It was supposed to provide a means of protecting the child from the harshness of the adult court, which emphasized obtaining guilt and punishing the individual (Hickey, 2010). The dichotomies of "treatment-punishment" and "chi... ... middle of paper ... ...with the juvenile justice system that are counter-intuitive to the well-being of children and proper justice. However, it remains to be seen whether the direct separation is involved, or if it is strictly because it is justice pertaining to juveniles. References: Fortas, J. (1967).
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.
Juvenile delinquency laws were designed to provide treatment, rather than punishment, for juvenile offenders. Young delinquents usually are sent to juvenile courts, where the main aim is to rehabilitate offenders, rather than to punish them. But the term juvenile delinquency itself has come to imply disgrace in today's society. A youngster can be labeled a delinquent for breaking any one of a number of laws, ranging from robbery to running away from home. But an action for which a youth may be declared a delinquent in one community may not be against the law in another community.
Confidentiality in many cases focuses on providing a level of protection as well as a focus on preventing harm on to the future of individuals that are caught in the crosshairs of the justice system. However, the most important reasoning of confidentiality in the juvenile court is that it is an extension of principles shared by different levels within the courts. It focuses on helping an individual to some extent prevent any further damage especially if the case is considered to be a minor one. While breaking the law is a major offense in any capacity, there are situations in which a minor offense may have impacts beyond the justice that is the Spence by the court at that point in time. However, as the court system to create a level of judgment on the crime that was committed by a juvenile, there is a higher focus on providing individuals with a level of protection in terms of their information being put in the public arena.
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.
This study will cover origin of the behaviour problems that include biological, psychological and sociological relations that may factors as to why youth become delinquents. For example, a sociological issue that might lead to a juvenile becoming a delinquent may be the more delinquent friends one has, the greater chance one has to become a delinquent themselves. Delinquency then causes several problems within society that allows youth to attain criminal records, receive criminal punishment and ruin one’s reputation within society. Pre... ... middle of paper ... ... central of reasons for criminal activity. All juvenile cases and scenarios are unique and different, and the causes of each youth’s actions are all different.
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.
These " special rights and immunities " exist so that the justice courts can provide measures of guidance and rehabilitation for the child along with protection for society. However, there are some youths who are extremely dangerous and do not respond to attempts to reform themselves. The question is, should established mechanisms for transferring or waiving juvenile court jurisdiction in these exceptional cases take away these "special rights" and subject the youth to the full range of penalties for criminal behavior including, in some jurisdictions, execution (Thomson vs. State, 1986:784) ? Should These juveniles who perform the same malicious acts as some adult capital offenders be subject to the harshness of the criminal courts and the finality of the death penalty ? This paper will discuss a history of capital punishment for juveniles in the United States, methods of transferring juvenile cases to cri... ... middle of paper ... ...and its importance concerning the subject.
Juvenile delinquency is major issue in the United States. Many studies have focused on trying to find ways to reduce juvenile delinquency. One strategy that has been studied in great depth is deterrence through harsh punishment accompanied by get-tough approaches. Those who support this strategy believe that the fear of punishment or the severity of the punishment will prevent juveniles from engaging in delinquency. Authorities fostered this fear through establishing mandatory minimum sentences, blended sentences and allowing waivers to adult court, to list a few.
Throughout, the history of criminal acts being committed among individuals in society. However, there was a system create to address juveniles who commit harsh crimes during the duration of them being a minor in society. There are three classifications of delinquencies that the law identify children in the system, juvenile delinquent (a child between the ages of 7-15, who commits a crime), juvenile offender (a child between the ages of 13-15, who commits a serious violent offense), and a youthful offender (a child between the age of 16-19who commits a crime).Due to certain circumstances, each delinquent case are viewed different by the courts based on the crime he or she has committed. To emphasize each state have their own regulations on