Juvenile Rights CRJ 301 Juveniles like adults have a process to go through before they can be charged. Not all states are the same when it comes to processing, but they all have the same outcome. Juveniles like adults need to be punished for their actions regardless of whether it is a mild offense or a serious offense. During the processing there are some organizations that require certain procedure to be done, while in other states it is left up to the courts or the police officer. During an arrest of a juvenile the officer must first decided whether the officer or the general public is in harm’s way.
The judge hears the case and sets forth the punishment. In an adult court, you have jurors and, it is open to the public. The juvenile court system is mainly in charge of offenders under the age of eighteen. The criminal justice system is the combination of all operating and administrative or technical support agencies that perform criminal justice functions which include law enforcement, courts, and corrections (Schmallegar, 2011). The juvenile system is the collection of government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court (Schmallegar, 2011).
In juvenile court a plea bargain hinges on a juvenile's compliance with certain conditions. For example, as part of a plea deal, a juvenile may need to attend counseling, obey curfews, or even attend rehabilitation program. In the adult court a plea bargain hinges on the involved defendant pleading guilty to a lesser charge, or to only one of several charges that they have. Sentencing Hearing exist for juvenile and adult offenders. A sentence hearing is when the judge gives the offender there sentence that they have to
All juveniles referred in Fresno County are processed through the Juvenile Court Intake Unit. The Juvenile Intake Officer is responsible for screening and investigating the referral, determining the method of handling and making referrals to other agencies when appropriate. Roles of a Juvenile Probation Officer this process usually involve not only an Interview with the child, but with the parents, and school personnel. Probation officers can perform any function assigned to him or her by the court. Their most common duties are to supervise offenders placed on supervision, and to investigate offender's personal and criminal history for the Court prior to sentencing.
In the state of New York State a person who commits a crime and is under the age of 16 is sent to the Family Court system. The first type of hearing in the New York juvenile justice system is in the family court, said juvenile is then submitted to a fact finding hearing. If a finding is made the judge schedules a dispositional hearing and the Probation Department is ordered to investigate; then the juvenile’s home is looked into as well as school activity and behavior. The first sign a juvenile delinquent may exhibit is trouble in school, being suspended or acting out. In California from that point the police may get involved if an incident occurs at school or home, the officer can choose to take the youth to juvenile hall.
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.
Under such sentencing, the juvenile court imposes a sentence that blends a juvenile disposition and an adult sentence for certain serious youthful offenders. Only some states in the U.S. follow Juvenile Blended Sentencing. In states that allow their juvenile courts to impose blended sentences, detailed descriptions of procedures, standards, burdens of proof, and threshold offense and minimum age requirements are provided.” (USLegal.com, 2013) As with any new type of endeavor or the new installation of a new law, there will be successes and failures because we are human and we make mistakes. Within the following paragraphs I will discuss examples of successes and failures in the juvenile justice system involving blended juvenile sentencing. Up first we have the
In most juvenile homicide cases, they are automatically put into the adult justice system for committing the adult-like crime. Some of these children are receiving punishments such as life in prison, even life in prison without parole. Although, the kids may have committed the “adult” crime it is unethical for youths to be tried as adults. Youths should not be tried as adults because they are too young to understand the adult criminal court and could receive cruelty from the state penitentiaries. Also, instead of sending the juveniles
The first one is the judicial waiver. A judicial waiver “occurs when a juvenile court judge transfers ca case from juvenile court to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. Next is statutory exclusion which is “provisions in the law to exclude some offenses” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. The final mechanism is concurrent jurisdiction which “allows the prosecutor to file a juvenile case in both juvenile and adult court because the offense and the age of the accused meet certain criteria” http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html. 46 states use the judicial waiver, 29 states use statutory exclusion and 15 states use concurrent jurisdiction.
Although politicians claim that the public demands tough policies, moral panics tend to dissipate when the crisis passes. Many around the country would argue because of more serious crimes committed by adults has fashioned an umbrella on the juvenile system which imposes robust crimes for the juvenile themselves. Now when a juvenile has committed a crime, the next step is the procedures of handling the juvenile physically and mental status. Following the arrest of a juvenile offender, a law enforcement officer has the discretion to release the juvenile to his or her parents, or take the offender to juvenile