The Juvenile Court System
The Juvenile Court system was a system set up to deal with minors who find themselves in
trouble. In trouble with their parents, or the law. This system has its benefits and its
flaws.
The first juvenile court in the United States was established in 1899, in Illinois.
This set a trend that would grow across the entire United States { Forer, 198 }.
In 1974 The Juvenile Justice and Delinquency Prevention Act was put into effect. It had
many regulations to follow, such as, making prevention of juvenile crime a national
priority. It also assisted state, local, individual, and private organizations to have more
sensible, less costly, and more preductive systems. It also prevents juvenile halls from
turning into nurseries for crime. Separation of minors and adults in the facilities is also
part of the act. States who do not corporate with the standards of the act do not receive
funding from the government, the states who do follow will receive government aid
{ Hyde, 42 }.
The three areas that juvenile courts deal with are criminal acts of minors, minors
neglected or mistreated by parents, or minors in need of supervision in order to stay out of
trouble. A minor can be brought to a juvenile court for other charges that are not
criminal. Such as running away, disobedience, mischief, annoying behavior, or a claim for
dependency {Forer, 114 }. The juvenile courts do not handle any civil matters. The
courts have their flaws in dealing with minors.
There are no set standards for the rights of an accused minor. Lately the laws
dealing with this have become better. But may rights are not being given. The rights that
have been noted as being violated are as follow...
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halls and other facilities. They are just getting tougher day by day. The court system has
to work on rehabilitating the youth of America that ends up in trouble with the law. The
people of the nation want to " fix " the children to become better people. The courts
desperately need to look at what goes on inside the detention homes. They have to make
sure the minors are getting better and are doing OK. If our nation set up this juvenile
court system to save kids from a life full of crime they need to start to look at how the
system is being run now. We have to stop violating their rights because we can, and get
away with it. They have rights to and are entitled to them all. The system is a good
system to have, but some problems need to be worked out, for it to run to the benefit of
the minor, which is why it was put into place to begin with.
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...
The Juvenile Justice System in the State of Texas celebrated its 100 Birthday in 1999. Many people believe that the Juvenile Justice system is equal to the adult system and that juveniles are punished as adults are but that is not always the truth. The Texas Juvenile System is made up of a mixture of the Criminal Law and the Civil Law. It is governed by The Juvenile Justice Code which is called the Title 3 of Texas Family Code. The only similarities that are shared with the Adult system are that it also refers to the Texas Penal Code and the Code of Criminal Procedures for rules. The steps of The Court Procedures are: If a child is arrested, they are detained in a child facility, a child is not bonded out but most go before a judge. Once before the judge, it is decided if a petition will be filed depending upon the severity of the offense. The child can then make his or her pleading if the child wishes to plead not guilty a jury child can be requested. Even if there is a jury trial, only the judge can determine the punishment. The judge is also limited to the punishment that he or she can sentence because of the Juvenile Code’s Progressive Sanction Levels. This is the method which the Juvenile system uses to rank crimes.
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
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
As of now, CYA uses large, remote, high-security facilities. They may be called "schools," but with about 400 kids in each one, they are more like warehouses, storing wards until they are ready for release. For decades, experts and officials have dismissed this model as incapable of meeting the juvenile justice system’s goal of rehabilitating youth.
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.
with issues for the juveniles and their families. There is a team of people in the court system who
“Morals are inherent from birth” (Wilde). Children, like adults, should know wrong from right. A child’s upbringing does impact them a little, but it’s in their nature to know right from wrong. One may say that a child is going to become hardened after they get out of jail, but it’s also the same for adults. Kids should be treated as adults since they can commit the same crimes as adults. “The juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes” (cliffs notes). This is unfair because they base their decisions on how old the child is. What do they think this is, school? In school, they basically teach children based on their age, not on how much they know already. The court system shouldn’t be like school.
Justice has always been the goal of our court system, but it is not always served, especially in cases involving juveniles. The judiciary process has evolved from a system that did not initially consider juveniles, to one where juveniles have their own court proceedings, facilities, and even rules or laws. The juvenile justice system has come a long way, and people have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, resembling an adult. However, resembling an adult does not always mean that juveniles will have an adult mindset. Thus, juveniles may need extra attention to help get their lives on track. This paper will analyze various ways involving juveniles and correction facilities and programs.
In 1899, the nation’s first juvenile court for youth under the age of 16 was established in Chicago to provide rehabilitation rather than punishment. By 1925, following the Chicago model, all but two states had juvenile courts whose goals were to turn youth into productive citizens utilizing treatment that included warnings, probation, and training school confinement(Cox et al. 2014, p.2). Treatment lasted until the child was “cured” or turned 21. Although judges spoke with the offending children and decided upon the punishment, the lack of established rules and poor rehabilitation led to unfair treatment. In 1967 “ U.S. Supreme Court case of In re Gault held that juveniles were entitled to the same constitutional due process rights as adults, beginning a national reform in juvenile justice and the system was repaired to afford children many of the same rights that adults have in court” (Cox et al. 2014, p.4). Also, state legislatures passed laws to crack down on juvenile crime, as recently, states have attempted strike a balance in their approach to juvenile justice systems as research suggests that locking youth away in large, secure juvenile facilities is ineffective treatment towards different genders in which it doesn’t provide appropriate rehabilitation.
The Illinois Juvenile Court Act of 1899 was the first juvenile court established in the United States (Locked Up…). The juvenile court was created to handle the offenders on the basis on their rather than their crime. In the 1980’s and 90’s many states passed laws to try teens as adults (Should Juveniles…). The court system served to the minors under the age of sixteen. The courts didn’t typically support disciplinary actions. The people in charge did everything in their power to not have the victim spend time in a juvenile detention center or better yet prison. Remedial sentences were the most common types of discipline (Locked Up…).
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.
The majority of youth can be served by these community-based services. Too often incarceration is used as a first step rather than a last resort. By using the money currently spent on incarceration and focusing it on community-based options for treatment and supervision that keep youth close to home should lead to more productive future adults.
Juvenile delinquency is a serious problem and leads to negative outcomes for youth, families, and society as a whole. Adolescents under the age of 18 who are arrested for committing a criminal act are processed through a juvenile justice system. The juvenile justice system is grounded on the principle that the youth have different needs than adults. During adolescence, youth are forming their identities and still developing mentally, physically, socially, and emotionally. Due to their early stages of development, juveniles who violate the law should be treated differently than adults.