...Adult Justice v Juvenile Justice System There is no question that if a person is involved in any type of crime they will at some time make their way through the justice system. However, when that person is an adolescent they will go through the juvenile justice system, as an adult would go through the adult justice system. Even though the crimes of each can be of the same manner or hold the same severity the punishment results can differ. The main reason for having the two different justice systems is that children cannot be held to the same punishment levels as an adult. Even though a child has committed the same crime an adult may commit, not every child has a mental understanding to make mature adult like decisions. The juvenile justice system was made in effort of saving children. (Siegel, pg281) The thought that a child has suffered from abuse or neglect among other factors; they could be rehabilitated into productive members of society. Much like an adult justice system a juvenile justice system also has different stages of the process. Whether it is an adult system or juvenile system the parties involved will have the right to an attorney, the right to cross examine witnesses, be notified of charges, and the prosecution must prove guilt beyond reasonable doubt.(legalmatch,2014). This is known as Due Process, which for many years’ juveniles did not have the rights to. This was due to the fact that juveniles were not being punished but yet rehabilitated. Things...
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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 Crime Jo Ann Macklin CJS/200 June 10, 2012 Sheila Toppin Juvenile Crime When we think of the United States judicial system, and what a good system it is. It is hard to believe at one time in our history, children were treated just as adults were. They would receive the same sentences and were placed in the same jail facilities. Now are juvenile system is not perfect, and need more improvements, but with society, and ever changing crimes, the juvenile system is always hard at work, facing the new challenges and seeking improvements. Juveniles that commit crimes are no longer considered criminals, but instead juvenile delinquents. If the child is of a certain age in some states, or the crime is a violent felony, such as rape, or murder, the child can be treated as an adult, making him or her criminal and trialed as an adult in a criminal court of law. The juvenile offender is treated different than an adult offender. The juvenile court system’s main concerns are for the safety, privacy and rehabilitation of the minor offender. The most signifying differences as stated by Attorney LaMance, Ken, “Juveniles are not prosecuted for committing crimes, but rather delinquent acts. When the delinquent acts are very serious, they may be considered crimes and the juvenile may be tried in the adult system. Juveniles don't have a right to a public trial by jury. For a juvenile charged with a crime, the trial portion of the case involves a judge hearing evidence and ruling...
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...Juvenile and Adult Courts: A Comparative Analysis Paper Cristal Irvin CJS/245 April 7, 2015 Samantha Brown Juvenile and Adult Courts: A Comparative Analysis Paper At one point in history there was only one system of justice for the people of the United States. As time went by, the justice system shifted into two structures which are known as the Juvenile and Criminal Justice System. It was recognized that children and adults were not committing the same crimes. The states responded to this issue by establishing a system that differentiates juveniles from adults by creating the juvenile court system. The Juvenile Court is a complex structure that in order to understand it, one needs to know the process of when a juvenile enters the system. The American Juvenile Justice System is put into place to focus and manage juveniles who are caught and convicted of crimes. The system is formulated by agencies that consist of police officers, prosecutors, juvenile courts, probation officers, and the Department of Juvenile Corrections. The system functions by agencies taking various steps when dealing with a juvenile. The first step is determining who is a juvenile. In most states a juvenile is considered a child between the ages of ten and eighteen and in some states they can set the maximum age as sixteen. When a police officer encounters a juvenile that has committed a crime the police officer has several options on handling a juvenile who has committed a delinquent act. Depending...
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...juvinel crimeJuvenile Delinquency and Juvenile Crime Article Nov 3, 2014 CJA/204 Juvenile Delinquency and Juvenile Crime INTRODUCTION At a young age kids start to determine their fate. In this world children play a game of follow the leader or monkey see monkey do. Children either want to grow up to be someone important or someone who’s not so important. They go to school or drop out depending on different situations. Juvenile delinquency affects communities, schools, and homes. This article will give the reader an understanding of children who choose to follow the wrong crowd and become one of the statistics of the juvenile courts system. DELIQUENCY AND STATUS OFFENCE DEFINITION Juvenile delinquency can become complicated because of age limitations and the laws that the justice system has to deal with for children of such a young age. Delinquency is a behavior of a delinquent child, a child who has violated the law ("Juveniles And Age Status Offenses", n.d). If committed by an adult age they would then be called criminal. Children who have not been disciplined well they are beyond parental control. Children display these actions towards adults, teachers, and anyone with authority. Some children decide to act out because of neglect. Neglect is when a child is not being taken care of properly by parents or guardians. Status offences involve the conduct that would not be a crime if committed by an adult. Actions committed are considered to be a violation...
