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Civil vs criminal law pros and cons
Civil vs criminal law pros and cons
Effects of juvenile delinquency on the criminal justice system
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When people commit crimes, they are tried in a court of law. When adults are charged with a crime, they are tried in the adult justice system. However when minors are tried in a court of law, they can either be tried in the juvenile justice system or the adult justice system, depending on the severity of their crime. Since these are both courts in the court system of America, they are similar in some ways, but they also have unmistakable differences that show the distinction between the two. However the similarities show how both court systems do resemble one another in some ways. The differences however, affirm that there is a distinction of being tried as a minor in the US when compared to being tried as an adult.
In the juvenile
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justice court system, when minors are charged with a crime, they are granted the same rights that adults have in a court of law. By that, juveniles have “due process rights to confrontation, counsel, cross-examination, notice of charges and the privilege against self-incrimination” (Ritter, 2010). Not only that, but minors continue to have due process rights, even if the hearing is informal. The fact that juvenile courts contain the due process policies prove how similar they are to the adult criminal courts. Not only that, but in the past, the juvenile accounts and reports were closed to the public, in order to protect the minor's privacy. However, they have been opened in some states for the public to view, placing the safety of the public over the privacy of the youth (Abrams, 2013). This is exactly the same policy for the records of adult criminals. The parallels between the two court systems do not end there, the resemblance continues to the facilities which the minors and adults are placed in once they are convicted. One would think that being charged, would lead to adolescents going to a rehabilitative center where conditions would be somewhat different than the adult prisons. However, while the main goal of detention facilities for minors is for them to be rehabilitative and put adolescents on the right path, there is a definite likenesses between these facilities and adult prisons (Abrams, 2013). Instead of maintaining the reformative aspect, youth facilities have begun to take up a different style. “The more overwhelming emphasis on punishment in juvenile facilities represented a dramatic shift from the historical tenor of morally-focused reformatories” (Abrams, 2013). While both court systems definitely share some similarities between them, there are even more differences between the two of them.
This is mainly due to the fact that while they are both court systems in America, there are some definite differences between the juvenile and adult courts that are undeniable. For instance, the court hearing for adolescents is extremely different in the juvenile justice system when compared to the adult justice system (Scott & Soulier, 2010). The differences begin when juveniles are awaiting for their day at court. In the hearing beforehand, the court makes the decision as to whether or not the youth should be held in a detention hall and without bail (Scott & Soulier, 2010). However, there is another court hearing that adolescents can be subject to when their position is being questioned on whether they need to post bail or not. There could also be a fact-finding hearing if the court find that the minor is a threat to themselves, the public or if there is not a parent who is able to take care of them (Scott & Soulier, 2010). While it is similar to the adult justice system concerning whether or not the criminal would be able given bail or be held in prison without bail; the main difference is the fact-finding hearing for adolescents. That kind of hearing does not exist for adult …show more content…
criminals. In the actual juvenile court trial, is a distinction between the juvenile and adult courts. In a juvenile court, minors are sometimes allowed to have juries during their trial. However, the court has the power to deny them the right; unless the court moves it to the adult court for trial (Scott & Soulier, 2010). In the adult court, they are almost always guaranteed a trial with a jury of their peers. Also, in the adult justice system, there is never the option of charging them as a juvenile or adult. The same cannot be said for minors who are being charged for their fate lies with the legal officials. The prosecutors have the power to charge young offenders with specific offenses and criminal court judges are able to determine whether the young person should receive an adult or juvenile sentence (Shook, 2013). If the legal officials determine that they should be tried as adults given the severity of their crimes, then the adolescents will be moved to the adult justice system. The experience for the juvenile offender in a juvenile court system is drastically different than that of an adult. In the adult justice system, they are tried, convicted and either receive a sentence or not (Scott & Soulier, 2010). That sentence consists of them either going to prison or a different facility. This brings about the contrasts between the juvenile and adult facilities. For the goals between the adult and juvenile justice systems are different in what they hope to achieve for those that are sentenced. The juvenile facilities objective is to rehabilitate young offenders and by doing so, hoping that it will deter them from a life of crime (Menihan, 2014). This is different from prison for adults, where they are placed there to pay for their crimes they had committed. These facilities also attempt justice by deterring minors from committing delinquent acts and promote a sense of retribution through punishment (Ritter, 2010).
Again, this is severely different from the prisons. Adult facilities are designed to focus on disciplining adults instead of rehabilitating them (Scott & Soulier, 2010). However just because minors are placed in a detention facility, does not mean that they can leave once they have completed their time. In some cases, delinquents can be put into juvenile correctional facilities until they turn 21, put on probation or put into special programs (Scott & Soulier, 2010). However, just because minors are tried in a court of law, does not mean that they will go to a detention facility. When adolescents are tried in the juvenile justice system, most of them are either given a probation sentence or are just redirected from the entire court system (Abrams, 2013). See Figure 1 where it shows the outcomes of juveniles in the US Juvenile Court in 2009. This clearly shows that the minors who are charged with serious crimes, are not getting the punishment that they
deserve. When adults are charged with a crime, they are charged only in the adult justice system; while minors can either be charged in the juvenile justice system or the adult justice system. This all depends on how serious the crime was. That being said, there are similarities between the two courts. These similarities show just how much the two courts have in common and how there is more to each of them. From the juveniles having due process rights to detention facilities sharing the same traits as prison, there is no denying that while each court of law is different, they do have some things in common. However, the differences affirm that there is great difference between being charged as a minor and an adult. These differences from how the court hearing is handled, to how law officials can control how the minors are charged in a court of law, speaks for the distinction between the adult and juvenile justice systems.
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).
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
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.
There are two pathways that juvenile facilities are divided into first are detention centers and second are correctional centers. Detention centers hold juvenile during the pre-adjudication phase of the case or in rare cases post-adjudicated juveniles for example, they are waiting for a placement into a residential program. Pre-adjudication refers not having the court hear facts supporting the allegations against the juvenile whereas post-adjudication refers to having been found to have committed a delinquent act by a judge. Some reasons that young people enter into detention centers include: perceived to be at high risk...
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.
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.
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.
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders.
...ing with young minds and punishing them in juvenile courts may be of advantage to the young people and at the same time reduce propagating them into developing a violent future in criminal activities. Correctional facilities that address and cater for the juveniles are the way forward to streamlining the youths (Kristin, page4).
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.
When a juvenile or someone under the age of eighteen commits a crime, sometimes they think it is fun because they got away with it. If and when they do get caught, they should be convicted as adults especially if they are caught committing: murder, rape, or are in possession of a controlled substance or drug. Some people say, “Prison changes a man”; if a juvenile goes to prison they will learn not to hurt people and become a possible asset to society while they are in prison. Even if a juvenile were not to be sentenced as an adult they should at least have to go through some kind of adult prison sentence even if they were to have parole.
People support sending juveniles to adult prisons for many reasons. One reason is that it is the job of the courts to help protect society. Once a troubled juvenile is sent to an adult prison, they are out of the way of society. Hopefully when they re-enter, the punishments they received will be imprinted in their brain and stop them from performing any wrong again. Another reason people think that disturbed youth cannot be saved is that punishment will not save them from themselves and they just need to be locked up forever. It is thought to be true that juveniles who are sent to jail will not commit the same crime again or even any crimes at all. All the reasons and opinions that say that juveniles should be sent to adult prisons for their heinous crimes seem logical. Despite this, they are not. There are more rational reasons why adolescents should be sent to their own private penitentiary.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.