...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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...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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...Children should never be tried as adults in any court of law. It has been a large and heated debate about if adolescents should be able to be tried as an adult for adult crimes. One side of this argument is that if a teenager commits an adult crime, they should be sentenced reflecting the crime and not the age. Whereas others believe that if a child does not have the same legal rights and responsibilities as adults, they should not be held to adult standards in this case either. In this paper I will explain the disadvantages and inhumanity of this injustice toward our future by using facts, statics, and blogs. In the 18th century, children as young as seven could be tried as adults, in criminal courts, in America. These children were jailed with adults because the first institution designed to accommodate children wasn’t established until the year 1825. The Society for prevention of Juvenile Delinquents founded the New York House of Refuge, which prompted other states to follow their examples by building group homes and half way houses for child offenders. The first juvenile court wasn’t established until the year 1899 in Cook County, Illinois. It took until the year 1925 for 48 out of the 50 states to found juvenile courts as well. An amendment in 1980, mandated that juveniles could not be placed in adult jail, with few exemptions. But these exemptions were later used as loop hole,” In the 1990: almost every state passed laws making it easier to try juveniles in adult criminal...
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...People who are charged with offences in the United States will very often attempt to use one of the criminal defences to make them not criminally responsible or less criminally responsible for the charge. Some of the Criminal defences used are the insanity defense, claiming that the offender was mentally insane, the necessity defence, claiming that the crime was committed to prevent a more serious crime from occurring, and being underage. Each of these three criminal defences are very effective ways of reducing or eliminating criminal responsibility from the offender. A person's age is a large variable in determining whether or not the person is criminally responsible. and child under the age of seven years old is most likely not going to...
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... we call juvenile criminals, but, every action has a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice system is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include police, prosecutor, detention, court, probation, and the Department of Juvenile Corrections. But, when young offenders commit a series of crimes or even serious crimes, they are waivered into Adult court where they will be subject to any punishment available. Some cases of Juvenile’s being tried as adults is not fair. Some people would disagree about their charge. Some pros of Juveniles being tried as adults are, Attacking juvenile crime lowers the overall crime rate and allows us to live in a society that is much safer. A juvenile who knows that they will be punished for their crimes is far less likely to commit them. Other juveniles who may be considering committing a crime will also view the harsh punishment of their peers as a powerful deterrent. A crime is a crime no matter what, even if it is the littlest crime. A juvenile who is tried as an adult could end up being scared straight, which will make them from not continue to break the law. Spending a few nights in jail around hardened criminals can often be the wake up call. A juvenile offender needs in order to realize the error of their ways and make the necessary changes to their lifestyle (Should juveniles be tried...
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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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...Juvenile delinquency has steadily increased over the years and does not look to be decreasing any time soon unless measures are taken. Juveniles are usually convicted and sentenced in juvenile court but some cases have also been tried in adult court. Status offenses are also controversial topics that need further research before any conclusions are drawn on them being an actual violation of the law. There are also a number of different variables and characteristics of each juvenile in detention, and these paint a broader picture of the environment and culture they come from. Juvenile delinquency is also known as juvenile offending or youth crime, which is the participation of juveniles in illegal behavior. A juvenile delinquent is usually a person under the age of 18 who commits an offense that would otherwise have been charged as a crime if they were an adult. It is also possible based upon the type and severity of the crime that an under-18 juvenile delinquent could be charged and tried as an adult. State policies vary as to the age at which a person legally becomes an adult, but if we refer to a juvenile as a person under the age of 18, the figures are shocking and disproportionate. The Office of Juvenile Justice and Delinquency Prevention (OJJDP), reports that nearly 16 percent of all violent crimes and 26 percent of all property crimes are committed by under 18 year olds. What is even more worrying is that this age group only makes up 26 percent of the total population...
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...ITT-tech | Juvenile Justice Supreme Court Cases | Project 2 | | Latisha Lipsey | 7/30/2012 | | Juveniles have been committing crimes since the beginning of time, and they were punished has needed. The problem in today’s world is the youths are starting to commit more crimes, then decades ago, and another issue is how to punish a juvenile for the crime they committed. There are several landmark juvenile cases that were decided by the U.S. Supreme Court. The first three cases, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970), are considered to be three biggest cases which opened the doors for the juvenile litigation before the U.S. Supreme Court (Champion, 2010,2007,2004,2001,1998). When the Kent case was decided in 1966, it was much easier for the U.S. Supreme Court to impose its vast precedent setting powers on juvenile courts in all jurisdictions. Then there was other cases including Breed v. Jones that granted various constitutional rights to juveniles (Champion, 2010,2007,2004,2001,1998). In today’s world juvenile courts in all jurisdictions have moved away from traditional approaches to juvenile offending and punishment and onto due process commensurate with adult offenders. The presence of an attorney in juvenile courts is more of a rule then an exception (Champion, 2010,2007,2004,2001,1998) . The history of the evolution of the legal rights of juvenile offenders began in the 1960’s, the Supreme Court required juvenile courts...
