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What age should juveniles be tried as adults
What age should juveniles be tried as adults
Affects of minors being tried as adults
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As discussed in previous chapters, parens patriae or “parent of the country” is the legal provision through which the state may assume ultimate parental responsibility for the custody, care and protection of children within its jurisdiction. It gives them a right to take care of minors and others who cannot take care of themselves. The state juvenile court is made up of purpose clauses that can fall into one or more of the five thematic categories. (Snyder and Sickmund 2006; 98) These five categories include balanced and restorative justice clauses, standard juvenile court act clauses, legislative guide clauses, clauses that emphasize punishment, deterrence, accountability or public safety, and clauses with traditional child welfare emphasis. …show more content…
The welfare model focuses on the “bests interests of the child” and the justice model focuses on youth being held responsible and accountable for their behavior. The jurisdiction of the juvenile court includes three classifications of children: those who are neglected, dependent or abused because those charged with their custody and control mistreat them or fail to provide proper care; those who are incorrigible, ungovernable or status offenders; and those who violate laws, ordinances and codes classified as penal or criminal. (Hess and Horthmann 2013; pg 301) Depending on the offender’s age and conduct determine the jurisdiction of the juvenile. As of June 3, 2010, seventeen states set the minimum age at 6, 7, 8, and 10. There is a minimum age because children are considered to be incapable of criminal intent and cannot be prosecuted like older people who commit crimes. Cases that include offenses like rape and murder can have concurrent jurisdictions, meaning that the juvenile and criminal court have authority over the case. Venue is the term used for the location where the trial is being held. There are three types of juvenile courts and they include independent and separate courts, part of a family court and a unit within a trial court. Juvenile courts include characteristics such as separate hearings for children’s cases, informal or chancery procedure, regular probation service, separate detention of children, special court and probation records and provisions for mental and physical
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...
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
The Juvenile Justice System in the State of Texas celebrated its 100 Birthday in 1999. Many people believe that the Juvenile Justice system is equal to the adult system and that juveniles are punished as adults are but that is not always the truth. The Texas Juvenile System is made up of a mixture of the Criminal Law and the Civil Law. It is governed by The Juvenile Justice Code which is called the Title 3 of Texas Family Code. The only similarities that are shared with the Adult system are that it also refers to the Texas Penal Code and the Code of Criminal Procedures for rules. The steps of The Court Procedures are: If a child is arrested, they are detained in a child facility, a child is not bonded out but most go before a judge. Once before the judge, it is decided if a petition will be filed depending upon the severity of the offense. The child can then make his or her pleading if the child wishes to plead not guilty a jury child can be requested. Even if there is a jury trial, only the judge can determine the punishment. The judge is also limited to the punishment that he or she can sentence because of the Juvenile Code’s Progressive Sanction Levels. This is the method which the Juvenile system uses to rank crimes.
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
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.
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.
In shorter terms, juvenile court acts are a set of laws and procedures for juveniles (individuals under the age of 18). Each juvenile court act has its own personalized purpose, scope, and procedures for the individuals of that state – however, the Uniform Juvenile Court Act encourages uniformity across all acts. The purpose of a juvenile court act explains the intent or nature of the act. Typically, this includes the authorization of a juvenile court to hear selected types of juveniles cases (e.g. abuse, neglect, delinquency). The purpose for juvenile court acts is commonly defined in many acts as maintaining the family unless the child’s welfare is in danger and in that case the state may act as parent (Parens patriae), anti-punishment but pro-rehabilitation and treatment, prevent stigmatization in juveniles, individualized justice among juveniles, and maintaining and upholding constitutional rights for juveniles in legal proceedings. Overall, the general purpose for juvenile court acts is to guarantee the best welfare for a juvenile all while protecting their constitutional rights and if need be removed from the family unit for the best interest of the juvenile himself and society.
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.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juveniles as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability to understand their actions or be provided a second chance.
The questions for the courts to ponder evolve around the mental state of the juvenile, the potential for physical violence when placed in an adult prison environment, as well as the emotional impact of incarceration with an adult population. Steinberg L, Scott E, 2003).
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…).
In some societies, and neighborhoods a juvenile court is not present in that area. This means that in youth delinquency cases where there is not a juvenile court they must result to the subdivision of a court. For example, superior or circuit court. In Connecticut the delinquencies would be handled in the Superior court. This court is general jurisdiction. The one-hundred-fifty-nine counties of Georgia each have juvenile courts. There is a completely separate court for juveniles in Georgia although there is limited power of making legal conclusions. Inside of Connecticut there are thirteen districts that are responsible for taking care of juvenile crimes. However the criminal and civil matter are distributed among twenty-two different areas of Connecticut. The juvenile courts of Utah are single for all of the state with limited jurisdiction. Among the eight judicial districts, twenty different branches are split. Unlike Utah, Denver has a different court for juveniles, and it is a court that has general decision making
Select four (4) of the processes identified above and clearly compare and contrast their treatments in the juvenile and adult courts. Use your answers above as a guide. (No more than a paragraph for each comparison).