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juvenile court case studies
is the juvenile justice system different from adults
is the juvenile justice system different from adults
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Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which includes the media. Their records are often confidential, protecting children from carrying the burdens of their delinquent activity into adulthood. Also, their records are supposed to be sealed. But what happens when a juvenile’s criminal case is transferred to an adult court? Are the guidelines or rules different from any other adult offender? What are the advantages and disadvantages of the sentencing guidelines? For many years, states have believed that the juvenile justice system came about to protect the public by providing a system that helps children who are maturing into adulthood. States understand that children who commit crimes are different from adults. They believe that children are less blameworthy, and have a greater capacity for change. To make up for these differences, states have created a separate court system for juveniles, and they have created a separate, youth based system that is different than that provided to adults. The first juvenile justice system was esta... ... middle of paper ... .../shows/juvenile/stats/juvvsadult.html>. Komiscruk, K. Differences between juvenile and adult courts. 2004. . Larry J. Siegel, Brandon C. Welsh. "Juvenile Delinquency Theory, Practice, and Law." Linda Schreiber Ganster, n.d. 549. Mulvey, Edward P. Transfer of Juveniles to Adult Court. December 2012. . Redding, Richard E. Juvenile Justice Bulletin. June 2010. . Satchel, Roslyn M. Lost Opportunities: Our children are not rehabilitated when they are treated and incaracated as adults. n.d. . Virginia Rules. n.d. . Welsh, Larry J. Siegel Brandon C. "Juvenile Delinquency Theory, Practice, and Law." n.d. 79.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
When our thoughts turn to the criminal justice system it is only a natural instinct to assume everyone associated with policing, courts, and corrections will have to deal with juveniles sometime in their career. Young people in today’s society can be so easily influenced by social situations, peer pressure, and family members. The courts in the United States are faced with difficult decisions on a daily basis. Sentencing juveniles to adult facilities for their crimes is becoming a common trend in the justice system today; however it is not a deterrent whatsoever. “The current policies of juvenile bind over to adult criminal court and severe sentencing have been unsuccessful
A movement has started in our country to renovate the juvenile justice system. This movement wants to erase any differences between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults...
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
For those juveniles deemed dangerous, or those that have committed a serious crime, a different process would follow their initial contact with the court. This involves the removal of the offender from the juvenile system, to be transferred to the adult criminal court. These offenders are adjudicated as an adult if certain factors are present. The waiver to the adult court is often a critical step in receiving a harsh sentence for juveniles. Two Supreme Court cases have addressed the issue of juvenile waivers and transfers, Kent v. United States and Breed v. Jones. The two cases resulted in specific requirements for transfer hearings, including a) a legitimate transfer hearing b) sufficient notice to family and defense attorney c) right to counsel d) a statement regarding reason for the transfer. However, the waiver of juveniles is often criticized by experts for various reasons. "Minors are likely to be looked upon as special persons by prosecutors, probation officers, and judges in the criminal courts. They are younger than the main population of defendants before the criminal courts…while a minor may be looked upon as a hardened criminal in the juvenile court, (s)he may be viewed as a mere innocent youngster in criminal court." (Abadinsky 72). Some research has shown that the transfer of juveniles is a waste of both time and money. Why? Because the offender often receives the same treatment or senten...
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
John P. Wright, Kären M. Hess, Christine H. Orthmann. "Juvenile Justice." Cengage Learning; 6 edition, 2012
Guilty! As the gavel hits the sound block, everyone is amazed at the verdict. This teenage boy is sentenced to a life in prison without parole. As you read this in newspapers, magazines, and even online, what goes through your head? You may be thinking, “Why is this teen being tried as adult, he is just a kid?” While he is “just a kid”, and this is a widely held opinion, but it is not mine. Should minors who commit violent crimes be tried as adults? Absolutely. Just because minors are young they do have the ability to know what is right from wrong. Since these minors have committed the crime, they need to be held accountable. If a minor has acted as an adult, they need to be treated like adults. Lastly, minors need to know that their actions have consequences, no matter what age.
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
What is important to understand in terms at the difference between the juvenile and adult system is that there is a level of dependency that is created tween the two and the juvenile system focuses on how to help rather than in prison individuals at such a young age. However, it usually depends on the type of crimes that have been committed and what those crimes me for the families and how they impact of the greater society. The adult system distinguishes between dependence and delinquency mainly because there was a psychological transition that occurs with juveniles that is not always a predictor of a cyclical life of crime. However, if an adult is committed to the justice system there can be a dependency of delinquency and a cycle of crime that is more likely to be sustained at that age and level of cognitive ability then in comparison to a juvenile. The reasoning behind this is important is that is focused on maintaining a level of attention to the needs and capacity abilities of individuals living and working in different types of societies (Zinn et al.,
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. American Correctional Association Wilkerson, I (1996) “Death Sentence at Sixteen Rekindles Debate on Justice for Juveniles.” New York Times, November Butts, J.A. and Snyder, H. (1997) “The Youngest Delinquents: Offenders Under the Age of 15,” Juvenile Justice Bulletin (Washington, DC: U.S. Department of Justice) Lefevre, P.S., “Professor Grapples with Execution of Juveniles.” National Catholic Reporter Snyder, A. “Serious and Violent Juvenile Offenders” (1997) National Center for Juvenile Justice
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.