Juvenile And Adult Courts: A Comparative Analysis
Juvenile and Adult Courts: A Comparative Analysis Paper
Nancy Vang
CJS/245
April 27, 2015
William O’Neil
Juvenile and Adult Courts: A Comparative Analysis Paper The juvenile court system today resembles the adult court system in many ways. Although they have their similarities the fundamental foundations of each system clearly display two different outcomes. While the adult court looks to punish criminals, the juvenile court system looks to rehabilitate the individual.
Overview of the Juvenile Justice System . The purpose of the juvenile court system was to protect the public by providing a system that responded to delinquent acts committed by juveniles who were maturing into adulthood (Juvenile Law Center, n.d.) In most states delinquency is defined as the charge of a criminal act by a child who is under the age of 18 (Juvenile Law Center, n.d.). The juvenile court system was established in the United States to remove youth offenders to welfare agencies or social services (University of Phoenix, 2013). The states recognized that children who committed …show more content…
crimes should be punished differently than those of adults which led to the establishment of the juvenile court system. Although each of the states has different jurisdictions and juvenile processing methods, there are common characteristics in which each juvenile court system bases their court system on. Common characteristics include the limit of the juvenile age at 18 years old, cases are conducted much more rapidly and the focus is on the offender not the offense. Much has changed since the establishment of the juvenile system. Originally, the defendant did not have the right to legal representation (Juvenile Law Center, n.d.) which was later changed in the case of In re Gault where the ruling set forth that juveniles, if facing commitment to an institution, would have the right to counsel (Criminal Justice Reference Service, 1999). Today’s juvenile justice system still preserves the primary goal of rehabilitation for the juvenile court system. Judges often withdraw different options to meet the safety needs of the public as well as the rehabilitation needs of the juvenile.
Key Differences between Juvenile and Adult Courts
Terminology
Although the juvenile court system has developed over the year and has become more and more like the adult court system, there are still key differences between the two systems. As illustrated in Table 1, the terminology used in both court systems is very different. The main difference between the terminology is the tone and the meaning of the terms. Table 1
Adult Court (Adult) vs. Juvenile Court (Minor) Terminology
Adult
Minor
Bail Hearing
Detention Hearing
Trial
Fact-Finding Hearing
Complaint or Indictment
Petition
Defendant
Respondent
Verdict
Adjudication
Guilty
Delinquent or Involved Note: Adapted from Differences between Juvenile and Adult Court, Just Cause Law Collective, 2007
An adult may get a bail hearing whereas a juvenile gets a detention hearing.
Juveniles are not subject to a public trial but rather a fact-finding hearing in which the judge renders judgment upon the evidence and allegations of the juvenile with no jury present (The Clark County Prosecuting Attorney, n.d.). Instead of receiving an indictment, formal list of charges specified for the individual, the juvenile may receive a petition which the facts of the crime committed by the juvenile is listed. This petition must include the statutes giving the juvenile court jurisdiction a well as the statutes that have been violated by the juvenile (The Clark County Prosecuting Attorney, n.d.). At the end of the trial, the juvenile can be deemed delinquent in which the juvenile is held responsible for the actions of the crime and may be sent to a probation or detention program rather than being sent to prison or
jail.
Differences in Intent When adults are found guilty the courts focus more on punishment. The court may enforce a penalty in order to deter the individual from committing the same act again (Hirby, n.d.). For juveniles, rehabilitation is the main focus for their charge. Juveniles who are found responsible for their criminal activity may be sent to probation or diversionary programs (Hirby, n.d.) These programs may include counseling, community service, or making restitution to individuals who were harmed by the juvenile’s delinquent act (Hirby, n.d.). The core value for these programs is to promote positive attitudes in juveniles who commit criminal acts and to deter them from further crime.
Court Proceedings In court proceedings adults are given the opportunity to be heard in front a jury. Juvenile cases are not presented in front a jury but rather a judge since they do not have the right for trial by jury (WTVI, n.d.). The juvenile court system follows a psychological approach during the hearing of the trial and it takes into account the history of the juvenile in order to meet the needs of the individual (WTVI, n.d.). After examining the facts in the fact-finding hearing the juvenile is not found “guilty” but rather “delinquent” (WTVI, n.d.) Because the nature of the juvenile court system the sentencing can have a wide range of probation and community service programs to residential programs for the juvenile depending on the extent of the crime committed (WTVI, n.d.).
Adjudication to the Adult Court System The reasons for a juvenile to be transferred to the adult court system include: (1) to deter the juvenile from furthering with criminal acts, (2) reduce recidivism among the juveniles who are transferred, and (3) to improve public safety (The American Psychiatric Association, 2005).
