The juvenile justice organization is rooted in the normal criminal justice organization. The major objective of a juvenile court might be different from the criminal court; however, the procedures have resemblance in application. The organizations are anchored in shielding society and seizing criminals responsible for their deeds.
Once a juvenile, in this case Colleen M, goes into the juvenile justice structure, she goes through the intake procedure, detention, adjudication, disposition and aftercare (Scholte, 2002). 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. All through the intake processing or before an official disposition, the youth might be put in a detention facility. Detention may lengthen to the official trial, or after adjudication.
Once at the formal hearing phase, the prosecutor can put forward a waiver or a delinquency petition. Once a determination is made, the juvenile might either remain in juvenile court or is moved to the criminal court. If she stays in juvenile court, an adjudication hearing occurs. A determination is made anchored in the proof offered. If the juvenile is adjudicated as felonious, the disposition hearing occurs. In the disposition hearing, probation proposals or a disposition plan is considered. A...
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... status; we as well discover her conduct towards other individuals present in the school as below par and above all we find out that her academic performance is wanting especially within the most current school terms.
Therefore following Colleen scores on the risk assessments, it is highly probable that she could be sent to a juvenile detention facility. She is a time bomb waiting to explode and the explosion could be irreparable.
The best correction plan in this instance is to report to corrections for a violent offender. The offence may be indirect or coincidence, but the fact is that Colleen needs help. She is a run-away, a drug user, and an unpredictable individual. She has committed murder twice and the chance for her committing more murders is high. She should be detained and accorded all rehabilitation options like counseling, monitoring and education.
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. 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.
The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. 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.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
Low self esteem, poor-decision making, dysfunctional families, poor communication skills, and associations with negative peer groups are all characteristics of delinquent youth (Journal, 1993). The Ohio Cooperative Extension Service Juvenile Diversion programs were designed to address these characteristics in juveniles. The family unit and peer association are the primary social influence on juvenile behavior and the Ohio Extension program focuses on educating families and placing juvenile offenders in programs with positive peer influences.
The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
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
Juvenile justice is the decision whether or not to charge a juvenile as an adult. When a Juvenile is charged as an adult, they are sentenced to long prison terms and sometimes life. In 2012 two groups of judges came together, one group believes that Juveniles should be allowed to be sentenced to life in prison and the other group believes that Juveniles should not be allowed to be sentenced to life in prison. I agree with the group of judges that believe that juveniles should not be sentenced to life in prison.
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
This chapter examines the juvenile justice diversion as an alternative to formal adjudication of juvenile justice and the placement of children, particularly residential placement. Juvenile Diversion is based on the premise that youth exposure to justice may be more harmful than beneficial (Shelden, 1999).
In conclusion, the development of the juvenile justice system resulted from social development and human needs. By modifying and integrating, the legal authorities have made the legal system more efficient and just for the young people, providing that necessary punishments are executed for the criminal acts while protections are given to the ordinary youth. It is believed that the stability of a society depends on a sound justice system.
The juvenile justice system has many flaws that affect juvenile’s mental health, for example, a strong lack of physical and mental health service, inadequate staff training and lack of safety. Because of the lack of training that the staffs receive regarding mental health for juveniles, they fail to provide adequate needs that the juveniles would require (mental health). In the prompt we see that ‘AUGASTA YDC” had no o...
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. 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 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 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...
This is a hearing since the juveniles do not stand before a trial. The hearing will be scheduled by the intake officer. While proceeding to the court, the judge may talk to the people concerned about the juvenile, evaluate any evidence that was collected if a crime was committed or any other complaints against the juvenile, and consider the youth’s previous history if any crimes were committed and how many times the juvenile has been in trouble with the law. The judge will then order an outcome which can result in probation, institutionalization, formal diversion, or even holding the juvenile for charges against him or her. Probation is supervised and the juvenile must stay at home or in a community setting, but must report to his or her officer regularly. The juvenile must follow all probation conditions granted by the court such as obeying the laws, staying in school, staying away from drugs and alcohol and other requirements instructed. Institutionalization is a form of detention system that is to rehabilitate deviant youths. They also serve as a protection for at-risk youths. There are two types of Juvenile institutions: Long-term correctional and short-term temporary care. Long-term includes, for the most part, training schools, youth ranches and camps, and boot camp. They also usually place male and females separately. Short-term facilities include jails, shelters, detention homes, and reception areas. In the facility you also