Juvenile Justice System
. The juvenile justice system is an institution in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. The conflict arises when public expectation of order collides with the right of young people to be on the street. The police have a high level of contact with people under the age of 18. UCR data indicate that juveniles account for about 17% of all arrests and nearly 29% of arrests for Index crimes. When juveniles "hang out" on corners or ride around town, they create citizen conflict, regarding the use of public space. The term juvenile delinquent was established so that young lawbreakers could avoid being classified
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in legal records as criminals. The laws were designed to provide treatment, rather than punishment, for juvenile offenders. The justice system is trying to change the way it deals with the American youth. Juveniles know that much of the law is written for adults therefore abuse the system. Kids are aware that if they are caught shoplifting the punishment for such crime would be a slap on the wrist. Furthermore they know that unless they commit a serious offense such as murder, rape or armed robbery the punishment will be light. The establishment of protective measures for guarding the privacy of youth offenders can be traced back to the separation of juvenile courts from criminal courts in 1899. The first juvenile court was established in Chicago, IL in 1899. (Clapp 1995). It was designed to spare juveniles from harsh proceeding of adult court, conditions of adult jails and penitentiaries, and the label of criminal. That is still the goal of juvenile court today.
In the following pages I will discuss the juvenile court process in South Carolina and how it compares to the adult court process. I will also discuss the benefits and disadvantages of juvenile court from the perspective of a youth offender. I will conclude with my recommendations for the future of the Juvenile Justice system. It is imperative to the future of our world that the community and the juvenile court system come together to make the juvenile justice system effective for juveniles.
Referral to Department of Juvenile Justice (DJJ) The first step in the process of South Carolina juvenile justice is a referral to the Department of Juvenile Justice (DJJ). Juveniles usually enter the juvenile justice system when they are taken into custody by law enforcement or when they are referred to DJJ by a Circuit Solicitor or a school. At this stage a juvenile is usually interviewed by personnel at a DJJ county office. The interview consists of questioning the juvenile about his or her personal life, such as drug or alcohol problems, home life, gang involvement, and a medical evaluation. Law enforcement might also elect to send the juvenile to a South Carolina juvenile detention center, pending a hearing.
After the county office or detention center personnel have interviewed a juvenile, DJJ makes recommendations to the Circuit Solicitor's Office regarding the case. The Solicitor has a number of options available when deciding how to pursue a case. A Solicitor may choose to divert a juvenile to a community program such as:
A drug court or juvenile arbitration program
Require the juvenile to make restitution for the offense.
Sign a "Behavioral Contract" that outlines certain conditions a juvenile must meet.
Enter into a Community Service program.
Solicitors may also choose to proceed with prosecution or to dismiss a case entirely.
All of these programs are designed to give the juvenile an opportunity to go back into society and try again. If a Solicitor chooses to prosecute, the next stage of the process involves the family court. Family court is a court convened to make orders in respect of children. (www.Wikipedia.com). A family court judge has to decide the guilt or innocence of a juvenile and also decides the sentencing of a juvenile. Often a judge will review a DJJ evaluation of the child before making his final ruling. The evaluation involves a psychological, social, and educational test either in the community or at one of the DJJ's evaluation center. This evaluation helps the judge decide how to proceed in the best interest of the child.
A family court judge may fine the juvenile not delinquent or not guilty or adjudicated delinquent or guilt. If found delinquent the juvenile may be put on probation. Probation is defined as "a period of supervised visits with a juvenile in their community." (www.state.sc.us-probation). DJJ probation officers monitor conditions of the probation, as stipulated by the judge. A probation officer may interview a juvenile's parents, school personnel, and others to determine the juvenile's behavior in school and at home. Typical requirements of probation include:
No further offenses
Curfews
Community Service
School attendance
Another option if the juvenile is found delinquent is that they may be given a fixed amount of time in a juvenile detention center or an indeterminate commitment.
