...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, not guilty...
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...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 wavier in the overall context of procedures intended to sort out which cases should be filed and processed in the juvenile system and which in the criminal Fagan & Zimring (2000). While the general accounting office estimated that in most prosecutorial offices, judicial wavier accounted for a higher percentage of juveniles arriving in criminal court than...
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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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...average of 7,500 youth are incarcerated in adult jails. This subject is given little attention by the public, despite the horrific consequences of being tried in an adult criminal justice system and incarceration in an adult jail. Youth who are placed in adult jails are at a greater risk of physical and sexual assault. I believe juveniles under the age of 18 should not be treated as adult criminals because placing youth in the adult criminal justice system puts their safety at risk, restricts their necessary education and crucial health development, and increases the likelihood of violence and re-offending. Placing youth in adult jails most likely result in inimical situations and it is extremely difficult to prevent these events from occurring. By housing young offenders in the same facilities as adult criminals they are presented as the easiest preys which result in physical and sexual assaults. For example, according to the U.S. Department of Justice Bureau of Justice Statistics, in 2005 and 2006,...
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...Juveniles being tried as adults Student’s name University affiliation Juveniles being tried as adults Introduction The first juvenile court started in the United States of America in 1899. The two basic principles on which the court juvenile court were founded are one, and juveniles were not mature enough to take responsibility of their actions compared to adults and two, it was easier to rehabilitate juveniles as compared to adult criminals (Grisso & Schwartz, 2000). In more than a century, these principles remained the benchmarks of the juvenile courts as they expanded from Chicago, their original birthplace, into other states and eventually in other parts of the world. However, in the recent year rising incidences of juvenile criminals being tried as adults has increased as it was before the advent of the first juvenile court. Much of this stems from the public outrage against the children who, in high numbers, are engaging in violent crimes. Many countries have adopted legislation that permits them to juveniles to be tried as adults. In some countries, there are provisions that allow prosecutors to try children as young as 14 years under certain circumstances (Grisso & Schwartz, 2000). Juvenile courts establishment aimed at separating the youthful offenders from the adult criminals and thereafter processing and rehabilitating them in forgiving and less punitive manner compared to the adult criminal system (Redding & Fuller, 2004)...
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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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...This issue paper will cover the subject of “Trying Juveniles as Adults”. This has brought up a very controversial topic that people seem to be very passionate about. The rate of minors committing horrendous crimes has been on a steady rise for the past couple of decades (DOJ National Report Series Bulletin, 2011). There are many differences between the court system for Juveniles and the justice system for adults. In Juvenile courts there are no juries and no trails by jury either. In adult courts the sentencing is much harsher and the chance of getting off the hook with some counseling is very slim. If a juvenile is defined as a person under the age of 18, how can you justify trying them in a court designed for adult offenders? Some juvenile cases get transferred to adult criminal court through a process called a “waiver”—when a judge waives the protections that juvenile court provides (www.ojjdp.gov). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before (nolo.com/juveniles youth adult criminal court). Being tried as an adult gives a juvenile more constitutional protections, but it also has disadvantages such as losing the juvenile protections as well. Depending on the crime of the minor, both court systems can punish the individual, but which court can give the appropriate punishment or the “crime”, not the age of the person committing the crime? The big question now is should we the courts show more...
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...Tried As Adults? Ervin Franklin March 28, 2012 SWK 501: Policy II History of Juvenile Justice System: “Many people believe juvenile courts were invented to "go easy" on young criminals. The actual reasons are more complicated. The 19th Century reformers who advocated the establishment of juvenile courts were just as interested in crime control as they were in social work. Admittedly, some reformers were motivated by a desire to save growing numbers of poor and homeless children from the streets of America’s cities. Others, however, were mainly interested in removing the legal obstacles that prevented criminal courts from dealing effectively with young hoodlums” http://www.urban.org/publications/307452.html The Juvenile Justice System was founded on the principle that “children are fundamentally different from adults, and that the justice system that deals with them should reflect these differences” (Setting the stage). Two themes make the system: the welfare of young offenders and the protection of public safety. “State legislatures are responsible for establishing juvenile courts and for framing their legal responsibilities. Thus, state lawmakers have the power to decide who falls under the jurisdiction of the juvenile court and who remains under the jurisdiction of the criminal court. At one time, the issue was relatively simple. States merely decided at what age an individual was to be fully responsible for his or her criminal behavior...
