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.
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. In juvenile court rulings, decisions often take psychosocial factors into account along with current offense severity and the youth’s offense history. In contrast, in criminal proceedings, the severity of the offense and criminal history weigh most heavily in sentencing outcome. Upon release, those who pass through the juvenile justice system receive parole-like surveillance along with reintegration programs, reflecting the belief that juvenile behavior can be changed. Those released from prison receive surveillance which serves to monitor and
In the juvenile system the mission is to rehabilitate and do what is in the minor’s best interest. The journey through the juvenile justice system begins with the
. .” - 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.
2% of all persons executed. Roper vs. Simmons ruled that the death penalty for juveniles is a disporcinate punishment for offenders under the age 18 anf therefore a violation of the 8th amendment against cruel and unuasual punishment...now has come to an end. Approximately 60% of juvenile offenders return to prison within 3 years after their release. Assignment: I think in some cases depending on how serious the crime was or other circumstances then juveniles should be granted right to a jury trial and be treated similar to how adult offenders would be treated in the justice system. I think in some ways its and advantage because it will help place habitual or serious offenders out of the community and into some other placement to get treatment.
Restorative justice comes in a variety of applications such as mediation panels, community service, circles, and so on. The type of program used by the juvenile court will depend on the type of restorative justice program offered in their geographical area. It is important, however, to understand all of the various restorative justice applications because this philosophy is quickly being adapted in jurisdictions across the United States. Disposition is a phase of delinquency proceeding similar to "sentencing" phase of adult trial. The judge must consider alternative, innovative, and individualized sentences rather than imposing standard sentences.
Furthermore, the processes and procedures are fairly different from one another. Juvenile and Adult Courts: A Comparative Analysis Overview of the Juvenile System The juvenile justice system includes a wide-ranging array of networks and integrated services designed to serve the youths that enter the system (Champion, 2003). Even as the age limits are defined by the federal statues and typically include juvenile offenders 7-18 years of age, states determine the systems of adjudication, juvenile diversion, intervention and prevention programs and the conditions thereof (Champion, 2003; DJJ, 2012). Since many of these diversion, intervention and secondary prevention programs and services and the chances to participate in these programs rely upon law enforcement discretionary powers, the agreement of the state attorney, court officials, juvenile probation officers and/or other representative, as well as the type of charge, of the juveniles in question must agree to the terms or enter the adjudication process (DJJ, 2012). While the latter is undesirable for most institutions and entities due to statutory regulations determining which types of labor youth offenders can perform
Trying Juveniles in Adult Courts Jeffrey Bellamy Saint Leo University Introduction to Forensic Psychology Dr. Ann Moriarty May 28, 2014 Abstract The decision to try juvenile offenders in adult criminal court vary from state to state. “A total of 29 (twenty-nine) states have statutes that simply exclude some juvenile-age offenders from the jurisdiction of their courts” (Griffin, Addie, Adams, & Firestine, 2011, p. 6). In other words, most states statutorily exclude juvenile’s charged with a serious felony offense, such as murder, from juvenile criminal court, depending on their age. There are several advantages as well as disadvantages trying child crimes in adult courts. 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.
Most cases are referred by law enforcement but some cases can also be refereed by the school, parents, social services, and victims. When the case is referred to the juvenile court typically an intake officer or in some states a prosecutor will determine whether the case goes further, is dismissed, is diverted to a program or is filed as an adult offense. If the intake officer determines that the case must be sent to the juvenile court it must be submitted as a petition, in which the case is now to be handled by the court. If the case progresses an adjudication hearing will be held which is much like an adult hearing. Once a juvenile is adjudicated delinquent, the judge then choses a disposition which usually is probation but there are other options such as juvenile halls, boot camps, group homes, youth correctional facilities and so on.
The Juvenile Justice System and Rehabilitation Jackie Wolfe April 24, 2011 The juvenile justice system needs to focus on a program that will help reduce juvenile delinquency. The statistics show that rehabilitating a juvenile is far less expensive than to have them rehabilitated instead of incarcerating them. Rehabilitation should be the primary focus of the juvenile justice system; however, punishment should not be abolished altogether. In this paper the subject will be to discuss why it is better for the juvenile justice system to focus on rehabilitation for these juveniles. It will also discuss how focusing on rehabilitation instead of punishment will affect different aspects of society and the criminal justice system.