“Carry each
“Carry each
The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…
In their paper,Prosecuting Juveniles in Adult Court, Malcolm C. Young and Jenni Gainsborough say that children put in prison are less likely to make it out of prison by the time they are suppose to be released. The two show that children put in prison are, “7.7 times more likely to commit suicide, 5 times more likely to be sexually assaulted, twice as likely to be beaten by staff, 50% more likely to be attacked with a weapon” (6). This means that some parents may…
The adjudication process in which a juvenile is transferred to the adult court system can take place in several ways, according to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Transfer laws vary state to state; however, such transfers fall under three basic categories, the judicial waiver laws, prosecutorial discretion or concurrent laws, and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention, 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges in juvenile or adult court. No hearings that take place with this process ( (OJJDP, 2011). The statutory exclusion law grants adult courts exclusive jurisdiction over classes of cases involving juvenile offenders. This law requires juvenile courts to waive jurisdiction cases that meet specific age/offense or prior record criteria (OJJDP,…
This hearing can also be called a fact-finding hearing. All parties that pertain to the case will be subpoenaed to testify before the judge. Some witnesses may be excluded from the courtroom until they have finished testifying. If you are the victim, you have the right to be present during the entire court preceding. Since there is no jury trials for juveniles, the judge will then make the decision if the juvenile is innocent or guilty. During the adjudication hearing the prosecution and the defense has the right to make opening statements to the judge. It is then the responsibility of the state to prove beyond a reasonable doubt that the juvenile committed the crime. If the judge determines that the juvenile defendant is delinquent, the judge then will set a date for the disposition hearing. In some cases the disposition hearing is held immediately (Clallam County, Washington,…
Prosecutors have to decide whether or not to detain the juveniles and petition the cases being referred and or presented. When a juvenile has been taken into custody an officer may take him or her to a juvenile detention center, which is a facility designed for short term, secure confinement of any juvenile prior to court dispositions and or execution of a court order.(Juvenile Justice pg258). Another step within the Intake stage is qualified right to post bail. This right has been given to juveniles as well as adults that have entered the justice systems by way of referrals and or arrests; although most juveniles are released to the custody of their parents or guardians they do not require or are not afforded the right to bail. The final step of the intake stage is the decision to petition the case, which includes whether or not to dismiss the case and release the juvenile to his or her parents or guardians, handle it informally with informal probation or petition the case for formal intervention by the court. A substantial percentage of the case that are dismissed are usually cases that minor or first time offenses against a juvenile. Cases that are handled informally are usually of a higher percentage of dismissed cases. In most informal cases juveniles usually agree to…
The release of a juvenile is often ordered after a period of time has been served, the juvenile may be released to aftercare or parole. The juvenile is still under supervision of the state and if thereis a violation of aftercare or parole there is a risk of going back the juvenile institution. U.s department of justice.…
Not a day goes by where our national media doesn’t report on stories involving heinous and criminal acts committed by juveniles in the United States. Juvenile delinquency is a fact of life – ranging from minor status offenses to unimaginable acts of violence. When dealing with young offenders, there are always difficult decisions to make concerning appropriate punishments that take both public safety and the needs of the juvenile into account. In response to a recognizable increase in youth crime, getting tough on juvenile delinquency and holding young offenders more accountable has been the national trend in the past two decades (Brinks, 2004). Many argue that removing juveniles from the environment in which their crimes were committed is the most successful deterrent of future negative behavior. But what does secure confinement provide these…
In 1921 the Orleans Parish Juvenile Court came into existence through the Louisiana Constitution. When the Juvenile Court was first established it started with one Judge but with an increase in juvenile crimes, the city chose to increase the number of judges in the courts. As of today there are a total of five judges that handle juvenile cases. Four of the judges primarily deal with adjudication. Adjudication is defined by the act of the court making an order or judgment. The fifth judge deals with family cases as it relates to child abuse and adoption and cases related to Department of Children Family Services (DCFS).…
