juvenile behavior

Running head: JUVENILE BEHAVIOR 1


Phase 5 Individual Project

Colorado Technical University Online

CJUS285-1102A-01: Juvenile Delinquency

Professor Steven Mardock

Christopher B. Lane


Abstract

I will be discussing some important information that is pertaining to the Colonial Period. I will

be discussing some key important facts that the Colonial Period carried out with extreme

punishments to the offenders. These punishments that were use in our society from a long time

ago will be considered as inhumane today. The 21st Century takes a different approach in better

educating our juveniles to keep reoccurring circumstances from ever happening again. This

paper will go into detail about the Psychological and Sociological explanations from different

authors, and the conclusions they have come up with.


Portions of this assignment had previously been submitted in CJUS285-1102A-01: Juvenile

Delinquency on May 2, 2011, the instructor’s name is Steven Mardock.

Colonial Period

I would like to start out this individual project by talking about when was the Colonial

Period actually took place to give the reader an idea. The Colonial Period policing actually

started in the year of 1215; it did not get established until 1600 when the Magna Carta was

introduced (Net Industries, 2011) (Lane, 2011). The Magna Carta was put in place for the

liberties for each citizen, it only granted some liberties. It was widely considered to provide some

range of individual freedoms (Net Industries, 2011) (Lane, 2011). In the Colonial Period, the

criminals were brought to the middle of the town to receive their punishment in front of the

public (Demand Media, 2010) (Lane, 2011). Such punishments would include the following:

pillory, stocks, and whipping posts (Demand Media, 2010).

Punishments

In addition, the person who was locked in the pillory during treacherous weather

conditions would be subjected to a punishment from the township would have fruit thrown at

them by the citizens of the community (Demand Media, 2010) (Lane, 2011). The most common

crime and hated by others was the crime of blasphemy. There was some speculation to Captain

Kemble in that his punishment was lewd and unseemly behavior of the Sabbath Day (Demand

Media, 2010) (Lane, 2011). The punishments in detail; the pillory is type of framework that has

holes in it so the offender can put his head, and hands in while the offender stands up. The term


stocks had holes were the offender’s ankles were locked in settling down (Demand Media, 2010)

(Lane, 2011). The punishment of whipping posts consists of the offender getting whipped in

front of the whole town (Demand Media, 2010) (Lane, 2011). There was another type of

punishment that occurred, and that was branding. Branding also occurred when someone

committed a crime in the Colonial Period (Demand Media, 2010). Also, they used to cut the

offender’s ear off (Demand Media, 2010).

Theories

The theories expressed during this time frame can easily be summed up to be as rude,

unethical popular law. The first theory was considered to be the standard theory (Stoebuck,

1968) (Lane, 2011). There was a Chief Justice with the name of Lemuel Shaw concluded to the

facts during the Colonial Period that the Colonial beginnings of the 17th century and 18th Century

that the English jurisprudence was even considered a subsidiary force (Stoebuck, 1968) (Lane,

2011). In 1968, the author William Stoebuck mentions that Chief Justice Lemuel Shaw stated

that the common law was imported by our colonial ancestors, as far it was applicable, and was

sanctioned by royal charters and colonial statues. In 1968, the author William Stoebuck mentions

the third theory of colonial-law reception was indebted to Professor Julius Goebel. In 1968, the

author William Stoebuck mentions that Goebel found based upon Plymouth Colony from 1620

to 1650; Professor Julius Goebel presented evidence that the law practiced was that of the

customary law that was of the local courts the Colonist had known in England.

Procedure


In 2005, the author Elizabeth Kolsky talks about an English lawyer named Thomas

Babington Macaulay. Thomas Babington was an aspiring lawyer. Thomas Babington Macaulay

argued that the role in front of the British Parliament about the British governance in India

(Kolsky, 2005) (Lane, 2011). In 2005, the author Elizabeth Kolsky mentions the English lawyer

ideas about codification-creating as one great and entire work symmetrical in all parts and

pervaded by one spirit. In 2005, the author Elizabeth Kolsky mentions the goal of her article is to

explain why the root in India was as facilely and quickly as it did. In 2005, the author Elizabeth

Kolsky mentions in her article, the first Code of Criminal Procedure occurred in 1861, secured

the legal superiority of European-born British subjects.

