...What are your state's standards for transferring a juvenile to adult court for trial? According to 2017 Tennessee Code, Title 37 – Juveniles, Chapter 1 - Juvenile Courts and Proceedings, Part 1 - General Provisions,§ 37-1-134. Transfer from juvenile court. TN Code § 37-1-134 (2017): A petition must be filed, asserting delinquency has occurred based on the juvenile’s conduct and is designated a crime or public offense under the laws of the state, the court, the court may also allow a hearing of the petition and on the merits, transfer the juvenile to the sheriff of the county to be held according to law and dealt with as an adult in the criminal court system. The disposition of the Juvenile will be as if the juvenile is an adult, if the child...
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...Michael c. was under investigation for murder by the state of California police department.The juvenile minor was questioned about the murder without a legal attorney. Michael was already on probation for prior criminal offenses he had committed through the juvenile court's system. While the authorities had a hold on him Michael ask to talk with his probation officer before asking any questions. His request was denied by the California police department. Michael went ahead and made a statement waiving his right to an attorney not even knowing. First off why was the police questioning a minor without his parent's presents? Is that legal and then they had him locked up in an adults jail, he was a suspect at that time but they did not know if he was guilty or not. At the murder trial in the juvenile courts, Michael argued that denying him to speak to his probation officer constituted an...
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...As the President of the Juvenile Case Disposition Commission, it is my job to make recommendations to the Governor, Legislature, and the Courts of the State of Old York concerning juvenile issues. Recently, there has been a national discussion about juvenile cases. Some have argued that the system is too easy for juveniles to abuse while others believe that society does not do enough to take care of the juvenile population. In the case of a young man named Kalief Browder, the argument of society not taking care of the juvenile population is the concerned issue. On May 15, 2010, Browder, sixteen at the time, was returning home with a friend from a party near the Bronx. Several squad cars pulled up on Browder and his friend while shining a spot...
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...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...
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...Juvenile Justice Process and Corrections Cheryl Cooper CJA/374 July 8, 2014 University of Phoenix Juvenile Justice Process and Corrections Case Study A youth on parole in Louisiana, Mychal Bell, 17, was ordered back to prison for 18 months following numerous parole violations. He had been placed on probation on four previous occasions for violent incidents. Bell was a former member of the “Jena 6,” a group of six black teens who had beaten a white student, Justin Barker, in December 2006. The incident was a culmination of a fight between blacks and whites. Various religious leaders, including Rev. Al Sharpton, called Bell’s re-imprisonment “revenge” by the judge and called upon the governor, Kathleen Bianco, to intervene (Champion, D. J., 2010). Brief Corrections Plan Mychal Bell will be ordered back to prison for 18 months for parole violations. Upon his release, he will be required to attend and complete an Anger Management class. The extra 18 months complete the original sentence, so any new crimes committed by Mr. Bell will bring new charges. Mr. Bell will be an adult upon release, so no communication is necessary with Child Protective Services or school. Juvenile Justice Process in Ohio Juveniles’ first encounter with the juvenile justice process is usually his or her arrest by a law enforcement official. Other ways that youth enter the system include "referrals" by parents and schools, delinquency victims, and probation officers. A decision is usually...
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...B) Alternative Approaches Maryland Maryland’s rising juvenile rate has made the state become more of restorative justice and more so a system of graduated sanctions in those sanctions there is three basic goals: public safety and community protection; offender accountability; and competency and character development. In other hand these ideas give Maryland to go to new directions (Simms, 2008). In Maryland the juvenile justice system is different than most states. The “The juvenile court may waive its jurisdiction with respect to a petition alleging delinquency if the petition concerns a child who is at least 15 years old or a child who is charged with committing an act which, if committed by an adult, would be punishable by death or life imprisonment. The court may waive its jurisdiction only after it has conducted a waiver hearing held prior to the adjudicatory hearing and after notice has been given to all parties. The court may not waive its jurisdiction over a case unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures”. (Chapter 8) furthermore, in Maryland the juvenile courts handles all case that deal with juvenile. However, any juvenal that committed a crime that if the adults could be punished by death than the juvenal gets waived and also the child have to be at least 14 years old at the time the crime was committed(Delegate Montague, et al, 2002) . In additions...
