1.0 Introduction:
The issue of harsh sentencing for juvenile offenders is quite contentious and has rendered juvenile justice at a standstill. It is therefore proposed to weigh the legal and ethical dimensions of this topic, considering the landmark Supreme Court decisions in the light of rehabilitative approaches that should be employed. In addressing the complicated roles of girls in gangs, This research applies theoretical perspectives to establish the relationship between social strains, learning, and sex-related experiences. The next is the philosophy of the juvenile justice system with emphasis on the lasting parens patriae model and how it holds to its application in modern times with a focus on the responsibility of the state to rehabilitate delinquent girls. We then discuss existing programs, which contain both commendable strides and significant gaps in addressing the unique needs of delinquent girls. Finally, we dissect the influential role that mass media has in perpetuating stereotypes and shaping legal responses. More insight into these multi-dimensions, thus, might have been provided with this exploration and a more nuanced appreciation of juvenile justice-nurtured, more equitable approaches.
2.0 Harsh Sentencing;
Examining the harsh sentencing, such as life without parole, would involve aspects such as the legal frameworks and ethical considerations associated with juvenile justice. It was punitive in trend historically, with long and even life-long sentences for young offenders usually stipulated in cases of serious crimes. Recently, attitudes and policies have swerved towards more rehabilitative ways of dealing with juvenile delinquency, recognizing youths as having development differences from adults and having the ability to change positively.
It is known to have made some of the sentencing, like life without parole, imposed on juvenile offenders highly contentious in legal debates. “The landmark Supreme Court decisions on juvenile sentencing were given in the cases of Roper v. Simmons (2005), Graham v. Florida (2010), and Miller v. Alabama (2012). These decisions thus confirm that juveniles are marked differently from adults regarding the ability to think and reason, the tendency to be impulsive, to yield to peer pressure, and the ability to be reformed (Liu & Miller, 2020). Therefore, the imposition of life without parole on juvenile offenders without consideration of such developmental factors is unconstitutional and violates the Eighth Amendment’s ban on cruel and unusual punishment.
Harsh sentencing of juvenile offenders has remained highly controversial on issues touching on fairness, proportionality, and ethically, the question of the possibility of rehabilitation. Reform-minded proponents of juvenile justice have argued that because life without parole sentences for juveniles are, in and of themselves, cruel and also unusual punishments, these sentences arguably disregard the potential that any given juvenile has for reform and change. They foreclose the possibility of redemption and re-entry into society. (Liu & Miller, 2020) It has been found that life sentences without the possibility of parole were not at all a deterrent for the juvenile offender’s actions, and, on some occasions, they could have other adverse effects. Besides, the overemphasis on harsh sentencing of juvenile lawbreakers biasedly influences adolescents belonging to the marginalized and less advantaged youth, who are primarily within minority communities. This begs questions of equity and justice within juvenile justice and thus underscores that social context and systemic factors are integral to the presence of juvenile delinquency.
3.0 The Role of Girls in Gang
Various theoretical perspectives have been advanced to explain why and in what form girls would be part of gangs and their corresponding functions. Strain theory posits that individuals turn to deviant behavior, such as gang involvement, when faced with societal strains or blocked opportunities. For girls, this might involve their dealing with those strains through their engagement in gangs, such as economic deprivation, limited educational prospects, and family dysfunction (Havard et al., 2023). The social learning theory thus postulates that people, including girls, learn deviant behavior from interaction and exposure to subcultures with deviant orientations. The girls in gangs may assume roles based on learned conduct influenced by peers or other gangs.
Feminist perspectives underline experiences that are gender-specific and avow that girls in gangs may very well adopt roles that are influenced by patriarchal structures and societal expectations. This would be roles such as “gang girlfriends” or active participants seeking empowerment within the context of a gang. According to control theory, the involvement of girls with gangs seems to be a function of weak social bonds, which lead them to gain support and belonging from alternative sources. The differential association theory argues that individuals will engage in deviant behavior to more pro-deviant influential anti-deviant oneness. Females in gangs may take on roles that are also determined through association with gang-involved peers.
4.0 The parens patriae model
According to Siegel, the parens patriae model, resting on the paradigm that the state is the ultimate parent, has historically informed through its philosophical orientation towards the juvenile justice system, which is rehabilitation of the juvenile offender instead of retribution. In the development of the parens patriae model as a model for the benign intervention for errant boys, its application to delinquent girls has developed over time. In contemporary juvenile justice, the parens patriae model has a continuing influence in that it recognizes that the state is responsible for providing care, guidance, and treatment for delinquent girls(Havard et al., 2023). It ought to inculcate individualized, rehabilitative measures that shall be tailored to address each girl’s specific needs and circumstances, considering their vulnerability and capacity for reform. Today, the parens patriae model is evident in the processing of the delinqugirlsgirl through diversion programs, community-based alternatives to incarceration, and therapeutic interventions.
The courts often apply the rehabilitative arm, stressing treatment versus punishment by the courts. In these ways, the courts concern themselves with the source of the problem, perhaps trauma, mental health, or family dysfunction, and not punishment for the delinquent. A more holistic and supportive model of delinquent girls identifies that there might be focused interventions that are necessary to be put in place to allow for the girls to be helped in rehabilitation (Aazet al.t al, 2023). Essentially, the parens patriae model endures in contemporary juvenile justice systems, which highlights the protective nature of the state and the obligations to rehabilitate delinquent girls through providing caring and not judgmental and customized intervention.
