There are laws out there saying that if you commit an A felony or B felony you are automatically waived to adult court. The purpose of Juvenile court is to rehabilitate the juvenile so they don’t reoffend. They don’t really punish the juvenile it is just whatever is in the best interest of the juvenile. Also when you go through the court process. Your parents get involved, where in adult court your parents are not involved.
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.
For instance, if a juvenile commits a crime, such as murder or grand theft, they are sent to county jail or state prison. As a result, incarceration is one of the possible sentencing categories that juveniles could be given. Then, the second sentencing category for juvenile delinquents is non-incarceration. Non-incarceration is a sentencing that involves no type of confinement and is given to ju... ... middle of paper ... ...n be created to reduce the amount of juvenile delinquency in a society. As a result, there are many different causes for juvenile delinquency and there are different solutions to solve.
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.
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... ... middle of paper ... ... Critical Next Steps in Assessing the Impact of Laws for transferring Juveniles to the Criminal Justice System. Youth Violence and Juvenile Justice 1(2), 156-169.
Ritter (2010) claims that persons under the age of seven years may not be capable of forming guilt mind. The decision whether children aged between 7 and 14 years has the ability of forming a guilty mind is done by the judges. If the judge believes that the child had a capability of forming a criminal intent he can send him to the juvenile court. In juvenile courts, judges have an obligation of determining the fate of the juvenile offender: circumstances under which the juveniles are detained; when they are to be released; and how long their sentence is to take. In most of the states, children aged 14 years and above are believed to be having a capability of forming criminal intent.
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. It is up to the judge to decide the juvenile’s type and length of sentence. It’s depending upon the facts of the crime and its seriousness. Usually they fine you for lower level offenses, and use prison for the most serious crimes. If he or she is old enough to do the crime, they also could do the time, no matter what the age.
On top of that Milad2 it also gives protection like the criminal court system gives adults who are responsible to serious penalties if guilty. In paragraph six of Rita’s essay she says that the current juvenile system has made it the defendant’s lawyers job to protect the young client from any possibility of rehabilitation. That means that the courts now are also protecting rights of juveniles, which makes it even more impossible for prosecuters to convict the defendant. This then offers the child to get away with no punishment and now thinks that he/she have the right to keep on acting in a misbehaving or unlawful way which had brought him or
The initial stage is intake. The intake procedure is also recognized as prosecution in the adult courts. In this stage, the court or prosecutor establishes whether to prosecute the case in juvenile court. Factors looked at this stage include; the proof of the crime, the gravity of the crime, the delinquent’s preceding unlawful and court history and the success of rehabilitation appraisals of the juvenile. Rooted in societal and legal results, the case might be discharged, taken care of off the record or an official trial may be applied for.
It wouldn’t be just to sentence and charge a juvenile as an adult. Being as young as they are they don’t understand how to control certain emotions and actions. He also explains “ brain cells and connections are only being lost in the areas controlling impulses risk-taking, and self controlling ... ... middle of paper ... ...nile because an adult is mature enough to know the consequences and punishments of any actions committed. Juveniles should be sentenced to juvenile jail for four to eight years the maximum. During those years in jail they can learn and experience how life can officially be in a jail cell if they continue committing more crimes in the future time.