Indeterminate commitment is where a juvenile is sentence to a juvenile facility for an undetermined amount of time not to exceed his or her 21st birthday. Upon commitment, a juvenile will be given a time range to serve in the juvenile detention facility. This range is based on the severity of the juvenile offense and his history of previous offenses. These ranges can run anywhere from 1-3 months up to 36-54 months. The judge uses these guidelines and the evaluation of the juvenile's behavior to determine the length of incarceration. The Department of Juvenile Justice may keep a child incarcerated beyond their 21st birthday, depending on their behavior while incarcerated. They may also parole juveniles prior to their minimum guideline for exceptional behavior and progress. A juvenile may also be granted a conditional or unconditional release. A conditional release might involve requiring the juvenile to complete a local aftercare program or a program at a juvenile boot camp.
Referral to South Carolina Department of …show more content…
Corrections The first step in the adult court process is the determination that has a crime has been committed. A determination of a crime may be made in of the following ways: (1) an officer may witness a crime being committee. (2) An individual may witness a crime being committed and report it to the police. (3) An individual may report the he or she has been a victim of a crime. (4) Sometimes, the criminal himself or herself will go to the police and volunteer that he has committed a crime. (Watson & McAninch, 1994). At this point the police department has to determine what kind of offense it is, such as a violation of federal criminal law which is tried in a United States Court or a violation of South Carolina law would be tried in a state or local court. Once probable cause is determined that a person has committed a crime they are arrested. Arrest is defined as taking a person into custody for the purpose of criminal prosecution. (Watson & McAninch, 1994). The next step in adult court proceeding is the pre-trial release. Pre-trial release is a hearing to determine if the offender can release on bail before their trial. The sole purpose of pre-trial release and bail is to ensure that a person shows up for court. Bail, however may be denied if the accused's crime is such that he or she represents a danger to society. Once an offender appears in court, either after they have been released on bail or after they have been detained, the actual court process begins.
This is where the adult court process takes on a completely different angle than juvenile court. An adult offender that commits a crime within the trail jurisdiction of the magistrate will try the case without a jury. Typically these types of cases involve traffic violations or other minor offenses. Usually in these cases the sentence is no more than a $500 fine or 30 days in jail. If however an offender commits a crime that can not be resolved in magistrate court then they proceed to general sessions where they may offer a plea bargain or go to jury trial. In the case of a plea bargain a defendant may plead guilty in exchange for a recommended sentence. If the defendant does not plea they continue on to a jury trial.
The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged
with.
Once the jury has decided the offender's guilt or innocence the judge will give the offender his or her sentence. If the offender is found innocent then they will be release. If the offender is found guilty the following options are available for sentencing:
Impose a fine
Imprisonment
Probation
Restitution
Following the trial and the sentencing the offender has the opportunity to appeal his or her case. The appellate court will then review the case and decided to affirm the original conviction or reverse the judgment of the court. Difference in Adult Court and Juvenile Court
The fact that adult offenders have an option of what type of violation, whether it is a violation of federal criminal law or a violation of South Carolina law is a hug difference between adult offenders and juvenile offenders. Juvenile offenders do not have an option of what type of violation has occurred; all offenders go to family court.
Another different in juvenile court and adult court is pre-trial release. In adult court pre-trial release is secured by bail. In juvenile court there is pre-trial release but it is not based upon bail. It is based upon the juvenile's evaluation. If a juvenile has an evaluation that shows they are a first time offender or an evaluation that shows they made a mistake then they can be released. Pre-trial release in juvenile court is up to the DJJ evaluator.
In adult court offenders are guaranteed a trial by jury if they so choose. In juvenile court proceeds juveniles are not guaranteed this right. They are not guaranteed a jury because (1) they can not get a jury of their peers and (2) the judge makes the decision of the juvenile's guilt or innocence.
The sentencing part of adult court proceedings and juvenile proceeding are similar. In adult court the sentencing options are incarceration, restitution, or probation. The sentencing options in juvenile courts are the same. The difference in the two is incarceration. Adults are reprimanded to adult facilities to serve their full sentence where as juveniles are reprimanded to juvenile facilities until they are 21 years of age.
Benefits and disadvantages of juvenile court
I was going to write about the benefits and disadvantage of juvenile court however while researching for this paper I found a website that offers a video from three juveniles. The juvenile's names are Richard, who is charge with Grand Larceny Auto, Amanda, who is charge with Concealed weapons, Probation violation, Grand Larceny Auto, and assault and Travis, who is charged with Guns in school and Murder. These three teenagers tell their stories of how they ended up in the juvenile justice system. They also explain to those watching why you should not commit crimes and are in the justice system. The title of the video is "Think Twice" South Carolina Department of Juvenile Justice, web site is http://video.google.com/videoplay?docid=6761751892158682508 or http://www.state.sc.us/djj/videos.html.
