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. The trend is to be more amenable to the “get-tough” principle, allowing a juvenile to be prosecuted and tried as an adult in criminal court. The most basic reason for allowing this shift is for public safety and deterrent of crimes involving juveniles. The arguments provide that there is a need to incapacitate these juveniles for some period of time in order for them to realize the seriousness of the offense that they committed and the adult criminal court system is the closest way of achieving this goal. 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.
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).
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.
Some states have advanced different approaches that support for juvenile waiver and transfer. Juvenile transfer and waiver laws are statutes allowing young offenders to be transferred from juvenile courts to criminal courts. This means that they are prosecuted as if they are adult with the range of penalties being great. After a while different states have adjusted their waiver laws. The following are the classification of the various waiver laws that have been advanced.
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.
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 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.
“The primary difference between juvenile courts and adult courts was that the juvenile courts were ‘civil’ in nature while adult courts were ‘criminal’.” (djs.state.md.us) Rehabilitative procedures remained steady until the 1980s when juvenile crime made a violent upsurge, instigating public opinion to deviate from genteel practices. Legal professionals once again began prosecuting the delinquents as adults, thus sending them to criminal court, and potentially adult prison. “But Scott and Steinberg note that lawmakers and the public appear now to be rethinking their views once more. A justice system that operates on the ... ... middle of paper ... ...of honing their criminal skills, depression, sexual abuse, suicide, and higher recidivism rates (Law and Human Behavior Tried as an Adult, Housed as a Juvenile: A Tale of Youth From Two Courts Incarcerated Together Jordan Bechtold and Elizabeth Cauffman Online First Publication, August 5, 2013. doi: 10.1037/lhb0000048). “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.
Juveniles may directly go to the appellate courts where the judge will review the facts presented in the case files. If the case is successful it will result in a complete retrial than back to the original case. If the collateral appeals the use of a legal writs it will challenge the lower court decision on the case. A writs of certiorari give orders to the United States Supreme Court system and they are required to lower the courts in order to forward the juvenile records for the judge to make his decision on the case. Juvenile justice is the area of criminal law appropriate to persons not mature enough in age to be considered in charge of criminal acts.
Are the guidelines or rules different from any other adult offender? What are the advantages and disadvantages of the sentencing guidelines? For many years, states have believed that the juvenile justice system came about to protect the public by providing a system that helps children who are maturing into adulthood. States understand that children who commit crimes are different from adults. They believe that children are less blameworthy, and have a greater capacity for change.