The decisions can be far reaching and may have a significant impact on a juvenile, since their reasoning skills are lacking compared to that of an adult. Pros From a social standpoint, it can be an advantage to society to have such crimes, as example above, tried in criminal adult courts. It doesn’t appear that there was much in the way that the conviction of Lionel Tate served society since he was later released on appeal and given probation, however, he was later found guilty of violating his probation on a robbery charge and sentenced to prison (Aguayo, 2006). In other words, juveniles that commit such heinous crimes should be tried in adult’s court. These types of decisions to try juveniles in adult court serve society in terms of placing these individuals in custody for potential rehabilitation and introduction back into society.
Where specific protections exist for juvenile offenders such as suppression of an offender's name or picture or a closed courtroom where the proceedings are not made public, these protections may be waived. Trial as an adult is a situation when a juvenile offender is tried as if he/she were an adult. Where specific protections exist for juvenile offenders such as suppression of an offender's name or picture or a closed courtroom where the proceedings are not made public, these protections may be waived. There are several differences between juvenile court and criminal court in the United States. One of the most significant differences is the intent of the two systems; the focus of the juvenile justice system is on rehabilitation and future reintegration, while the goal of the criminal justice system is punishment and deterrence of future crime.
They are a few exceptions to this rule, as to when a minor or juvenile maybe charged as an adult. The major difference between juvenile and adult court, is adult court is designed to see if the offender has any criminal responsibility to the crime. Also in adult court, they are tried by a party of their peers and punishment is set forth. Can one really see a minor being tried by their peers? This is the reason why the judge has the major say in juvenile court and proceedings.
Juvenile and Adult Courts The juvenile court system has numerous similarities and differences when compared to adult court. In a civil proceeding juveniles are adjudicated, rarely obtain a criminal record, and have the ability to have their records expunged and sealed once they turn a certain age. Adults on the other hand are charged in a criminal proceeding and carry a criminal record for the remainder of his or her life if they are found guilty. The juvenile court system is conducted in an informal matter and focus more on parens patriae versus due process, records and recordings of proceedings is the decision of the juvenile judge, and the preponderance of the evidence is used in most circumstances other than to determine delinquency where beyond reasonable doubt is implemented. Proceedings for adult courts are formal and the standard of proof is required to determine a guilty verdict beyond a reasonable doubt.
Private prisons might make government prisons more difficult to manage by housing only the best-behaved offenders and refusing the difficult ones Although juvenile courts are part of the state court system, they differ in their goals and in the way they operate. Whereas courts that try adults follow criminal law, juvenile courts follow civil law because the primary goal of juvenile courts is rehabilitation, not punishment. The relationship between state courts and their juvenile counterparts differs from state to state. However, only few states operate completely separate juvenile courts. Most juvenile courts are attached to family courts or trail courts.
The officer has the liability of explaining a juvenile’s rights in a language that is intelligible to a juvenile. Unlike a juvenile, adults however when are arrested, they are immediately read their Miranda rights and taken into custody. Unless declared insane or crazy be the court, the adult is able to understand why they are being arrested. Under the Forth amendment, a person is guarded against unreasonable searches and seizures. In arresting a juvenile, law enforcement officers are not allowed to search a juvenile unless it is beyond a reasonable doubt that they
Monique Gonzales Mancia 11 May 2012 Minors Should Not Be Tried as Adults in Court “In the United States, children are treated as different from adults, except when it comes to criminal law; We see them as in need of protection from the outside world and as insufficiently mature to justify being treated as adults” (Barstow). Children are not allowed to smoke cigarettes, drink alcohol, or even vote until the age of 18 or 21 yet when it comes to criminal law they are looked upon as an adult and prosecuted as adults. Experts from attorneys to Supreme Court justices still wrestle with the issues that appear when discussing this topic. Current policies and procedures seem to create more controversy with each new case of a juvenile tried as an adult. Minors should not be tried as adults in court because they lose the chance at receiving rehabilitation services, the recidivism rate is higher, and the stigma of a criminal past on an adults’ life.
. .” - Judge LaDoris Cordell, Superior Court of Santa Clara County, California As the frequency and the seriousness of juvenile offending increases, our legislature has responded by making it easier for juvenile offenders to be tried as adults in the criminal justice system. This could be more harmful than helpful, as our juveniles get lost in a correctional system filled with hardened criminals, more opportunity to become repeat offenders, and less opportunity for rehabilitation. “If we could take every kid and surround the kid with full-time staffs of psychologists and child advocates and drug and alcohol counselors, then perhaps no kid should be in adult court. But the fact is, there are only a limited number of resources in the juvenile justice system, and they can only perform a limited number of functions.
If a juvenile is charged with a crime, the judge will hear evidence and decide if the juvenile is a delinquent which is called an adjudication hearing. If it is considered that the minor is a delinquent, then the courts will decide what course of action should be taken. This course of action is different in the adult judicial system. For an adult who commits a crime the mission is to punish. In the juvenile system the mission is to rehabilitate and do what is in the minor’s best interest.
Any person needing legal advice should consult his or her own lawyer and should not rely on the information in this memorandum. S:\PUBLIC\LLS\MEMOS\Law Summaries\WHEN A CHILD CAN BE TRIED AS AN ADULT.wpd Reviewed: August 16, 2011 Page 1 of 4 and the juvenile's past history of delinquency. Under Colorado law, the youngest age at which a child may be tried as an adult is 12, if the child is alleged to have committed a class 1 or 2 felony or a crime of violence and the juvenile court transfers the case to the district court. This is discussed in greater detail