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American juvenile justice system
Is the juvenile justice system different from adults
American juvenile justice system
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A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority. In most modern legal systems, children and adolescents who commit a crime are treated differently from legal adults who have committed the same crime.
In some jurisdictions, such as in 44 states of the United States, severe offenses, such as murder and gang-related acts, are treated the same as crimes committed by adults even for minors. It was reported in 2007 "Beginning around 35 years ago, increases in violent juvenile crime permitted judges to transfer juveniles to adult-criminal courts. No national data exist on the number of juvenile offenders prosecuted as adults." "The main difference between a juvenile court and an adult court in England is that the juvenile court has a much wider jurisdiction in terms of the offenses it can try. It can deal with a juvenile for any offense except homicide, although it is not bound to deal with a young person for a serious offense such as robbery or rape; on such a charge he can be committed to the Crown Court for trial in the same manner as an adult."
Scope
Juvenile court is a special court or department of a trial court which deals with under-age defendants charged with crimes or who are neglected or out of the control of their parents. The normal age of these defendants is under 18, but juvenile court does not have jurisdiction in cases in which minors are charged as adults. The procedure in juvenile court is not always adversarial, although the minor is entitled to legal representation by a lawyer. Parents or social workers and probation officers may be involved in the process to achieve positive results and sav...
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...l are more likely to handle the case informally.
# Whether the minor has family or community support. The more support the young person has, the more likely the intake officer is to deal with the case informally.
# Whether the minor has an attorney. Disposing of a case informally may be less likely when a child has a lawyer.
Reform
In his 1997 book No Matter How Loud I Shout, a study of the Los Angeles' Juvenile Courts, Edward Humes argued that the system is in need of a revolutionary reform. He stated that the system sends too many children with good chances of rehabilitation to adult court, while pushing aside and acquitting children early on the road in crime instead of giving counseling, support, and accountability. 57% of children arrested for the first time are never arrested again, 27% are arrested one or two more times, and 16% commit four or more crimes.
This an extremely well written and powerful book written by Edward Humes. Humes shared his thoughts, observations, and criticisms about the juvenile justice system after a “riveting ride” through the Los Angeles Juvenile Court within his book, “No Matter How Loud I Shout.” The manner in which the book is written makes it fairly easy to read, demanding your attention while allowing for a simple follow along. I feel as if the book has given me much more insight and broader knowledge of the juvenile justice system, particularly the juvenile court system of Los Angeles.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system. Edward Humes follows the cases of seven teenagers in juvenile court, and those surrounding them.
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
juvenile justice” (Elrod & Ryder, 2011) is to detour juvenile crimes and not be so easy on
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?
According to criminal.findlaw.com the definition of the juvenile justice system is the area of criminal law applicable to people not old enough to be held responsible for criminal acts. Juveniles are people 17 and under. Juveniles should be convicted as adults for violent crimes like assault or murder etcetera because if they can commit an adult crime they should get an adult punishment. Also if juveniles don’t get punished for their crimes then they’ll keep doing it because they got off unpunished the first time.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
“Our youths now love luxury, they have bad manners, they have disrespect for authority, disrespect for older people…” Ancient Greek philosopher Socrates acknowledges the escalation of delinquency among youth in the early age’s .The rise of young offenders furthers the Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents. Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
Justice has always been the goal of our court system, but it is not always served, especially in cases involving juveniles. The judiciary process has evolved from a system that did not initially consider juveniles, to one where juveniles have their own court proceedings, facilities, and even rules or laws. The juvenile justice system has come a long way, and people have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, resembling an adult. However, resembling an adult does not always mean that juveniles will have an adult mindset. Thus, juveniles may need extra attention to help get their lives on track. This paper will analyze various ways involving juveniles and correction facilities and programs.
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.
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.
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 Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
Due to the increased recognized differences between adults and juveniles in terms of needs and developmental capabilities, offender’s treatment differ depending on whether they are treated in an adult or juvenile court. In the adult court jurisdiction, public safety and retribution are the most salient tenets while in the juvenile courts the best the intentions are intended towards the best interest of the child focusing on rehabilitation. The best goals and objectives of the juvenile court sanctions aim at ensuring that the youth in trial at the juvenile court desists from delinquent behavior and thus easy to be reintegrated in the society once more. This fact is mainly achieved through offering the youth individualized case management programs
The United States, a country who has prisons filled with juvenile delinquents. Many of the offenders are arrested for status offenses, but there are also offenders who are incarcerated for serious crimes. Are these offenders getting the treatment needed to succeed after their release? Are the punishments in the juvenile detention centers creating more problems? Is the juvenile justice system addressing the needs of those juveniles participating in the system? The answer to these questions will be answered from viewing three separate documentaries on the juvenile justice system.