The juvenile justice system varies from the adult justice system in many ways. For more than a century, the states have believed that the juvenile justice system was a means to ensuring public safety, by establishing and implementing a system that responds to children as they are maturing into adulthood. Today’s youths, however, are increasingly committing more serious crimes that in turn are raising the public’s criticism concerning the modern juvenile justice system. There are those who are in support of keeping every juvenile I juvenile court system and then there are the others who argue if juveniles were held to stricter standards they would not become repeat offender in the system and eventual end up in the adult corrections system. …show more content…
The Department of Justice confirms juveniles are entitled to Fifth Amendment protection under the Constitution, against self-incrimination in juvenile proceedings. This is despite the nature of the crime whether it is of criminal or non-criminal nature of those proceedings. (In re Gault, 1967) Substance, not form, controls in determining the relevance of the Fifth Amendment to proceedings not labeled criminal. Therefor since a juvenile defendant 's liberty is at stake, the Fifth Amendment would apply. The next question that then arises is does the juvenile have the mental capacity to understand their Fifth Amendment rights, that was explained to them when the officer first read them their Miranda Admonishment. Under California law, prosecutors who allege that a minor under the age of 14 has committed a criminal act, the courts must establish that the child can distinguish between right and wrong. The minor must also know what it means to break the law or commit a crime. (In re Gladys R., 1970)
Juveniles are not necessarily given every right afforded to adult criminal defendants. Let’s take a look at the right to “a trial by jury”. Juveniles do not have the right to a jury trial instead a Judge decides the juvenile cases. (McKeiver v. Pennsylvania, 1971) Taking into account that this is a worst case scenario, a minor adjudicated in juvenile court can face being sentenced to the
Unlike adults going to trial juveniles have more rights protecting them in the court of law or when being questioned by the police. These modifications of the law are in place to protect the interests of the juvenile as they are unable to comprehend some of the laws and rights like adults. In people v. Murdock, a juvenile was questioned after giving his consent to the officers to question him about a crime he may or may not have been involved in. Throughout the whole case there was the question of, whether statements made by a juvenile were considered involuntary.
The “Juvenile and Adult Courts: A Comparative Analysis” paper will compare juvenile courts with adult courts. This paper will present an overview of the juvenile justice system, a point-by-point comparison between juvenile and adult courts. The adjudication process by which a juvenile is transferred to the adult court system. This paper will also discuss the implications of the following for youthful offenders: The trend of increasing the use of waivers, and the trend of remanding juveniles to adult court for processing. The last topic addressed in this paper will be the societal implications
In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.
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.
Kathleen Blanco governor of Louisiana from 2004 to 2008 said, “Think about it: Every educated person is not rich, but almost every education person has a job and a way out of poverty. So education is a fundamental solution to poverty.” Every year thousands of students exit our educational programs not knowing how to read or write. How can we help these people? Do we just to throw up our hands in the air hands and proclaim that is not my problem? According to the National Assessment of Adult Literacy (NAAL), two thirds of students who cannot read proficiently by the end of fourth grade will end up in jail or welfare. 85% of all juveniles who interface with the juvenile court system are functioning illiterate. More than 60% of all prison inmates
In reviewing the reading assignment, I do think the U.S. Juvenile Justice System serves the purpose for serious felonies. According to an article, the juvenile justice system also provides ways to help with skill development, habilitation, rehabilitation, addressing treatment needs as well as a way to successful reintegration of youth into the community (Youth.gov., n.d.) When a crime is committed, there should be consequences of his or her actions, however I do not think jail is always the answer, especially for the ones that are not adults. I think he or she should be mental evaluate to determine his or her mental state and then put into a rehabilitation program. Bentham was a theorist that believed and followed utilitarian principles, which
The Juvenile Justice System is seen by many as being ineffective in treating the youth of this country, the programs are outdated and there seems to be little, if any hope that these youth will stay on the right path once released back into society. This paper will discuss the history of the Juvenile Justice System as well as how it has evolved since its inception. We will also discuss the “waiver process” that is used when transferring juveniles into the adult system, and what,
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
The issue of juvenile delinquency being addressed in a separate court system is a fairly new procedure. The first juvenile court system was established in Chicago, IL in 1899. Before that children who committed offenses were tried and punished as adults. If a person is under the age of 18 and they break the law they will be tried in a juvenile court unless it is an offense of a very serious caliber. No matter what the offense the juvenile criminal court was created to ensure all juveniles are taught a lesson for their actions. Two separate court systems means different procedures and wording is used. The juvenile court and and the adult court are both places where judges make decisions on the approach to take when a person has broken the law.
There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenile offenders the way we do adult offenders, and vice versa. This much we know. So we have to find a way to merge between the two. And, let’s face it; our juveniles are more important to us in the justice system. They are the group at they
In The United States, there are two facets to the justice system, one for juvenile offenders and one that is primarily for adults. The adult justice system is known as the criminal justice system. This is the system by which criminals are apprehended, tried, sentenced, and jailed. The juvenile justice system is for children that are under the age of 18. The beginning of the juvenile system has roots as far back.
I agree that society has their own views on illegal behaviors of juveniles and juvenile justice system. Judges the arresting officer on the crime scene all make a decision in the juvenile delinquent cases. Correctional officer also makes decision once the juvenile gets convicted and sent to a juvenile detention center. In North Carolina, a juvenile can be tried as an adult at the age of 17 in their courts.
Criminals can be all different ages; one particular category of criminals is the juveniles. A juvenile is someone who is at or below the upper age of the original jurisdiction in their resident state (Juvenile Justice, 2013). Juveniles due to age are not treated at the same level as adults; due to this we have Juvenile Justice. Juvenile justice was said to be considered all the way back to the early years from the English brought over to American culture from England (Juvenile Justice, 2013). Since then in America we have had 5 major periods in the Juvenile Justice system.
The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also being easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice system is made up of police, courts, corrections, probation and parole services, as well as community-based programs to name a few (book).
The juvenile justice system and criminal justice system also known as the adult justice system is two different systems. The juvenile justice system is children who are under the age of 18 years old. After the age of 18, it is considered to be an adult it will enter through the adult justice system. There ate states that allows youth to stay in the juvenile justice system from age 18 until 21. The main differences between the juvenile justice system and criminal justice system is rehabilitation and parole.