...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...
Words: 1391 - Pages: 6
...Drug Courts: Adult and Juvenile Rehabilitation Programs Eugene Berry Crj2200 Introduction to Criminal Courts Drug courts handle nonviolent substance abuse offenders, drug courts are used primarily to solve a problem rather than to send someone to jail or lock an offender away with less chance of rehabilitation. In the United States there are currently almost 2500 drug courts in the 50 states as well as the U.S. territories of Guam, and Puerto Ricco. Drug courts got their start in Florida, in 1989 judge Gerald Wetherington, Judge Herbert Klein, and state attorneys designed the court for non-violent offenders in Miami-Dade County, to battle a rising crack-cocaine problem in there city’s. Drug courts are a program the can involve different levels of intensive supervision by the courts themselves, this includes drug testing and substance abuse clinics or treatment programs. Drug court judges gain a lot of discretion and leeway in this system and can give the offenders instant or gradual sanctions if the offenders fail to meet the standards of the program given. To help keep the offenders compliant the courts can offer fewer drug tests, fewer court dates, and even the possibility of reduced or completely dismissed sentences if they programs are fully completed. Drug courts are proven to keep offenders from repeating their offences and the overall reduction in recidivism rates on these charges. There is research being done today that shows this treatment method could reduce drug...
Words: 1367 - Pages: 6
...I have come to find out the juvenile court system differs from the adult courts in many ways. However, the juvenile court system has many similarities as the adult system as well. The difference between the juvenile courts and the adults courts are, the juvenile courts emphasize helping the child, rehabilitating the child. The juvenile courts are informal, rules of evidence and rules of procedures have little relevance in juvenile proceedings. Juvenile courts are based on civil law, this is the key notion that juvenile courts were intended to rehabilitate, not punish. Juvenile courts are secret, crime victims and ordinary citizens are not allowed in the court sessions and it is illegal for law enforcement personnel and court officials to release the names of juveniles to the media. Juvenile courts rarely involve a jury. Juveniles have no constitutional right to a jury, which is to reinforce the nature...
Words: 512 - Pages: 3
...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...
Words: 1478 - Pages: 6
...There are many differences between the juvenile court system and the adult court system. While the primary focus in juvenile court is treatment, rehabilitation, and community protection, the primary goal of the adult system is punishment, and not rehabilitation (PBS, 2014). Limitations are also placed on public access to juvenile records because of the belief that juvenile offenders can be successfully rehabilitated and to avoid their unnecessary stigmatization. While juvenile hearings are closed to the public, juvenile court proceedings may be closed to the public. In contrast, open public records are required for adults and adult courts are open to the public (PBS, 2014). There are no jury trials in juvenile court and the cases are heard...
Words: 339 - Pages: 2
...changes to the juvenile justice system as well as punishments handed down to juvenile offenders throughout the years, moreover, the controversy surrounding the transfer of juvenile offenders to adult court has been the topic of many debates. Interestingly, it was not until 2005, following a ruling by the United States Supreme Court in the Roper v Simmons case, that the execution of persons under the age of eighteen was prohibited (Elrod & Ryder, 2014). Additionally, this case placed restrictions upon governing courts handling the cases of juvenile offenders to limit their ability to issue punishments mirroring those of an adult offense. A harsher stance was taken in an attempt to combat juvenile delinquency in the 1970s carrying into the 1990s allowing more juveniles to be prosecuted in adult courts (Elrod & Ryder, 2014). This approach nearly doubled the number of juveniles being transferred to adult court, consequently, the number of juvenile offenders being transferred currently have declined as equally as they increased by 2009. A large number of juvenile offenders are still being transferred to...
Words: 545 - Pages: 3
...Sabastian Fernandez PANEL TEAM DISCUSSION RESPONSES 1. Do you believe that the media plays a role in how families and the community perceive law enforcement after highly energized brutality event between the police and a minority member? Explain your answer Yes, the media like any other Television show makes their money when people tune in and watch the broadcast. So how can the media make the story more appealing to the public? They tailor the truth to fit the audience that is tuning in. For example Telemundo, a popular Spanish channel. When dealing with issues of immigration or Border Patrol they paint the Border Patrol as always in the wrong. Any time a Border Patrol agent gets in a shooting and kills a Hispanic member of the community. Telemundo will with holds facts and only puts out facts that will paint the victim as a saint. Why? The majority of people that tune in to Telemundo are Hispanic. Question pulled from the article "Police Brutality in America" at: http://dissidentvoice.org/2010/07/police-brutality-in-america/ 2. Why do you believe minority groups, families, and the community react so quickly and with such a strong beliefs of guilt, immediately after a police brutality event when the facts of the event are not known? Two reasons why this happens. One the past has showed that police brutality did and does happened. In the past due to racism it happened a lot more. The officer received no training in different culture that would allowed...
Words: 648 - Pages: 3
...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 sympathy and compassion...
Words: 2009 - Pages: 9
...Criminal Law Foundations Evaluation the Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," nod.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parent’s patria allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist communities to...
Words: 1668 - Pages: 7
...Should Youthful Offenders Be 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...
Words: 1619 - Pages: 7
...evolution of the juvenile justice system. More specifically, how the system changed, structurally and procedurally. The paper will cover if these changes resulted in a better more efficient juvenile justice system. These changes will be explained by showing how they did or didn’t help the juvenile justice system. The last thing being discussed is whether or not the juvenile justice system still acts in the best interest of the juvenile. The paper will also discuss how the system is or isn’t acting in the best interest of the juveniles. To be able to talk about the evolution of the juvenile justice system, one must start at the beginning. The first juvenile court was created in 1899, in Cook County, Illinois (Bates...
Words: 1781 - Pages: 8
...Juvenile Crime Ephrem Larry CJS/200 01/12/14 William Patton In this essay I am going to address the differences between juvenile court and adult court. I am also going to talk about the definitions of delinquency and status offenses. I will briefly describe the variables that correlate to the juvenile crime rate and make recommendations for reducing juvenile crime. There are several differences between juvenile court and adult court. “According to the Department of Juvenile Services (2014) History of Juvenile Justice in the United States,” from a historical perspective the juvenile court systems is relatively new. It was stated that in the late 1960‘s that youth did not have constitutional rights. In 1967 the U. S. Supreme Courts ruled that even though juvenile courts were civil proceeding, individuals subjected to these proceedings still faced potential loss of liberty. The Supreme Court ruled that all youth offenders in juvenile court proceedings that faced possible confinement have the following constitutional rights: The right to receive notice of charges, The right to obtain legal counsel, The right to confrontation and cross – examination, The privileges against self – incrimination, The right to receive a transcript of the proceedings, and The right to have an appellate court review the lower court’s decision (The Department of Juvenile Services , 2014). However, many of these juvenile courts...
Words: 1400 - Pages: 6
...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, not guilty...
Words: 535 - Pages: 3
...Juvenile Delinquency and the Adult Court System Soc. 321 Juvenile Delinquency February 21, 2013 Table of Contents Abstract 3 Social Norms in Society 4 The founding father 4 Gangs 4 Juvenile Delinquent 5 Juvenile Justice 5 Juvenile Prosecution 6 Waivers 7 Factors for Waivers ...
Words: 2654 - Pages: 11
... 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 states are trying to make...
Words: 1560 - Pages: 7
