Rehabilitate, Punish, or Both?

Abstract

Throughout American history the judicial systems have gone back and forth between which method they want to implement to reduce recidivism. There has been a constant question about which juvenile justice system is best between punitive and rehabilitative justice. Still today, many states are trying to figure out what justice works best for their juveniles. Studying previous articles and Montana State Judicial Statistics, I analyze the various approaches to confronting juvenile delinquency along with understanding why juveniles commit crimes. Looking at Montana youth court statistics we can see what is working and giving the juvenile the best chance to be a functioning member of society. Previous research shows that most juveniles enter diversion programs or informal probation, very rarely do they go into youth court. Instead of incarceration there are many options for juveniles that are having trouble fitting into society, such as group homes, IEPs, therapeutic group homes, psychological hospitals, and formal and informal probation. These options offer the chance for therapy, medication, and structured schedules that can give these kids the extra help that they need to be successful in their treatment and in their life. We have to start young because if we can stop recidivism in juveniles before they reach the adult system, then we can severely cut down the crime rate. Instead of the swift hammer of justice, we need a caring hand to reach out and help those troubled.