...Lanier 06/13/2013 Juvenile justice in Virginia is based on the Juvenile Justice and Delinquency Prevention Act, which was passed in 1974 by US Congress. It stated that all states should provide the best rehabilitation for people who are too young to bear criminal responsibility for their actions (US Dept. of Justice, 1974). The Virginia Department of Juvenile Justice has a set values statement, which determines the attitude to juveniles in criminal justice and respectful treatment provided by law enforcement officers to them. Juveniles in criminal justice are Virginia are treated as a specific group and have extended rights compared to adult offenders. Juveniles have their correctional centers and detention facilities, but the maximum sentence there cannot be too long because Virginia has not enough bed spaces to detain all juveniles who have problems with the law. The values of knowledge, respect and effective communication are realized in addressing juvenile cases in the court. Juvenile court is represented by Juvenile and Domestic Relations District courts in Virginia. However, there are certain cases when juvenile offenders can be tried in criminal court. According to Powers (2009), previously juvenile cases were heard in juvenile courts only. It was extremely difficult to transfer the case of juvenile offender (even the most violent) to the adult court. The latest US tendencies show that all...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...Future of the Juvenile Justice System Lashanna Banks-Augustus Bryan Knight Samantha Mathis Barbara Minish Jenny Sutton CJA 374 July 2, 2012 Mecca Brown The Future of the Juvenile Justice System In 1899 the first separate Juvenile Court system opened in the United Sates. The Juvenile Justice system design was to separate juvenile delinquents from adult criminals. Documentation proves that juveniles do not have the maturity level or the responsibility level of an adult to receive the same punishment as adults should. Juvenile Justice System main focus is rehabilitation as a replacement for punishment in which the adult court system focuses on punishment. The juvenile system methods are based on causation theories throughout history. However, with new trends comes new theories and with new theories comes a new wave of both rehabilitation techniques and designing those techniques to fit each juvenile personal needs; proving that change is in need throughout the different areas of the juvenile justice system. Community Community helps juveniles in different ways. Juvenile law will place them accountable for their actions. The community can help to hold the youths accountable for each of their delinquent actions. The community could help intervene by providing an effective intervention for the offender and to have the child protection protect the neglect or abused juveniles (The future of children). Each community should help develop different programs that will help...
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...responsibility of juvenile A “juvenile” means a person who has not completed eighteen years of age. A boy or girl under eighteen years of age is a “juvenile” according to the Juvenile Justice Act (JJA), 2000. Earlier, according to the JJA, 1986, the age of boys and girls were different, but however, the JJA 2000 which repealed the JJA, 1986, brought the age of male juveniles at par with the female juveniles. Another reason for increasing the age of male juveniles by the JJA 2000 is to bring the Indian juvenile legislation into conformity with the ‘United Nation’s Convention on the Rights of the Child (CRC)’. Article 1 of CRC states for the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Therefore, both the boys and girls below the age of eighteen years enjoy the protection of juvenile legislation. The term ‘children in conflict with the law’ as stated by the United Nation’s Children Fund refers to anyone under 18 who comes into contact with the justice system as a result of being suspected or accused of committing an offence. In India, the JJA, 2000 defines “juvenile in conflict with law” as a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence. Juvenile Crime Law is a subcategory of Juvenile Law. Although a type of criminal law, juvenile crime law only deals with...
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...Future of the Juvenile Justice System Proposal Gina Tompkins, Marcus Hall, Terri Washington, Victor Jones CJA 374 November 24, 2013 Bruce Clingan Future of the Juvenile Justice System Proposal The juvenile justice system is designed to correct and change the behavior of juvenile offenders. Change in behavior is an indication the system is working. If there is no change, the system is deemed ineffective and a team of juvenile justice consultants are called in to make corrections. In reality, this team is composed of four state officials whose sole purpose is to develop a proposal to present to the state legislature for recommendations of adjustments to the juvenile justice system. This team of consultants is creating these recommendations including all aspects of community, law enforcement, courts, corrections, and the private sector or privatization involvement. The community should be involved in the future of the juvenile justice system along with funding, awareness, and assistance from the state. Characteristics of the Golden Program and the Reclaiming Futures Program The recommendation to the state legislature is to improve the juvenile justice system by introducing proven ways of enhancing community involvement through community-based programs such as the Golden Program and the Reclaiming Futures Program. One proven way to improve effectiveness according to Nissen (2007), is a program named Golden (the integrated care network) that involves court personnel...
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...was a 17 and half year old. These incidents have shocked the conscience of humanity. The tragic link between the three cases across different jurisdictions is increasing number of heinous crimes committed by juveniles. In the first case Jordan Brown was charged for shooting and adjudicated guilty. He was initially tried as an adult but after spending three years in detention he was tried as a juvenile. In the second case, the 14 year old was initially booked into juvenile detention for rape but later was charged as an adult with heavy fine. While in the ‘Delhi Gang-Rape Case’ the 17 and half year old boy was tried as a juvenile and was sent to detention facility for a period of 3 years. Comparing the juvenile justice laws as USA had not ratified the...
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...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...
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...|Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in...
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...Morales 10/01/13 Criminal Law Foundations Evaluation the Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," nod.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parent’s patria allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist...
