Parens Patriae

Unfortunately, there are many children who are brought into this world in unfortunate circumstances. There are many who aren’t blessed with loving parents who would do anything to protect them. In those instances, the state needs to step in and provide a sense of safety for these innocent children. The Parens patriae doctrine is in place in our country for that reason.

Parens patriae, which means father of the people in Latin, is an idea that came from English common law. The idea was that the King was the father of the land and he was responsible for all of those who either weren’t capable of being responsible for themselves or don’t have anyone responsible for them. In the United States, this is most commonly applied to children. The state steps in and acts as the parent when the actual parents or legal guardian can no longer be entrusted with their care. The best interest of the child is the first priority for the courts.

With approximately 896,000 children a year falling victim to abuse or neglect, which makes an average of more than 2,450 children per day, is the state doing a good enough job protecting these children? The state has a responsibility to put more resources and effort into finding a way to do do this more effectively. There are warning signs to look for in an abused child and mandated reporters need to be held responsible if incidents go unreported. Also, there are too many cases that involve repeat offenders. Why are they given the opportunity to commit these horrific crimes again? Better monitoring needs to be placed on these offenders to make sure there are no children living with them or spending time with these offenders.

In conclusion, crimes against children are some of the most difficult to read or hear about. These children can’t look after themselves and very often have parents who won’t look after them either. The state must do whatever they can to make sure the children are given every opportunity to have a normal and safe childhood, because they deserve it.

Child Molestation

Child molestation, one of the most unfathomable crimes I can think of, can be extremely damaging to the victim both physically and emotionally. The median age of the victims of convicted sex offenders was less than 13 years old. These children grow up not knowing what appropriate sexual behavior is. As with physical abuse, the likelihood of a victim growing up to commit the same type of crime is very high.

With the growing popularity of the internet, pornography is now at the fingertips of these child molesters. Statistics show that 90 percent of the predators who molest children have had some type of involvement with pornography which shows us that pornography does play a role in molestation. We need to prosecute the people who are running child pornography websites. If we make an example out of these people we can help alleviate some of the problems that come along with child pornography.

When a child is sexually abused, it’s common that they keep quiet about it and if they do tell someone, they usually have to tell multiple people before the authorities are called. It’s estimated that only 35% of sexual abuse is reported. Children are afraid and confused when they are sexually abused. In some instances, children don’t know it okay to tell somebody about the molestation. One-third of the convicted offenders had committed a crime against their own child and about half of the convicted offenders had a relationship with the child, either through friends or family. A child should be able to confide in their parents when they are being sexually abused, but it complicates it when the parent or someone close to the parent is the abuser. More education needs to be given to children at a young age regarding what is inappropriate behavior and how to talk to an adult about it.

Physical Child Abuse

As mentioned earlier, a child’s family plays an extremely large role in determining what kind of person they become. A vicious cycle is likely to begin when a child is brought up in a home where abuse is present and the likelihood of that child entering the criminal justice system increases dramatically.

According to the Prevent Future Abuse website, there are 140,000 injuries to children due to abuse each year and 1,500 children die each year from abuse. The graph shows that parents are overwhelmingly responsible for the abuse of their child. It’s a frightening thought to think that the people who are supposed to love a child the most, can actually intentionally, physically harm them. However, it is reality and the state has to do whatever it can to help prevent abuse.

All 50 states have established some type of child abuse reporting law which is a start. Professionals working in a line of work that gives them access to children who may be abused, need to make sure they’re held accountable if they don’t step in when there is suspected abuse. There are too many instances when people turn the other cheek and consequently injuries and even deaths could have been avoided.

Also, closer tabs need to be kept on people who are convicted of child abuse. The article below is a recent case that takes place in the nearby city of Tracy, CA. A woman, who had previously been convicted of felony child abuse only a year ago, had the opportunity to do it again. She was living in a different county and in a house with multiple children. It was too easy for her to commit the crime she is suspected of committing: kidnapping and torturing a juvenile for months.


http://www.mercurynews.com/breakingnews/ci_11123834?nclick_check=1

Prevention and Diversion

A juvenile who can avoid entering the criminal justice system all together is ideal. Prevention and diversion programs are necessary for some juveniles heading down the wrong path. Families and schools play a large role in helping mold a child into the type of person they become. Therefore, they have a responsibility to notice the warning signs and attempt to help a juvenile stay out of trouble with the law by using prevention and diversion programs if necessary.

Drug Abuse Resistance Education (DARE) is a well known program that has been used by schools and police departments since the early 1980’s. This teaches children about the effects of drug use and how to resist. Some police departments and schools have also come together to promote Gang Resistance Education Training (GREAT) to teach students effective ways to stay away from gang activity. Other organizations and programs such as Big Brothers/Big Sisters can act as a diversion by simply providing a positive role model in a child’s life when they otherwise wouldn’t have one. Other mentoring programs can also be effective in this sense.

