The juvenile justice system and the adult justice system share their commonalities and differences. For example, the juvenile justice system makes it the point to rehabilitate instead of punishing juvenile delinquents. However, one must take into consideration that punishment is still a feasible concept within the juvenile system, but it is used prudently as a “last resort.” In instances of punishment for a teenager who is accused of an atrocious crime, he or she may be tried as an adult (Goldstein, 2007). According to Dr. Goldstein (2007) there are some similarities between the two justice systems as he states that “the police, judiciary, and corrections have discretion relative to decision making in both systems.”
For those adults and juveniles that admit guilt there is a system of procedural safeguards to protect their rights. Additionally, other commonalities between the age separated groups include plea bargaining, as well as the right to hearings and appeals. However, when adults are tried for crimes, they are tried in the adult court, while juveniles are tried in the juvenile court. Other differences exist, as Goldstein (2007) further states that “juvenile proceedings are not viewed as criminal,” and that “juvenile records, court hearings, etc. are confidential and not normally accessible; adult records are public.”
Both juveniles and adults have the right to counsel in court proceedings. Nevertheless, juveniles may be represented by court appointed advocates who look out for the juvenile’s “best interest,” as a parent would for his or her child; with right ways to help the child rehabilitate. In the case of adult trials, court appointed advocates may be representing the accused, but the “best interest” lies in reducing or foregoing the sentence, not rehabilitate (Goldstein, 2007). In the cases of both groups, a “traditional” counsel may be hired to represent the individual(s).
While due process is given to all (juveniles and adults alike), juvenile offenders seem to be helped out more than adult offenders. Also, children tried as juveniles cannot be sentenced to adult jails or prisons. There are many debates over these and the other aforementioned practices, with critics and proponents on all issues, but I personally think the system is good and it can only get better with time.
You May Also Find These Documents Helpful
-
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.…
- 2342 Words
- 10 Pages
Powerful Essays -
Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…
- 1936 Words
- 6 Pages
Powerful Essays -
Not too long ago the House of Representatives approved “The Juvenile Crime Control Act of 1997” which would greatly increase the number of juveniles convicted and incarcerated in adult facilities. When I was made aware of this I took it upon myself to research juveniles tried as which in turn caused me to question whether juveniles should be tried as adult. Many claim that the age of the juvenile does not matter, if the child is old enough to do the crime they must do the time. On the contrary, I came to find that not only age but mental development in terms of cognitive development, the development of mental maturity and, formulation of personal identity have a lot to do with how the…
- 1816 Words
- 8 Pages
Powerful Essays -
Several authors address the issues surrounding juveniles who are tried as adults (Hudson, 2009; Mason, Chapman, Chang & Simons, 2003; Nunez, Tang, 2003). Hudson (2009) emphasizes…
- 1525 Words
- 5 Pages
Powerful Essays -
The courtroom workgroup of juvenile court is very similarly composed as one of adult’s court (Neubauer and Fradella, 2014). Inside the juvenile court you can find the prosecutor, the defense attorney and the judge and sometimes judges have the hearing officers as aid (Neubauer and Fradella, 2014). We can see much equality between the courts however the tasks between the adult courts and the juvenile courts are handled differently. As an example the juvenile court members such as the lawyers and judges use the expert advice of professional that are non-lawyers to help assess the family historical background as well as the youth that is being examined in the court (Neubauer and Fradella, 2014). Juvenile courts use professionals such as social workers, psychologist, and counselors since they mostly deal with young adolescents who require such specialist to help them assess their problems and advice on a proper treatment plan rather than simply dropping them to jail with other criminals who would most likely bring the worst of themselves. Each of these individuals has a special and specific task inside the juvenile court all-important and relevant to make the case.…
- 635 Words
- 2 Pages
Satisfactory Essays -
The Impact of Juvenile Inmates’ Perceptions and Facility Characteristics on Victimization in Juvenile Correctional Facilities is written by Aaron Kupchik and R. Bradley Snyder. The significance of the problem the article focuses on is evidence of a third theoretic model in addition to the deprivation and importation theoretic models. The third model combines facility and individual variables that concentrate on the perception of the youth toward the facility’s rules and standards.…
- 876 Words
- 4 Pages
Good Essays -
There are many differences between the juvenile and adult criminal systems but they also share their similarities. While their differences vary depending on the state, the similarities can be said to be our natural born rights. One of the main similarities is the right to an attorney (LaMance, 2013). The defendant has the choice of either choosing a public defender to represent them or to hire a paid attorney. Both courts not only give their defendants the right to cross-examine witnesses but also the privilege against self-incrimination. The prosecution must also provide proof beyond a reasonable…
- 1025 Words
- 5 Pages
Good Essays -
If your son or daughter were killed by a seventeen-year-old, would you be able to accept the fact that the murderer would be walking the streets again in less than a year because the law allows those under eighteen to be tried as juveniles? Forty-four states and Washington, DC, passed several laws between 1992 and 1997 enabling the judiciary to transfer juveniles to the adult court system. Today, murders committed by adults have decreased over 18%, but murders by juveniles have increased 22%. Throughout this paper I am going to explain why many criminologists feel juveniles commit crimes, I am also going to discuss the "Three Strikes and You're Out" laws, the three ways a juvenile can end up in adult court, and why juveniles should be tried as adults. I will also incorporate the views of people who oppose trying juveniles as adults and their reasons for this. If a juvenile is old enough to commit a serious crime, then he or she is old enough to face serious consequences.…
