It’s about holding them accountable for their actions by placing them in adult jails to set an example for others, a deterrence. The problem lies in ignoring the general separation the law has in housing juveniles and adult offenders separately. Juveniles should be tried and sentenced separately because their cognitive learning and correctable behavior will be different than that of an adult. According to the Texas Law Review (2004), “Juvenile courts recognize two main kinds of juvenile offenses. Juvenile crime is simply criminal activity committed by a juvenile.
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."
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California. The term juvenile delinquent was established so that young lawbreakers could avoid being classified in legal records as criminals.
Some of the transfers to adult court even occur automatically based on the juvenile’s age and crime. However, since this is ruled by individual states, there is no reliability to which juveniles get transferred and for what crime. In general, however, violent crimes will decrease if a tougher penalty is assessed based on the juvenile being tried in adult court. The relocation to adult court whether it is automatic or requires legal review should be available altogether cases of violent crimes committed by people in their young years. If these teenagers are committing... ... middle of paper ... ...re as runaways or thieves.
“One of the most important actions that can occur in the early court processing of a juvenile offender is the transfer process, or also known as waiver” (Siegel & Welsh, 2011). Before they had a juvenile court system, juvenile offenders were treated in the Adversarial Criminal Justice System, in the same manner as adults. These influenced legislators in many countries to think of alternative procedures that could be used in dealing with youthful offenders instead of subjecting them to the harsh treatment in the criminal justice system (Siegel & Welsh, 2011). So, this led to the establishment of juvenile courts that focused more on rehabilitation rather than punishment. Court proceedings were made more informal, and youthful offenders were since distanced from the Adversarial justice system.
Urbina and White (2009) state that ... ... middle of paper ... ...inal court system for the safety and protection of the juvenile, as well as the surrounding community. If a juvenile is likely to receive more help through the adult criminal court system, then this action should be proceeded with. If a juvenile is a very serious offender, or continues to repeat their criminal actions, then the juvenile court system is not having the proper affect on them; therefore they should be transferred to the adult criminal court system and processed with this way. Considering the life of a young adult will be altered, there are very serious circumstances to consider and is not to be taken lightly. The actions of the court may have long-standing, or harsh, affects on a juvenile.
Juveniles commit acts that if committed by an adult would be criminally liable. Thus, juveniles who commit certain acts come within the area of responsibility of law enforcement officers. These lawbreakers are called delinquents in the jargon of criminal professional within the field. There are individuals that argue that the delinquency of juveniles up to the age fifteen are a problem for the police and welfare workers (Prettyman, E, B., 1961). However, this is based on individual opinion that may not be accurate in describing all juveniles within the justice system.
Category A and D could be non-violent cr... ... middle of paper ... ...riminals want have adult criminals. Truth be told those juveniles that become adult criminals, have only served probation, was on house arrest (curfew) or was sent to a wildness or boot camp in the hopes to deter them; however, because the punishment for their crime was not serious they didn’t take it serious and therefore if they received a slap on the hand. “Some policymakers feel that the juveniles system is no longer the best option of young offenders, and thus laws are being modified to accommodate what some view as the modern practice of controlling young criminals: adult sanctions for adult crimes in the criminal justice system” (Urbina & White, 2009). Stricter laws for juvenile offenders as well as punishment will teach adolescents that you can’t just do what you wont to do and think, because you’re a child that you will not have any serious consequences.
Alexus Ellis English 11 Mrs. Murphy 12 February 2014 Should Juveniles be tried as an adult? In some states “Juvenile” is the age of seventeen and younger. All states are different juveniles can also be an adult anywhere between 15 or 18 (Merrefield). If any juvenile commits a crime that an adult would get charged for and get served prison time a juvenile should as well. If the juvenile has committed crimes such as murder, possessing any illegal drugs, or maybe did something to get fined, they should pay the amount of money like an adult.
In most cases, the arrest of a juvenile will be handed over to the juvenile justice system. The juvenile justice system places an emphasis on rehabilitation, education, and treatment of the convicted offenders. Juveniles’ records are confidential and more easily esponged. This will hopefully allow these kids to turn their life around for the better. The adult justice system focuses on punishment, which does not emphasize sending convicts down the right path once, or if, they are released.