...different for a juvenile than it is for an adult. Why would it be a different punishment for the same crime between juveniles and adults? Can juveniles really learn from their crime? What if the juveniles make the court believe that they learned from their mistake and they got out of jail and commit the same crime but worse. Is it really cruel and unusual to sentence life without parole to juveniles? Juveniles that commit extremely bad crimes should not be punished; who in their right mind thinks they should not be punished? Is life in prison with or without parole a better option for juveniles? It all comes down to what the juvenile did, and if the juvenile and the adult made the same mistake, they should get the same punishment. It should always be fair between adults and juveniles; there is no difference because they made the same mistake, a crime is a crime. To begin with, can juveniles really learn from their mistakes? Some juveniles can and others can't. Well how will the court make the right decision? For example a juvenile gains trust from the court and gets out of jail early but when they exactly get out of jail they go to a party and kill someone. It is the juveniles responsibility to not get in trouble because they have to be role models for the next generation of juveniles and be the adults. Juveniles can learn from their mistakes but there are always the juveniles that lose the opportunity of being out of jail by committing another crime when out jail. Why do the...
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...Juvenile and Adult Courts: A Comparative Analysis Introduction Juvenile and adult courts have different language barriers that separate the two. Juvenile courts tend to use words such as detention hearing, petition, and adjudication to make things seem less harsh. Adult courts use words such as bail hearing, complaint or indictment, and the verdict. Adult courts deal with a stricter sentencing than juvenile courts do. Juvenile courts take the approach of a more controlled approach. Adults are taught to live a healthy and productive life, unlike minors. Juveniles have been reinstated so that they can be released back into society with a fresh start. The languages for juvenile courts are different than that of adult courts. Here are the different languages that separate juvenile courts from adult courts: Adult Courts • Bail Hearing • Trial • Complaint or Indictment • Defendant • Verdict • Guilty Juvenile Courts • Detention hearing • Fact-Finding Hearing • Petition • Respondent • Adjudication • Delinquent or Involved In juvenile courts they don't get a jury; instead the judge is the only person who determines if a minor has broken the law and what his or her punishment will be. The courtroom is closed to the media as well as to the general public. Juveniles are more prone to probation for longer times than adults. (#2)A juvenile's conditions of them being on probation tend to be obnoxious, including having a curfew, getting adequate grades...
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...Should Juveniles Be Tried As Adults Hope Penson Effective Essay Writing/ Com 150 March 28, 2010 Instructor: Brandy W. Kreisler Should Juveniles be tried as Adults? The United States is the world leader in convicting children as adults. Unfortunately once a child is charged as an adult the likelihood of a fair trial is very small. Over the past 30 years there have been changes in many states laws which have led to a dramatic increase in the number of juveniles tried as adults and housed in adult jails and prisons. These get tough laws have made it easier for more and younger juvenile offenders to be prosecuted in criminal court. The purpose of juvenile court is to treat, not deter. Changing the social environment in which juveniles live is a more effective way to reduce juvenile violence than punishing the juvenile offenders in adult courts. The premise of the juvenile court is sound since children have not filly matured, they shouldn’t be held to the same standards of accountability as adults. In some states certain juvenile offenders are automatically tried as adults. Even though juveniles are committing serious crimes at an alarming rate they are not being reformed because juveniles being charged as adults do not comprehend the nature of their crimes. What is America to do? Is charging them as adults reforming them or contributing to the problem once they return to society. The Illinois Juvenile Court...
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...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...
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...of Data 10 IV. Analysis and Suggested Remedies V. Conclusion VI. Bibliography VII. ANNEXURE – Sample Questionnaire 2 Social Transformation in India I. Introduction, scope and methodology 1.1. Introduction “There can be no keener revelation of a society’s soul than the way in which it treats its children.” - Nelson Mandela. The twin concepts of "juvenile delinquency" and "juvenile justice" have gone through a constant process of evolution and refinement. Ever since the 1920s, when as a sequel to the Indian Jail Committee (1919-20) recommendations, comprehensive Children Acts were first enacted in the Provinces of Madras (1920), Bengal (1922) and Bombay (1924) till the passing of the Juvenile Justice Act, 1986,1 the advances have been dynamic. These changes were partly due to litigation by public interest groups contesting the status of juveniles in Indian jails, Supreme Court rulings, and the adoption of UN General Assembly of the Beijing Rules in 1985. Even after a decade of passing the JJA, most of the states had failed to establish separate juvenile courts, welfare boards or special homes for delinquents. These measures haven’t successfully crossed the realms of justice into welfare. The reformation and rehabilitation measures by the government and contribution made by social organisations are being discussed in the following pages. 1.2. Scope This project is aimed to find out the lacunae in the Juvenile justice system of our country...
