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."
Many of the states apply the th... ... middle of paper ... ...ing with young minds and punishing them in juvenile courts may be of advantage to the young people and at the same time reduce propagating them into developing a violent future in criminal activities. Correctional facilities that address and cater for the juveniles are the way forward to streamlining the youths (Kristin, page4). Works Cited Jeff Slowikowski. An Effective Deterrent to Delinquency: Juvenile Transfer Laws. Juvenile Justice Bulletin.
Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
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.
Are juvenile diversion programs effective toward the recidivism rate of juvenile offenders? An important part of the criminal justice system is how to solve the issue of recidivism and how to lower crime rates in the United States. A vast majority of adult offenders start out as juvenile delinquents. Finding an effective treatment program for adolescents, or juveniles are essential to solving this issue. A juvenile offender is a person below the age of eighteen who commits a crime.
. 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.
Specially trained lawyers work closely with trained social workers to provide legal representation and education, foster care, mental health, and policy advocacy”(_____,2014,p.1118). The goal being to expand beyond what is usually being presented in courtrooms, putting the same amount of focus on the individual and the crime. Analyzing the lifestyle of a juvenile could form answers to the questions surrounding influences and the impact the crime had on them. In the Supreme Court case of Miller v. Alabama, “the courts [were able to] recognize that adolescents are less blameworthy nor the offenses they commit because they are less capable of evaluating the possible outcomes of different courses of actions and they are more vulnerable to external
The Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in, the juvenile justice system began to change. A transition from the classic objective of reform brought by juvenile justice system to a more tough policy that focus more on public safety and on idea of punishment to juvenile offenders came to effect.
Prior to the establishment of the modern juvenile justice system, children could be made to stand trial in criminal court for crimes committed, and if found culpable, they could be sentenced as an adult would be sentenced for similar crimes, with sentences resulting in prison time or even death. The juvenile justice system was developed in a large part due to the developing belief that youth offenders were incapable of criminal intent and should not be held to the same criminal standard adult offenders are. Therefore, it was considered appropriate to exempt juvenile offenders that were considered incapable of intent to commit a criminal act from prosecution and punishment. “Parens patriae” is the responsibility of the state to institute control over children when the child has posed a problem for the community due to criminal behavior, or when the natural parents of the children were either unable or not willing to meet their parental responsibilities. The juvenile justice reform movement began in this country according to this “parens patrie” line of thinking about the states role in the development of a child.
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.