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...Rollins May 24, 2016 CCJS Juvenile Delinquency 350 6380 Instructor: Jack Monell Comparison Paper Juvenile Justice & Adult Justice Systems The juvenile and adult justice system are similar but very much different. A juvenile is a child under the legal age, however depending of the crime the juvenile has committed they could be charge as an adult, in criminal court. In most cases when juveniles is arrested and charged with committing a crime or a delinquent act, it will take place in family court and that is where the trial, conviction, sentencing and rehabilitation process will start. The juvenile system thinks juveniles are not mature, but many think they could have a better chance at life if they are enter into a detention/rehabilitation center. With juveniles committing more serious and violent crimes nowadays, being sentenced and tried as an adult, it’s becoming hard again to tell the difference between the two groups. I will like to discuss the similarities and differences between the two. Juvenile and Adult justice system are differences in the beginning starting with being arrested. Juveniles get arrest, police need to make a quick decision whether to let the juvenile go or have the juvenile go to court, but going to court only depends on the crime that the juvenile has committed. “Cases involving serious crimes against property or persons are often referred to court. Less serious crimes, such as disputes between juvenile, runaways, and assaults of minors...
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...be? For those who come into the juvenile justice system, the answer may lie in their treatment. There are varieties of reasons why a child may become delinquent or commit a status offense. The juvenile justice system operates differently from adult courts because many times their offenses are different. While there are times when a juvenile will cross over and be tried as an adult, most will remain in the juvenile system. Categories The term delinquencies covers anytime a “juvenile’s actions or conduct is in violation of criminal law, juvenile status offenses, and other juvenile misbehavior” (Schmalleger, 2011, p. 543). Delinquent is one of the categories in the juvenile justice system. It applies if the child violates a law that would be considered to be a criminal offense if they were an adult. The category of undisciplined children covers children who are considered to be beyond their parent’s control. Children who fall into the category of dependent have no parents or guardians to care for them. Neglected children have parents or guardians who fail to provide proper supervision or care. Finally, there are abused children. These children may suffer physical, emotional, or sexual abuse at the hands of their parents or guardians. Status Offenders A status offense is “an act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court” (Schmalleger, 2011, p. 547)...
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...Justice System Position 1 Justice System Position Brandon Stockie Axia College of University of Phoenix Justice System Position 2 From a very young age children are taught that they are responsible for their own actions. They are taught that if they make a mistake then they will get punished for their mistake, but the parents also teach the child how not to make that mistake again and that it were rehabilitation comes in. This is a lot of people have a discussion on how to raise a child. Is it better to just punish the child with force? Or to rehabilitate the child by teaching the child what he or she did wrong? I say both works when they are used together. In this paper I am going to explain where I stand on the juvenile justice system. I believe by having the juvenile justice system be more focused on punishment it will see a decrees in crime. As a child if you did something wrong and you parents sat you down and told you not to do it again, and nothing else happened would you do it again? Children like to push and push to see what they can get away with, but by punishing them you are setting boundaries. By having a stricter punishments on juveniles we can prevent crime. It the juveniles know what type of punishment they will receive from committing a crime then it might be a deterrent from committing that crime. This works in high schools around the country. Twenty years ago it was not that uncommon for a juvenile to have a pocket knife in his pocket...
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...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 communities to...
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...Juvenile Delinquency Juvenile delinquency has been on the decline in recent years. The study of the variables, and distinction between the adult and juvenile systems, has helped in the decline. Delinquency is a criminal behavior that is committed by a juvenile. Depending on where in the United States the juvenile lives, they will be considered an adult between the ages of 16 to 18. This age has been lowered for serious crimes like murder. In those cases, juveniles have been tried as adults in court. Delinquency refers to conduct that does not conform to legal or moral standards of society; it usually applies only to acts that, if performed by an adult, would be termed criminal (“Encyclopedia Britannica”, 2013). This helps to distinguish delinquency from a status offense. Status offense is a word used in the United States to describe acts that when committed by a juvenile are illegal, but not when an adult does it is legal. These offenses are considered to be a violation because the individual is...
