The Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in, …show more content…
For example, in 1996 the legislature in the state of Missouri lowered the minimum age for transfer from fourteen to twelve (Zierdt, 1999, p.419). States in favor of this kind of shift justify the transfer because chronic juvenile offenders in rehabilitation centers will likely disrupt the reformation of other juvenile offenders as they are considered as a bad influence on them. It is thus, considered that in not transferring the juveniles in adult prisons, these chronic juvenile offenders disrupts the growth and development of other teens undergoing rehabilitation.
On the other hand, the advocates of the juvenile system believe that because children are not fully mentally or physically developed, they are not therefore accountable for their actions in the same way as adults (Ainsworth, 1995, p.932-933). Juvenile criminality for them is “youthful illness” brought about by external forces like environment or impoverished living conditions. Donna Bishop, an advocate of the juvenile justice system, encourages states to give these juveniles “room to reform.” She believes that a policy that is designed to discard youth in the middle of the transition to adulthood is uncharacteristic of a fair government (Bishop, 2000, p. 159). Supporters of this kind of reform program for juveniles are not amenable to the transfer to adult court
Juvenile delinquency has become a controversial issue within the Criminal Justice system. In the United States, juvenile delinquency refers to disruptive and criminal behavior committed by an individual under the age of 18. In many states, a minor at the age of 16 to 17 ½ can be tried as an adult. Once the individual reaches adulthood, the disruptive and criminal behavior is recognized as a crime. However, the criminal justice system has divided juvenile delinquency into two general types of categories that has brought upon controversial issues of inequality and corruption. Yet, putting young individuals in juvenile detentions facilities seems to open the door for them to commit more crimes in the future. Therefore, under certain circumstances juveniles should be tried as an adult.
The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system.
Some juvenile delinquents are being treated like adults and being sent to adult prisons instead of juvenile prisons. In an article called “ADULT PRISONS: No Place for Kids,” by Steven J. Smith, Smith presents an argument against treating juveniles like adults. His argument states that minors shouldn’t be trialed and placed into adult prisons because instead of being rehabilitated, they typically come out worse because of the daily exposure to already hardened criminals. Smith provides reasons why juveniles are convicted as adults, the drawbacks of placing adolescents in prisons with adults, and an alternative punishment for juvenile criminals.
With this message directed towards juveniles, as well as the likely chance that juveniles whom are transferred to the adult criminal court system will result in some type of incarceration, this may lead to a deterrence of violent or misbehaved actions committed by juveniles in an attempt to avoid these prosecutions. These statements conducted by Urbina and White (2009), are statements to consider on the issue of a juveniles transfer to adult criminal court. Although there are strong facts to support this type of transfer for juveniles, Urbina and White (2009) also found that this might not be the best option in some cases. There have been studies that showed juveniles whom were transferred to the adult criminal court system and sent to adult jails were more likely to re-offend and with more serious crimes than did their juvenile counterparts (Urbina & White, 2009). With this study that was conducted, it adds doubt to the fact that juveniles should be transferred to the adult criminal court system. Although, at times, this may be the best option for serious and violent repeated offenders, it is not likely that this process will have a positive affect on the juvenile or the community. Urbina and White (2009) continue to lack strong argumentative evidence to show the exact times that transferring a juvenile to the adult criminal court system is the
Every process has room for improvement, but the juvenile justice system can be altered by adding in possible solutions of what can be done to help this problem in American society. About 100 years ago, juveniles were always tried as adults. Now, that the government has altered the system for the better, the government knows that trying juveniles as adults is not always justified. It depends on the crime, but the majority of the time, juveniles are often always tried as juveniles, based solely on their age. Not only that has changed; the process of juvenile justice has changed as well to better help the juveniles in the system. The rights of juveniles in the system have changed so that the children can improve their lives once they are out of the system. Even though the process has changed and the rights have improved for the juveniles, there are still many improvements to be made. Studies show that recidivism rates are in fact going down, but the rate can always be better so that juveniles do not return to a life of crime.
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
The law had defined a line between juvenile and adult offenders. In the United States, if you are under the age of 18 and get into trouble with the law then you will have to face the Juvenile Justice System. Although the age requirement varies amongst states juvenile institutions and programs were created to help treat those who are in trouble with the law. There are several types of Juvenile Institutions and programs. Some provide harsh punishment for young offenders while others focal point emphasizes on treatment and prevention. There are several juvenile correctional facilities such as, training schools which are long term facilities for housing juveniles and serve as a function analogous to adult prisons (Thompson, 2013); Group homes, which resemble a dormitory type of living for juveniles while allowing them to engage in the society with limited participation, and even Detention centers. Juvenile detention centers detain young offenders sentenced by a juvenile court. They are reserved for the most dangerous offenders.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. 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 Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
The juvenile justice system is a complex web of people and agencies that process about billions of funds on a yearly basis. To understand the system requires that you have some sort of baseline knowledge of the trends that have shaped the system’s ability to function and the roles played by the various components of the system. This policy paper provides information on changes in the juvenile justice system and analyzes why the increased prosecution sentences of juveniles in adult court is another failed “get tough “policy and does nothing to focus on the best interest for the juvenile. Before the modern era, it appeared that children who committed crimes received no type of preferential treatment. They were adjudicated, punished, and imprisoned
With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.
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.
“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
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
Longer Sentences One potentially harmful outcome for transferred adolescent offenders is a longer or harsher sentence than they might have experienced if they had remained in the juvenile justice system. Both sides of the political spectrum seem to believe that this is the case. Those in favor of “get tough” policies promote long sentences for youth and see transfer to the adult system as a method to achieve this end. Meanwhile, those opposing adult sentences for juveniles imply that transfer to adult court produces long confinement in an adult facility. Although clearly there are adolescents who receive extended stays in adult correctional facilities that could not be imposed on them if they stayed in the juvenile justice system, the overall impact of transfer on extending institutional confinement for all adolescents involved in this process is not totally clear. For one thing, about 20 percent of transferred adolescent offenders receive probation in adult court (Bishop, 2000). For those who receive adult sentences, some evidence exists that juveniles who are transferred receive harsher or more punitive sentences compared with those who remain in the juvenile justice system (Kupchik, Fagan, and Liberman, 2003; Kurlychek and Johnson, 2004; Myers, 2003), possibly because the mere knowledge that a youth was transferred may convey a heightened level of risk to the judge, who may address it through a longer sentence (Kurlychek and Johnson, 2010). Males (2008), however, tracked 35,000 releasees from the California Department of Juvenile Justice and reported that juveniles were released from the adult system after a shorter time served than youth who were sentenced for the same offenses in the juvenile justice system. Whatever the increased chance of extended incarceration might be with processing in the adult court, it is still clear that many adolescents who are processed
By law adolescents are not able to vote, purchase tobacco or alcohol, join the armed forces, or sign a legal contract. Children are not permitted the same rights and responsibilities as adults because the law recognizes their inability to make adult decisions. The law acknowledges that children are unable to handle the consequences that come along with the rights that adults have. By allowing them to be charged as adults is holding them to a double standard. Telling them that they are not old enough to enjoy the same luxuries as adults, but they can experience the same punishment as adults if they commit a crime. The law acknowledged the inability of children to make decisions but still allows them to suffer the same consequences as adults. Research demonstrates that transferring children from juvenile court to adult court does not decrease recidivism, and in fact actually increases crime. Instead of the child learning their mistake they are more likely to repeat it. Juvenile detention centers have programs that help reconstruct young minds and help them realize where they went wrong. Prison does not offer this same opportunity. (Estudillo, Mary Onelia)