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...Juvenile Criminology Student’s name Institution My discussion question Adult prison system is unsuitable to meet the needs of young offenders as shown by various research studies. The process of maintaining public safety, successful integration of young offenders to the community, rehabilitation, skill development and treatment are the main goals of the juvenile system. As suggested by Howell, (2003), justice can never be served by forcing juveniles through a system never intended to process teenagers, moreover transfer laws have worsened the implications they intend to address. Juvenile justice system was essentially established because many teenagers were subjected to awful violations in adult jails and prisons hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The...
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...This issue paper will cover the subject of “Trying Juveniles as Adults”. This has brought up a very controversial topic that people seem to be very passionate about. The rate of minors committing horrendous crimes has been on a steady rise for the past couple of decades (DOJ National Report Series Bulletin, 2011). There are many differences between the court system for Juveniles and the justice system for adults. In Juvenile courts there are no juries and no trails by jury either. In adult courts the sentencing is much harsher and the chance of getting off the hook with some counseling is very slim. If a juvenile is defined as a person under the age of 18, how can you justify trying them in a court designed for adult offenders? Some juvenile cases get transferred to adult criminal court through a process called a “waiver”—when a judge waives the protections that juvenile court provides (www.ojjdp.gov). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before (nolo.com/juveniles youth adult criminal court). Being tried as an adult gives a juvenile more constitutional protections, but it also has disadvantages such as losing the juvenile protections as well. Depending on the crime of the minor, both court systems can punish the individual, but which court can give the appropriate punishment or the “crime”, not the age of the person committing the crime? The big question now is should we the courts show more...
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...Throughout this manual, we use terms such as “racial groups” and “minorities” interchangeably, with an understanding that many, but not necessarily all, of the dynamics of the criminal justice system apply to various racial and ethnic groups. 3. Leinfelt, F. H. (2006). Racial Influences on the Likelihood of Police Searches and Search Hits: A Longitudinal Analysis from an American Midwestern City. Police Journal, 79(3): 238–257. 4. Office of Justice Systems Analysis (1995). Disparities in Processing Felony Arrests in New York State: 1990–1992, Office of Justice Systems Analysis, New York State Division of Criminal Justice Services. 5. Sabol, W. J., and Couture, H. (2008). Prison Inmates at Midyear 2007. Washington, D.C. Bureau of Justice Statistics. 6. U.S. Census Bureau (2007). 2006 American Community Survey. Available online at: http://www.census.gov/acs/ www/index.html. 7. Sabol and Couture, op. cit. 8. U.S. Census Bureau, op. cit. 9. Bonczar, T. P. (2003). Prevalence of Imprisonment in the U.S. Population, 1974–2001. Washington, D.C.: Bureau of Justice Statistics. 10. Snyder, H. (2006). Juvenile Arrests 2004. OJJDP Bulletin: Washington, D.C.: National Disproportionate Minority Contact Databook. 11. Federal Bureau of Investigation (2007). Crime in the United States, 2006. Washington, D.C. 12. Spohn, C. (2001). Thirty Years of Sentencing Reform: The Quest for a Racially Neutral Sentencing Process. In W. Reed & L. Winterfield (Eds.), Criminal Justice...
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...Punishment and Sentencing CJA 224/Introduction to Criminal Court Systems March 26,2012 Abstract This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained. There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different. The purpose of deterrence is to prevent crime by persuading individuals not to commit crimes because they have been punished for violating the law. For example, “when people decide not to park in a handicapped space because they have been fined or do not want to be fined, they have been deterred from illegal activity” (Meyer & Grant, 2003). There are two types of deterrence: general and specific. Specific deterrence is when criminals are deterred from future crimes because they have been punished. At whatever time convicted criminals state they want to avoid returning to jail, specific deterrence is in effect. General deterrence is when the community or people in general are deterred because they know criminals are punished. For example, when driving a vehicle, it is known not to speed or a ticket will be issued; to...
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...Juveniles being tried as adults Student’s name University affiliation Juveniles being tried as adults Introduction The first juvenile court started in the United States of America in 1899. The two basic principles on which the court juvenile court were founded are one, and juveniles were not mature enough to take responsibility of their actions compared to adults and two, it was easier to rehabilitate juveniles as compared to adult criminals (Grisso & Schwartz, 2000). In more than a century, these principles remained the benchmarks of the juvenile courts as they expanded from Chicago, their original birthplace, into other states and eventually in other parts of the world. However, in the recent year rising incidences of juvenile criminals being tried as adults has increased as it was before the advent of the first juvenile court. Much of this stems from the public outrage against the children who, in high numbers, are engaging in violent crimes. Many countries have adopted legislation that permits them to juveniles to be tried as adults. In some countries, there are provisions that allow prosecutors to try children as young as 14 years under certain circumstances (Grisso & Schwartz, 2000). Juvenile courts establishment aimed at separating the youthful offenders from the adult criminals and thereafter processing and rehabilitating them in forgiving and less punitive manner compared to the adult criminal system (Redding & Fuller, 2004)...
