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Today's juvenile justice system
Juveniles to treat like adults
Today's juvenile justice system
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Describe the child-saving movement and its relationship to the doctrine of parens patriae.
Under the child saving act of parens patriae, the state has a right and a duty to care for neglected, delinquent, or disadvantaged children. The child-saving movement, based on doctrine of parens patriae, started in the 1800s. Its followers believed that juvenile offenders require treatment rather than punishment.
List the four major differences between juvenile courts and adult courts.
According to the legal definitions the difference between the juvenile and adult courts are the following the juvenile courts have no juries; they use different terminology considering the age of the individual under suspicion. No adversarial relationship and confidentiality.
Describe the reasoning behind recent U.S. Supreme Court decisions that have lessened the harshness of sentencing outcomes for violent juvenile offenders. In recent years the supreme court’s decisions concerning juvinail punishment focuced on banning capital punishment and limiting availablility of life sentences without parole for offenders who committed their crimes as juveniles, the court has focused on the concept of diminished capacity this concept is based on the notion that violent juvenile offenders cannot fully understand the consequences of their actions and are more deserving of rehabilitation. Describe the one variable that always correlates highly with juvenile crime rates. The older a person is it is less likely that he or she will engage in a criminal behavior. This process is known as again out. Thus, persons in any at-risk group will commit fewer crimes, as they get older. Describe the four primary stages of pretrial juvenile justice procedure. Four primary stages that the juvenile justice system is consist of intake, pretrial decision, jurisdictional waiver and detention. An intake is a process when an official of the juvenile court engages in a screening process to determine what to do with the youthful offender. Pretrial division, which may consist, or probation, treatment and aid, and/or restitution. Jurisdictional waiver to an adult court, in which case the youth leaves the juvenile justice system. Some type of detention, in which the youth is held until the disposition process begins.
...l now be given the power to interfere in cases where parents have failed in their duties towards the child. This is extremely important as it allows the State to intervene in cases where there has been a failure, which was difficult to do in the past. This new role of protecting children's rights is favourable as it will, hopefully, prevent any failure by the State to children in unacceptable circumstances/situation.
For the purpose of this paper the social worker interviewed is Ronnita Waters, MSW, RCSWi; she is currently an operations manager at the Center for Family and Child Enrichment (CFCE). The issue or area where her advocacy skills are practiced is within child welfare. Mrs. Waters mentions to the interviewee “I always wanted to work with children, then eventually for children.” when asked what developed her interest in this area of social work. Furthermore, before she became an operations manager, the social worker was an adoptions supervisor, overseeing adoption case managers and ensuring the proper implementation of policies such as the sibling placement policy and adoption policy. In addition, before achieving the role of supervisor, she was
The goal of Juvenile Courts and the Child Welfare Agencies is to protect and make decision in the best interest of children. The ASFA law was signed by President Bill Clinton. On November 19, 1997 after it was approved by the United States Congress earlier in the month. The law was the most significant piece of legislation dealing with child welfare in twenty years. States decided to interpret the law as requiring biological families to be kept together no matter what, but the law shifted emphasis towards children health and safety concerns and away from a policy of reuniting children with their birth parents without regards to their prior abuse. ASFA lead sponsor, Republican Senator John H. Chafee of Rhode Island said, “We will not continue the current system of always putting the needs and rights of biological parents first … It’s time we recognize that some families simply cannot and should not be kept together.” This phil...
Child welfare system was originated with the goals that social workers would try and alleviate poverty and its impact; however as the years have passed, the child welfare system turned into a child protection system directed toward investigating abuse and neglect, and removing children from families and placing them in foster care, and is no longer prepared to assist in resolving the problems of child poverty (Lindsey, 2004). Child welfare system has been developed around the residual approach which demands that aid should be given only after the family is in crisis or other support groups have failed to meet a child’s minimal needs. However, over the years, there have been different focuses for the child welfare system, whether it involved
Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which includes the media. Their records are often confidential, protecting children from carrying the burdens of their delinquent activity into adulthood. Also, their records are supposed to be sealed. But what happens when a juvenile’s criminal case is transferred to an adult court? Are the guidelines or rules different from any other adult offender? What are the advantages and disadvantages of the sentencing guidelines?