5.0 Programs in Juvenile Justice System
Analyzing the programs offered to girls in the juvenile justice system, it is essential to consider community and state resources that address the needs of delinquent girls through available programming. Most programs can be understood from the websites of community and state organizations. From my research, I realized there has been observable effort toward gender-specific interventions, although there are still gaps. The community-based programs pay attention to counseling, educational support, and mental health services for delinquent girls (Liu & Miller, 2020). Recognizing that such underlying factors as trauma, family dysfunction, or mental health issues contribute to the contact of girls with the juvenile justice system, it is the case that these programs address these underpinnings. This gender-specific counseling and participation in support groups, usually incorporated in these programs, are in recognition of the distinct challenges faced by girls in the system.
Special education includes alternative education, vocational training, and skill-building programs to cater to the specific needs of delinquent girls. These initiatives are in line with the research that suggests there is a relationship between educational attainment and lower recidivism for juvenile offenders, reflecting the need for specialized educational programming for girls in the system. However, there are still some pretty significant gaps in these positive steps. A major issue is not focusing enough on tackling the intersectionality of problems faced by delinquent girls (Aazami et al., 2023). Most programs may not take into account sufficiently the unique experiences of girls from various backgrounds, such as those being faced by them in terms of race, ethnicity, or sexual orientation. The identification of these intersections and the subsequent action on them is necessary to design effective and fair interventions.
In addition, some disparities within mental health services exist. Research consistently documents the greater preponderance of mental health problems among delinquent girls, although access to mental health care, incredibly comprehensive mental health care, is limited in most community programs. Enhanced mental health services, including trauma-informed care, could significantly improve outcomes for girls in the juvenile justice system. One more major gap is that more community-based alternatives for incarceration are necessary (Aazami et al., 2023). Gender-specific community-based alternatives should be required, even though some programs may be reformatory. The more attention that is paid to delinquency diversion programs and restorative justice approaches that are customized to the needs of girls, the more they are apt to aid in the process of better reintegrating the delinquent girls back into society.
6.0 The Role of Mass Media
Media and popular culture have a role to play in developing the narrative about the social profile of delinquent girls, thus, in turn, impacting responses in social and legal settings towards the girls within the juvenile justice system. Media commonly presents a skewed portrayal of reality that supports a number of stereotypes, which may affect society and practice within the legal circle in general.
Media representations of girls and delinquency, in turn, portray the girls in more sensational and gendered lighting, with their aggressive deviance being reported. Thus, it also tends to bring about traditional gender norms and potentially affects the view that comes about about girls within the criminal justice system(Aazami et al., 2023). For example, a case about a delinquent girl is sensationalized by the media through the focus on rare cases of extreme violence, thus perpetuating the stereotype of the “violent girl.” Such sensationalism, therefore, distorts the reality of a girl’s involvement in delinquency while at the same time helping to shape public opinion and, therefore, later legal responses.
Moreover, “popular culture through movies, television shows, music, and more” all help in constructing these girl and crime stories. In the depictions, girls can be made to fit either into the image of the victim or the criminal, often through very limiting and limiting stereotypes. For example, girls detained in juvenile detention centers are often shown in movies and TV series as hardened criminals or people caught in the circumstances, airing dichotomous views that cannot capture the complexity of their existence (Aazet al.t al, 2023). An example of media influence is evident in the coverage of high-profile cases involving delinquent girls. Better recognition and focus will then follow in the over-representation of girls who are deviating from the stereotypical gender norms. Such a distortion might distort the legal reaction, making harsher sentencing practices based on the crime’s perceived nature and the girl’s perceived danger.
7.0 Conclusion
In conclusion, examining juvenile justice underscores the crucial necessity for reform. There is a need to reassess severe sentencing methods, examine the multifaceted roles of girls in gangs, and enhance rehabilitation programs. Recognizing the impact of mass media and questioning stereotypes can help individuals work towards a fairer and more efficient juvenile justice system. It is crucial to persist in promoting policies and initiatives that prioritize rehabilitation, tackle systemic disparities, and facilitate the successful reintegration of juvenile offenders into society. Individuals can only uphold the principles of fairness, justice, and compassion under those circumstances.
References;
Aazami, A., Valek, R., Ponce, A. N., & Zare, H. (2023). A systematic review of risk and protective factors and interventions for reducing juvenile delinquency. Social Sciences, 12(9), 474.
https://www.mdpi.com/2076-0760/12/9/474
Havard, T. E., Densley, J. A., Whittaker, A., & Wills, J. (2023). Street gangs and coercive control: The gendered exploitation of young women and girls in county lines. Criminology & Criminal Justice, 23(3), 31 https://journals.sagepub.com/doi/abs/10.1177/174889582110515133-329.
Liu, L., & Miller, S. L. (2020). Protective factors against juvenile delinquency: Exploring gender with a nationally representative sample of youth. Social science research, 86, 102376.
https://www.sciencedirect.com/science/article/pii/S0049089X18308950
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