In conclusion juvenile delinquency is a widespread epidemic that should not be taken lightly. Many steps should be taken by parents, schools, communities and the police force to ensure and end such widespread epidemic. Families must provide support for their children. Parents must show wise methods for dealing with the family problems and conflicts. The parents should show an interest in their children and become involved in their day to day lives. Another factor that might lead to delinquency is a child's peers. It is important that parents watch who their children spend their time with. Parents can instill confidence in their children, because a confident child can hold his/her ground and not give into peer pressure. Parents must provide their children with good ethical and moral principles. Parents must also ensure a safe haven in their homes. It is necessary that schools increase safety, this way children have safe environment where they can focus on learning. It is the job of schools to implement children with skills and knowledge necessary for personal achievement and success. Schools could institute more clubs and after hour activities for further teenage involvement. The police and the local community have to reduce the availability of drugs and weapons. Safer parks and more recreational areas could be placed in areas of high crime. The streets must be made safe. Communities can come together and form healthier environments where juvenile delinquency can be combated. Communities suffering from the affects of alcoholism, unemployment, incarceration, AIDS, or lack of educational opportunities lack the right environment for growing children. If more counseling and rehabilitation centers were available to juveniles, their dependency of delinquency might cease. Mentor programs (Big Brother & Sisters), (G.R.E.A.T.) and (P.A.L.) to name a few can provide a positive influence on children. Most of these programs are headed local police departments all over the country educating students while in school and showing them the proper ways for prevention. The problem of juvenile crime frustrates everybody in the community. We as a community have to come together in order to reduce this serious epidemic.
Reference
Clapp, E.J. (1995). The Chicago Juvenile Court Movement in the 1890's. University of Leicster Retrieved April 22, 2006 from http://www.le.ac.uk/hi/teaching/papers/clapp1.html.
The South Carolina Department of Juvenile Justice Retrieved April 22, 2006 from http://www.state.sc.us/djj/videos.html
Watson, P.S. & McAninch, W.S. (1994). Guide to South Carolina Criminal Law and Procedure. University of South Carolina.
in legal records as criminals. The laws were designed to provide treatment, rather than punishment, for juvenile offenders. The justice system is trying to change the way it deals with the American youth. Juveniles know that much of the law is written for adults therefore abuse the system. Kids are aware that if they are caught shoplifting the punishment for such crime would be a slap on the wrist. Furthermore they know that unless they commit a serious offense such as murder, rape or armed robbery the punishment will be light. The establishment of protective measures for guarding the privacy of youth offenders can be traced back to the separation of juvenile courts from criminal courts in 1899. The first juvenile court was established in Chicago, IL in 1899. (Clapp 1995). It was designed to spare juveniles from harsh proceeding of adult court, conditions of adult jails and penitentiaries, and the label of criminal. That is still the goal of juvenile court today.
In the following pages I will discuss the juvenile court process in South Carolina and how it compares to the adult court process. I will also discuss the benefits and disadvantages of juvenile court from the perspective of a youth offender. I will conclude with my recommendations for the future of the Juvenile Justice system. It is imperative to the future of our world that the community and the juvenile court system come together to make the juvenile justice system effective for juveniles.
Referral to Department of Juvenile Justice (DJJ) The first step in the process of South Carolina juvenile justice is a referral to the Department of Juvenile Justice (DJJ). Juveniles usually enter the juvenile justice system when they are taken into custody by law enforcement or when they are referred to DJJ by a Circuit Solicitor or a school. At this stage a juvenile is usually interviewed by personnel at a DJJ county office. The interview consists of questioning the juvenile about his or her personal life, such as drug or alcohol problems, home life, gang involvement, and a medical evaluation. Law enforcement might also elect to send the juvenile to a South Carolina juvenile detention center, pending a hearing.
After the county office or detention center personnel have interviewed a juvenile, DJJ makes recommendations to the Circuit Solicitor's Office regarding the case. The Solicitor has a number of options available when deciding how to pursue a case. A Solicitor may choose to divert a juvenile to a community program such as:
A drug court or juvenile arbitration program
Require the juvenile to make restitution for the offense.
