The Treatment of Juveniles and the Elderly In the United States Justice System

Posted: April 26th, 2022

Explore the treatment of juveniles and the elderly in the US justice system. Pay special attention to the role that the police, prosecutors, judges, and correction officers play separately and collectively in withholding some basic rights that juvenile and elderly offenders are entitled to. What, in your view, will it take to improve the situation?

The Treatment of Juveniles and the Elderly In the United States Justice System
The present juvenile justice system has been based on the fact that a juvenile is different from an adult physically, mentally, and intellectually. Notably, the minors within these proceedings do not have similar constitutional rights as those awarded to adults in regular criminal court cases (Michon, 2020). In the years before the 1960s, the juvenile had minimal due process rights. However, different participants have steadily formalized their operations to ensure that the constitutional rights now awarded to juveniles are strengthened.
However, this development still has a long way to go considering that the juveniles’ rights charged with crimes are not sufficiently protected in each stage of the proceedings. The juveniles will first interact with the police, where many have indicated a traumatic experience. The police have been seen to treat them in a discriminatory manner. Those who are poor, belong to minorities, or those affiliated to particular groups due to their appearance are more affected (Inter‐American Commission On Human Rights, 2011). Sometimes the police will remove juveniles from any contact with their families and communities, yet these contacts are fundamental in ensuring their rights and development are upheld. The concerns of due process encompass juveniles lacking access to quality and specialized legal counsel, the youth not being incapacity to waive their rights of legal representation, prolonged waiting periods to the disposition of their cases, juveniles using plea agreement without fully understanding their consequences, and the lack of proper policies that require of facilitate to have families involved (International Justice Resource Center, 2018). Apart from these unfortunate interactions with the police and the courts, the correction systems also fail to provide the right rehabilitative strategies. For instance, the juveniles with mental illness or diminished mental capacity will find themselves more criminalized instead of getting adequate medical care.
The elderly population that also find themselves in the criminal justice system has also been infringed on despite being a vulnerable population. Despite being vulnerable, some police officers are responding very harshly towards the older offenders. Some justice officials have shown outrage and no remorse at an offender that is a multi-recidivist (Aday & Krabill, 2006). Some studies on the criminal justice system would find that older offenders were less likely to be released by the police than younger offenders. Another study demonstrates that while police showed their discretion, they will be more influenced by the offense’s nature than the offender’s age. This illustrates a gap in gaining a clear perspective on the police’s decisions when dealing with elderly offenders. The elderly offenders also face numerous hurdles when they arrive at the courthouse. These include not finding a quiet space for conversing with others before the proceedings, and the elderly easily get tired, inattentive, and have decreased memory as the day progresses (Aday & Krabill, 2006). However, the court system has not provided any measure to improve the state of the elderly in the justice system, making it hard for them.
Nonetheless, the main challenge these populations face while in the justice system is that the criminal justice system participants are relatively inexperienced with working with them. To this effect, the justice system needs to develop appropriate policies and implement training programs that will see these participants receive the knowledge and skills to aid in their interactions. They need to understand the rights of both the juveniles and the elderly within the system, which is to guide them in every decision they make.

References
Michon, K. (2020). Constitutional Rights in Juvenile Cases. Retrieved from https://www.nolo.com/legal-encyclopedia/constitutional-rights-juvenile-proceedings-32224.html
International Justice Resource Center. (2018). Children’s Rights Violated In U.S. Criminal Justice System, IACHR REPORTS. Retrieved from https://ijrcenter.org/2018/10/10/childrens-rights-violated-in-u-s-criminal-justice-system-iachr-reports/
Inter‐American Commission On Human Rights. (2011). Juvenile Justice And Human Rights In The Americas. Retrieved from https://www.oas.org/en/iachr/children/docs/pdf/juvenilejustice.pdf
Aday, R. H. & Krabill, J. J. (2006) “Aging Offenders in the Criminal Justice System,” Marquette Elder’s Advisor. 7(2). Retrieved from http://scholarship.law.marquette.edu/elders/vol7/iss2/4

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