...There are many significant differences between the juvenile and adult Justice systems. There has been speculation that the leniency found within the juvenile courts is not always the best option for all cases. In the juvenile courts, rehabilitation of the individual is the primary focus. Within the adult courts due process and retribution are considered more so than the latter. One of the main differences in the juvenile and adult courts is the terminology which is used. For juveniles who are brought into court, the terminology refers to the situation as an "act of delinquency". In the adult court the term "crime" is used. Another difference is the way in which the juvenile offender's background is taken into consideration. For instance, the juvenile's academic record and family background are taken into consideration for the case. This is not always true in the case of the adult offender . The juvenile courts tend to focus on the individualized rehabilitation of the offender. The adult courts tend to focus on the "expression of the community's disapproval for the illegal behavior with an appropriate amount of punishment for every conviction. The next stage is even more complex pertaining to the juvenile. Juvenile offenders are not arrested like an adult; they are instead taken into custody. While an adult would be indicted the juvenile has a petition filed against them. In the juvenile court they agree to a finding or deny the petition. Adult offenders must plea, either guilty...
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...|Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in...
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...Lanier 06/13/2013 Juvenile justice in Virginia is based on the Juvenile Justice and Delinquency Prevention Act, which was passed in 1974 by US Congress. It stated that all states should provide the best rehabilitation for people who are too young to bear criminal responsibility for their actions (US Dept. of Justice, 1974). The Virginia Department of Juvenile Justice has a set values statement, which determines the attitude to juveniles in criminal justice and respectful treatment provided by law enforcement officers to them. Juveniles in criminal justice are Virginia are treated as a specific group and have extended rights compared to adult offenders. Juveniles have their correctional centers and detention facilities, but the maximum sentence there cannot be too long because Virginia has not enough bed spaces to detain all juveniles who have problems with the law. The values of knowledge, respect and effective communication are realized in addressing juvenile cases in the court. Juvenile court is represented by Juvenile and Domestic Relations District courts in Virginia. However, there are certain cases when juvenile offenders can be tried in criminal court. According to Powers (2009), previously juvenile cases were heard in juvenile courts only. It was extremely difficult to transfer the case of juvenile offender (even the most violent) to the adult court. The latest US tendencies show that all...
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...Margie P. Permenter CJ 606: The Transferring of Juvenile Offenders Commentary Three Dr. Yaschica Williams The most serious juvenile crimes have always been the political Achilles’ heel of the American juvenile court Fagan & Zimring (2000). Even when public opinion is tolerant of juvenile delinquency, the teen killer is the nightmare case for the juvenile justice system. In an age where the phrase juvenile super predator is often heard in the federal congress and state legislatures, the deep-end adolescent offender is a particular threat to public acceptance of the mission and objectives of juvenile justice. It is little wonder, then, that legislation concerning transfer is a near-universal feature of the politics of juvenile justice. The traditionally stated purpose of judicial wavier is to permit individualization of the decision whether a particular person is capable of being rehabilitated in the juvenile system-the amenability decision Fagan & Zimring (2000). In addition, the judicial wavier procedure provides a safety value for the juvenile system to exclude children who commit offenses that are believed to require the imposition of sanction that are beyond the capacity of the juvenile system to provide. Some form of judicial wavier or a substitute safety value is necessary in order to preserve the juvenile justice system politically within the context of modern penological expectations. It is difficult empirically to evaluate the contemporary role of judicial...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...Introduction The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the principal federal program through which the federal government sets standards for juvenile justice systems at the state and local levels. It provides direct funding for states, research, training, and technical assistance, and evaluation. The JJDPA was originally enacted in 1974 and even though the JJDPA has been revised several times over the past 30 years, its basic composition has remained the same. Since the act was passed in 1974, the JJDPA focused solitary on preventing juvenile delinquency and on rehabilitating juvenile offenders. Since the original enactment of the JJDPA in 1974, the periodic reauthorizations have been controversial, as the Act's opponents have sought to weaken its protections for youth, reduce prevention resources, and encourage the transfer of youth to the adult criminal justice system. The Juvenile Justice and Delinquency Prevention Act follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are, the Deinstitutionalization of Status Offenders (DSO), Sight and Sound separation, Jail Removal, and Disproportionate Minority Confinement (DMC). The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide...
