Even though this presumption applies in all Australian criminal jurisdictions, it may be rebutted by proof that the child understood the wrongfulness of the action they have committed. Under Australian law children achieve the age of criminal responsibility when they reach fourteen years of age. This implies that children age fourteen and older are considered to be old enough to commit a criminal act (actus reas) and also criminal intent (mens rea). 2. Explian why young offenders are treated differently in teh criminal justice system: less maturity - less ability to see the difference between right and wrong - more easily influenced by other people - chance to change how a youth views these bad things, while its too late for adults - gives a chance to preserve the inoccence in that child and gives them anoter chance to become a good person - the circumstances in their lives may have a LARGE affect on the bad choices they have made.
From the Cradle to the Courthouse In “Should Juvenile Offenders be tried as Adults,” Laurence Steinberg argues that juveniles think, act, and comprehend mentally on different level than adults. In “Adult Crime, Adult Time,” Linda Collier argues that juveniles are treated well by the American judicial system despite the very violent crimes that some of them commit. Some states believe that criminal acts committed by society’s youth should not be the only factor considered when deciding the punishment for the crime. Recent policy changes have shifted the view of many people. The changes in policies are the laws that govern the treatment of juveniles.
Evaluate the effectiveness of the criminal justice system in dealing with young offenders. Young offenders are those offenders that are between the ages of 10-18 and are considered to be less responsible for their actions than adults. The criminal justice system tries to provide just penalties for juvenile offenders in NSW through mediation processes attempting to achieve rehabilitation and eliminate the chances of recidivism. Juvenile justice is impacted by significant factors such as the age of criminal responsibility, alternatives to court punishing and punishment options. Even though juvenile justice is given a lot of significance and there is an existing juvenile justice system within NSW, it is only partially effective in providing just penalties for juvenile offenders.
As this has occurred, non-legal responses such as rehabilitation and advocacy services have attempted to achieve justice while legal responses lag behind. Overall there is a lack of justice, with high incarceration and recidivism, leaving young people stuck in the system, and the accumulative responses ineffective. Protecting young offenders is essential in achieving justice, and this is reached through doli incapax and the prohibition of releasing children’s names when involved in criminal proceedings. Doli incapax is the presumption that children under 14 are incapable of forming criminal intent (mens rea) under the Children (Criminal Proceedings) Act 1987 (NSW). This legislation coincides with international law obligations from the United Nations’ Convention of the Rights of a Child.
I personally believe that juveniles believe fully that they cannot be punished if they are breaking laws. They do not realize that they are still accountable for their actions, and their actions are accountable by law. The kinds of delinquent behavior that brings youths into juvenile court can be divided into person offenses, such as assault, robbery, rape, and murder or property offenses that include larceny, automobile theft, burglary, trespassing, arson, and vandalism; also public order offenses, such as disorderly conduct, weapons and liquor law violations. There are three basic pathways for a juvenile to be tried in a criminal court: statutory exclusion, prosecutorial discretion, and judicial waiver or transfer. Once a youth is found to be delinquent, the judge can place the youth on formal probation, order the youth to a residential facility, invoke other sanctions such as restitution, fines, or community service, or dismiss the case.
Juvenile Delinquency Jamiela Flournoy CJA/204 November 25, 2013 Chris Cannon Juvenile Delinquency “In its simplest definition, crime is any specific act prohibited by law for which society has provided a formally sanctioned punishment” (Roberts, 2013). Crimes that are considered juvenile are crimes that are also committed by an adult. Crimes such as robbery, murder, rape, larceny, battery, or any other crime that an individual can be tried and convicted for is considered a juvenile crime. They are put into categories of misdemeanors and felonies just as an adult, but dependent upon the age of the child will determine the punishment of the crime. Prior to the development of juvenile courts children were treated and housed with adult offenders.
I am confident in the decision I have declared because the offenders should not have been convicted of this crime simply because there were so many loop holes in which they could have been entrapped especially, during the interview interrogation. After spending fourteen years with one of the offenders losing his life there was no facts really that led towards a factual conviction of them committing this crime. Fourteen years later one of the offenders was release and one dead while being incarcerated. The case was reopened and a new DNA test was conducted including that the strain of hair found on one of the original suspects was found to not be from the victim as originally
Family Dynamics of Delinquency Angela James-Flemister Liberty University Table of Contents Table of Contents 2 Abstract 3 Method 4 Results 4 Discussion 4 References 5 Abstract The Juvenile Justice System in the United States is based on the philosophy that the special status of children requires that they be protected and corrected, not necessarily punished. (Inciardi, Criminal Justice, pg 554). Given this special status, juveniles come to the courts as juvenile delinquents who have in some way violated the laws and/or acted out in such a way that is behaviorally unacceptable as a child. The juveniles are introduced to the system by way of parens patriae, parental neglect, abuse and abandonment will be the
Mr. Governor of the State of Confusion This is a memo on if juvenile sex-offenders Should be treated as adults in the criminal justice system? In many states, youth sex offender statutes require youth to be tried and sentenced in the adult criminal justice system. Research shows the ineffectiveness of these approaches and that youth would be more appropriately served in the juvenile justice system. Here are some key facts about youth sex offenders.
Many believe that because of their age, they wouldn’t fall under any harsh consequences for their illegal act. The truth is, most cases they’re right. Tons of juvenile delinquents get a slap on the wrist for crimes that are in reality, should be adjoined by time in jail. This is a problem that assists in creating a negative sense of security for the insolent youth. When the justice system is lenient, the juvenile get the message that it wouldn’t matter what they did, because the punishment would never be that