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History of crime and criminal justice in america chapter 1 pdf
History of crime and criminal justice in america chapter 1 pdf
Juvenile justice system versus adult system
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The juvenile court system and the adult court system are two different systems. They work in different was and have different goals when dealing with someone who appears in court. They have different procedures and different rules to go by. The adult court system started before the juvenile court system.
History of the Juvenile Court System
The adult court system was established before there was a juvenile court system. The adult court system has been around since colonial days. It was pretty much shaped after the Revolutionary war, after the constitution was created. The constitution was what set the guidelines for punishment and how it was dealt with (Criminal Justice. 2014). The U.S. Criminal Justice History Resource Page - Criminal Justice Degree Online. Retrieved April 19, 2016, from
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The main difference in them is that the juvenile court system’s main goal is to help the youth. Everyone that is part of the system wants to help the juvenile. They want to rehabilitate them, so they can go on living a normal, crime free life. The adult court systems set out for justice. They want punishment. The juvenile court system is based on civil laws not criminal laws. This shows that they seek rehabilitation and not punishment. (Fradella & Neubauer, 2011, pp. 500). The juvenile court system is also private. The adult court systems allows people to sit in the sessions, but the sessions in the juvenile courts are closed to the public and the names are not released. The jurisdictions of the two court systems are different as well. The adult court system jurisdiction is based off of the crime committed, whether it was a federal law that was broken or a state law that was broken. For juveniles the jurisdiction is based off of age. The age varies state to state. For example, in New York, a 16-year-old is considered an adult, and in Pennsylvania the cut off age is 17 (Fradella & Neubauer, 2011, pp.
Furthermore, the “law and order” model was produced after a strong reaction between conservatives and liberal policies advocated by the national crime commissions. The conservative model originated in efforts to reexamine fundamental assumptions of the adult criminal justice system by a series of special study groups that began with the American Friends Service Committee publication “Struggle for Justice.” The committee’s desire to improve the predicament of prison inmates led to a report in 1971 that suggested that indeterminate sentencing and decisions about parole were conflicting and that they allowed biased judgment and improper criteria to control the timeframe served by inmates. Unfortunately, these motives for rejecting indeterminate
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...
July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events. Michael and Derrick who had run away after the shooting confessed to police and named Andy as the shooter. According to the three boy’s testimony, they had only recently met and needed away to get some quick cash, so they developed a carjacking scheme and headed to Andy’s house to pick up 2 stolen handguns. The three boys were uneducated and had spent most of their time on the streets in search of drugs. The judge ruled that they would be held without bail and there was probable cause to charge them all with first-degree murder (Thrown Away, 2005).
Demetria suffers from ADHD and anxiety/depression so instead of her going to a rehabilitation center she was sent to a juvenile shelter. She later then ran away from then shelter but was found by the police and they locked her up. In juvenile court they will determine what actions should be taken if the juvenile is deemed a delinquent. This stage differs from the adult system in the purpose of the action. In the adult system, the goal is to punish. In the juvenile system, on the other hand, the goal is to rehabilitate and serve the minor 's best interest. But sometimes they still treat the juveniles as if they were criminals by calling them by their inmate numbers instead of their names. The only difference between Juvenile court and Criminal court is that in the juvenile justice system, the main aim is to rehabilitate and reform the juvenile offender so that they can resume functioning normally in society. Thus, the focus is more on alternative sentences that keep the juvenile out of jail, such as probation, parole, and diversionary
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.
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.,
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
In the United States, many states have similar juvenile systems that stem from the juvenile system that were established in 1899. Before the establishment of these formal juvenile system structures, there was a widespread dissatisfaction of how to deal with young criminals. The states wanted a more effective and humane way of dealing with these young people, but also wanted to isolate them from adult criminals. For example, Pennsylvania, divided law-breakers into two categories infants and adults. The category or infancy covered those fourteen and under. They believe that children under the age of seven were incapable of committing a crime. Now, those between seven and fourteen fell in both the infant and adult categories. If the prosecutor could present
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.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
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…).
In today’s society it is not who or whom it is what. Juvenile offenders are now facing a two court system, not only can they be tried in juvenile court for a crime committed. They are now being charged as adults in adult court. Charging a juvenile as an adult has stirred 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.
Although there are two different justice systems, juvenile and adult, it has not always been that way. Our founding fathers read the Commentaries on the Laws of England, by William Blackstone who was an English lawyer (americanbar.org). They also admired the commentaries; therefore they began to apply them to our country. For instance, in the commentaries William defined a criminal, capable of committing a crime, as someone who had an understanding and has intent of the committing the crime and the act of committing the crime. As a result, America would make those who underst...