...Juvenile Justice Juveniles always tend to be in an awkward situation when it comes to courts and how to punish them. Juveniles have certain rights but they waive those once they commit a serious crime or felony, such as murder or rape. There have been many cases where judges and prosecutors are torn between a child committing a crime and debating whether the juvenile should serve their complete sentence or as much as possible until they turn 18. Although in most states, a juvenile offender must be at least 16 to be able to be tried in adult court a number of states, minors as young as 13 can be tried as an adult. Yet there are few states that allow children of any age to be tried as adults for certain types of crimes, such as homicide. In many cases juveniles and their attorneys fight to keep a case in juvenile court but there are some advantages to being tried in adult criminal court. For example minors have the right to a jury trial in adult court while most states do not provide a right to a jury in juvenile court. Juries in adult court may also be more sympathetic to a minor. Where there are jails which are crowded, the court may be inclined to dispose of the juvenile's case more quickly and impose a lighter sentence. One of the many disadvantages for juveniles in adult court is that the juvenile is subject to more severe sentences, including life sentences. Judges in adult court do not have the wide range of punishment and treatment options that are available to juvenile...
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...Hunter Jenkins K. Turnage English 112 24 January 2015 Abstract Do you believe that juveniles should ever be tried as adults? If so, in what situations and why? That question that was put forth to fifteen different people in a survey. Along with the survey, several articles related to the question were researched This survey and the research on the articles was done in order to gather enough information to present both sides of this issue. The results show that almost all of the fifteen people had very similar responses. The articles that were relative to this question offered very good arguments for both sides. Fourteen of the fifteen people surveyed immediately responded by saying that it all depended on the seriousness of the crime committed. For the more serious crimes such as murder, rape, and any other crime that results in the victim being harmed, it was almost unanimous that yes, the juvenile should be tried as an adult. The results of the survey showed that fourteen out of the fifteen people felt that an individual capable of committing such crimes should be tried as adults. Should Juveniles Ever Be Tried as Adults? There has been much research and discussion regarding this question. There are many people who feel as if juveniles should be tried as adults, and likewise, there are many people who feel that juveniles should be tried only in juvenile courts. It is a question that requires much research in order for somebody to reach an intelligent decision. This...
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... 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 states are trying to make...
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...there were juvenile courts children would get punished by their fathers. There were very few children that would get processed through the courts. Now these days when a juvenile gets arrested by law enforcement he or she will determine where the juvenile needs to go depending on what kind of crime has been committed. Juvenile court has partial jurisdiction which means that they can only hear certain cases (Meyer & Grant, 2003). Normally the jurisdictions are outlined by age and what kind of crime has been committed by the juvenile (Meyer & Grant, 2003). In some states there is an age limit as to who the courts can see. Another factor is that in some states children can be tried as adults depending on what kind of crime he or she has committed. For example a murder case that a juvenile has committed should be tried as an adult. When a juvenile court receives the case of the accused juvenile they will then decide if it should be dismissed, handled informally, or to hear it formally. They review the case carefully and decide if there is enough evidence to try the juvenile. If the court decides that they have enough evidence to try the juvenile, they then make a decision to hear the case formally or informally. If they do not have enough evidence the case is then dismissed. While the court is determining what kind of case they have against the juvenile he or she may be detained in a juvenile detention center. My opinion on whether or not the juvenile process should differ from...
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...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 sympathy and compassion...
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...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 as adults...
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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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...two reasons for using it and include thesis statement: Juveniles and the justice system is the topic chosen for my research paper. According to the FBI “Juveniles (< 18 years) were arrested for murder, 2,198 for forcible rape, and 35,001 for aggravated assault,” these are all actions that sound horrible and reap even more horrible consequences. “When juvenile cases get transferred to adult criminal court through a process called a ‘waiver’—when a judge waives the protections that juvenile court provides” (Kathleen Michon, 2016). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Ever since more states have begun trying juveniles as adults in certain situations, the crime rate among juveniles has dropped significantly. Thesis statement: The frequency of juveniles committing horrendous crimes has been on a steady rise for the past couple of decades and even though fewer varieties of punishments, juveniles should be tried as an adult because it would deter and minimize crimes committed by minors and brings justice to the victims. Describe 3 major characteristics of your audience: My intended audience will include my professor and classmates, lawmakers, judges, prosecutors, lawyers, and parents. I will try to persuade readers to agree with my stand on juveniles and violent crimes and why I feel so strongly that juveniles should be tried as an adult. I will need the help of the federal and state governments...
