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Legal system of juveniles
Juveniles in the justice system
Legal system of juveniles
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Starting at the main topic of adjudication in America, there a few basics that need to be covered before we continue. Adjudication is defined as the act of making an order,judgment, or decree. Things such as a judicial decision or sentence, more or less. In America, when a juvenile has a petition filed from the prosecutor, the juvenile may plea bargain or if he chooses not to do then he is able to do so. In the case of the juvenile choosing not to plea bargain, when his court time comes around, the judge will determine if this juvenile has committed an adjudication hearing and not take it in as a criminal trial. Now as it seems, an adjudication trial is very similar to to a criminal trial, due to many similarities and outcomes of both. The …show more content…
thing that sets the adjudication process in America apart from other countries and also from being defined as a criminal trial is the lack of jury. The judge in this case will determine the prosecution for the juvenile. If the judge decides to dismiss the petition; this now makes the certain individual unable to be tried for this crime again. Most often referred to as double jeopardy in most court ordered cases. When prosecution has met the demands , this individual is now adjudicated deliquent, meaning the juvenile has been found guilty.
A vast majority of petitioned cases have ended in deliquency adjudication. Roughly two-thirds of every case given into trials end as such. The three types of disputes that adjudication reasolves are: Disputes between private parties, such as individuals or corporations ,Disputes between private parties and public officials, Disputes between public officials or public bodies. Adjudication is normally catergorized as a judicial function. Although courts are often involved in other types of activity. They perform functions in a manager demeanor, for example, when they administer bankruptcy laws, or when they are supervising the enforcement of antitrust decrees. Things like alien naturalization and handling divorices and other domestic relations questions mainly involve administrative responsibilities. In the US, each states judges normally have power of appointment to particular public offices. State courts are obligated to assume any assignments that are given to them by the state constitutions. Federal courts are authorized by article III of the US constitution , in which it states: To hear cases or controversies. They then become very strict going by the Supreme Court to not include anything other than adjudicative
functions. The controversie that normally are resolved in court using the adjudication process come to attention between private parties and public officials and between public officials or public bodies. These disputes are adjudicated according to rule of law, and with very drawn out and strict procedures that present proof and reasonable arguments by each party in trial. The participation by each party is insured by formal rules. With the objective being to attain a result that will meet the test of reason. The judge to whom he is making a reasoned argument is made impartial. This meaning the judgeis to make un biased decisions. The disputes that are taken to the judges in civil cases are normally claims of right resting upon rule of law. In criminal cases these disputes involve accusations due to fault that also rest upon rule of law. In conclusion , while some think courts lack the power to take role and responsibilty, due to them waiting for a party to bring the dispute to them , their role is essentially passive. With the judge using no biased information, they prefer to leave initiation of litigation to the parties. Although courts sometimes lack power to enforce a decree, the always depend on the branches of government to be used as the back bone of enforcement. Lastly, the courts do depend on the legistlature for support of financial and organizational matters.
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
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.
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
The first type of a federal court is District Courts and every state has at least one federal district court ("Federal Courts"). District courts are the overall trial courts in the federal court system. In each district court, there is at least one United States District Judge that was appointed by the President and confirmed by the Senate for a life term. District courts deal with both civil and criminal trials (“ The United States Department of Justice - United States Attorney's Office”). An example of a civil trial is if a person is suing the government or an agent of the government because the person violated the rights granted to a person within the Constitution. Criminal trial is a case that one breaks a federal law and they get arrested (“The Judicial Learning Center”). According to Government by the People, in 2009, there were more than 275,000 civil cases and more than 75,000 criminal cases. District court judges ar...
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.