The juvenile justice system process is rather new. The juvenile justice system really changed between 1966 and 1967; with kent vs United States and in re Gualt. Both added rights to the juvenile justice system that adults get. The evolution of the system sped up after those decisions. With eight very important Supreme Court decisions after 1967 till 2012. Each expanding the juvenile justice system.…
Dispositional Hearing – As stated by the textbook, a dispositional hearing is “the final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child” (Schmalleger 510). Once a juvenile has been found delinquent, the judge will set a dispositional hearing, which is similar to an adult sentencing hearing. Dispositional hearings are used to decide what action the court should take relative to the juvenile. As in adult courts, the judge may order a presentence investigation before making a dispositional decision. Essentially, in a juvenile criminal case, the disposition hearing is the sentencing portion of trial. The purpose of a disposition hearing is to determine the most appropriate form of treatment or custody for juvenile offenders. In addition, juvenile proceedings are separate from regular adult criminal trials. Sentencing for juvenile crimes tends to focus more on rehabilitating the minor rather than punishing him or her. This type of outlook is reflected in the disposition hearing, which sometimes provides the juvenile with treatment, rehabilitation, or training as an alternative for jail time. In addition, if the court finds a juvenile to be a juvenile delinquent, the court shall hold a disposition hearing concerning the appropriate disposition no later than twenty court days after the juvenile delinquency hearing unless the court has ordered further study pursuant to subsection. After the disposition hearing, the court may suspend the findings of juvenile delinquency, place him on probation, or commit him to official detention which may include a term of juvenile delinquent supervision to follow detention. According to the US Legal.com website, dispositional hearings are “hearings held by the juvenile and family court to determine the legal resolution of cases after adjudication. Dispositional hearings may decide questions such as: where the children will live for the…
I. Introduction: Many people would currently be surprised to find that youths being tried by Juvenile Courts are not afforded the basic rights guaranteed to our nation’s citizens by our Constitution. Advocates continue to push for more juvenile rights in the court system but many youths who find themselves in trouble will not be afforded basic rights and the due process of law based on their age. This paper will discuss the evolution of basic rights in the juvenile courts system, the current state of the issue, and suggestions…
Placing a juvenile into a secure facility is not advantageous to the juvenile and has nor proven to be to be beneficial to society either. Statistics show that almost half of the juveniles in custody have not committed a violent crime or one that was against another person (Elrod & Ryder, 1999). Secure facilities resemble prisons where offenders are locked down and kept away from the public, but provide no real systematic approach for helping the juvenile down a path that will lead them to being a successful member of society. Secure facilities also have a growing problem with violence within their walls and escapes attempted. Although the majority of the juveniles who are incarcerated in a facility came in for a non-violent reason, the method…
Solitary confinement is completely detrimental to juveniles, especially on their mental development. Placing juveniles in solitude has been linked to psychological and physical harm on the development of youths incarcerated. According to Elizabeth Rademacher (2016), studies demonstrate that solitary confinement of youth correlates with high rates of suicide, depression, and future criminal activity (p. 1026). The mind of a child continues to maturation until they are about twenty years old and placing a juvenile in prison during these developmental stages will have an adverse effect on them psychologically. In a 2016 study done by the department the Department of (DOJ) address the concern that confinement of juveniles even in the minimal sense will cause the child to develop higher levels of anxiety, depression, and paranoia.…
A description of the process the juvenile will follow after arrest, from intake, through court, sentencing, and punishment or rehabilitation. The process should be based on actual state laws and practices of your state or a state in which you are familiar. I will be using Case study two which is as follows: Xander L. is a 17-year-old African American male and documented gang member. His prior juvenile adjudications include purse snatching, breaking and entering, and drug possession. His first juvenile adjudication occurred when he was 13 years old. He has served a year of custody in the juvenile correctional facility and has been placed on probation twice previously. His instant arrest is for possession of a concealed weapon, to which he has pled guilty.…
Harsh sentences’ have negative impacts on juvenile offenders. Being house with adults makes juveniles easy victims towards physical and sexual abuse. The court recognized that juveniles are immature, preventing them from the death penalty, but has not yet realized that juvenile offenders should not be housed with adult inmates because of the age difference, the adults easily manipulate the juveniles.…