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Effect of juvenile crimes
Today's juvenile justice system
Effect of juvenile crimes
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The use of juvenile records in adult criminal cases has been an ongoing, contested debate for many years. The effects of using one’s juvenile record in criminal court could be very damning. This week’s case summary is in regard to this very issue. In People v. Smith (1991), the defendant in this case, Ricky Smith stated that he was wrongly sentenced to the maximum length of 180 months under a statute which utilized his juvenile record to deem that he was a habitual offender. A closer examination follows.
The juvenile case of Ricky Smith was brought to the attention of the Michigan Juvenile Court as he had been initially referred for truancy. However, his probation had been extended due to Mr. Smith being found driving a stolen vehicle. According to People v. Smith (1991), Mr. Smith was referred to the juvenile court again for riding a bicycle while under the influence of alcohol and for stealing candy bars. The juvenile court, again, chose to extend Mr. Smith’s probation, even though he had clearly demonstrated non-compliance with the rules of his probation by continuing to accrue delinquent charges. An additional report was filed with the court alleging that Mr. Smith had violated the terms of his probation due to a curfew infraction and threatened an officer. It appears that the Assistant District Attorney in the case attempted to have Mr. Smith’s case transferred to adult criminal court after he had been charged with stealing a woman’s purse. However, the court denied the request to do so. After the denial, Mr. Smith was sentenced to a boy’s reform school. He absconded from the facility and was listed as a runaway until he was found later, as an adult, with pending adult charges.
In People v. Smith (1991), the legal conundru...
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...e records. In the People v. Smith (1991), the ruling prohibited the automatic expunction of any life offense, criminal traffic violation or adjudicated reportable offenses. The expungement of a record would not inherently make any case data go away. Therefore, a paper trail of previously related charges could be found and provided as evidence in Circuit Court proceedings.
Although there will continue to be an issue revolving around Juvenile Court records, the Michigan Supreme Court, I believe, ruled in the right direction regarding Mr. Smith. The evidence clearly demonstrates that he was a habitual offender, which demonstrated a consistent lack of remorse for his actions and those in authority over him. Therefore, Mr. Smith was not granted a lenient sentence in his breaking and entering charge. He was sentenced to serve six to thirty years as a habitual offender.
The Court ruled for the juvenile, stating that his rights to due process were indeed violated according to the Fourteenth Amendment. “The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment” (Oyez, n.d.). The Court analyzed the juvenile court's method of handling cases, verifying that, while there are good reasons behind handling juveniles in a different way from adults, adolescents seeking to settling delinquency and detainment cases are qualified for certain procedural safeguards under the Due Process Act of the Fourteenth
Police took 16.5 year old Michael C. which was also on probation in juvenile court into custody. Michael C. had been on probation since the age of 12. Approximately one year earlier, he had served a term in a youth corrections camp under the supervision of the Juvenile Court. He had a record of several previous offenses,
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
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...
Jenson, Jeffrey and Howard, Matthew. "Youth Crime, Public Policy, and Practice in the Juvenile Justice System: Recent Trends and Needed Reforms." Social Work 43 (1998): 324-32
The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver.
Crime rates across the U.S. for juveniles is at all time high. Juveniles across all demographic have been punished more severely than those of the past. Contributing factors including lower socioeconomic areas such as the Detroit Metropolitan Areas & Chicago. This paper will discuss the apparent issue within the system focusing on juveniles in urban areas.
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.
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.
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 1899, the nation’s first juvenile court for youth under the age of 16 was established in Chicago to provide rehabilitation rather than punishment. By 1925, following the Chicago model, all but two states had juvenile courts whose goals were to turn youth into productive citizens utilizing treatment that included warnings, probation, and training school confinement(Cox et al. 2014, p.2). Treatment lasted until the child was “cured” or turned 21. Although judges spoke with the offending children and decided upon the punishment, the lack of established rules and poor rehabilitation led to unfair treatment. In 1967 “ U.S. Supreme Court case of In re Gault held that juveniles were entitled to the same constitutional due process rights as adults, beginning a national reform in juvenile justice and the system was repaired to afford children many of the same rights that adults have in court” (Cox et al. 2014, p.4). Also, state legislatures passed laws to crack down on juvenile crime, as recently, states have attempted strike a balance in their approach to juvenile justice systems as research suggests that locking youth away in large, secure juvenile facilities is ineffective treatment towards different genders in which it doesn’t provide appropriate rehabilitation.
Harassment, reckless endangerment, and burglary are all juvenile offenses. These juvenile offenses almost always stay on the juvenile’s criminal record, and the offenses displayed on a juvenile’s criminal record may cause employers, educators, and other authority figures to think less of the juvenile offender. As a viewer can see, this one mistake or lapse in judgment can ruin the juvenile offenders chance to further their success in life. For example, juvenile offenders may not obtain the dream job that they have always wanted, get into the college that they have always wanted to, or be eligible for a scholarship whether athletic or academic. However, there is a loophole in the juvenile justice system called teen courts. Teen courts give first-time offenders and some re-offenders a second chance because the offense (s) do not go on their criminal record, and their peers get to decide what sanctions the juvenile offender receives or performs. The big question that I am going to discuss throughout this essay is do juvenile offenders who appear before teen courts recidivate?
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).