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. According to Kathleen Michon, one of the advantages of trying a juvenile case in criminal courts is that “minors have the right to a jury trial in adult court” [since] most states do not provide a jury trial for juveniles (Michon, 2014, p. 2). Michon also suggests that juveniles will be more apt to receive a “sympathetic jury” (Michon,
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
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.
Should juveniles who have been physically, mentally, and sexually abused be handed adult sentences for retaliating? We need to look at exactly what influences children to commit heinous crimes. Mentally ill patients should be cared for as mentally ill patients, not criminal offenders. The mentally ill need an alternative to the prison system. Justice has evolved a great deal, especially when the death penalty is involved.
What Is The Right Treatment or Punishment? CRJ301: Juvenile Justice Ashley Cusson Professor: Kathleen Minella June 9, 2014 Juvenile delinquency is an ongoing problem in this world and the biggest problem is how we should deal with it. I personally believe that juvenile offenders should be given the option of rehabilitation or treatment for crimes they may commit depending on the crime but other people or even the law in certain states says that punishment is the only way to successfully treat a juvenile offender. Treatment and punishment both have its pros and cons but in the area I live in I believe that treatment would be the best action to take towards juvenile delinquency and throughout this paper I will be able to show why treatment is the most effective way to go. Treatment can not only help a juvenile offender get past the actions that caused him/her to be an offender in the first place but also can help the juvenile from repeating the same mistake again.
Juvenile and Adult Courts: A Comparative Analysis CJA-374 Abstract There are many similarities of which the juvenile justice system and the adult criminal justice system share. As a matter of fact, there was a time at which both systems were combined and all offenders were tried through the same court and served his or her sentence within the same facilities. The reason for change was essential primarily because the separation allowed youth to benefit from tools at which adult court systems did not provide. In current time, similarities are still shared between these two justice systems but there is a separation in age that limits juveniles from drastic punishment. Furthermore, the processes and procedures are fairly different from one another.
Legal Essay The Criminal Justice System has had varying degrees of effectiveness on all matters of Society, one extensive factor being young offenders. Whilst the Criminal Justice System may seem to be easy going on Juveniles, there are certain laws regarding age of responsibility, as at some ages it understandable that they may not be able to comprehend the seriousness of their actions. This can result in them going to court, and as some of these children will be young there are certain courts available to be sent to, such as the Children’s Court, there are also alternatives to attending court. Young Offenders have certain rights as to when they are questioned or arrested, this is covered in the Young Offenders Act 1997 (NSW), also the penalties that the Criminal Justice System may impose on summary or indictable crimes performed will be explored. Assessing the effectiveness of the criminal justice system when dealing with young offenders in relation to the source SMH.
NAME COURSE UNIVERSITY INSTRUCTOR Many are the times when juvenile have committed crimes, and there have always been minor delinquencies. In the last century or so, the constant development of our society and the juvenile cases have made life alternating changes in the minors’ lives and their cases. Juveniles began being tried as adults until it was pronounced unconstitutional to put a minor under a capital punishment. Rather it was declared that they (juveniles) were to be rehabilitated instead of being punished. There are several cases that altered how juveniles’ cases were carried in juvenile courts, but there are three major cases that can be credited with the juvenile justice development .Kent v. United States (1966), In re Gault (1967), and In re Winship (1970) are the three major cases that have been involved in the developments of juvenile justice while the rest of cases have
Juveniles and the Correctional System It’s not the most pleasant thought when we think of a juvenile as “dangerous” Or a “delinquent”, but there are way to many instances for us to consider. For example, the daily news doesn’t hold back when children commit crimes so horrible that there just has to be a justifiable reason for it. The truth is though, in the most recent years, about 1,350 youths under the age of eighteen are arrested for homicide (Clear, 470). Aggravated assault is the most troubling at 57,650 juveniles committing such heinous acts. These incidents remind us that kids are capable of disturbing behavior, no matter what age.
Granted, the procedures that are needed to satisfy due process will vary depending on the circumstances, and subject matter involved; Winship was clearly being evaluated by two different and unequal evidential law standards, violating his due process rights. I agree with the Supreme Court’s decision to change the standard of evidence to what it should have been in the first place—“proof beyond a reasonable doubt.” By this reasoning is why I also agree with the Breed v. Jones finding. Jones was being held to two different standards: juvenile and criminal court standards. If the juvenile court is the juveniles’ equivalent to that of the criminal court, then the rulings should be viewed as having equal merit (not to be confused with equal rulings/sentences). An individual cannot be tried under the same criminal code for the same crime, and juveniles are no