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...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
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...Juveniles convicted as adults: Unconstitutional How does placing a child in an adult prison, where they risk sexual abuse that eventually leads to suicide, teach them a lesson? Juveniles, who commit serious crimes, are usually seen as convicts or criminals who should pay the price of what they committed even if that means sentenced as an adult and occasionally with no parole. Some of these juveniles who are being tried as adults suffered from psychological traumas caused at home by their parents or own family members. People need to know what can be done to prevent these crimes. Placing a juvenile in an adult trial is unconstitutional and is abusing their rights. Many of the juveniles prosecuted as adults are placed in adult jails pretrial, where they are at risk of harm, abuse and suicide. People need to understand the importance and dangers of incarcerating a child in an adult correctional facility. The administration of justice should implement meaningful juvenile justice reforms such as, rehabilitation centers, counseling, and they should correspondingly perform psychological test before being prosecuted in an adult trial so the U.S can uphold the dignity and human rights of our children and ensure that no child in our nation is considered a throwaway person. Juvenile crime rates soared in the mid- 1990s, and that is why every state initiated strict laws against juveniles and began incarcerating minors as adults. That high rates of juvenile delinquency dropped quickly...
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.../2016 Professor John Padgett PS4115 – Juvenile Justice Practice April, 2015 Teen at Center Of Juvenile Crime Debate Trying juveniles as adults is a highly debated and controversial area of concern among law enforcement experts, the criminal justice system, and juvenile advocates. I remember a case that happen in Florida. Lionel Tate was accused of murdering his neighbor child that his mother was babysitting. This was a very highly controversy case, based on his age at the time of 12 years. My case study research was done on the case of Lionel Tate. Lionel was charged with and sentence as an adults to life in prison at the age of fourteen. Lionel Tate, who has been sentenced to life in prison without parole in the wrestling death of his 6-year-old playmate. Under Florida law, Tate faced a mandatory sentence of life in prison without parole for his conviction on first-degree murder charges. Tate, who was 12 when he killed 6-year-old Tiffany Eunick, who faces an adult trial under Florida law had been being punished under strong laws designed to deter other juveniles from committing similar crimes. Some believe that the punishment was too harsh and it would deter other juveniles from committing such crimes. Tate: Case Study of a Failing System? Tate was tried as an adult under a 1981 Florida statute that gave prosecutors discretion as to whether to charge juveniles as adults. Florida is one of 15 states that grant prosecutors...
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...Juvenile Delinquency and the Adult Court System Soc. 321 Juvenile Delinquency February 21, 2013 Table of Contents Abstract 3 Social Norms in Society 4 The founding father 4 Gangs 4 Juvenile Delinquent 5 Juvenile Justice 5 Juvenile Prosecution 6 Waivers 7 Factors for Waivers ...
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...The juvenile court system has the option to transfer a case to criminal court rather than a juvenile court based upon age and crime. There are three different categories for the transfer. The first type of waiver is a judcial waiver; this waiver allows the juvenile judge to transfer the case. The second is a concurrent jurisdiction is a situation where both juvenile and criminal courts have jurisdiction over the case. The last waiver is statutory exclusion where the state mandates that certain crimes require that the juvenile be charged and tried as an adult based upon the crime. There is a process to all waivers, first the intake officer or prosecutor must complete a waiver petition. Once the petition is submitted a juvenile judge reviews the case to ensure that there is probable cause that the juvenile committed the criminal act. The judge then decides at that time if the case should be transferred to the criminal courts to decide. If the judge decides to deny the waiver request there will be an adjudicatory hearing in place in the juvenile court system. At times the prosecution will argue a judges final decision to defer a case being transferred to criminal court based upon the amount of times the juvenile had been adjudicated previously by the court and the efforts had failed to rehabilitate the offender from committing the crimes. When the judge makes the final decision to transfer the case to criminal court the juvenile court system is waived of jurisdiction of the case...
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...Kaur Ravanpreet Mr. Ramos English CP 12.2 26 March 2015 Justice for Juveniles The criminal justice system for adults and juveniles differs in many significant ways. An adult system is for eighteen and older who have committed a crime. The juvenile system is for young offenders who commit serious crimes. Adult offenders have to get a lawyer in order to meet a judge, and juvenile that is under eighteen needs to have their parents present to meet the judge. There are more crimes committed by juveniles. Some examples are school shootings, and murders. Sometimes kids commit a serious crime and are sent to adult prison. Two young girls who lured another twelve year old girl in to the woods, and stabbed her 19 times to please slender man. The two girls are being charged with first degree intentional attempted homicide. They are likely to be tried as adults and long prison sentences. These girls were only trying to please a fictional character who they thought was real and lived in the woods. They thought if they pleased slender man he would not come after them. The girls did not do this intentionally, they were doing it for their safety. Some people think we should treat them as adults and others think they are still kids whose brains are not yet fully developed. Adult courts tend to be more punishing, while juvenile courts tend to be more rehabilitative. Every state has their own laws and rules they make and follow. Each state is left up to their own devices on what to do. The...
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...Child Criminals: Is Punishment or Rehabilitation The Answer? Lisa Perdew Prof. H. Mathers Ivy Tech Community College With the growing number of crimes being committed by juveniles the question of whether punishment as adults or rehabilitation in a youth facility is the better option has never been more relevant. Some say that if a child commits a heinous crime, such as murder, they should be punished just as an adult would be. Others say child criminals are children first and criminals second and that they should receive counseling and rehabilitation in order to give them a chance at a normal adult life. Most states in this country do not have set laws concerning the prosecution and punishment of juveniles involved in serious criminal acts and thus the punishment is determined by the judge of each case. This can, and has, led to some juveniles being punished too severely and others getting entirely too light a punishment. The debate has come to the point of whether there should be a blanket law where in all juveniles guilty of terrible crimes are treated as adults no matter their age or if because of their age, under 18, they should all be treated as children no matter the severity of their crime. Social workers have long been at the forefront of this debate and have very strong opinions concerning these children. Most of them think rehabilitation, or even early intervention, is the better option for these children. Many of today’s...
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