176k views
3 votes
When juvenile court is looking out for the best interests of the child what philosophy is the court applying?

Option 1: Retributive justice
Option 2: Restorative justice
Option 3: Utilitarian justice
Option 4: Paternalistic justice

1 Answer

5 votes

Final answer:

The juvenile court applies Paternalistic justice when prioritizing the child's best interests, which seeks to care for and improve the child's welfare rather than focus solely on punishment.

Step-by-step explanation:

When a juvenile court is looking out for the best interests of the child, the philosophy the court is applying is known as Paternalistic justice. Paternalistic justice prioritizes the welfare and development of the youth over the punitive aspects of the justice system. This approach is contrasted with retributive justice, which seeks to punish individuals for their past crimes; utilitarian justice, which aims at the greatest good for the greatest number; and restorative justice, which concentrates on crime as an injury to all parties involved and strives to repair these injuries and reconcile the parties.

The juvenile justice system prefers alternatives to incarceration because it is deemed that for juveniles, incarceration can increase future crime rates, reduce educational attainment, and decrease the opportunity costs of crime, thereby encouraging recidivism. Diversion programs that include community service or drug treatment have been found more effective. Furthermore, restorative justice can be utilized in some cases to provide a cost-effective way to address crime and foster higher victim satisfaction.

User Tiz
by
7.8k points