The criminal justice system when dealing with young offenders is a controversial issue in the society and the Juvenile Justice System attempt to seek a balance through a combination of both the welfare and the justice model; striving to approach young offenders in the fairest and most suitable manner. In a recent research, the NSW Commission for Children and Young People rate suggests that there are twice more juvenile offenders than adults and are increasing towards 2005 and onwards. The juvenile justice suggests the possible various factors for these offences include: poor parental supervision, drug and alcohol abuse, homelessness, negative peer association, poor personal and social skills, or difficulties in school or employment. The magistrate attempts to generally use the welfare model when dealing with minor crimes such as shoplifting as the causes of crime can relate to different factors such as the young offenders’ social and psychological factors or their state of economy. The criminal justice system has an obligation to protect children and young people from different causes of crime and assists in their rehabilitation from recidivism.
ju Natsaha Fussell ju Juvenile Crime Law is a subcategory of Juvenile Law. Although a type of criminal law, juvenile crime law only deals with under-age individuals, who are treated very differently than adults in criminal law, and usually have their own courts of law. Minors under the age of 18 years, who commit a crime, or otherwise violate established rules and statutes, are identified as juvenile delinquents, juvenile offenders, youthful offenders, or delinquent minors. Laws governing juvenile delinquency are largely enacted and regulated on a state by state basis. 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.
The Need for Harsher Sentencing for Convicted Sex Offenders In our day and age, I honestly believe that convicted sex offenders are not being punished sufficly. First off, the sentencings on some of the crime classifications are atrocious not only to the victims, but also to victims that have yet to go through the situation with their children. Second, not all crimes that are committed are subject to register to the sex offender list. Lastly, not all crimes that are committed are subject to life time monitoring, which in my opinion should be mandatory for if not all, most sexual acted crimes committed. To begin with, some of the sentencing for sex offenses is out of control.
Assessing the effectiveness of the criminal justice system when dealing with young offenders in relation to the source SMH. The Criminal Justice System subjects children to the same criminal law as it does adults. However, they are treated differently as that, there is a certain age at which it is believed to be that the child is too young to cause criminal intent. This age limit in NSW is ten years old. It is believed that at this age the child is unable to possess Mens Rea, this is referred to as Doli Incapax.
According to "Juvenile Court Procedure" (2012), "After committing an offense, juveniles are detained rather than arrested. Next, a petition is drawn up which outlines the jurisdiction authority of the juvenile court over the offense and detained individuals, gives notice for the reason for the court appearance, serves as notice to the minor's family, and also is the official charging document"(para 1). Moreover, juvenile offender cases are heard in family courts unlike adult cases that are heard in criminal court. In response, to all the information I provided, my opinion is that the juvenile process should definitely differ from the adult process. I think that juveniles should not receive a harsh of a process as adults because he or she are still kids themselves.
This allowed judges to have more discretion and created a problem of fairness and equality. These decision makers would look at the young offenders’ characteristics such as race, sex, age, family status, and social class. Since the U.S. Supreme Court has introduced the due process clause into the juvenile justice system, there has been a more retributive approach on punishment and less focus on the delinquent’s rights. With this punitive attitude, there has been a less emphasis on rehabilitation which should allow young offenders to be tried as adults. Under certain circumstances, all states allow juveniles to be transferred to the adult criminal court.
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. Also included in the petty offender category are juveniles who commit petty misdemeanors and juveniles charged with their first or second nonviolent misdemeanor offense, with the exception of certain designated offenses. A juvenile traffic offender is a child who violates traffic laws. In certain cases, depending on the age of the child and the nature of the traffic offense, the matter may be handled exclusively by the adult court rather than the juvenile court. For example, a child 16 years old or older who is alleged to have committed a petty misdemeanor-level traffic offense or a DWI or related nonfelony offense is treated the same as an adult offender.
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. To optimize those services for the kids that can benefit the greatest amount from them, you have to make the hard call…..” Kurt Kumli, supervising deputy district attorney for the Juvenile Division of the Santa Clara County's District Attorney's office in California, makes a valid point when interviewed by PBS on whether Juveniles belong in the adult court system. Juvenile delinquents often need more than the juvenile justice system is prepared to provide. However state and federal jurisdictions have taken a “get tough” approach to juveniles who commit the more serious crimes, such as murder, armed robbery, and drug
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. I believe that the juvenile process should differ from that of the adult process because at the end of the day, a juvenile is still a child and most do not fully understand the severity of their crime. The juvenile courts can ultimately help the subject instead of resulting in
No one wants to convict an innocent man or woman of a crime they didn’t commit, so surely no one wants to convict a juvenile—without knowing. The process of the juvenile court system all depends on the seriousness of the offense/crime and whether the juveniles denies involvement or claims involvement. If the court finds that the juvenile is involved, or the juvenile claims involvement, the court will then decide the juveniles punishment based on best interest for the juvenile. For adults, the goal of the court is to punish the adult if found guilty of committing a crime. Juveniles, however, are much younger and may require a different approach.