When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. In the past we tried all criminals as adults. There was no distinction made between adult and child. Over the years we have come to realize the need to separate these two groups, as they are two distinctly different populations with very different physical and psychological needs. The separation of adult and juvenile courts finally allowed us to make separate and distinct rules for each population. Now it seems like once again the lines between the two populations are becoming blurred. With juveniles committing more and more serious and violent crimes and being sentenced and tried in adult courts it becomes difficult again for us to distinguish between these two populations. Through the course of this paper I will compare and contrast the two court systems from the process of arrest and trial to sentencing and attempt to rehabilitate. The separation between adult and juvenile begins at the time of arrest. At the time of arrest, police must make a decision whether to release the juvenile offender or make a referral to the juvenile court. "Cases involving serious crimes against property or persons are often referred to court. Less serious cases, such as disputes between juveniles, petty shoplifting, runaways, and assaults of minors, are often diverted from court action" (Siegel 401). In most states the policies and procedures of arrest are the same for both adults and juveniles. However, police generally have more authority to control youthful behavior than adult behavior. This broadened authority allows the police to act "in place of the parent" and place the juvenile into a protective form of custody rather than a punitive form of detention. Once arrested, juveniles
Cited: Gregory K.. Brown University Child & Adolescent Behavior Letter, Oct2007, Vol. 23 Issue 10, p8-8, 1p; Holmqvist, Rolf; Hill, Teci; Lang, Annicka. Child & Youth Care Forum, Aug2007, Vol. 36 Issue 4, p163-178, 16p, 6 charts, 4 diagrams Kupchik, Aaron. JQ: Justice Quarterly, Jun2007, Vol. 24 Issue 2, p247-270, 24p, 7 charts. Siegel, Larry (2006) Juvenile Delinquency, Thomas Learning Inc., CA Sullivan, Melonie B.; Hopkins, Edward. Corrections Today, Jun2006, Vol. 68 Issue 3, p78-80, 3p