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.
According to the Beaverton Police Department (2008), the Beaverton Youth Peer Court is designed to give youths the opportunity to participate in the criminal justice system as well as to provide a cause and affect system for them to understand and accept responsibility for their actions. Beaverton Youth Peer Court is a program designed for youths who have committed crimes of a misdemeanor or violation for the first time and are judged through a court system of their own peers. The court system consists of volunteers from 12 – to – 17 – years of age and is jurors, bailiffs, attorneys and clerks. The deviant stands trial, after admission of guilt to be sentenced by their peers. In effort to make the program a success the Beaverton Police Department, adult volunteers who work in the legal field as well as teen-age volunteers who are interested in working and learning the legal system with hands on experience.
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.
They can release the minor with a verbal warning, issue citation and have the minor or the parents sign a promise to appear in front of a probation officer at the juvenile center or they may transport the minor to a juvenile intake center. Once at a juvenile intake center, they will meet with an intake officer. An intake officer is an individual who receives, reviews, and processes incidents in which a minor has committed an offense. After review, the intake officer can recommend either handling the case informally or scheduling the case for a hearing in juvenile court. In many situations, the intake officer provides recommendations to the juvenile judge as to the form of reprimand the offender should receive.
They also deal with both way offences which can be tried in both magistrates and or crown court. Indictable offences are referred to crown court after the accused appear before the magistrates to confirm their name and charges. Magistrates’ courts also deal with family and youth courts which may include adoptions, maintenance payments and care proceedings. In youth courts the public are not allowed in apart from only those directly involved in the case. 95%of criminal offences are tried and dealt with in magistrates’ court.
A violent juvenile offender has been found guilty of a Part I offense. The distinction between a violent offender and that of a serious offender is that violent offences are against people rather than things. Part I offenses are comprised of various violent crimes. These crimes are murder, non-negligent manslaughter, rape, robbery, aggravated assault, burglary, larceny, arson, and motor vehicle theft. The term violent offender applies to these youths because they have committed one or more of these specific crimes.
Juvenile and Adult Courts: A Comparative Analysis CJA 374 September 1, 2014 Cory Kelly Juvenile and Adult Courts: A Comparative Analysis The juvenile court and adult court are very similar in the United States Court system. The biggest difference between the juvenile court and the adult court is the juvenile court handles offenders under the age of 18, and the adult court handles offenders 18 and older. There are certain situations where a juvenile is handled in an adult court. These case would be determined by the age of the offender, severity of the crime, and the amount of incidences. This paper will give an overview of the juvenile justice system.
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
In some instances, law enforcement is commonly called to trials as key witnesses to testify for the defense or for the prosecution. The information that law enforcement provides can range from evidence that may have retrieved from the crime scene, how that evidence was discovered, and witness that may have been questioned. This information alone can have a huge impact on how a trial may end, and it provides the jury and judge vital information when determining a defendant’s guilt or innocence. (EHow, 2011) Law enforcement basically offers their expert opinions on the crime in question. They may be asked questions by the judge, defense attorneys and prosecutors as to the location of the suspect when they arrived at the scene, if the suspect cooperated or not, and if anything was found on the suspect at the time of arrest and what was found on them.
The child committed a serious crime, and needs to be treated as an adult up to a point. He should be sent to prison but not the same type of prison that an adult is sent to. (Sep 1994). Should a child who rapes, murders or commits armed assault automatically be tried as an adult? Yes but then they need to be placed in a juvenile prison and then if the crime fits, to an adult prison when they reach the age of 18.