These rights include the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney. Not unlike adult offenders, a juvenile defendant should be able to make a phone call after arrest, have a right to a reasonable bond amount, and the right to be presented in court . At the time of the arrest. The officer has the liability of explaining a juvenile’s rights in a language that is intelligible to a juvenile.
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.
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
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,
Isabel Kelley CRJ Juvenile Offenders Juveniles committing unlawful acts fall into one of the following categories, depending mostly on the nature of the conduct involved: Delinquents, Petty offenders, Juvenile traffic offenders, Juveniles certified to adult court, Extended jurisdiction juveniles and Juveniles age 16 and older accused of first-degree murder. Delinquents is a individuals under the age of 18 who commit acts which would be unlawful if committed by an adult, except for certain designated offenses and all petty offenses. An individual subject to a delinquency hearing is entitled to effective assistance of counsel. Cases involving children under the age of ten who are alleged to have committed an act that would be a crime if committed by an adult are handled as civil CHIPS (children in need of protection or services) hearings. Petty offenders are children who engage in conduct which is unlawful for them but not unlawful for adults, such as violating curfew, drinking, and smoking.
The judge takes many factors into consideration prior to the placement of the youth. The judge must consider the nature of the crime, the juvenile's past criminal history, the juvenile's mental condition and if he or she will attend a treatment program. The judge also considers if the juvenile was difficult to locate and arrest, whether the juvenile is a danger to anyone, and if his or her parent or guardian is willing to take him or her home for his or her care and supervision (Juvenile Justice Bulletin, October 1998). The Thomas O'Farrell Youth Center (TOYC) is an unlocked, staff-secure, residential juvenile program located in Woodstock, Maryland. This program is for male juveniles ages 13-18.
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. There are many different treatment options available for juveniles I believe the decision should be based on the nature of the crime that they committed. A juvenile delinquent crime where I live, which is the state of New Jersey, is considered anyone under the age of 17 that commits a crime. There are many different types of crimes in the United States and outside of the more serious ones such as murder and rape. Smaller crimes by juveniles can be tough to judge because they can be based on so many different factors.
Several different variables focus on leading adolescents into delinquency such as gender differentials, masculinity hypothesis, family function, impact of family disorders, and two parent households. Psychologists believe that differences in the way females and males are socialized affect their development (Siegel & Welsh, 2006). A current explanation for some gender differences relating to delinquency involves “social statusing”. A status offense is most commonly an act or conduct that is declared by statute to be an offense, but only when committed or engaged in by a juvenile and adjudicated in a juvenile court (Status Offense, 2002). Shopping malls and other public places are witness areas to watch both genders be defiant while being daring, adventurousness, and enjoyment of loud, rough, and risky activities.
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.