Each state has a different waiver process in which a juvenile is transferred into the adult court system. In Maryland, if the juvenile is unable to show the juvenile court judge evidence that the trial is best heard within the juvenile court jurisdiction, a transfer hearing may be put forth (Maryland Office of the Public Defender, 2012). This hearing will examine the age and date of the offense which will determine if the juvenile will be transferred into the adult court system (Maryland Office of the Public Defender, 2012). If the evidence brought forth during the trial hearing prove that the juvenile may proceed to engage in criminal activity or shows a strong threat to the community, the transfer will then be made to the adult court system. The differences and similarities of the juvenile and adult court system keep a balance between rehabilitation and incarceration. Through the juvenile court system, children are offered the chance to rehabilitate and reflect on the criminal activity as they have a greater capacity for change. The juvenile court jurisdiction is vital to keeping the checks and balances of the criminal justice system in line so that the best interests of juveniles are kept at the forefront of trial hearings.
References
Hirby, J. (n.d.). Differences between Juvenile and Adult Justice Systems. The Law
Dictionary. Retrieved from http://thelawdictionary.org/article/difference-between-juvenile-and-adult-justice-systems/
Just Cause Law Collective. (2007). Differences between Juvenile and Adult Court. Retrieved from http://www.lawcollective.org/article.php?id=64
Juvenile Law Center. (n.d.). Youth in the Justice System: An Overview. Retrieved from http://www.jlc.org/news-room/media-resources/youth-justice-system-overview Maryland Office of the Public Defender. (2012). The Transfer Process. Retrieved from http://www.opd.state.md.us/Districts/Dist1/YDUHome/ClientFamilyResources/Transferrocess.aspx National Criminal Justice Reference Service. (1999). 1999 National Report Series: U.S.
Supreme Court Cases that have had an Impact on the Character and Procedures of the Juvenile Justice System. Retrieved from https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
The Clark County Prosecuting Attorney. (n.d.). Juvenile Crime. Retrieved from http://www.clarkprosecutor.org/html/juvenile/juvenile12.htm
University of Phoenix. (2013). The History of Juvenile Justice and Origins of the Juvenile Court
Retrieved from University of Phoenix, CJS245 - Juvenile Justice Systems and Processes website. WTVI. (n.d.). Juvenile Vs. Adult Justice. Retrieved from
http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html
Nancy Vang
CJS/245
April 27, 2015
William O’Neil
Juvenile and Adult Courts: A Comparative Analysis Paper The juvenile court system today resembles the adult court system in many ways. Although they have their similarities the fundamental foundations of each system clearly display two different outcomes. While the adult court looks to punish criminals, the juvenile court system looks to rehabilitate the individual.
Overview of the Juvenile Justice System . The purpose of the juvenile court system was to protect the public by providing a system that responded to delinquent acts committed by juveniles who were maturing into adulthood (Juvenile Law Center, n.d.) In most states delinquency is defined as the charge of a criminal act by a child who is under the age of 18 (Juvenile Law Center, n.d.). The juvenile court system was established in the United States to remove youth offenders to welfare agencies or social services (University of Phoenix, 2013). The states recognized that children who committed …show more content…
crimes should be punished differently than those of adults which led to the establishment of the juvenile court system. Although each of the states has different jurisdictions and juvenile processing methods, there are common characteristics in which each juvenile court system bases their court system on. Common characteristics include the limit of the juvenile age at 18 years old, cases are conducted much more rapidly and the focus is on the offender not the offense. Much has changed since the establishment of the juvenile system. Originally, the defendant did not have the right to legal representation (Juvenile Law Center, n.d.) which was later changed in the case of In re Gault where the ruling set forth that juveniles, if facing commitment to an institution, would have the right to counsel (Criminal Justice Reference Service, 1999). Today’s juvenile justice system still preserves the primary goal of rehabilitation for the juvenile court system. Judges often withdraw different options to meet the safety needs of the public as well as the rehabilitation needs of the juvenile.
Key Differences between Juvenile and Adult Courts
Terminology
Although the juvenile court system has developed over the year and has become more and more like the adult court system, there are still key differences between the two systems. As illustrated in Table 1, the terminology used in both court systems is very different. The main difference between the terminology is the tone and the meaning of the terms. Table 1
Adult Court (Adult) vs. Juvenile Court (Minor) Terminology
Adult
Minor
Bail Hearing
Detention Hearing
Trial
Fact-Finding Hearing
Complaint or Indictment
Petition
Defendant
Respondent
Verdict
Adjudication
Guilty
Delinquent or Involved Note: Adapted from Differences between Juvenile and Adult Court, Just Cause Law Collective, 2007
An adult may get a bail hearing whereas a juvenile gets a detention hearing.