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...Juvenile Offenders with Mental Health Issues Adolescence is a critical time of development. During this period there are significant changes in brain development, emotions, cognition, behavior, and personal relationships. It is during this time that most major mental health disorders appear, many of which carry over into adulthood. Behavior patterns such as substance abuse also often develop during this time and may continue throughout adulthood. Many adolescents struggling with mental health issues begin to exhibit symptoms such as acting out at home or in school, showing a decreased interest in activities that they previously enjoyed, or bringing home poor grades. Others ultimately are charged with offenses ranging from status offenses for things such as skipping school, to misdemeanor offenses such as burglary or possession of a controlled substance, or even more serious charges. In Iowa, adolescents exhibiting behavioral issues become involved in the Juvenile Court system, which seems overwhelmed with the volume of cases to be heard, and does little to address the mental health needs of its clients. This paper will discuss the federal legislation developed to protect youth in the juvenile and criminal justice system and address delinquent behavior, the volume and types of offenders, the limitations of the current Juvenile Justice System, and proposed modifications to the organizational structure of the system. Status offenders are juveniles charged with an offense...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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...Juvenile Crime Statistics Juvenile Crime statistics Paper Juvenile delinquent actions identify an individual’s participation or involvement with an illegal act deemed to be an infraction of implemented Federal, state, or municipal law. An individual under the-age-of 18 who commits an illegal act represents the categorical identification group classified under the term “Juvenile offender”. Juvenile delinquency has increased within the past 50 years. As a result of the extensive increase statistical information supporting juvenile delinquent offenses are compiled to display extensive increases and declines pertaining to delinquency within America. The overall decrease in juvenile arrests, increase in juvenile narcotics offenses, and simple assaults will be identified, dissected, and examined. The implications for juvenile female and minorities will also be thoroughly examined along with an assessment highlighting the tracking of juvenile arrests as a method of measuring the amount of, and trends within juvenile offenses. Overall Decrease: Juvenile Arrests The overall decrease in juvenile detainment for violent juvenile offenses within 2008 decreased in comparison to the statistical information projecting violent juvenile actions within the 1990s. Juvenile delinquency supporting violent offenses extensively increased throughout the 1990s within Northern America most likely as a result of the increase in gang membership...
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...Juvenile Crime Issues CJS 200 February 12, 2012 Juvenile Crime Issues Children and young adults today are exposed to media shows and movies that affect them. Many have broken homes, face poverty and have other problems in school that affect them and can cause them to do wrong things. The arrest rates for juvenile males are 70%, and 30% for females. Anyone under the age of 18 is considered a juvenile. There are six categories of children in the juvenile justice system. The delinquent children are those who violate the criminal law. The undisciplined children are beyond parental control. The dependent children have no parents or guardians. The neglected children are those who do not receive proper care from parents or guardians. The abused children are those who suffer abuse at the hands of their parents or guardians (Criminal Justice Today, p.547). The status offender is a special category that embraces children who violate laws written only for them and they need supervision. This includes truancy, vagrancy, running away from home and incorrigibility. (Schmalleger, p. 547) Eight states have set a minimum age at which they are considered delinquent. Eight of them have the age as 10, Arizona s age is 8, three states is 7, and North Carolina has set the age as 6 to be delinquent(Fonseca, Associated Press, December 13, 2008, Used permission copyright laws) The officers today read their Miranda rights to juveniles before they ask any questions According to our...
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...|[pic] |SYLLABUS | | |College of Criminal Justice and Security | | |CJA/374 Version 3 | | |Juvenile Justice Systems and Processes | Copyright © 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This course is a general orientation to the field of juvenile justice, including causation theories and the development of system responses to delinquent behavior. The problems facing juveniles today are addressed, and adult and juvenile justice systems are compared, including initial apprehension, referral, and preventive techniques. Specific issues examined include chemical dependency, mental illness, and compulsive and habitual offenders. Special attention is given to the problems inherent in the police handling of juveniles and the function of juvenile courts. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student...