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... | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student website. |Week One: History...
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...many significant differences between the juvenile and adult Justice systems. There has been speculation that the leniency found within the juvenile courts is not always the best option for all cases. In the juvenile courts, rehabilitation of the individual is the primary focus. Within the adult courts due process and retribution are considered more so than the latter. One of the main differences in the juvenile and adult courts is the terminology which is used. For juveniles who are brought into court, the terminology refers to the situation as an "act of delinquency". In the adult court the term "crime" is used. Another difference is the way in which the juvenile offender's background is taken into consideration. For instance, the juvenile's academic record and family background are taken into consideration for the case. This is not always true in the case of the adult offender . The juvenile courts tend to focus on the individualized rehabilitation of the offender. The adult courts tend to focus on the "expression of the community's disapproval for the illegal behavior with an appropriate amount of punishment for every conviction. The next stage is even more complex pertaining to the juvenile. Juvenile offenders are not arrested like an adult; they are instead taken into custody. While an adult would be indicted the juvenile has a petition filed against them. In the juvenile court they agree to a finding or deny the petition. Adult offenders must plea, either guilty, not guilty...
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...Effective Methods of Investigating Juvenile Offenders and Delinquents CRJ 105 August 24, 2014 The Challenges and Effective Methods of Investigating Juvenile Offenders and Delinquents Criminal behavior in juvenile offenders has plagued justice from the beginning. Hagans book Introduction to Criminology discusses the relationship between age and crime in detail. I’ve always been interested in the real effects of a juvenile arrest record and how it will follow them for life. The book also states that “arrest data shows that the intensity of criminal behavior slackens after the teens”. So how are these young adults treated and tracked through the system? There have been many important movements and legislation though history towards the shaping and treatment of juvenile offenders and delinquents. The Juvenile Justice System today is by no means perfect, but it is far greater than what was initially in place. During these times, anyone under the age of seventeen who committed a crime was placed in the same judicial system as adults. As social views began to change, many started to see juvenile offenders as youths who had simply lost their way, rather than hardened criminals. The first large movement involved with removing juveniles from the adults took place with the Houses of refuge. In the early 1800’s reformers became concerned about the overcrowded conditions in the jails and the corruption youth experienced when confined with adult felons. The first House of Refuge...
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...Discussion about The Juveniles Law: Abolish vs Maintain As Juveniles crimes are increasing, there is criticism that the punishment for juvenile offenders is too soft. In recent years of Korea, juvenile crimes has proved that juvenile offenders became crueler than ever. The case of Busan juvenile violent crime was committed by five middle school students. The victim was their friend. They beat her six hours and threaten her with scissors. However, this is not only big problem in the South Korea, but also in the United States. According to the research of Police Department, between 1980 and 2005, 43,621 juveniles were arrested for murder in the United States. The picture is just as bleak with respect to arrests for 109,563 rapes, 818,276 robberies,...
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...Resolution For Juvenile Offenders Juvenile Delinquents Should Not Have To Worry About Capital Punishment Tkemia S. Gibson 1000 Huntington Mews. Clementon, New Jersey 08021 Juvenile Delinquency Capital Punishment 2 Introduction/Abstract….. page 3 Judicial System…… page 5 Juvenile versus Adults…… page 6 Rehabilitation……. page 8 Conclusion……. page 9 Reference page… page 11 Capital Punishment 3 Introduction/Abstract In today’s society our judicial system has been trying to use rehabilitation, treatment services, and reformation to aide our youth in place of Capital Punishment. Capital Punishment was done away with on March 1, 2005. When dealing with medical research and therapist teams the process has become more opened to helping juveniles to overcome any negative behaviors in the legal system. Capital Punishment 4 Capital Punishment over the years has always been one of the most controversial topics that stay in communication with our legal system. In committing murder as a child, it is hard not to become judgmental in thinking that a child knows right from wrong. When thinking of a teenage child committing murder at times you may think do they really realize what they have just done and do they even know the consequences. My position is juveniles who commit the act of murder should not have to suffer the resolution of capital punishment because they are still children and their brains are not fully developed as an adult. In most...
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