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By Root 1302 0

treatment in the courts. Because the emphasis was on rehabilitating rather than on punishing them, the charges were different – "juvenile delinquency" rather than assault or murder – as were the proceedings and disposition of the case – "hearings" rather than trails, sealed records rather than publicity, and lectures rather than imprisonment. In recent years, however, the public has become dissatisfied with that system. Many people are demanding that criminals be treated as criminals, regardless of their age. The broad issue is usually expressed as "Should juvenile criminals be treated the same as adult criminals?" however, like the other issues we have examined in this chapter, this broad issue represents a cluster of smaller issues, which you might clarify as follows:

The Subheading

The Question

Causes of juvenile crime

Are juvenile delinquents alone responsible for their criminality? Are parents and others in society (makers of violent films, for example) also responsible? If others are responsible, should the law "get tough" with them? How?

The age of responsibility

Is it reasonable or fair to hold people responsible for their actions before they are old enough to understand their moral and legal quality? At what age does a person reach such understanding?

Similarities or differences between juveniles and adults

Is it reasonable to hold a fourteen-year-old (or a sixteen- or eighteen-year-old) as accountable as a twenty-one- or thirty-year-old?

Effect of publicity on juvenile crime

Will publicizing young people's crimes deter juvenile crime? Will it assist in the process of rehabilitation?

effects of imprisonment on juveniles

What effect will imprisonment have on teenagers? On preteens?

Differences in crimes

Should all juvenile crimes be handled alike? That is, should the criminal's age be considered in certain crimes (Vandalism and shoplifting, for example), but not considered in others (rape and murder, for example)?

Recidivism

Should chronic juvenile offenders be treated differently from first-time offenders? If so, in what way?

Prisons

If juvenile offenders are sent to prison (say, for crimes of violence), should they be housed in the same institutions as adult criminals?

By identifying precisely the issue we wish to examine, we not only ensure a clearer focus and increase the chance that we will not exceed our competency. We also make the job of analysis easier. The fewer aspects competing for our attention, the less distracted and confused we are likely to be. Even on those rare occasions when we will be addressing the entire issue in all its aspects, careful identification of those aspects can make our inquiry more orderly and purposeful. Finally, precise identification of the issue lessens the chance of oversimplifying complex matters.

APPLICATIONS

This chapter explains three steps that are helpful in selecting and clarifying an issue for analysis. Apply those steps with each of two of the following topics. Be sure to select topics that interest you, because applications in subsequent chapters will build on this one.

Should the federal income tax system in the United States be reformed?

Is sex education desirable in elementary and secondary schools?

Should the divorce laws be tightened so that it is more difficult to obtain a divorce?

Is it possible for a sane person to commit suicide?

Does a government ever have the right to impose the death penalty for a criminal offense?

Should prostitution be legalized?

Should lobbying by special interest groups be outlawed?

Should advertising be banned from children's TV (for example, from Saturday morning cartoon shows)?

Are people who practice devil worship insane?

Is it reasonable to believe in UFOs?

Are male athletes naturally superior to female athletes?

The following topics were included in the applications for Chapter 1. Choose one of the topics and apply the three steps for clarifying an issue presented in this chapter. (Disregard your earlier analysis of the issue.)

Should freshman