- 2749 Words
- 11 Pages
Good Essays -
“For over one hundred years, laws in the United States have distinguished juveniles who were charged with crimes from adult’s juvenile courts are structures to be less formal than their adult counter parts” (Huma Khan). No matter what the crime the juvenile is still a juvenile and should only be a tried as a juvenile. A juvenile court system allows for teens to be rehabilitated, one example is a boy named Tyheem J. Henery accused of beating another student to death and prosecutors want to try him as an adult. Officers from his detention center say he is model in mate and cab be rehabilitated. This proves that even the nastiest of young criminals are still too young to understand the…
- 455 Words
- 2 Pages
Good Essays -
Trying juveniles has been a topic to the public we hear about in the judustrial system. It contains a lot of arguments which has its pros and cons. Considering being a juvenile delinquent you must commit a crime that is under the age of 18. Prosecutors can charge juveniles as adults when they are suspected of violent offenses or crime. Back in time when this happened, this treatment involved the death penalty. As of today it involves being prosecuted through adult courts and incarcerated in the adult jails and prisons. Addressing this topic is important because society is not aware what happened or what is happening to juveniles being tried as adults. After reading this paper, you will learn different offenses juveniles commit and why it leads to being tried as adults. You will know how the death penalty came in effect, ended, and the different cases that happened between times. I will talk about juveniles being prosecuted through adult courts and the benefit of it. Also juveniles being incarcerated with adults and the risks they face. My intention of writing this paper is to get you to know the research I gained from it, and hoping it interest you to do more research on it too. Do convicting a juvenile as adults helps stop crime.…
- 1368 Words
- 6 Pages
Good Essays -
A juvenile court system was intentionally created and designed to accommodate offenders under a certain age, who committed certain offenses. Consideration of sentencing was based on future recidivism, and possible rehabilitation for proper functionality within society. Yet, the courts do not appear to be separating this judicial process and are sending these young individuals directly to adult criminal courts as a preemptory strike against the potential for future crimes, as well as the protection of society as a whole (Brink, 2004).…
- 4252 Words
- 18 Pages
Powerful Essays -
Our current criminal justice system frequently places juveniles into adult prisons and until just recently had mandatory life sentences for some juvenile crimes. The much divided Supreme Court ruled that mandatory life sentences were unconstitutional and as a result has sparked vigorous debate as many have joined the conversation regarding how juveniles are treated in prison and if our current system is working. Despite the fierce debate, current science and statistics seems to favor one side over the other. The current United States legal system is clearly flawed as alternative systems are superior, the current system adversely affects juveniles and their chance at rehabilitation, and recent findings on juvenile brain…
- 710 Words
- 3 Pages
Good Essays -
For juveniles, they commit an act of delinquency whereas adults commit a crime (Misha, 2006). Differences in background are another way that the two courts can be distinguished. When considering the juvenile case, the courts look at both the student 's academic and family background. In adult courts, these issues are not considered when the adult is on trial (Misha, 2006). Juvenile courts look at rehabilitation efforts for the child who committed the delinquency. Adult courts focus more on the fact that the adult committed a crime and the community in which he or she lives or committed that crime does not approve of that crime and think the individual needs to be punished accordingly (Misha, 2006). Juveniles are not arrested but taken into custody. Adults are simply arrested. Adults are indicted and juveniles have petitions filed against them. Juvenile courts must either agree to a finding or deny the petition. Adults have to enter a plea of guilty, not guilty, or no contest. Juvenile courts have an adjustment made. In adult courts, this is also called plea bargaining (Misha, 2006). Juvenile courts will decide if the child should go to a detention facility or childcare center; adults who are facing due process are either sent to jail or sent back to jail (Misha,…
- 1528 Words
- 7 Pages
Powerful Essays -
If minors do not share the same rights as adults, then the legal system should not treat them as so. When a crime is committed, fair punishment is what every criminal expects when walking into the court room. However, certain journalists have proven that when juveniles commit a crime they are charged as children to a certain extent and that the legal system is quick to call them adults when they commit crimes that warrant adult punishment. The decision on trying children as adults has been an ongoing controversy, although opposing forces may think otherwise, children should not be tried as adults due to their lack of understanding of the crime committed and the consequences that follow.…
- 771 Words
- 4 Pages
Good Essays -
A movement has taken hold of our nation to change the juvenile justice system, and erases any distinction between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws allowing more youths to be tried as adults and scrapping long-time efforts to help rehabilitate delinquent kids and prevent future crimes. The current debate over juvenile crime is being dominated by two voices: Elected officials proposing quick-fix solutions, and a media more intent on reporting violent crimes than successful prevention efforts. Minors should not be tried as adults in our society today. This is obvious through looking at propositions by our government such as proposition 21, statistics on juvenile crime and also from specific cases where minors where sentenced in adult courts. (Cooper 1). It seems to be…
- 1287 Words
- 4 Pages
Powerful Essays