Sign a "Behavioral Contract" that outlines certain conditions a juvenile must meet.
Enter into a Community Service program.
Solicitors may also choose to proceed with prosecution or to dismiss a case entirely.
All of these programs are designed to give the juvenile an opportunity to go back into society and try again. If a Solicitor chooses to prosecute, the next stage of the process involves the family court. Family court is a court convened to make orders in respect of children. (www.Wikipedia.com). A family court judge has to decide the guilt or innocence of a juvenile and also decides the sentencing of a juvenile. Often a judge will review a DJJ evaluation of the child before making his final ruling. The evaluation involves a psychological, social, and educational test either in the community or at one of the DJJ's evaluation center. This evaluation helps the judge decide how to proceed in the best interest of the child.
A family court judge may fine the juvenile not delinquent or not guilty or adjudicated delinquent or guilt. If found delinquent the juvenile may be put on probation. Probation is defined as "a period of supervised visits with a juvenile in their community." (www.state.sc.us-probation). DJJ probation officers monitor conditions of the probation, as stipulated by the judge. A probation officer may interview a juvenile's parents, school personnel, and others to determine the juvenile's behavior in school and at home. Typical requirements of probation include:
No further offenses
Curfews
Community Service
School attendance
Another option if the juvenile is found delinquent is that they may be given a fixed amount of time in a juvenile detention center or an indeterminate commitment.
Indeterminate commitment is where a juvenile is sentence to a juvenile facility for an undetermined amount of time not to exceed his or her 21st birthday. Upon commitment, a juvenile will be given a time range to serve in the juvenile detention facility. This range is based on the severity of the juvenile offense and his history of previous offenses. These ranges can run anywhere from 1-3 months up to 36-54 months. The judge uses these guidelines and the evaluation of the juvenile's behavior to determine the length of incarceration. The Department of Juvenile Justice may keep a child incarcerated beyond their 21st birthday, depending on their behavior while incarcerated. They may also parole juveniles prior to their minimum guideline for exceptional behavior and progress. A juvenile may also be granted a conditional or unconditional release. A conditional release might involve requiring the juvenile to complete a local aftercare program or a program at a juvenile boot camp.
Referral to South Carolina Department of …show more content…
Corrections The first step in the adult court process is the determination that has a crime has been committed. A determination of a crime may be made in of the following ways: (1) an officer may witness a crime being committee. (2) An individual may witness a crime being committed and report it to the police. (3) An individual may report the he or she has been a victim of a crime. (4) Sometimes, the criminal himself or herself will go to the police and volunteer that he has committed a crime. (Watson & McAninch, 1994). At this point the police department has to determine what kind of offense it is, such as a violation of federal criminal law which is tried in a United States Court or a violation of South Carolina law would be tried in a state or local court. Once probable cause is determined that a person has committed a crime they are arrested. Arrest is defined as taking a person into custody for the purpose of criminal prosecution. (Watson & McAninch, 1994). The next step in adult court proceeding is the pre-trial release. Pre-trial release is a hearing to determine if the offender can release on bail before their trial. The sole purpose of pre-trial release and bail is to ensure that a person shows up for court. Bail, however may be denied if the accused's crime is such that he or she represents a danger to society. Once an offender appears in court, either after they have been released on bail or after they have been detained, the actual court process begins.
This is where the adult court process takes on a completely different angle than juvenile court. An adult offender that commits a crime within the trail jurisdiction of the magistrate will try the case without a jury. Typically these types of cases involve traffic violations or other minor offenses. Usually in these cases the sentence is no more than a $500 fine or 30 days in jail. If however an offender commits a crime that can not be resolved in magistrate court then they proceed to general sessions where they may offer a plea bargain or go to jury trial. In the case of a plea bargain a defendant may plead guilty in exchange for a recommended sentence. If the defendant does not plea they continue on to a jury trial.
The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged
with.
