The Due Process Model of Juvenile Justice Juvenile Justice CRJ180008VA016-1118-001 Assignment 1 10/16/2011 Abstract For decades, the juvenile justice system experienced criticism from the general public, scholars and the judicial system. These criticisms stemmed from the inability of the juvenile system to fulfill its intended mission of rehabilitating juveniles. There were many abuses of discretion, which led the U.S. Supreme Court to eventually conclude that juveniles received the “worst of both worlds” In other words, the child received neither fair treatment in the courts nor rehabilitation in the juvenile correctional system. The due process changes in the juvenile justice system in 1960’s-1980’s moved
The officer then may place the juvenile in a detention center or in some cases a foster home (Bartollas & Miller, 2008, p.18). Unlike adults juveniles can be arrested for noncriminal acts that are classified as juvenile offenses. Meaning there are different laws for minors then there are for
The first one is the judicial waiver. A judicial waiver “occurs when a juvenile court judge transfers ca case from juvenile court to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. Next is statutory exclusion which is “provisions in the law to exclude some offenses” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. The final mechanism is concurrent jurisdiction which “allows the prosecutor to file a juvenile case in both juvenile and adult court because the offense and the age of the accused meet certain criteria” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. 46 states use the judicial waiver, 29 states use statutory exclusion and 15 states use concurrent jurisdiction.
Glanced At Life should be valued because we only get to live it once. However, what we do with our lives is at our own discretion. Many people in their youth decide to live a life of misdeeds and become juvenile criminals. North America does have a Juvenile Justice Department, but some of these young offenders are waivered into the adults’ courts where juveniles can be subjected to any punishment available. In most juvenile homicide cases, they are automatically put into the adult justice system for committing the adult-like crime.
How did the Youth Justice and Criminal Evidence Act 1999 change the sentencing process for young people? The 1999 Criminal Evidence Act was introduced for the following reasons; to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.’ [27th July 1999] The Act is about improving the effectiveness of the youth court and preventing offending by children and young people. This is now the principal aim of the youth justice system. Changes to the Youth Justice and Criminal Evidence Act gave further reforms to the youth court, these changes created a new sentence of referral to a youth offender panel, known as a Referral Order. A Referral Order will be available for young people convicted for the first time and its primary aim is to prevent re-offending.
The facts clearly indicate that juveniles are incapable of holding their own in a counsel defense due to their lack of knowledge on how to navigate the judicial process. It cannot be denied that the developmental, social, and historical circumstances of adolescents show that their capabilities to work with their defense counsel and comprehend long-term consequences are limited. In addition, those who are incarcerated in adult prison facilities reenter society with more criminal-like features than before they were imprisoned and are more likely to be rearrested for yet another felony mainly because they were not offered rehabilitation during their crucial developmental adolescent years. Juvenile justice should be focused on rehabilitation and reform of character rather than condemning those who are convicted to a life of
Prior to the 17th century, for instance, children were seen as being different from adults only in their size, therefore, they were expected to behave just as adults would. Young people were perceived as being miniature adults and, therefore, subject to the same punishments as offenders who were older. Childhood was considered to end at about age five. It was not until the 17th century that European church and community started to believe that younger people were weak and innocent and in need of guidance, and protection. Consequently, childhood was prolonged, education became a priority, and societal norms emerged specifying age-appropriate behavior.
Although the current juvenile justice system in many states now closely resembles the adult criminal justice system; they remain two separate systems of justice founded on different philosophies. Generally speaking, while the adult criminal justice system emphasizes the punishment of criminals; the juvenile justice system is based on the rehabilitation of juvenile offenders. In the early twentieth century the progressives began to perceive children in a new manner. Industrialization and modernization led to the view that children were “corruptible innocents whose upbringing required greater structure than had previously been regarded as prerequisite to adulthood.” Social scientists reported that because children are not fully developed they are not accountable for their actions in the same way as adults are accountable. Criminal behavior by children resulted from external forces such as impoverished living conditions or parental neglect.
The doctrine of parens patriae allows the state to essentially act as parent to a youth by legislation, for the purpose of maintenance, custody, care and protection of the children within the state. Most states have enacted a juvenile code. They determine the rules in taking a minor into custody, how the juvenile may be questioned, restitution orders, conditions of supervision and more. The juvenile is considered to be a resident of the state where the person who has legal custody of the minor resides. In several states, some minors are classified as incorrigible or status offenders when they refuse to obey their parents and/or commit acts, which while not considered criminal by adults, are prohibited due to the age of the minor offender.
In the years of 1900-1985 during the 20th century, there were many social and economic conditions that were present in the Caribbean society. These conditions negatively affected the Caribbean. Measures were also implemented to improve such conditions. Some of the various social problems that were present were overpopulation, malnutrition, lack of housing, public utilities, diseases, lack of medical care and transport. Overpopulation or overcrowding occurred in various villages or communities because of the lack of housing and also of the lack of education; people kept having children and with this being a key factor to overpopulation.