Diversion

There was no diversion that occurred in the Colonial Period.

Prevention

Prevention was not an option during the Colonial Period. When someone did something

wrong, they received the harshest punishment (Lane, 2011). To give an educated guess to this

important header; I would have to say prevention of a person committing a crime would have to

be the idea of good education implementations to be in put in place (Lane, 2011). Generally,

there would not be any education (Lane, 2011). The person who committed a crime just received

their fair form of punishment; even if they did not like the punishment (Lane, 2011).

21 st Century


Unlike the Colonial Period, the 21st Century is a little stricter when it comes to crimes,

but they are dealt with in a way that it would not be so harsh (Lane, 2011). In the 21st Century,

when a person commits a crime, they would go through the legal process of the law (Lane,

2011).

Punishments

Depending on the severity of the crime will decide the appropriate punishment for the

offender (Lane, 2011). Punishment for an offender who commits a crime will give the option

handed down by the judge to either do some time in home incarceration, for the lesser offense to

the more serious crimes would require someone to spend some time in a correctional facility

(Lane, 2011).

Theories

The theories are based solely on the statutes of each state that sentences a person when

they commit a crime (Lane, 2011). Theories are different from the time of the Colonial Period

(Lane, 2011). In the 21st Century is not just theory, it is based on actual evidence (Lane, 2011).

Procedure

The procedures in the 21st Century when it comes to the laws are dealt with a speedy

process (Lane, 2011). This procedure may only take a short amount of time based on the actual

evidence (Lane, 2011).


Diversion

Diversion should not be ignored by the criminal justice system and scrutiny (Dingwall,

G., Gillespie, Alisdar, A., 2007) (Lane, 2011). In 2007, the authors of this story, Gavin Dingwall,

and Alisdair A. Gillespie mentions the importance of diversion in the English criminal justice

system should not be underestimated (Lane, 2011). In 2007, the authors, Gavin Dingwall, and

Alisdair A. Gillespie mentions the juvenile offenders a higher proportion of those who offend are

not dealt with through the formal process of prosecution, trial and punishment (Lane, 2011).

Prevention

Generally, the best way to prevent something like this from happening will require the

proper education of the juvenile offender (Lane, 2011) (Wilson, 2009). By properly educating

the juvenile offender will enable to produce good citizens in society (Lane, 2011). This is my

factual affirmation to this particular header (Lane, 2011). If we can prevent, and educate, we

will succeed as citizens in society (Lane, 2011).

Jim weighed out his options, and has decided to stay in the 21st century. I would like to

begin by talking about the two types of explanation. Those two types of explanation are

Psychological Explanations, and Sociological Explanations.

Psychological Explanations


The first one I would like to talk about is Behavioral theory, and how it relates to crime.

In 1996, the author Dr. Heather D. Flowe talks about Psychoanalytic Theory mentions all

humans have criminal tendencies through the process of socialization. Dr. Heather D. Flowe

goes on to say that these tendencies are curbed by the development of inner controls (Flowe,

1996). In 1996, Dr. Heather D. Flowe mentions that Freud hypothesized that the most common

element that contributed to criminal behavior was faulty identification by a child with her or his

parents. In 1996, Dr. Heather D. Flowe talks about Cognitive Development Theory as it is

formulated a theory concerning the development of moral reasoning.

Behavioral

I will begin to discuss Behavioral theory. The author who came up with this type of

research was Albert Bandura and Richard Walters collaborated at Stanford University and wrote

their first book, Adolescent Aggression in 1959. Bandura was the President of the APA in 1973,

and received the APA’s Award for Distinguished Scientific Contributions in 1980 (Boeree,

2006). In 2006, the author Dr. C. George Boeree talks about Bandura’s theory on behaviorism

and Bandura concluded with his emphasis on experimental methods, focusing on variables we

can observe, measure, and manipulate, and avoid whatever is subjective, internal, and

unavailable. One question you may be asking yourself: How does this pertain to Jim’s behavior?

Cognitive Theory and Behavior Theory work together with each other.

