Transfer to Adult Criminal Court

872 Words2 Pages
bulb-icon

Recommended: Juveniles should be sentenced to prison

There are times where a juvenile may be eligible for transfer to adult criminal court. There are certain criteria that must be met for this to happen, and there is a strong belief that juveniles who commit serious offenses would be more appropriately dealt with by criminal (or adult) courts (Elrod & Ryder, 2011). Juveniles are capable of committing the same serious offenses that adults do. Therefore, with the requirements of a transfer being met, there are times that juveniles should be placed in the adult criminal court system and tried through here, rather than the juvenile court system. The juvenile court system may not have the same consequences or sentencing guidelines as the adult criminal court; therefore, the proper punishment may not be served if a juvenile is not transferred to the adult criminal court system. Transfer occurs when jurisdictions over a juvenile case is turned over to a criminal court, waiver or transfer of jurisdiction is predicated on the assumption that some juveniles are not appropriate for processing in juvenile court and can be more effectively dealt with by criminal courts (Elrod & Ryder, 2011). The juvenile court system may not be able to protect the community from such youth’s demands, therefore, they are to be identified and transferred to the adult criminal justice system (Elrod & Ryder, 2011). If a juvenile carries a serious threat or harm to the surrounding community, and the adult criminal court system has the proper methods of handling the situation to prevent any further harm from being inflicted upon the community and its people, then it is appropriate for the juvenile to be transferred to the adult criminal court system to receive proper sentencing. Urbina and White (2009) state that ... ... middle of paper ... ...inal court system for the safety and protection of the juvenile, as well as the surrounding community. If a juvenile is likely to receive more help through the adult criminal court system, then this action should be proceeded with. If a juvenile is a very serious offender, or continues to repeat their criminal actions, then the juvenile court system is not having the proper affect on them; therefore they should be transferred to the adult criminal court system and processed with this way. Considering the life of a young adult will be altered, there are very serious circumstances to consider and is not to be taken lightly. The actions of the court may have long-standing, or harsh, affects on a juvenile. However, if this action of a transfer will be deemed the appropriate action to take for the juvenile and the community, then this is the action that must be preceded.

Show More
Related

  • Juvenile Waivers Case Study

    533 Words  | 2 Pages

    A juvenile waiver is when a judge abandons the protections that juvenile courts provide, and transfers a case from juvenile court to adult court. “Usually, juvenile cases that are subject to waiver involve more serious crimes or minors who have been in trouble before” (Michon, n.d., para. 1). There are currently three main types of waivers. First, judicial waiver is the one most common and widely used. Typically, a judge will make the decision of whether a judicial waiver to adult court is required. Judicial waivers include examining the juvenile’s age, offense, maturity level, and relationship with parents, to name a few (OJJDP, 1997). Second, prosecutorial discretion waivers states, “Jurisdiction for certain cases is

    Read More

  • The Pros And Cons Of The Adult Criminal Justice System

    1133 Words  | 3 Pages

    Furthermore, the “law and order” model was produced after a strong reaction between conservatives and liberal policies advocated by the national crime commissions. The conservative model originated in efforts to reexamine fundamental assumptions of the adult criminal justice system by a series of special study groups that began with the American Friends Service Committee publication “Struggle for Justice.” The committee’s desire to improve the predicament of prison inmates led to a report in 1971 that suggested that indeterminate sentencing and decisions about parole were conflicting and that they allowed biased judgment and improper criteria to control the timeframe served by inmates. Unfortunately, these motives for rejecting indeterminate

    Read More

  • Arguments For and against Waiver

    928 Words  | 2 Pages

    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.

    Read More

  • Juvenile Court: Dealing with Underage Defendants

    1131 Words  | 3 Pages

    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

    Read More

  • Examples Of Police Discretion

    1466 Words  | 3 Pages

    The majority of the juvenile research concludes that serious harm can be done to juveniles simply being referred into the formal juvenile justice process. Police officers should really take into consideration that who they send for the formal process (Kaufman, I. 1979).At times these juveniles are just playing around and doing things that they are not supposed too and when processed they are being mixed with real delinquents and are being influenced by the wrong people which may cause them to tern deviant and later delinquents. A way to stop this police should only take into consideration serious criminal or repeated criminal

    Read More

  • America's Juvenile Justice System

    3741 Words  | 8 Pages

    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.

    Read More

  • The Juvenile Justice System

    1154 Words  | 3 Pages

    What is important to understand in terms at the difference between the juvenile and adult system is that there is a level of dependency that is created tween the two and the juvenile system focuses on how to help rather than in prison individuals at such a young age. However, it usually depends on the type of crimes that have been committed and what those crimes me for the families and how they impact of the greater society. The adult system distinguishes between dependence and delinquency mainly because there was a psychological transition that occurs with juveniles that is not always a predictor of a cyclical life of crime. However, if an adult is committed to the justice system there can be a dependency of delinquency and a cycle of crime that is more likely to be sustained at that age and level of cognitive ability then in comparison to a juvenile. The reasoning behind this is important is that is focused on maintaining a level of attention to the needs and capacity abilities of individuals living and working in different types of societies (Zinn et al.,

    Read More

  • Juveniles Tried as Adults

    1188 Words  | 3 Pages

    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.

    Read More

  • Early Intervention and Juvenile Delinquency Prevention: Evidence from the Chicago Longitudinal Study

    2628 Words  | 6 Pages

    Lanza-Kaduce, L., Frazier, C.E., Bishop, D.M., (2002). Juvenile Transfer to Criminal Court Study: Final Report. Florida Department of Juvenile Justice Prison Policy Initiative, 8 January 2002.

    Read More

  • Vandergoot's Justice For Young Offenders

    1372 Words  | 3 Pages

    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.

    Read More

  • Juvenile Courts

    902 Words  | 2 Pages

    Several studies conducted to determine impacts of transfers of cases from juvenile courts to adult criminal courts for trial and potential sentencing indicate higher recidivism rates among the offenders. This is because of the notion the youth possess on the strictness on the adult courts. They believe trials on these courts end up in harsh punishment for offenders. In a way, adult punishments scare youth away from committing major crimes. However, studies show that short term punishments imposed on young offenders in adult courts propagates the offenders to commit even more crimes that are serious after their sentence terminates. This results from interactions with other crimes bearer behind bars who are convicted for far much worse crimes than they are. In addition the young offenders continued to commit crimes at a higher rate and more often than earlier on (Shari, page 1).

    Read More

  • History of the Juvenile Justice System

    2654 Words  | 6 Pages

    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.

    Read More

  • Essay On Teen Courts

    1452 Words  | 3 Pages

    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.

    Read More

  • Juvenile Criminals Should Not Be Tried as Adults

    1463 Words  | 3 Pages

    Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.

    Read More

  • Juvenile Court Case Study

    387 Words  | 1 Pages

    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

    Read More

More about Transfer to Adult Criminal Court

Open Document