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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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...and them being tried as adults. The reason behind my choice involves the number of increased crimes that have been committed by minors. There are many opinions about this very topic both for and against minors being tried as adults. Many on the opposing side of this argument feel as if sentencing in adult courts would be Cruel and Unusual punishment for a minor, which in turn is a violation their eighth amendment right. Recent trends in the increase of rape, murder, gang related crimes, and armed robbery have shown that a significant portion of the people involved are between the ages of 12 and 17. Most of the people in this age group have been repeat offenders calling into question are juvenile court and the punishments having an effect? The answer to this is simple… No. Examining both sides of the argument as well as data will not only show this but also enlighten many...
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...Should Youthful Offenders Be Tried As Adults? Ervin Franklin March 28, 2012 SWK 501: Policy II History of Juvenile Justice System: “Many people believe juvenile courts were invented to "go easy" on young criminals. The actual reasons are more complicated. The 19th Century reformers who advocated the establishment of juvenile courts were just as interested in crime control as they were in social work. Admittedly, some reformers were motivated by a desire to save growing numbers of poor and homeless children from the streets of America’s cities. Others, however, were mainly interested in removing the legal obstacles that prevented criminal courts from dealing effectively with young hoodlums” http://www.urban.org/publications/307452.html The Juvenile Justice System was founded on the principle that “children are fundamentally different from adults, and that the justice system that deals with them should reflect these differences” (Setting the stage). Two themes make the system: the welfare of young offenders and the protection of public safety. “State legislatures are responsible for establishing juvenile courts and for framing their legal responsibilities. Thus, state lawmakers have the power to decide who falls under the jurisdiction of the juvenile court and who remains under the jurisdiction of the criminal court. At one time, the issue was relatively simple. States merely decided at what age an individual was to be fully responsible for...
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...According to the Iowa State Daily, “Murder cases among 14-17 year olds have increased 160 percent between the years 1984 and 1999.” Sadly, these fourteen to seventeen-year-olds are still being categorized as juveniles, and are therefore tried in juvenile courts where they do not get a satisfying punishment. Today society gives these juveniles the right to vote at the age of eighteen; the fact is that when society declares an eighteen-year-old as an adult is such a random standard to determine one’s maturity as far as their crimes go. “We used to deal mostly with kids breaking street lights and now routinely people are seeing rape and robbery” claimed Harry Shorstein, a state attorney for the Fourth Judicial Circuit in Jacksonville, FL. (Hunzeker)....
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...Punishment and Sentencing Abstract In general, a juvenile cannot be tried in an adult court. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. In juvenile courts, a juvenile is entitled to Due Process Rights that include a transfer hearing before trial in adult court, notice of charges, and assistance of counsel, amongst others. However, juveniles are not entitled to a trial by jury, mandatory presence of parents during interrogation, and right against preventative detention. Punishment and Sentencing In general, a juvenile cannot be tried in an adult court. Instead, crimes committed by juveniles are handled in special juvenile courts that have limited jurisdiction, which is determine based on the offender being under the age of seventeen and above a state defined minimum age. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. Under statutory exclusion, juveniles that are generally older and commit crimes of a serious or violent nature can be tried as an adult. Under a judicial waiver, the juvenile court judge has the ability to send the case to an adult court. State statutes guide the juvenile court judge in determining which cases can be judicially waived. In doing so, a juvenile court judge must hold a waiver hearing to give due process protections...
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...Pros and Cons of the Juvenile Justice System Under most state laws, juvenile offenders do not commit "crimes", they commit delinquent acts, and some of these acts would constitute as crimes if committed by an adult. The trial phase of a juvenile case is called an adjudication hearing. This is when the judge hears the evidence and makes a determination whether the child is delinquent or not. The court may then take whatever action it deems necessary to be in the child's best interest. The purpose of the juvenile court is to rehabilitate, not to punish. However, the clash point in this debate is whether juveniles are mature enough to handle the consequences of their actions and as well be punished more severely in adult courts, if they commit more serious crimes. One of the basic problems and source of this debate is determining where to draw the line. A crime is still considered a crime, no matter who commits it. That is the attitude of many in this country that leads to the question of whether or not the whole juvenile system should be discarded and allow the judicial system of criminal courts to try both children and adults under the same law, with the same rules. Here are a few points that will help elaborate on why eradicating the juvenile system might be considered a bad idea. On most occasions, we'll find that the kids who have committed a crime are as young as 9 and 10. It is an understood and even proven in facts that a child at an age like this, dose not have the...
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...evolution of the juvenile justice system. More specifically, how the system changed, structurally and procedurally. The paper will cover if these changes resulted in a better more efficient juvenile justice system. These changes will be explained by showing how they did or didn’t help the juvenile justice system. The last thing being discussed is whether or not the juvenile justice system still acts in the best interest of the juvenile. The paper will also discuss how the system is or isn’t acting in the best interest of the juveniles. To be able to talk about the evolution of the juvenile justice system, one must start at the beginning. The first juvenile court was created in 1899, in Cook County, Illinois (Bates...
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