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Juvenile courts and corrections
Juvenile justice system
Juvenile justice system
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In chapter 10 the book talks about Juvenile courts. Juvenile court is a court of law that has jurisdiction over minors. The purpose for juvenile courts is to offer juveniles justice and treatment. In most states, juvenile court purpose clauses fall into one or more of five categories (Synder and Sickmund 2006, 98). The five categories are balance and restorative justice clauses, standard juvenile court act clause, legislative guide clause, clauses that emphasize punishment and traditional child welfare. In all states the courts puts children under three classification. The first one is those who are neglected or abused. The second is status offenders. The third is those who broke the law. There has been several issues on deciding if a child can tried in an adult court. What’s the appropriate age? The nature of the crime depends on if the child will be tried in adult court or not.
Mostly juvenile courts takes place in the
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county where the juvenile lives. In juvenile court there is a separate hearings, informal procedure, regular probation service, separate detention center, special court and probation records and examinations on mental/physical aspects. The judge is the main authority, there is no jury. A hearing officer may help the judge. Usually juveniles don’t have a representation unless the case is serious. Probation officers supervise juveniles. In the juvenile court process a petition has to be filed, a detention hearing, a adjudication hearing and a disposition hearing. In 2008 juvenile courts processed more than 1.6 million delinquency cases, an increase from the 1.15 million cases processed in 1985 but a decrease from a peak of 1.88 million cases processed in 1997 (Puzzanchera and Kang, 2011). 2008 juvenile courts processed more than 1.6 million delinquency cases, an increase from the 1.15 million cases processed in 1985 but a decrease from a peak of 1.88 million cases processed in 1997 (Puzzanchera and Kang, 2011). If charges are filed against the juvenile then a petition is filed.
The district attorney writes the name, age and address of the minor. The district attorney also writes what law they broke and if it’s a felony or misdemeanor. The detention hearing is held after the petition is signed. The detention hearing is when the court decides if the minor should be detained. The adjudication hearing is when the kid is question about the crime he committed. Almost the same as the adult court where lawyers can cross examine. The dispositional hearing is where the judge decides the best way to deal with the juvenile. Griffin and Torbet suggested the following disposition recommendations checklist. What risks does the juvenile pose to the community? What is the juvenile attitude toward the victim and the offense? What factors and circumstances contributed to the juvenile offending? What skills does the juvenile need to acquire? What are the juveniles (and the juveniles family’s) strengths resources and receptiveness to intervention (2002,
68). Depending on how serious the crime is, juveniles can be transfer to criminal court despite their age. This is call certification, a child being tried as an adult. Transfer was intended to be reserved for those relatively few cases that involved serious, violent offenders who posed a substantial threat to public safety or chronic offenders who seemed impervious to rehabilitation, having failed to reform after previous treatment attempts (Bishop and Frazier 2000; Steinberg and Cauffman 200). Statistics show that transferring kids to adult courts don’t have a deterrent effect. Also statistic has shown there is increase rate of juvenile recidivism.
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.
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.
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.
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.
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.
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.
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.
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
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.
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
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
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