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...Juvenile delinquent actions identify an individual’s participation or involvement with an illegal act considered to be an infringement of implemented federal, state, or municipal law. An individual under the-age-of 18 who commits an illegal act represents the categorical identification group classified under the term “Juvenile offender”. Juvenile delinquency has increased within the past 50 years. As a result of the extensive increase statistical information supporting juvenile delinquent offenses are assembled to display extensive increases and declines pertaining to delinquency within America. The overall decrease in juvenile arrests, increase in juvenile narcotics offenses, and simple assaults will be identified, divided, and examined. The implications for juvenile female and minorities will also be thoroughly examined along with an assessment highlighting the tracking of juvenile arrests as a method of measuring the amount of, and trends within juvenile offenses. The overall decrease in juvenile detainment for violent juvenile offenses within 2008 decreased in comparison to the statistical information projecting violent juvenile actions within the 1990s. Juvenile delinquency supporting violent offenses extensively increased throughout the 1990s within Northern America most likely as a result of the increase in gang membership, extensive narcotics trade, and the introduction of crack cocaine within the late 1980s. In 2008 “Juveniles accounted for 16% of all violent crime...
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... Miya Boston CRJ301: Juvenile Justice Professor Jodi Levit February 27, 2010 Juvenile’s Rights The purpose of the United States juvenile justice system is to protect society more effectively by not just punishing children who commit crimes but attempting to rehabilitate them. The criminal justice system is here for us so that criminals are taken off the streets and to protect and keep us citizens safe as best as they can. Although it may seem hard to keep the nation safe, take criminals off the streets, as well as keep in mind that we all have rights, but that is what the criminal justice system is all about. Juveniles have rights at their time of arrest, as well as special adults, but juvenile’s right differing from adults. These rights include all of the Constitutional rights in the form of a Miranda warning (Wallace, & Roberson, 2008). In this essay, you will learn the rights of a juvenile during his or her arrests as well as the difference between a juvenile arrest and an adult arrest. Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney (Wallace, & Roberson, 2008). The laws of arrest that apply to adult offenders also apply to juveniles but with a little more simulations. Police officers know to temporarily detain juveniles to issue citations or criminal charges investigative purposes. Juveniles that are in any danger, meaning...
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...The Racial Disparities and Incarceration of Juvenile Delinquents Mario M. Tate University of Memphis Abstract The criminal justice system has had to enact harsher treatment due to the erratic and unpredictable nature of juvenile delinquents who refuse to follow the law. The age ranges for juveniles that are being considered in this study are 12-18 years old. I want to address the ever growing problems of racial disparity and incarceration of juvenile delinquents, who tend to not have any other options, but being arrested and are preyed upon because of their racial make-up. Single parent households, lack of education, supervision, and economics are some of the contributing factors which have lead many juveniles down the road to their deviant behavior. Data has been collected to try and understand the reasons for the defiant behavior of juveniles, so advocates may assist them in remaining with their families; through constant monitoring and evaluations of behavior and actions of our children they may stand a significant chance of growing up to be prosperous and productive adults. Also increased funding through the Juvenile Justice Prevention Act will help local state and county municipalities’ kick-start programs to assist today’s youth. Keywords: juvenile delinquents, incarceration, racial disparity, juvenile justice, racial discrimination, jail, juvenile courts The history of juvenile delinquency and racial disparity has gone hand in hand for a very long time and...
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...between Juvenile and Criminal Justice System David E. Foster Kaplan College – Las Vegas Campus CJ 150 Professor Laura Fletcher December 5, 2013 Difference between Juvenile and Criminal Justice System How would it feel if our children were being treated like adults in the criminal justice system; getting sentenced for life without parole, or maybe have your child sentenced to death as a teenager. Well thanks to our juvenile justice system they discipline adolescent different than adult, the system is design to solely handle children’s matters. The juvenile court system is a dedicated court, for an adolescent which is intended to encourage rehabilitation for youth in a structure of procedural due process whereas the criminal justice system is designed to punish adults who choose not to obey the laws. It has concern for acting in the best interest of the child and the greatest interest of public safety. A juvenile court judge has to be elected or appointed to be in charge of juvenile cases and his or her decision can only be reviewed by another judge but from a higher court. Some of his duties might consist of making a decision if the juvenile should stay in detention prior to trail or release them to their parents; also the judge handles all waiver proceedings meaning if the crime committed is that serious where the judge thinks the juvenile should be treated like an adult, then he can give them a waiver into the adult justice system. As for the juvenile court...
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