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...Social Work: Juvenile Delinquency In the last twenty years, juvenile crime is at its lowest point. It has decreased 36% since 1996 (Office of Juvenile Justice and Delinquency Prevention). With this change in crime rate, it can be assumed that the prevention of juvenile delinquency has been a great asset to our country, and leads into the profession of social workers role in juvenile delinquency. An overview of this field requires a social worker to be knowledgeable with criminal law, principles and education that can be gained from experience, familiarity with laws and practices, and awareness of environmental contributors. The social worker must be prepared to work in a variety of settings, and with other professions that contribute to cases. Overview of Social Problem The Social Work Dictionary states that juvenile delinquency is seen as a person under the age of 18 (some jurisdictions go by 21) that have been involved in criminal activity (juvenile delinquency, 2003). In 2002, juvenile delinquency was at its lowest point in the last two decades. Despite the statistics, most people believe that juvenile crime continues to rise. The media plays a great part in this problem because when a violent crime involves young offenders, the media has excessive coverage on situation. The average age of delinquents continue to be younger and younger. Even though juvenile crime has decreased, but serious violent crime rate for boys and girls are excessively high (McWhirter et al, 2007)...
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...Juvenile Justice System There are many aspects that go into the juvenile justice system. Dealing with juveniles is a much more sensitive matter than that with adults. Some of the aspects of the juvenile justice system include the historical development of the system, the predominant philosophy, key differences between the juvenile and adult systems, distinguishing between dependency and delinquency, and the reason behind the importance of confidentiality in juvenile court. After reading the class material and reviewing case laws and legislations, we can have a further understanding of the aforementioned keys. Historically, the juvenile justice system dates back to England in the 1600s. Chancellors were appointed to make decisions, which were in the best interest of the juvenile. In 1839 there was the case of Ex Parte Crouse, which dealt with a father attempting to release his daughter, Mary Anne Crouse, from the Philadelphia House of Refuge. The girl was not given a trial and the courts rejected the father’s claims. The state made decisions on behalf of the child and other states decided to do the same. In the case of Reform Schools and People ex rel. O’Connell v. Turner in 1870, courts were confining juveniles in reform schools. Many children in Illinois were getting put in reform schools for simply loitering or playing in the streets. Many parents began complaining of the unjust rulings. Later on the courts ruled juvenile delinquents would be placed under the...
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...Juvenile and Adult Courts Resha Harris CJA/374 June, 7, 2012 Tim, Tyler Juvenile and Adult Courts The juvenile Justice system has changed over time and continues to evolve with many policy changes taking place in the juvenile justice system. On July, 1, 1989 the juvenile court pass a law in the way juvenile are handle in the courts. Juveniles were placed inside institutions and other reform schools to determine if they would have positive impact on their lives in helping to make better decisions and choices. When a juvenile violate a criminal act a prosecutor or probation officer has the right to file a civil petition on the minor. They can also ask the court to determine that the minor is delinquent (Michon, n.d). A probation officer and prosecutor can both file a civil petition on a juvenile to get a criminal case started in juvenile court. The juvenile justice system is different from the adult justice system. Juvenile court deals with minors who violated a criminal statute. These proceedings are civil as opposed to criminal. Therefore, a juvenile cannot be charge with a crime. They can be accused of committing a delinquent act. If the charges of a juvenile are proven and a delinquency decision is made, the juvenile offender can be placed under the court broad powers. Broad powers mean that the courts can make the right decision for the juvenile. For example; if the courts has legal custody over the juvenile they can retain he or she until they become an adult...
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... Miya Boston CRJ301: Juvenile Justice Professor Jodi Levit February 27, 2010 Juvenile’s Rights The purpose of the United States juvenile justice system is to protect society more effectively by not just punishing children who commit crimes but attempting to rehabilitate them. The criminal justice system is here for us so that criminals are taken off the streets and to protect and keep us citizens safe as best as they can. Although it may seem hard to keep the nation safe, take criminals off the streets, as well as keep in mind that we all have rights, but that is what the criminal justice system is all about. Juveniles have rights at their time of arrest, as well as special adults, but juvenile’s right differing from adults. These rights include all of the Constitutional rights in the form of a Miranda warning (Wallace, & Roberson, 2008). In this essay, you will learn the rights of a juvenile during his or her arrests as well as the difference between a juvenile arrest and an adult arrest. Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney (Wallace, & Roberson, 2008). The laws of arrest that apply to adult offenders also apply to juveniles but with a little more simulations. Police officers know to temporarily detain juveniles to issue citations or criminal charges investigative purposes. Juveniles that are in any danger, meaning...
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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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...Fatimah Innab Juvenile Process and Corrections JUS 374 Juvenile Justice Systems and Processes Debra Nadeau May 7, 2012 Justice has always been the goal of our court system, but it is not always assisted, especially in cases involving juveniles. The judiciary process has progressed from a system that did not originally consider juveniles, to one where juveniles have their own court proceedings, facilities, and even laws. The juvenile justice system has come a long way, and individuals have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, approaching an adult. However, approaching an adult does not always mean that juveniles will have an adult mindset. Therefore, juveniles may need extra attention to help get their lives on track. This paper will examine the process and corrections of delinquent juveniles. The police and other law enforcement agencies usually have first contact with juvenile offenders. Juveniles can come into contact with law enforcement in three ways. First, law enforcement officers may see a law violation and respond. Second, officers may receive a report of delinquency and investigate it. Third, juvenile offenders might turn themselves in, accepting responsibility for a delinquent behavior. Officers have a variation of options to control juveniles when they come into contact with them. These options can be grouped into informal and formal options. The more serious...
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