Discussion 1 juvenile
The Chief of Staff Report / recommendations
Delaware juvenile justice system
After conducting a research on how the Delaware juvenile justice system compares with other states, the findings are that children are denied their rights to counsel or right to an attorney during trial (NJDC, 2017). Youths are not presented by attorneys and this is a big challenge since children need a defender who must ensure fairness in all the stages of the process. In other words, youth lack legal representations and they end up experiencing collateral harms due to lack of court-based interventions. The research has also found that the factors as to why are denied their right to counsel are structural barriers such as lack of timely appointed with the defenders, lack of waiver of counsel, use of Video Bail Hearings, lack of juvenile defense training, among other factors (NJDC, 2017). Second, the research has found the juvenile justice system has a bad juvenile court culture. Unlike other states, the juvenile court uses a punitive adult language. Since youth cases are presented in the family court, children are convicted and sentenced like adults and imposed long-term punishment. There is also racial inequalities where minority especially black boys receive harsher treatments than white youth. Unlike other states, children in Delaware juvenile system receive bail bonds and this means that children end up being incarcerated because they cannot afford the money (NJDC, 2017). Youths are also prosecuted as adults even when there is no sufficient evidence to support the crime.
Recommendations
- Abolish monetary bail
There should be no monetary bail for children but rather, a community-based alternative should be developed. The monetary bail system in Delaware is a corrupt part of the justice system since it allows the poor to remain in custody and the wealthier to pay the bail. The juvenile system should focus on smart justice and this will be achieved by ending bails. Monetary bail is affecting the poor especially the minority and this denies them the justice since they cannot be released even if they are innocent (NJDC, 2017). In general, the cash bail should be abolished to save the economically disadvantaged children.
- Eradicate racial disparities
Juvenile justice stakeholders should receive thorough training in ending racial disparities. A cultural competency training will enhance communication, eliminate language barriers, and more importantly promote youth-police relationships. The racial disparity is affecting minority youth especially the black youth (NJDC, 2017). The research has found that minority youth are overrepresented in the juvenile system. To end racial disparities, the system should focus on developing community-based alternative-this entails creating diversion programs and treatment programs to reduce the disparity.
- Abolish youth prosecution in the adult system
Youth cases are presented in the adult court and this makes youth suffer harsh punishment as adults. Youths should be taken to rehabilitation centers and this is a smart approach in that punishment alone will not help the offender change the behaviors but rather it will do harm (NJDC, 2017). Rehabilitation is the best approach since the juvenile will get a chance to avoid committing crimes by receiving physical and mental support.
- Abolish mandatory minimum sentence
Mandatory minimum sentence affects the juveniles since children face long-term punishment and lack age-appropriate education (NJDC, 2017). The juvenile system should make an individualized determinant and focus on giving the children emotional development. In other words, the juvenile justice system should focus on rehabilitating children rather than punishing.
- Allocate sufficient resources and make the institution a specialized area of practice
This means that attorneys should be acquainted with the needed knowledge and skills through support and training. Adequate funds and other necessary resources should be allocated to ensure effective advocacy, fairness, and justice.
Reference
National Juvenile Defender Center (NJDC), (2017). DELAWARE: An Assessment of access to counsel and quality representation in juvenile delinquency proceedings. Retrieved from: http://njdc.info/wp-content/uploads/2017/07/Delaware-Assessment_NJDC.pdf
