Factors in Juvenile Sentencing and Imprisonment Effects
Current Status of Children in the Justice System
It had become apparent that there was a discriminatory practice at the time that required intervention in formal social control. We can say that this situation has been overcome. Children involved in the justice system, facing both standard and very unfavorable personal situations, often come from families with comfortable financial positions, although some families also struggle financially. The social environment from which they come is characterized either as problematic or as lacking destabilizing factors.
Socio-Familial Factors and Measures for Minors
Deteriorating social and economic situations affect families with low income. Troubled family relationships, a general state of neglect, and children neither working nor attending school present problems in education, mental health, and with drug or alcohol use. Even for children living in standard social conditions, problems arise, such as a lack of basic educational skills, low levels of affection, lack of adequate financial resources, serious school problems, a high incidence of broken family environments, a precarious economic situation, and other issues.
The imposition of a penalty takes into account legal and extralegal characteristics of juvenile offenders, which is consistent with the intent of juvenile justice: not only to take into consideration the offense or the possible recidivism of the child when determining a measure, but also the personal and social circumstances in which they live. Factors considered for implementing measures include:
- Severity of the offense
- Whether the child is a recidivist
- Sex
- Age
- School status
- Personality
- Family structure
- Household economy
- Social environment
It must be remembered that the principle of individualization of legal action requires choosing the most suitable measure for each child. The decision to impose a sentence of detention or an open environment measure has to be determined by both control factors and the characteristics of juvenile offenders. If the child has a difficult personal and social situation without family support or a supportive environment, it seems likely that the option chosen is a detention order (as opposed to a semi-open measure). This is so the child may begin to remedy their deficiencies in an environment where they will be absolutely controlled, with fewer options for escaping the educational content implicit in any penalty for minors.
Research on Imprisonment’s Deterrent Effect
Penalties do have a general deterrent effect on crime, and confidence in their application is more important than their severity. Individuals who have committed crimes and have not been identified or arrested by the police, therefore, exhibit less fear of punishment. By contrast, those who have not committed crimes will have a greater personal perception of the risk of arrest and punishment.
Penalties imposed are generally effective in preventing crime, albeit with a moderate effect. It is difficult to separate this deterrent function from factors like police arrest rates or the certainty of receiving punishment. Ultimately, the relationship between deterrence and the severity of prison sentences is complex. Regarding criminogenic effects, a softer prison system (with the application of probation, semi-release/third degree, and leave permits) contributes to lower recidivism. Since people who suffer greater deprivation of liberty have a greater chance of relapsing into criminal behavior, it seems clear that the search should be proactive to implement alternative measures to imprisonment.