Theories about the treatment of juvenile offenders

Full Answer Section

How it Works in Practice:

• Focus on Individual Needs: Treatment plans are highly individualized, based on comprehensive assessments of the juvenile's psychological, social, educational, and family circumstances.
• Therapeutic Interventions: Emphasizes evidence-based therapies such as Cognitive Behavioral Therapy (CBT), family therapy (e.g., Multisystemic Therapy - MST, Functional Family Therapy - FFT), anger management, and substance abuse counseling.
• Skill Development: Programs focus on teaching prosocial skills, problem-solving, emotional regulation, and vocational training to improve future opportunities.
• Education and Restorative Justice: Prioritizes educational attainment and may incorporate restorative justice practices (e.g., victim-offender mediation) to repair harm and foster empathy.
• Community-Based Programs: Often favors diversion programs and community-based alternatives to incarceration, recognizing that institutionalization can be detrimental to development.
• Confidentiality and Minimizing Stigma: The juvenile justice system, historically influenced by rehabilitation, often seeks to protect the identity of juvenile offenders and minimize the stigma of a criminal record.

Assumptions about Juvenile Offenders:

• Juveniles are capable of change and reform.
• They are less culpable than adults due to their developmental immaturity.
• Their offending behavior is influenced by external factors and internal challenges that can be addressed.
• Intervention should act in the "best interest of the child" (parens patriae).

Deterrence Theory

Core Principle: Deterrence theory, rooted in classical criminology, assumes that individuals (including juveniles) are rational actors who weigh the potential costs and benefits of their actions. It argues that crime can be prevented by ensuring that the punishments for offending are swift, certain, and severe enough to outweigh any perceived rewards.

How it Works in Practice:

• Emphasis on Punishment and Sanctions: Focuses on imposing penalties, such as fines, probation with strict conditions, incarceration in secure facilities (detention centers or juvenile correctional facilities), or even transfer to adult court.
• Specific Deterrence: Aims to deter the individual offender from re-offending by ensuring they experience unpleasant consequences for their actions.
• General Deterrence: Aims to deter potential offenders in the broader community by publicizing the punishments meted out to those who commit crimes, serving as an example.
• "Get Tough" Policies: Often associated with approaches that advocate for harsher sentences, mandatory minimums, and less discretion for judges.
• Accountability: Emphasizes holding juveniles accountable for their actions through punitive measures.

Assumptions about Juvenile Offenders:

• Juveniles, like adults, make rational choices and can be deterred by the threat of punishment.
• Increasing the perceived risk and severity of punishment will reduce delinquent behavior.
• A strong response from the justice system is necessary to instill respect for the law.

Comparison and Contrast:

Similarities (Recap):

• Both theories ultimately aim to reduce juvenile offending and improve public safety.
• Both involve intervention by the justice system.
• Both acknowledge that some form of consequence for delinquent behavior is necessary, though they differ on its nature and purpose.

Conclusion:

The juvenile justice system in many countries, including Kenya, has historically leaned towards a rehabilitative model, recognizing the unique developmental stage of young offenders. However, "get tough" or deterrence-focused policies have also gained traction during periods of perceived rising crime.

Current evidence largely supports the rehabilitative approach as more effective in reducing long-term recidivism for juvenile offenders. This is because it addresses the complex underlying factors that contribute to delinquency and equips youth with the skills and support needed to make positive life choices. While deterrence may play a role in discouraging some initial offenses, its effectiveness, particularly when relying on severe punishment, is often limited for juveniles due to their developing brains, impulsivity, and susceptibility to peer influence, and can even lead to negative outcomes like labeling and increased recidivism. A truly effective juvenile justice system often incorporates elements of accountability, but prioritizes rehabilitation and evidence-based interventions tailored to the needs of young people.

Sample Answer

When considering the treatment of juvenile offenders, two prominent theories offer contrasting approaches: Rehabilitative Theory and Deterrence Theory. While both aim to reduce juvenile delinquency, they differ fundamentally in their underlying assumptions about why youth offend and how best to respond.

Rehabilitative Theory

Core Principle: Rehabilitative theory posits that juvenile offenders are often products of their environment, developmental stage, or unmet needs. It views delinquency as a symptom of underlying problems (e.g., lack of education, mental health issues, family dysfunction, substance abuse, trauma) rather than simply a result of rational criminal choice. The primary goal of intervention is to address these root causes and provide the necessary tools and support to help the juvenile become a productive, law-abiding member of society.