Scope and Role of Distributive Principles Distributive principles vary in numerous dimensions. They vary in what is considered relevant to distributive justice income, wealth, opportunities, jobs, welfare, utility, etc. In this entry, the focus is primarily on principles designed to cover the distribution of benefits and burdens of economic activity among individuals in a society.
Summary The independent, nonfederal Task Force on Community Preventive Services Task Forcewhich directs the development of the Guide to Community Preventive Services Community Guideconducted a systematic review of published scientific evidence concerning the effectiveness of laws and policies that facilitate the transfer of juveniles to the adult criminal justice system to determine whether these transfers prevent or reduce violence among youth who have been transferred and among the juvenile population as a whole.
The review followed Community Guide methods for conducting a systematic review of literature and for providing recommendations to public health decision makers. Available evidence indicates that transfer to the adult criminal justice system typically increases rather than decreases rates of violence among transferred youth.
Available evidence was insufficient to determine the effect of transfer laws and policies on levels of violent crime in the overall juvenile population.
On the basis of these findings, the Task Force recommends against laws or policies facilitating the transfer of juveniles to the adult criminal justice system for the purpose of reducing violence. Background The purpose of this review was to determine whether laws or policies that facilitate the transfer of juveniles from the juvenile to the adult criminal justice system reduce interpersonal violence, either specifically among juveniles who have experienced the adult justice system or in the general juvenile population.
One rationale for the transfer of juveniles to the adult justice system is to deter future criminal activity, on the premise that the adult system is more severe and punitive than the juvenile system.
For this review, transfer also referred to as "waiver" to denote the relinquishing of authority by the juvenile courts refers to placing juveniles under the jurisdiction of the adult criminal justice system. Juveniles who are not transferred to the adult court system are said to be retained in the juvenile system.
The reduction of violence through transfer policies is hypothesized to occur by two mechanisms -- specific deterrence and general deterrence -- both of which rely on the perceived severity of the adult criminal justice system compared with the juvenile system.
Incapacitation is the inability of incarcerated convicts to commit crimes in society during incarceration; incapacitation is thought to be increased for juveniles in adult settings compared with those in juvenile settings.
Juvenile and criminal law in the United States are principally state matters. Juvenile courts were first established in in Illinois.
Byall states except Maine and Wyoming had separate juvenile courts 5. Separate judicial process for juveniles has been justified on several grounds related to the psychosocial development of this population 6.
In general, juveniles differ from adults in their biologic development and mental processes and capacities. Juveniles are less aware of consequences, less able to regulate impulses or inhibit behavior, and thus less culpable for their actions than adults.
In addition, juveniles have less ability to understand and thus participate in the standard adult judicial process 8. Finally, juveniles are more malleable and amenable to reform of their behavior.
Therefore, an emphasis of the judicial response to their deviant behavior should be on reform rather than, or in addition to, punishment -- in contrast to the punitive focus of the adult criminal justice system 6.
The policy implications of these developmental issues with respect to court jurisdiction remain controversial, especially because of the variations in adolescent cognitive and social development for which chronologic age is not a precise marker.
In contrast to the adult criminal court, which is oriented toward punishment, the traditional juvenile court has acted "in the interests of the child" and focused on rehabilitation rather than punishment because juveniles are assumed to be more amenable than adults to treatment 9.
Juvenile courts in the United States have always followed the principle of parens patriae -- the state acts as a guardian for those who cannot take care of themselves, such as children and the mentally ill 10, Traditionally, transfer from juvenile to adult court jurisdiction has required a determination that the juvenile was not amenable to treatment 5, Although states establish their own juvenile and adult criminal law, common trends are discernible across states.
In "judicial waiver," the traditional mechanism, a juvenile court judge can waive a youth to the adult system, generally based on perceived lack of amenability to treatment, which is often based on considerations such as age, seriousness of the current offense, and previous delinquency State law established the SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California.
the rapidly increasing volume of drug cases entering the criminal justice system. It also identifies, develops, and shares programs, techniques, and information with the states to increase the efficiency of the criminal justice Evaluations can be directed at determining overall program effectiveness (e.g., a State's entire Drug Control and.
AMERICANS WITH DISABILITIES ACT OF , AS AMENDED. Editor's Note: Following is the current text of the Americans with Disabilities Act of (ADA), including changes made by the ADA Amendments Act of (P.L. ), which became effective on January 1, Appendix Suggestions for Action.
The Catholic community has a tremendous history and capacity to help shape the issues of crime and criminal justice in the United States.
iii Juvenile Offending: Predicting Persistence and Determining the Cost-effectiveness of Interventions PREFACE Juvenile justice policy, both in Australia and overseas, has been dominated by the idea.
Other Internet Resources Current Issues in Distributive Justice.
Center For Economic And Social Justice This site promotes a new paradigm of economics and development, the “just third way”. Provides links to numerous organisations, reports, articles and statistical data which support its paradigm.