While attending Sacramento State, I was lucky enough to be involved with a mentoring program with one of the local high schools. The high school students that were involved often struggled with school and had some behavioral problems. I mentored a girl who mostly needed someone to listen and encourage her. In some cases, that’s all a juvenile needs to stay out of trouble and become successful. If something so simple can help keep a child from entering the criminal justice system, more programs like this should be available.

As I mentioned in a previous blog, I had the chance to intern at San Joaquin County Juvenile Probation. I spent time at their diversion program called Crossroads and was very impressed. This county funded program takes recommendations from schools and parents and offers counseling sessions for willing juveniles. They also open doors to other types of assistance such as drug treatment, gang tattoo removal, anger management, etc.

My experience at Crossroads and the mentoring program showed me that a lot of these kids just need someone to listen to them and point them in the right direction. Obviously it’s not the answer for all juveniles, but it’s a start. Prevention/diversion is the best option for a juvenile and for our criminal justice system.

http://www.sjgov.org/Probation/Crossroads/crossroads.htm

Click this link to learn more about San Joaquin County's Crossroad program for juveniles

Juvenile Probation

After diversion attempts have failed for a juvenile and they enter the criminal justice system, the juvenile has a hearing known as an adjudicatory hearing. During these hearings the judge decides which action would be most beneficial for the juvenile while still keeping public safety in mind. Intermediate sanctions are very popular for juveniles because many people feel juveniles have a better chance of being rehabilitated then adult offenders. The most popular intermediate sanction in our criminal justice system is probation.

As in adult probation, juveniles are released into the community as long as they stay out of trouble and follow their probation conditions. Juvenile probation officers work very closely with the juvenile’s parents and their schools. There are many different programs available to juveniles of probation as well. Some examples of these programs include drug and alcohol treatment, anger management, counseling, etc. Probation officers are responsible for determining which route would be best for the juvenile after reviewing the juvenile’s information and meeting with them. Probation is often paired with other intermediate sanctions (restitution, electronic monitoring, community service, etc.).

While interning with the Juvenile Probation Department in San Joaquin County, I learned how many programs there are available to juvenile offenders once they’re adjudicated. That particular department works with treatment facilities all over California, Wyoming, Pennsylvania, Texas, etc. Sending the juvenile out of state makes it less likely that they will run away. At these facilities the juvenile attends school, receive appropriate treatment and some of them cater to the juveniles’ hobbies (sports, drama, horse back riding, etc). Incorporating a hobby in their rehabilitative process increases the likelihood that they will participate and be successful.

Rehabilitating a juvenile and helping them become a successful member of society is the main goal in juvenile probation. Finding the best way to make that happen is often a challenge for the probation officer, but when it happens it can be very rewarding.

http://www.ncjrs.gov/html/ojjdp/216251/new_images/pg49_01.gif

Violence in Schools

Describing the feelings that were felt by peoplewhen they turned on the news on April 20th, 1999 is difficult. Seeing the horrified expressions on the faces of Columbine High School students, teachers and parents is hard to forget. This day we experiencedthe deadliest high school shooting to date. Eric Harris and Dylan Klebold arrived at their Colorado High school and killed 12 students, 1 teacher and wounded 23 others.

It’s difficult to understand senseless tragedies, and it’s even more difficult when children are the victims and the offenders. Parents want their children safe when they send them off to school and that’s a reasonable demand. Children shouldn’t have to worry about a classmate coming to school with a gun and shooting at them.

According to the Youth Violence Project’s National Statistics, violent crimes in school have decreased dramatically. However, they still happen and it still outrages our society when they do. We must look at what is being done to stop these types of events. Many steps have been made in the right direction, but it needs to continue. Many schools have installed metal detectors, put up fences around campus, require all students to wear an ID around their neck, added school resources officers, etc. Some of these may seem extreme in certain schools, but it is necessary when we remember the heartbreaking attack at Columbine High School.

Youth & Gangs

According to the Office of Juvenile Justice and Delinquency Prevention, juveniles who are involved with a gang are two to three times more likely to commit a delinquent act then you would expect when considering their representation in the population. They also state that juveniles in a gang are five times more likely to commit a violent crime then non-gang juveniles. It’s evident that gang involvement plays a large role in the likelihood that a juvenile will enter the criminal justice system.

Many children get involved with gangs in order to fill a void left by an absent family structure. Children need to have a sense of support and belonging and if it’s missing in the home, many look elsewhere. Gang members prey on the adolescents who are yearning for affection, self-esteem, and protection. If gangs can provide the type of ambiance the youth is seeking, then they are likely to do whatever it takes to please the gang leaders.

Common criminal acts that gang members engage in are murder, rape, robbery, intimidation, extortion, burglary, prostitution, drug trafficking, assault, drive-by shootings, etc. These aren’t just status offenses; these are serious crimes, many of which are violent. Juveniles involved in gang activity are not only putting themselves in physical danger, but they are much more likely to receive harsher punishments due to gang enhancements when being punished in the criminal justice system. Effort towards finding productive ways to keeping our youth out of gangs needs to remain a priority.

Click on this link to check out some of the anti-gang plans San Diego, San Jose, San Bernidino, and Santa Rosa have enacted:
http://safestate.org/index.cfm?navId=1462