Once the prosecutor has made the decision to charge a juvenile with an excluded offense, the case must be filed in criminal court (Statutory Exclusion, 2008). A more complex method of waiver is the concurrent jurisdictio... ... middle of paper ... ...Like Adults Make a Difference? : http://www.pbs.org/wgbh Juvenile Justice Reforms in the United States. (n.d.). Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov Males, M. and D. Macallair (2000).
The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011). I personally do support utilizing the determinate sentencing for these offenders and believe that it would fail the criminal justice system not to utilize them. This is considered a heinous crime and they should not be shown leniency. At the age of 12-14, the juveniles know that murder is wrong, and the fact that this young man had to lose his life at the age of 19 over an IPOD is atrocious.
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.
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.
Getting off death row: Commuted sentences and the deterrent effect of capital punishment. Journal of Law and Economics, 46(2), 453-478. Radelet, M. L. (2009). Do executions lower homicide rates: The views of leading criminologists? Journal of Criminal Law and Criminology, 99(2), 489-508.
(2004a, January). Evolving Standards of Decency. Retrieved May 22, 2010, from Cruel and Unusual Punishment: The Juvenile Death Penalty: http://www.abanet.org/crimjust/juvjus/EvolvingStandards.pdf ---, (2004b, January). Adoloscence, Brain Development and Legal Cupability. Retrieved May 2010, from American Bar Association: http://www.abanet.org/crimjust/juvjus/Adolescence.pdf Streib, V. L. (2004, April).
The following are the classification of the various waiver laws that have been advanced. Discretionary waiver is the provision that allows juvenile court judges to transfer a case involving a minor from a juvenile cour... ... middle of paper ... ...n conclusion, the state must guarantee that the number of youths being exposed to adult treatment is reduced if not done away with. The states must also guarantee that the proper services, treatment programs and sentencing actions that fit the juveniles are used. The transfer system and its related treatment of youthful offenders return the system back to the times when there was no juvenile justice system. But also, I don’t think all juveniles are bad.
In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol). These early ref... ... middle of paper ... ... been recognized as criminal proceedings. The double jeopardy clause in the Fifth Amendment prohibits the state from trying an offender as juvenile and later as an adult for the same crime. Works Cited Einstein law, (2008). Lawyershop.com.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver laws, statutory exclusion laws, and prosecutorial discretion or concurrent jurisdiction laws.
The advocates of the transfer of the juveniles to adult court believe that since the same crime was committed, the same act was done, thus, there is a need to impose the same harsh punishment. In this way, the advocates of this shift believe that... ... middle of paper ... ...treatments which they needed. It cannot in any way be done through adult courts as this will only make the situation of the juvenile to an even worst. References Candace Zierdt, (1999). The Little Engine that Arrived at the Wrong Station: How to Get Juvenile Justice Back on the Right Track, 33 U.S.F.