Cognitive

Frank Pajares mentions Social Cognitive Theory as a theory of social learning and

imitation that rejected behaviorist notions (Pajares, 2002). In 2002, Frank Pajares mentions the


year of 1963, when Bandura and Walters wrote the book, Social Learning and Personality

Development, in this book written by: Bandura and Walters, it talks about the broadening of the

frontiers of social learning theory with the now familiar principles of observational learning and

vicarious reinforcement. In 2002, the author Frank Pajares talks about how these two important

factors and they are as follows: Personal Factors, Environmental Factors, are the triangle with

Behavior of the person committing a crime. In other words, how this pertains to Jim. If the

environmental factor, personal factor coincide with each other, and only then you will have the

behavioral characteristics of someone committing a crime.

Expected Treatment

The expected treatment to such a condition will involve prescription medication under the

supervision of a medical doctor, who is licensed to practice medicine. The medical doctor will

closely monitor someone with this condition, so there is no severe side effect that can occur with

the prescription that was prescribed to the person(s).

Sociological Explanations

I would like to talk about the Sociological Explanation of someone committing a crime.

The author Mathieu Deflem talks about modern criminology and the sociological theory

(Deflem, 2006, pp. 1-6). In 2006, the author Mathieu Deflem talks about that not all criminology

is sociological in orientation and, far more troublesome, not all sociologically minded

criminological work is resolutely and thoroughly grounded in theory.

Social Structure


The social structure outlined by the authors Allen E. Liska and Mitchell B.

Chamlin talks about Social Structure and Crime Control among Macrosocial Units (Liska, A.E.,

Chamlin, M.B., 1984, pp. 383-395). In 1984, the authors, Allen E. Liska and Mitchell B.

Chamlin talks about this into their summary as there was considerable variation in arrest rates

between cities and that racial/economical composition substantially affects them, independently

of reported crime rates.

Social Structure

In addition, to the social process, there is the social structure of someone committing a

crime. The author Allen E. Liska talks about the Functions of Crime: A Paradoxical Process

(Liska, A.E., Warner, B. D., 1991, pp. 1441-1463). In 1991, the author Allen E. Liska talks about

in his summary of this journal that Sociologist has long been interested in the functions of

deviance and crime for the social order. In 1991, the author Allen E. Liska talks in his journal

about Durkheim as a functionalists, argue that crime or the reaction to it brings people together,

thereby building social solidarity and cohesiveness, which in turn decreases crime.

Expected Treatment

The expected treatment for someone that commits crimes in a sociological theory would

be care work is done in the home (England, 2005, pp. 381-399). In 2005, the author Paula

England talks about how this treatment can be effective and she goes on to say that care work is

done in the home as well as in markets for pay. In 2005, the author Paula England mentions five

theoretical frameworks have been developed to conceptualize care work; the frameworks


sometimes can offer competing answers to the same questions, and often times address distinct

questions.


References

Net Industries. (2011). Colonial Period-Criminal Law. Net Industries, retrieved from:

http://law.jrank.org/pages/11881/Colonial-Period-Criminal-law.html April 30, 2011

Boeree, C.G. (2006). Personality Theories. Autobiography of Albert Bandura, retrieved from:

http://webspace.ship.edu/cgboer/bandura.html May 7, 2011

Deflem, M. (2006). The Bearing of Sociological Theory on Criminological Research. University

of South Carolina- Department of Sociology. Vol. 7. 1-6. Elsevier/JAI Press Publisher.

Amsterdam, retrieved from: http://www.cas.sc.edu/socy/faculty/deflem/zSTCRintro.html

May 8, 2011

Demand Media. (2010). Crime and Punishment in Colonial America. Essortment-Your Source

for Knowledge, retrieved from: http://www.essortment.com/crime-punishment-colonial-

america-20979.html May 1, 2011

Dingwall, G., Gillespie, A., A. (2007). Special Issue: Diverting Juveniles, Diverting Justice. Web

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2011

Flowe, H.D. (1996). Intro to Psychology and the Law. University of California at San Diego,

retrieved from: http://psy2.ucsd.edu/~hflowe/psych.htm May 7, 2011

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