The people of the state file the charges, and they county attorney represents the State. They file petitions against the juvenile to charge him or her with the crime that was committed. A delinquent act is considered an act committed by a juvenile; which would be a crime that was committed by an adult. In the event of a delinquent act, the legal process is considered different than the process used against adult offenders. The juvenile justice system tries to treat; as well as, rehabilitate juvenile offenders. This may include diverting the youth from court processes, they process these through justice services. Another difference is the speed and privacy of the juvenile trial. The juvenile case is quickly resolved while still maintain the privacy of the offender. Juveniles were given four specific rights during trial; the right to a fair notice of evidence which gives the defender sufficient time to prepare, the right to be represented by a lawyer, the right to cross-examine and face the accuser, last the right and privilege against self-incrimination. Juvenile system is; investing and charging, leading to custody or detention, next to a location hearing, moves to an arraignment hearing, pretrial hearing, then to trial, in the event of a conviction to a disposition hearing. In the event of a more serious crime the judge can decide if the juvenile should be tried as an adult. If he or she
During this time, he prosecutor will call their witnesses to testify. The defense counsel will also be allowed to cross examine or question the witnesses as well. The preliminary hearing can sometime end the case before it goes to trial. If the magistrate finds probable cause then an information is filed with the court. Indictment or Information are the charging documents used to formally charge a defendant with a crime. The arraignment will be formal charges are read. The defendant is asked to state whether he is guilty, not guilty, or he can plead no contest. The case will then go to trial. The are two types of trials bench and jury. If defendant is charged with a serious offense which means he could serve six months or more imprisoned, then he is entitled to a jury trial by the sixth amendment. Then the trial has to be random selection of his peers. These individual must not know the defendant. If the defendant is found guilty. they will then be sentence by the court. The courts then found out if this is defendant’s first time or is the defendant a repeated offender. The defendant sentence to either jail, probation, fines, or the death sentence in some states. The defendant will complete their punishment for the crime and will be set back into the
Juveniles can be transferred to the adult court through the judicial waiver on a case-by-case basis. The decision is usually made at the prosecution ‘s request and follows by a transfer hearing. The other popular transfer mechanisms dating from the 1970s are the automatic transfer and prosecutorial discretion. For automatic transfer, juveniles who are accused of serious crimes are inevitably moved up to adult court. For prosecutorial discretion, prosecutors make the decision to file charges in adult court. There is no doubt that juveniles should be punished for their actions, but the punishment should take into consideration that young adults are capable to change such as community-based rehabilitation programs. In addition, the mind of the
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
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
There are two primary roles played in the criminal justices system, adjudication and oversight. To first understand how these are two primary roles in the justice system, then a clear definition of each term is needed. Adjudication is defined as “one of the two key roles of the criminal courts; to process defendant who have been arrested by the police and formally charged with criminal offenses” (Hemmens, Brody, & Spohn, 2013). On the other hand, oversight is “an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice official to endure that proper procedures were followed and that neither laws nor constitutional provisions were violated” (Hemmens, Brody, & Spohn, 2013).
There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.
Man is not made for law, but law is made for man. Man is conducted by law. Man does not fear moral wrongs and thus in order to create a fear in mind law is created. Law can work properly only when there is an interaction between both(law and man). Let’s talk about the constitution of India which guarantees equal rights and justice to all. But if we look at the present practical scenario all have equal rights but the same are not enjoyed equally by all. The enforcement of the rights is to be done by the courts but unfortunately the judicial procedure is very lengthy and costly. The expression access to justice traditionally understood by the man was to access of courts. But courts due to lack of resources, are inaccessible to poor, socially and economically backward class of society. Being one of the most important duty of welfare state to provide judicial and non-judicial dispute mechanisms so that the disputes can be solved quickly as possible, article 39(a) was inserted which talked about giving free legal aid. Now the new system of Alternative dispute resolution(ADR) has been initiated. The above mentioned form of ADR includes various forms of dispute resolution like arbitration, mediation, conciliation, Lok adalat etc.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
The United States of America’s criminal justice system is defined as the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of a criminal offense. And while nothing is perfect, the goal of this system is to make sure every citizen is treated fairly and that justice is served. Over the years the United States has made a lot of changes to the way their law enforcement handles certain situations and offenses. These changes have come from learning experiences. For example the Miranda vs. Arizona case taught us that every person, guilty or not, needs to be read their rights before taken into custody because it is fair. A more modern topic that has constantly been changing the way our government and criminal justice system operates, is terrorism. Terrorism over the past two decades or so, has had a huge influence on the way our law enforcement goes about protecting us from threats. There have been new laws and acts created, new task forces