Once the jury has decided the offender's guilt or innocence the judge will give the offender his or her sentence. If the offender is found innocent then they will be release. If the offender is found guilty the following options are available for sentencing:
Impose a fine
Imprisonment
Probation
Restitution
Following the trial and the sentencing the offender has the opportunity to appeal his or her case. The appellate court will then review the case and decided to affirm the original conviction or reverse the judgment of the court. Difference in Adult Court and Juvenile Court
The fact that adult offenders have an option of what type of violation, whether it is a violation of federal criminal law or a violation of South Carolina law is a hug difference between adult offenders and juvenile offenders. Juvenile offenders do not have an option of what type of violation has occurred; all offenders go to family court.
Another different in juvenile court and adult court is pre-trial release. In adult court pre-trial release is secured by bail. In juvenile court there is pre-trial release but it is not based upon bail. It is based upon the juvenile's evaluation. If a juvenile has an evaluation that shows they are a first time offender or an evaluation that shows they made a mistake then they can be released. Pre-trial release in juvenile court is up to the DJJ evaluator.
In adult court offenders are guaranteed a trial by jury if they so choose. In juvenile court proceeds juveniles are not guaranteed this right. They are not guaranteed a jury because (1) they can not get a jury of their peers and (2) the judge makes the decision of the juvenile's guilt or innocence.
The sentencing part of adult court proceedings and juvenile proceeding are similar. In adult court the sentencing options are incarceration, restitution, or probation. The sentencing options in juvenile courts are the same. The difference in the two is incarceration. Adults are reprimanded to adult facilities to serve their full sentence where as juveniles are reprimanded to juvenile facilities until they are 21 years of age.
Benefits and disadvantages of juvenile court
I was going to write about the benefits and disadvantage of juvenile court however while researching for this paper I found a website that offers a video from three juveniles. The juvenile's names are Richard, who is charge with Grand Larceny Auto, Amanda, who is charge with Concealed weapons, Probation violation, Grand Larceny Auto, and assault and Travis, who is charged with Guns in school and Murder. These three teenagers tell their stories of how they ended up in the juvenile justice system. They also explain to those watching why you should not commit crimes and are in the justice system. The title of the video is "Think Twice" South Carolina Department of Juvenile Justice, web site is http://video.google.com/videoplay?docid=6761751892158682508 or http://www.state.sc.us/djj/videos.html.
In conclusion juvenile delinquency is a widespread epidemic that should not be taken lightly. Many steps should be taken by parents, schools, communities and the police force to ensure and end such widespread epidemic. Families must provide support for their children. Parents must show wise methods for dealing with the family problems and conflicts. The parents should show an interest in their children and become involved in their day to day lives. Another factor that might lead to delinquency is a child's peers. It is important that parents watch who their children spend their time with. Parents can instill confidence in their children, because a confident child can hold his/her ground and not give into peer pressure. Parents must provide their children with good ethical and moral principles. Parents must also ensure a safe haven in their homes. It is necessary that schools increase safety, this way children have safe environment where they can focus on learning. It is the job of schools to implement children with skills and knowledge necessary for personal achievement and success. Schools could institute more clubs and after hour activities for further teenage involvement. The police and the local community have to reduce the availability of drugs and weapons. Safer parks and more recreational areas could be placed in areas of high crime. The streets must be made safe. Communities can come together and form healthier environments where juvenile delinquency can be combated. Communities suffering from the affects of alcoholism, unemployment, incarceration, AIDS, or lack of educational opportunities lack the right environment for growing children. If more counseling and rehabilitation centers were available to juveniles, their dependency of delinquency might cease. Mentor programs (Big Brother & Sisters), (G.R.E.A.T.) and (P.A.L.) to name a few can provide a positive influence on children. Most of these programs are headed local police departments all over the country educating students while in school and showing them the proper ways for prevention. The problem of juvenile crime frustrates everybody in the community. We as a community have to come together in order to reduce this serious epidemic.
Reference
Clapp, E.J. (1995). The Chicago Juvenile Court Movement in the 1890's. University of Leicster Retrieved April 22, 2006 from http://www.le.ac.uk/hi/teaching/papers/clapp1.html.
The South Carolina Department of Juvenile Justice Retrieved April 22, 2006 from http://www.state.sc.us/djj/videos.html
Watson, P.S. & McAninch, W.S. (1994). Guide to South Carolina Criminal Law and Procedure. University of South Carolina.