared his feelings to Salzman about being locked up in a prison. He says “Bein’ locked up can make a person feel like they’re no longer a person. It makes you feel lower than people on the outside, and that can destroy your will to succeed” (Salzman 99). From these two pieces of information, the lack of understanding and compassion that the court gives can negatively impact the juveniles significantly. Consequently, juveniles will not get any encouragement and support because of this misunderstanding. Thus, they will be isolated from other people and their chance of recovery might not even be possible.

               Overall, this “juvenile justice system” is not as good as what many people think and biased, at best. At the very least, it should be changed as to give alternatives for the trials of these juveniles. The court should change how the trials and prosecution of the juveniles work. Without changing these elements in the juvenile justice system, children would literally be abused and they would be incarcerated for an unreasonable amount of time. Things that juveniles really need are rehabilitation, education and guidance. These opportunities are for them to discover what they are capable of and apply them in their future. Without a doubt, the juvenile justice system needs more sympathy and understanding than these harsh punishments.

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