46 states use the judicial waiver, 29 states use statutory exclusion and 15 states use concurrent jurisdiction. “Nearly every state in the country has been moving greater numbers of juvenile offenders into the criminal court using a variety of mechanisms known collectively as "transfer." When juveniles are "transferred" to adult court, they lose their legal status as minor children and become fully culpable for their behavior. Transfer is often used for juveniles charged with violent crimes, but many youth are transferred for lesser charges” http://www.urban.org/publications/307452.html
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
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
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
The extent to which our legal system is able to adequately provide this is at times, questionable. Arrest and detention, as well as a lack of crime prevention strategies, foster criminogenic behavior, or, future criminal activity. However, diversionary schemes and court proceedings are examples of successful programs, incorporating actions that encourage the rehabilitation of juveniles. This consequently establishes a moderately effective juvenile justice system. It is widely accepted that childhood, adolescence, and young adulthood are pivotal development stages in regards to human behavior.
The officer then may place the juvenile in a detention center or in some cases a foster home (Bartollas & Miller, 2008, p.18). Unlike adults juveniles can be arrested for noncriminal acts that are classified as juvenile offenses. Meaning there are different laws for minors then there are for
It is done in this manner to protect the minor and to protect the public from criminal activity. The juvenile courts are focused on rehabilitation and helping the minor. Criminal courts are used to punish the adult and ensure justice is served. In juvenile court, the state represents the minor and in adult court, the state is trying to prove the adult is guilty of committing the crime he or she is being accused of. Minors in juvenile court are not entitled to trial with a jury of peers as adults are.
2 Juveniles Should Be Tried as Adults in Certain Circumstances Mary Onelia Estudillo Mary Onelia Estudillo has written several articles for The Guardian, the student newspaper of the University of California at San Diego. The juvenile justice system was originally created to provide individualized rehabilitation to offenders of minor crimes such as truancy, shoplifting, and vandalism. But youth today are taking advantage of this lenient and outdated system and are committing violent crimes because they believe they will get off easy. In order to provide justice to victims and their families and to prevent more and more juveniles from committing violent crimes, the United States must hold criminals accountable—regardless of their age—and impose
Juvenile justice module 5 writing Name: Instructor: Task: Date: This chapter has highlighted some of the reasons behind the transfer of juvenile offenders to adult courts. The magnitude of offenses committed by some of the juveniles, for instance, fails to offer them the merit endowed to juveniles whose cases are conducted in juvenile courts. The transfer of such youths is beneficial to themselves as they are in a position to learn about the seriousness of their mistakes, therefore, trying to avoid them since they become aware of the repercussions (Elrod and Ryder 216). Moreover, such an action is beneficial to the society; as these youths do not have the freedom to walk about freely in their communities. Finally, these transfers benefit the system, as it is intricate to handle some cases committed by juveniles, while in juvenile courts.
juveniles act on emotions or wants, without thinking their actions through completely. Oftentimes, juveniles are being influenced by an adult in their life. Courts and judges should look at who made the juvenile the way they are, and the living environment that the juvenile is from. It should not be fair that a 17 year old should be treated differently then an 18 year old, if they are a repeat offender. No matter the crime or the brutality of the crime, they should still know that wont be okay in the real world so why not be made aware from an early