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...Pipeline affecting juveniles around the United States?”. In 2009, Heirtzeg wrote an article called Education or Incarceration: Zero Tolerance Policies and the School to Prison Pipeline. In the article, it mentions how the school to prison pipeline came about and how hard it is for a student who enters the school to prison pipeline to get out of it. There’s a stigma to the kids once they have entered the pipeline and label “criminals”. Racial minorities and children with disabilities are the two major groups of students who are caught...
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...2015 Richard Samante Prof. Martinez 2015 Richard Samante Prof. Martinez Juvenile Delinquency in Manila Juvenile Delinquency in Manila CR-21 CR-21 CHAPTER I Introduction A. Background of the study Delinquents is from the legislatic point of view the minors committing criminal act are not called criminals but delinquents. The persons under eighteen who commit violations of law are called delinquents. The penal codes of almost all the civilized nations make special provisions for the treatment of delinquents in law courts. There is a consensus among criminologists that delinquents should be reformed rather than punished. Earlier, it was mentioned that, throughout most of the world, juvenile offending has been recognized for hundreds of years. It would be logical to wonder exactly how juvenile offenders in historical times were handled. For one thing, as indicated earlier, there were, however, juvenile institutions and other procedures for handling juveniles that were created in America during the 19th (Roseheim et al. 2002). Historical accounts of the development of the juvenile justice system throughout the world indicate that before separate institutions and proceedings for juveniles were established in the 19th, juveniles were often treated as if they were small adults. Even children of royal families in England, for example, were exposed to adult situations, such as sexual activity among adults, and were thought to be ready for adult roles in society if they...
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...concerned with juvenile diversion programs in the State of Texas and whether they work in reducing recidivism rates among offenders of both minor crimes as well as serious crimes. The study looked at four different treatment programs and the services provided by each. All juveniles were referred to the diversion programs following a preliminary hearing within the court system. This project ran from January 2017 until December 2017, during which time 562 youth were referred. The recidivism rates for each program type were calculated 24 weeks post diversion program through self-administered surveys as well as a review of court cases and a statewide warrant check. I. Introduction The juvenile justice system was created...
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...Juvenile Court System Felicia Simmons CJS/200 10/13/2012 Monty H, Mathis M.Ed Juvenile Court The juvenile court system takes into different consideration when it comes to juveniles. They look at the age of the juvenile as well as the nature of the offense or crime that has been committed. Although the nature of the offense or crime will not ensure that the juvenile will be charged as an adult. In the juvenile court system when a minor commits a crime they are referred to as delinquent not criminals. Juveniles are not arrest they taken into custody and also in court a juvenile case can have adjustment made so that the minor may be sent home or placed in a detention facility, or a child care shelter. At this point the juvenile will be a findings hearing or adjudication hearing. If the juvenile is sentenced they can be sentenced from a range of different things such as commitment to a youth center, treatment, training schools. Before the juvenile is released they might be moved to a residential childcare facility or an aftercare facility. Adult Court System In the adult court system age isn’t a big factor at all, but the courts do look at pass offense as well as any other background or criminal history. Adults are refereed as criminal and they may chose to plead guilty, not guilty or no contest to any charges that they may be facing. An adult offender that is in the due process stage will either be sent to jail or they get a reduction in the charges that they have...
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...JUVENILE JUSTICE SYSTEM IN THE NEW ERA S.No | Description | Page No. | 1. | Introduction | 3 | 2. | Historical background | 4 | 3. | Evolution of juvenile justice system I. Several unique feature characterized in early juvenile court II. English idea of providing separate system for juvenile offender III. The Reformatory schools | 5 | 4. | International concern I. Relevant Article from UN convention II. Movement of Juvenile justice in India | 7 | 5. | Indian legal Provision I. Constitution provision II. Penal provision III. Juvenile justices provision a. Reformatory school Act-1876 b. Children Act-1960 c. Juvenile justice Act-1986 IV. Juvenile justice(Protection and Care) Act-2000 | 10 | 6. | An Analysis I. Who is a juvenile in conflict with law II. Age of criminal responsibility and determination of juvenility III. Present conflict about the age | 14 | 7. | Indian Reformatory approach I. The Child Welfare Committee(CWC) II. The juvenile justices board III. Police IV. Probation Officer V. State government | 16 | 8. | At present- Extent of delinquency in India-NCRB Report | 18 | 9. | Root causation of increasing number of juvenile | 23 | 10. | Role of the society | 26 | 11. | Judicial efforts | 27 | 12. | Recommendation | 28 | 13. | Conclusion | 30 | Introduction 42% of our population is children; the problem of juvenile delinquency is not new but this seek our attention recently very much because...
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