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...Juvenile and Adult Courts: A Comparative Analysis Paper Cristal Irvin CJS/245 April 7, 2015 Samantha Brown Juvenile and Adult Courts: A Comparative Analysis Paper At one point in history there was only one system of justice for the people of the United States. As time went by, the justice system shifted into two structures which are known as the Juvenile and Criminal Justice System. It was recognized that children and adults were not committing the same crimes. The states responded to this issue by establishing a system that differentiates juveniles from adults by creating the juvenile court system. The Juvenile Court is a complex structure that in order to understand it, one needs to know the process of when a juvenile enters the system. The American Juvenile Justice System is put into place to focus and manage juveniles who are caught and convicted of crimes. The system is formulated by agencies that consist of police officers, prosecutors, juvenile courts, probation officers, and the Department of Juvenile Corrections. The system functions by agencies taking various steps when dealing with a juvenile. The first step is determining who is a juvenile. In most states a juvenile is considered a child between the ages of ten and eighteen and in some states they can set the maximum age as sixteen. When a police officer encounters a juvenile that has committed a crime the police officer has several options on handling a juvenile who has committed a delinquent act. Depending...
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...JADM 100 Introduction to Criminal Justice Final Exam Answers Follow Link Below To Get Tutorial https://homeworklance.com/downloads/jadm-100-introduction-to-criminal-justice-final-exam-answers/ JADM 100 Introduction to Criminal Justice Final Exam Answers Final Exam – Criminal Justice 1. Question : (TCO 1) Which of the following terms means procedural fairness? (TCO 1) The theft of farm animals, or rustling, would be classified as: (TCO 1) According to Robert Merton, a(n) ________ rejects the goals and accepts the means to achieve society’s goals. (TCO 2) An offense punishable by incarceration, usually in local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less. (TCOs 3&4) Which local law enforcement official is responsible for serving court papers, maintaining security within courtrooms, and running the county jail? (TCOs 3&4) The legalistic style of policing: (TCOs 3&4) Unreasonable searches and seizures are prohibited by the: (TCOs 3&4) Historically, officers were allowed to use deadly force to prevent the escape of a suspected felon even when the person represented no immediate threat to the officer or the public. This was known as the: (TCOs 3&4) The most widely used system of indigent defense is: (TCOs 5&6) During a trial, the ________ happens before the closing statement, but after the jury selection. (TCOs 5&6) Bail serves two purposes. One is...
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...Difference 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...
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...statutory adult age. In most of the legal systems there are specific procedures followed when dealing with minor offenders, such as juvenile detention centers, boot camps, etc. This paper will attempt to create a better understanding of the offenses, the causes, and the procedures to deal with the criminal behavior of juveniles. In addition this paper will project ideas to reduce the criminal behavior of these minor’s through intervention and preventative measures. Juvenile Crime Each state has its own trenchant juvenile justice system with its own practices and laws. There are however broad underlying opinion that separates the juvenile justice system from the criminal justice system. The fundamental rationalization of the juvenile court system is that youth are developmentally different from adults and that they are susceptible of being lead or directed. Because of this pliant behavior the justice system feels that rehabilitation and treatment, with the addition of community protection are very feasible goals. In the adult court the defendant is provided greater Constitutional rights than are available in the juvenile court. An example of this is the criminal defendant has a right to a trial by a judge or a jury of their peers. A minor does not have that right; their fate is decided by a juvenile court judge as to their guilt and what sentence will be handed down. The terminology is different for juvenile court where the minor is considered a respondent, in adult court...
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...Juvenile and Adult Courts: A Comparative Analysis Introduction Juvenile and adult courts have different language barriers that separate the two. Juvenile courts tend to use words such as detention hearing, petition, and adjudication to make things seem less harsh. Adult courts use words such as bail hearing, complaint or indictment, and the verdict. Adult courts deal with a stricter sentencing than juvenile courts do. Juvenile courts take the approach of a more controlled approach. Adults are taught to live a healthy and productive life, unlike minors. Juveniles have been reinstated so that they can be released back into society with a fresh start. The languages for juvenile courts are different than that of adult courts. Here are the different languages that separate juvenile courts from adult courts: Adult Courts • Bail Hearing • Trial • Complaint or Indictment • Defendant • Verdict • Guilty Juvenile Courts • Detention hearing • Fact-Finding Hearing • Petition • Respondent • Adjudication • Delinquent or Involved In juvenile courts they don't get a jury; instead the judge is the only person who determines if a minor has broken the law and what his or her punishment will be. The courtroom is closed to the media as well as to the general public. Juveniles are more prone to probation for longer times than adults. (#2)A juvenile's conditions of them being on probation tend to be obnoxious, including having a curfew, getting adequate grades...
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...Criminal law in Australia is generally administered by individual jurisdictions in each state. Current studies have shown a rise in criminal crime over the period of 5 years from 2010. But how are juvenile offenders being accounted for in the Justice System? Similar to criminal law the state and territory governments are responsible for dealing with children and young people who are involved in crime. Although each state and territory has its own legislation, policies and practices, the general processes by which young people are charged and sentenced and the types of legal orders available to the courts are similar. However by the time youth are 17 and 18, most Australians are focused on finishing school and planning the next stage in their...
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