“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.
. juvenile delinquency. In this report I will: define juvenile delinquency, give the extent of juvenile delinquency, give some suggestions on what causes juvenile delinquency, and what is being done in various communities to deal with this growing problem. The legal term juvenile delinquent was established so that young lawbreakers could avoid the disgrace of being classified in legal records as criminals. Juvenile delinquency laws were designed to provide treatment, rather than punishment, for juvenile offenders.
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.
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.
“Court officials must balance the interests of public safety with the needs of youth when making decisions about which program to place a juvenile offender and which level of restriction is required. Juvenile offenders who commit serious and/or violent crime may require confinement to protect public safety and intensive supervision and intervention to become rehabilitated. On the other hand, many offenders can be effectively rehabilitated through community-based supervision and intervention. (James Austin, Kelly Dedel Johnson, and Ronald Weitzer)”
Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders. One of the major determining factors of the beneficialness of teen courts, is recidivism. According to Butts and Ort... ... middle of paper ... ...l behavior by educating youth, and youth are more likely to respond positively when being taught by other youth (Strobel, p.1).
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.
If a person constantly hears themselves being described as a criminal then they will behave in that manner to fulfill that label. Intervention at an early stage can help have been proven to be encouraging to this approach (Farrington, 2012). The aftercare programs in this new system are different. The focus in these programs are centered on gaining trust, building relationships, and having rehabilitating programs available. These new elements will help make the juvenile justice more restorative and rehabilitating to offenders who still have their entire life in front of them.
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
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.