Juveniles are not subject to a public trial but rather a fact-finding hearing in which the judge renders judgment upon the evidence and allegations of the juvenile with no jury present (The Clark County Prosecuting Attorney, n.d.). Instead of receiving an indictment, formal list of charges specified for the individual, the juvenile may receive a petition which the facts of the crime committed by the juvenile is listed. This petition must include the statutes giving the juvenile court jurisdiction a well as the statutes that have been violated by the juvenile (The Clark County Prosecuting Attorney, n.d.). At the end of the trial, the juvenile can be deemed delinquent in which the juvenile is held responsible for the actions of the crime and may be sent to a probation or detention program rather than being sent to prison or
jail.
Differences in Intent When adults are found guilty the courts focus more on punishment. The court may enforce a penalty in order to deter the individual from committing the same act again (Hirby, n.d.). For juveniles, rehabilitation is the main focus for their charge. Juveniles who are found responsible for their criminal activity may be sent to probation or diversionary programs (Hirby, n.d.) These programs may include counseling, community service, or making restitution to individuals who were harmed by the juvenile’s delinquent act (Hirby, n.d.). The core value for these programs is to promote positive attitudes in juveniles who commit criminal acts and to deter them from further crime.
Court Proceedings In court proceedings adults are given the opportunity to be heard in front a jury. Juvenile cases are not presented in front a jury but rather a judge since they do not have the right for trial by jury (WTVI, n.d.). The juvenile court system follows a psychological approach during the hearing of the trial and it takes into account the history of the juvenile in order to meet the needs of the individual (WTVI, n.d.). After examining the facts in the fact-finding hearing the juvenile is not found “guilty” but rather “delinquent” (WTVI, n.d.) Because the nature of the juvenile court system the sentencing can have a wide range of probation and community service programs to residential programs for the juvenile depending on the extent of the crime committed (WTVI, n.d.).
Adjudication to the Adult Court System The reasons for a juvenile to be transferred to the adult court system include: (1) to deter the juvenile from furthering with criminal acts, (2) reduce recidivism among the juveniles who are transferred, and (3) to improve public safety (The American Psychiatric Association, 2005).
Each state has a different waiver process in which a juvenile is transferred into the adult court system. In Maryland, if the juvenile is unable to show the juvenile court judge evidence that the trial is best heard within the juvenile court jurisdiction, a transfer hearing may be put forth (Maryland Office of the Public Defender, 2012). This hearing will examine the age and date of the offense which will determine if the juvenile will be transferred into the adult court system (Maryland Office of the Public Defender, 2012). If the evidence brought forth during the trial hearing prove that the juvenile may proceed to engage in criminal activity or shows a strong threat to the community, the transfer will then be made to the adult court system. The differences and similarities of the juvenile and adult court system keep a balance between rehabilitation and incarceration. Through the juvenile court system, children are offered the chance to rehabilitate and reflect on the criminal activity as they have a greater capacity for change. The juvenile court jurisdiction is vital to keeping the checks and balances of the criminal justice system in line so that the best interests of juveniles are kept at the forefront of trial hearings.
References
Hirby, J. (n.d.). Differences between Juvenile and Adult Justice Systems. The Law
Dictionary. Retrieved from http://thelawdictionary.org/article/difference-between-juvenile-and-adult-justice-systems/
Just Cause Law Collective. (2007). Differences between Juvenile and Adult Court. Retrieved from http://www.lawcollective.org/article.php?id=64
Juvenile Law Center. (n.d.). Youth in the Justice System: An Overview. Retrieved from http://www.jlc.org/news-room/media-resources/youth-justice-system-overview Maryland Office of the Public Defender. (2012). The Transfer Process. Retrieved from http://www.opd.state.md.us/Districts/Dist1/YDUHome/ClientFamilyResources/Transferrocess.aspx National Criminal Justice Reference Service. (1999). 1999 National Report Series: U.S.
Supreme Court Cases that have had an Impact on the Character and Procedures of the Juvenile Justice System. Retrieved from https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
The Clark County Prosecuting Attorney. (n.d.). Juvenile Crime. Retrieved from http://www.clarkprosecutor.org/html/juvenile/juvenile12.htm
University of Phoenix. (2013). The History of Juvenile Justice and Origins of the Juvenile Court
Retrieved from University of Phoenix, CJS245 - Juvenile Justice Systems and Processes website. WTVI. (n.d.). Juvenile Vs. Adult Justice. Retrieved from
http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html