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
Juvenile Courts in the United States find their origins in English custom and law. As early as the 16th century, poor laws and chancery courts were meant to protect minors, either through allowing the government to take custody, or protect their property rights respectively. These actions were justified by the legal philosophy parens patriae, which holds that the government is the true guardian of the needy and infirm, including dependent children, which gives the government authority to act on behalf of a child. This philosophy was the original guiding principle that the juvenile system held at the turn of the 20th century, although the juvenile system began to shift back towards crime control and the adult system during the late 20th century.
It was during the mid nineteenth century in England when the parliament initially recognised juvenile delinquency as a distinctive social phenomenon and accepted the responsibility not only for young offenders, but also for the children who, though not in trouble with the law, required full care and protection. Children who stood before the courts were no longer seen as little adults but were seen as beings in their own rights who were entitled because they lack full responsibility for their actions. Through this change in status it accomplished the introduction of reformatory rather than punitive treatment. A reformatory system undoubtedly distinguishes a child’s offence from an adult crime replaced penal systems which made little dedicated provisions for children. This departure culminated in Herbert Samuels Children Act 1908 (Margaret May 2002). The Children Act 1908 represented a key step in the progress of the idea that children were a special category of problem. Through the establishment of Juvenile Courts which were criminal courts in terms of the procedures and giving them jurisdiction over the care and protection issues. The Juvenile Courts became the family law courts which dispensed family justice. The courts and the state can intervene for the first time in working-class family life when children are seen to be immoral, conditions which were regarded as neglect included: truancy, begging, being beyond control etc...
What is important to understand in terms at the difference between the juvenile and adult system is that there is a level of dependency that is created tween the two and the juvenile system focuses on how to help rather than in prison individuals at such a young age. However, it usually depends on the type of crimes that have been committed and what those crimes me for the families and how they impact of the greater society. The adult system distinguishes between dependence and delinquency mainly because there was a psychological transition that occurs with juveniles that is not always a predictor of a cyclical life of crime. However, if an adult is committed to the justice system there can be a dependency of delinquency and a cycle of crime that is more likely to be sustained at that age and level of cognitive ability then in comparison to a juvenile. The reasoning behind this is important is that is focused on maintaining a level of attention to the needs and capacity abilities of individuals living and working in different types of societies (Zinn et al.,
Child Advocates works with court appointed volunteers to break the cycle of child abuse. Child Advocates works with people of all races and social classes. Since abuse and neglect is not specific to a particular race, gender, age, or social class. Each court appointed advocated is assigned one case at a time. A child advocate is guided by their advocacy coordinator which enables them to perform a thorough investigation of the case.
Juvenile Justice 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. Age is a factor in why juveniles should not be sentenced to life in prison.
Before the Progressive Era, children who were over the age of seven were put in jail with adults. In the early part of the 1800’s reformers started to become concerned with the overcrowded environment in the jails and prisons, and the corruption young kids were experiencing when locked up with adult prisoners. The Progressives in the late nineteenth century started to push for universal reform in the criminal justice system (Myers, 2008). The Progressives looked to move away from the penalizing aspect and more towards a rehabilitative system, with regard to the rectification of delinquent children and adolescents. A specific group of Progressives, called the "child savers," focused the majority of their attention on finding and curing the causes of juvenile delinquent behavior. The child savers group viewed the juvenile offenders as adolescents in need of care and direction, not punishment (Myers, 2008). In In re Gault (1967), Justice Fortas summed up the views of the child savers: “The early reformers were horrified by adult procedures and penalties, and by the fact that children could be given long prison sentences and thrown in jails with toughened criminals. They were overwhelmingly convinced that so...
When a juvenile or adolescent commits a crime that person is generally treated as a child unless the crime is that of a felony, aggravated nature or other factors are involved. Juveniles are sent through a separate court system, which originated in Cook County Illinois in 1899 when legislature passed the Juvenile Court Act. Based on the Parens Patriae, where the courts take over for the parents, the Juvenile Court Act was considered the vehicle of growth in...
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.