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.
Juvenile Transfers and Waivers 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.
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.
Recently, they have come to the conclusion that children between the ages of 16 and 18 who commit adult crimes should be tried and sentenced as adults. After researching information and cases of minors being tried as adults, I have concluded that if minor offenders were punished in the same degree as adult offenders are, the number of minors committing crimes might be reduced significantly. While it is not appropriate for these individuals to be placed in the same facilities as adult offenders, they should receive the same degree of punishment in a younger environment. These perpetrators are protected by a lenient and highly outdated juvenile system and violent youths have taken advantage of this system. In some jurisdictions, a child may have to commit 10 to 15 serious crimes before anything is actually done.
In the act of violent crime, the criminal uses the threat or physical violence against the victim. The violent crime act considered as manslaughters, murder, physical assault, sexual assault, kidnapping, and robbery or burglary. In this essay, I will analysis the violent crime, its movements, causes and method to moderate or reduce the violent crime through the different criminologist theories or views. This article assesses the teenager’s involves in violent crime and their high arrest rate due to the economic deprivation and lack of future success in youth. It gathered the information from California Criminal Justice Statistics arrest and census poverty statistics for 2010 to symbolize that the poverty is the principal cause to commit violent crime offense.
Nearly 40 percent of juvenile crime occurs after school, whereas for adults the crime rate is highest before and after midnight. The report also says that Juveniles ages 12-17 were more likely to be victims of violent crime, including rape, robbery, and simple assault, than adults 25 and older (qtd. in Juvenile Violent Crime Rating Alarming). Edward Zigler states that the 1970s brought a wave of change to the nation’s juvenile justice system. Common alternatives were counseling, social work, and restitution programs in which offenders were ob... ... middle of paper ... ...urts.
Previously, society thought we could rehabilitate juveniles and turn them away from a life of crime. What is the best answer for society, the juveniles and their victims? People in America began to get very worried and upset about the news reports they were seeing almost daily in the paper and on the television about juveniles committing serious crimes. There was a movement that began to demand governments do something about this increase in crime by juveniles. In 1988, about 1.6 million juveniles were arrested, 69,000 for violent crimes, which include murder, rape, robbery, and aggravated assault.
It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver. The age of the offender determines whether they meet the requirements for a judicial waiver offense. With that said not every state offers all three of the methods a juvenile can qualify for a waiver. In the process of judicial waiver offense the judge takes the final decision on waiving a case.
Due to the facts and evidence that United States have done on juvenile, in addition juveniles should be trial as an adult and do their time for the crime they committed. Many Americans agree that juvenile’s that commit highly crimes should be trial as an adult, and pay their consequences. “Juveniles fourteen years of age or older charged with committing certain types of murder or a series sex offense, under Prop 21, are generally no longer eligible for juvenile court and prosecutors are allowed to directly file charges against juvenile offenders in adult court...” (California Proposition 21). Under many circumstances juvenile at a very young age are committing certain types of crimes, and should be trial as an adult just because their teenagers committing crimes does not mean they did not know what they did. Many young teen are being let away for the crime they commit and should not be that way just because their loosing brain tissue does not mean they do not realize what they are doing that moment.
Law enforcement officials and judicial officers differ in the way that they investigate and process cases involving juveniles and adults. Juveniles who are suspected of criminal activity are processed by the juvenile justice system and their cases are held in a separate court from adult criminal cases. Juvenile cases are processed under the basic assumption that young offenders can be rehabilitated and reformed. Recidivism is acceptable more with the youthful offender and society often allows them more chances to improve their criminal behavior outside of the correctional institution. The Fourth Am... ... middle of paper ... ...n offer America the opportunity to take a giant step forward in our fight to control adolescent crime.