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.
In most murder cases criminals who commit heinous crimes have used the insanity defense in pleading their cases. I’ve heard about a lot of people who have committed unspeakable crimes plead insanity in the preceding court trials. Would you let someone like this hide behind this plea and basically get away with murder? A criminal who was in his right state of mind meaning they knew what they were doing shouldn’t be able to use the insanity defense. In this speech I am going to tell you about the types of insanity defense that are used in court cases, the process that goes into verifying a criminals sanity, and the issues that come about after a plea is entered.
Adjunction helps to define whether child should be judged according to the adult system. Adjudication usually includes presentation of evidences and cross-examination of witnesses (Purpura, 1996). Very often if the evidence is insufficient, the petition may be dismissed. Nevertheless, for a juvenile tried and convicted in adult court, the offender can be sentenced to the Department of Corrections, but can be placed in the Youth Authority through age 24 (LAO, 2007). 2 All in all, adjudication is an important trial stage of the juvenile justice process.
he court system is very complexed and the process is designed to be fair to everyone. Throughout the system there is a juvenile and adult process that one goes through when he or she has committed a crime. Different sentences are enforced on the individual, depending on his or her age. Although, one's age may be considered a juvenile if a gruesome crime is committed then he or she could face the adult process or sentencing. It is very important to know the important aspects between the juvenile and adult process.
Cases of juveniles being abused both physically and sexually as well as the suffering they endure in adult prisons have been rampant in the world today. Luck of proper facilities, information and law enforcement officers being left at their own discretion to decide on where to hold a minor when they are arrested have largely contributed to this problem. The question that everybody asks is how do you handle underage criminals who are a threat to public safety without exposing them to more harm? Statistics show that majority of the victims who commit suicides in jail are underage. As much as jails are meant to correct bad behaviors, there is a loophole when it comes to distinction between juvenile and adult jail.
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.
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.
According to Terry Lenamon, expert Criminal Trial Attorney, the first, and most popular, is the “M’Naghten test.” Lenamon says, “Under M’Naghten, the determining factor is whether or not the defendant was (1) able to understand what he (or she) was doing at the time of the crime due to some “defect of reason or disease of the mind” or, (2) if he (or she) was aware of what they were doing, that he (or she) nevertheless failed to comprehend or understand that what they were doing was wrong” (Lenamon). With that in mind, think about how many inmates have not taken that test and have been wrongly convicted. The American Civil Liberties Union states, “Mental Health America, estimates that five to ten percent of all death row inmates suffer from a severe mental illness.” Furthermore, if these people could get tested, they would realize how many people are legally insane and do not deserve to be in jail, but rather a hospital. Consequently, some of the individuals sitting on death row may
Adult and Juvenile Justice 1 ADULT AND JUVENILE JUSTICE ADULT AND JUVENILE JUSTICE LAPREEA TURNER PROFESSOR RAYMOND KEEFAUVER CJ-150 JUVENILE DELINQUENCY KAPLAN UNIVERSITY APRIL 13, 2012 Adult and Juvenile Justice 2 ADULT AND JUVENILE JUSTICE The justice system for adults and juveniles differ in many ways and may vary dependent on the state in which the crime occurred. Juveniles are prosecuted for committing delinquent acts and not for committing crimes. When the acts of a juvenile are serious, they may be considered as a crime and the minor may be tried in an adult court. Juveniles, unlike adults, do not have the right to a public trial by a jury. 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.