...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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...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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...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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...American Intercontinental University Youth Court Proceeding Approach to a Juvenile Criminal Case When a juvenile is tried for a criminal act it is considered an act of delinquency not a criminal act depending on the severity of the crime, if considered severe enough they can be tried as an adult. The criminal justice system differs with minors and adults, sentencing with a minor are directed more towards rehabilitation to better serve the best interest of the minor and their future behavior. In Juvenile cases there is a adjudicate hearing to present the evidence to a judge who will then rule on whether the juvenile is delinquent. The crime when considered a non-violent offense and the juvenile has no prior offenses the approach taken is one directed towards future recidivism and rehabilitation (LegalMatch, 2014). Steps and differences in Juvenile Criminal Case When a juvenile commits an offense they are detained rather than arrested, a petition is then drawn up to serve as the official charging document, jurisdiction of the juvenile court, notice for the reason of court appearance, and as a notice to the family of the juvenile who is detained. Once the court procedure begins there will be an adjudicate hearing to determine if the juvenile is delinquent and what action should be taken after that decision has been made. The adjudicate hearing and sentencing are heard by a judge and do not include a jury since a juvenile does not have the right to a trial of a...
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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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...There have been many arguments about whether or not juveniles should be sentenced to mandatory life without parole. The execution of juveniles for the crimes they committed when they were under the age of eighteen is a huge issue that the Supreme Court has had to deal with. It all started out in 1972 with Furman vs Georgia when the Court ruled that life without parole did not violate the eighth amendment of the constitution. Throughout the years there have been many different opinions about the situation. The majority of supreme court justices believes that it should not be mandatory to sentence a juvenile to mandatory life without parole for committing crimes but the other minority argues to retain it. I agree with the majority of justices who argue that sentencing a juvenile to life mandatory life without...
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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 of the Courts...
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... I believe treating juveniles as adults is a good law to ensure that they can go to jail and receive time for a crime they committed. I think no matter what age a person is they should learn a lesson by doing their punishment or do hour services for the community. If a child that can pick up a dangerous weapon and harm an innocent person they knows what is right or wrong. They know that they can get in trouble for it. They should expect the consequences are going to be giving to them. My offer, point of view to prevent things like this is that children and adults should take delinquency programs. They can get counseling, get other services where they can get help to get their life straighten out, and prevent them from getting in trouble in the future. During the 1990s, nearly every state passed more punitive justice laws making it easier to try juveniles in adult court. More and more teens are doing time alongside adults in prison. This represents society’s recent shift towards taking a harsher view of adolescent’s culpability. When a juvenile is charge with certain felony offenses, his or her case may be transferred to the adult criminal division where a juvenile will be prosecuted in the same way as adults charge with laws violations. When a child is found guilty or pleads guilty in adult court and is sentenced as an adult, that child is forever considered an adult for the future violations of state law. In some cases, minors can be tried as adults. There three strikes...
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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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...Gonzales vs. Mailliard, 1971 cause was a great change because police officers usually arrested juveniles using 601 phrase. It all started with a young girl saying that she got raped by fifteen boys from a gang. She could only identify three by name and the rest she couldn’t. Some police officers went to where it happened and arrested ten more members, they use 601 phrase. It states in the book “this was not the first time that police had used the 601 WIC statue to arrest member of this gang.” A crime may have been committed but the police already tried to get the gang before using the same statue that they were using pertaining to the rape. This just shows us that they may have been doing the same thing with other juveniles so they can be send to juvenile hall....
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...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 even during school, but times have changed and by bringing a pocket knife to school is a serous offense. Juveniles know this and this prevents them from bring a pocket knife to school. It works in that example and I think it could work with every crime. Punishment is light on every juvenile crime that is committed from the just being delinquent to committing murder. Riley (2007) stated,...
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...Criminal 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...
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...Gonzales vs. Mailliard, 1971 cause was a great change because police officers usually arrested juveniles using 601 phrase. It all started with a young girl saying that she got raped by fifteen boys from a gang. She could only identify three by name and the rest she couldn’t. Some police officers went to where it happened and arrested ten more members, they use 601 phrase. It states in the book “this was not the first time that police had used the 601 WIC statue to arrest member of this gang.” A crime may have been committed but the police already tried to get the gang before using the same statue that they were using pertaining to the rape. This just shows us that they may have been doing the same thing with other juveniles so they can be send to juvenile hall....
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