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Juvenile court system
Challenges with the juvenile justice system
Juvenile court system
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A juvenile is an adolescent under age for specific benefits, for example, voting, consuming alcoholic refreshments, or consenting to sexual acts. In the event if accused for a criminal or juvenile offense, usually an adolescent is not tried by an adult criminal court but the case is handled in the juvenile court, despite the fact that when genuine law violations are affirmed in numerous purviews, adolescents may be transferred to adult criminal courts. A few jurisdictions have statutory necessities that adolescents must be tried in adult criminal courts in the event that they are accused for genuine wrongdoing.
Adolescents have their own particular court system. It is known as the juvenile court. This is a court with having purview over them, in
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Juveniles may directly go to the appellate courts where the judge will review the facts presented in the case files. If the case is successful it will result in a complete retrial than back to the original case. If the collateral appeals the use of a legal writs it will challenge the lower court decision on the case. A writs of certiorari give orders to the United States Supreme Court system and they are required to lower the courts in order to forward the juvenile records for the judge to make his decision on the case.
Juvenile justice is the area of criminal law appropriate to persons not mature enough in age to be considered in charge of criminal acts. In many states, the age for criminal culpability is set at 18 years. Juvenile law is principally represented by state law and most states have established a juvenile code. The American Juvenile Justice System is the essential systems used to address and manage youth were caught and sentenced law violations. The juvenile justice system intercedes in reprobate conduct through police, court and remedial inclusion, and is to a great extent
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...
One in three teen delinquents are sexually assaulted by staff members during their time in juvie. Even in the place that is supposed to oppose crime takes part in it. Juvenile Detention Centers are supposed to help minors get on the right track for the rest of their life ahead of them. In 2003 The Prison Rape Elimination Act [PREA] was passed to help prevent and protect against prison rape. Though that was passed it still goes on and the superiors of the inmates are still getting away with it.
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.
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.
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.
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 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. Age is a factor in why juveniles should not be sentenced to life in prison.
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.
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.
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.
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
In most states juvenile delinquency are criminal acts committed by minors’ ages 10 to 18 years old, the crimes are categorized as status offenders or delinquent offenders. Offenses committed by status offenders can only be committed because the offender is a minor, such as running away from home, truancy and underage drinking. (Mooney, pg 115) then there are delinquent offenders whose offenses would be a crime if they were committed by an adult. Depending on the nature of the crime, minors are tried in a juvenile justice system or can be transferred to the adult justice system. According to the Campaign for Youth Justice, it is estimated 1.7 million youths are in the juvenile justice system with 100,000 cases being heard in juvenile court annually. Currently, it is estimated that 70% of the youths arrested are boys and 30% are girls, although African-Americans make up only 17% of the total youth population, they are 30% more likely than white youth to face harsher sentences and be transferred into the adult
Juvenile Delinquency refers to a violent or non- violent crime committed by persons who are (usually) under the age of eighteen. There is a debate about whether or not such a child should be held criminally responsible for his or her action. There are many different inside influences that are believed to affect the way a child acts both negatively and positively.