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
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Life without parole is the harshest punishment given to juvenile delinquents. Since minors are still developing, it is argued that life without parole is only used as punishment for extenuating circumstances such as felony homicide. The Supreme Court has ruled that it is unconstitutional to give life without parole to juveniles that commit “non-homicide” crimes (Kaiser 2012). In a recent Supreme Court ruling, a 5-4 vote opposed the mandatory sentencing of life without parole for children ages 18
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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
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because the presentence investigation report contained references to his juvenile criminal record which had been automatically expunged pursuant to former records” (Lannen,2010). In People v. Smith in 1991 by the Supreme Court of Michigan. The issue was that a defendant, Ricky Franklin Smith, argued he should be resentenced because of the inclusion of the pre sentence investigation report of his previously expunged juvenile record. The Court of Appeals in Michigan agreed with the defendant and required
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The juvenile justice system was first established in the state of Illinois and has grown substantially since 1899. Once informal and taken as nothing more than a conversation between the juvenile offender and the judge, to replace confinement in adult prisons, the courts created a probationary system- one which would be used for the supervision of minors, education and guidance. Today, the juvenile justice system remains focused on its primary goal, which is to rehabilitate the juvenile offender
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Should people less than eighteen years old (minors/juveniles/adolescents) ever be tried and sentenced as adults? The legislation of trying and sentencing youth criminals under adult justice system has been a hot topic of debate. Supporters of tough laws on insist the need to enforce harsh penalties to uphold justice. The practice of treating youth criminals as adults since the 1990s is a result of the steep rise in youth crimes. However, youth advocates argue that tough laws should not be applied
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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
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shown a rise in criminal crime over the period of 5 years from 2010. But how are juvenile offenders being accounted for in the Justice System? Similar to criminal law the state and territory governments are responsible for dealing with children and young people who are involved in crime. Although each state and territory has its own legislation, policies and practices, the general processes by which young people are charged and sentenced and the types of legal orders available to the courts are similar
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Evolution of the Juvenile System This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend. In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they
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created is because many people believe juveniles deserve a second chance. These programs are generally created by state legislature and signed into law. Most states realize the many juveniles charged with low level offenses, and particularly first time offenders do not need to go through a regular court process. (Diversion Programs) This often saves the court system money and saves the juvenile from starting a criminal record. During the court hearing if juveniles opt to enter the diversion program
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