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...Should Juveniles Be Tried As Adults Hope Penson Effective Essay Writing/ Com 150 March 28, 2010 Instructor: Brandy W. Kreisler Should Juveniles be tried as Adults? The United States is the world leader in convicting children as adults. Unfortunately once a child is charged as an adult the likelihood of a fair trial is very small. Over the past 30 years there have been changes in many states laws which have led to a dramatic increase in the number of juveniles tried as adults and housed in adult jails and prisons. These get tough laws have made it easier for more and younger juvenile offenders to be prosecuted in criminal court. The purpose of juvenile court is to treat, not deter. Changing the social environment in which juveniles live is a more effective way to reduce juvenile violence than punishing the juvenile offenders in adult courts. The premise of the juvenile court is sound since children have not filly matured, they shouldn’t be held to the same standards of accountability as adults. In some states certain juvenile offenders are automatically tried as adults. Even though juveniles are committing serious crimes at an alarming rate they are not being reformed because juveniles being charged as adults do not comprehend the nature of their crimes. What is America to do? Is charging them as adults reforming them or contributing to the problem once they return to society. The Illinois Juvenile Court...
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...Future of the Juvenile Justice System Lashanna Banks-Augustus Bryan Knight Samantha Mathis Barbara Minish Jenny Sutton CJA 374 July 2, 2012 Mecca Brown The Future of the Juvenile Justice System In 1899 the first separate Juvenile Court system opened in the United Sates. The Juvenile Justice system design was to separate juvenile delinquents from adult criminals. Documentation proves that juveniles do not have the maturity level or the responsibility level of an adult to receive the same punishment as adults should. Juvenile Justice System main focus is rehabilitation as a replacement for punishment in which the adult court system focuses on punishment. The juvenile system methods are based on causation theories throughout history. However, with new trends comes new theories and with new theories comes a new wave of both rehabilitation techniques and designing those techniques to fit each juvenile personal needs; proving that change is in need throughout the different areas of the juvenile justice system. Community Community helps juveniles in different ways. Juvenile law will place them accountable for their actions. The community can help to hold the youths accountable for each of their delinquent actions. The community could help intervene by providing an effective intervention for the offender and to have the child protection protect the neglect or abused juveniles (The future of children). Each community should help develop different programs that will help...
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...convicted persons and defendants. However, absolute justice ideally is hardly realizable across board since its effectiveness demands human infallibility. Although it might be even harder to reap justice, justice is achievable and pursuit for justice remains a noble order. In this case, a 12 years old boy, Christopher Pittman from the state of South Carolina on February 15, 2005 shot his two grandparents using his father’s shotgun while they lay on their beds, he then set the house on fire, drove his grandparents truck and fled with cash and weapons in his possession. The petitioner, Pittman was only 12 years of age when he committed this malicious acts. He was charged with premeditated murder and put on an adult court for trial. Christopher Pittman’s defense team claimed that young Christopher Pittman remained an innocent child because he still could not differentiate what was right or wrong while under influence of Zoloft, an antidepressant. The defense urged the court to consider Pitman a child thus unable to plan and execute premeditated murder as an adult will do. The defense urged the judges to consider an equivalent reaction of a juvenile actions of such magnitude by sending him to a juvenile system where he will be able to get psychiatric treatment alongside rehabilitation and not retributions. However, the prosecutor’s side argued that Christopher Pittman was “diabolical” in arranging...
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...Hunter Jenkins K. Turnage English 112 24 January 2015 Abstract Do you believe that juveniles should ever be tried as adults? If so, in what situations and why? That question that was put forth to fifteen different people in a survey. Along with the survey, several articles related to the question were researched This survey and the research on the articles was done in order to gather enough information to present both sides of this issue. The results show that almost all of the fifteen people had very similar responses. The articles that were relative to this question offered very good arguments for both sides. Fourteen of the fifteen people surveyed immediately responded by saying that it all depended on the seriousness of the crime committed. For the more serious crimes such as murder, rape, and any other crime that results in the victim being harmed, it was almost unanimous that yes, the juvenile should be tried as an adult. The results of the survey showed that fourteen out of the fifteen people felt that an individual capable of committing such crimes should be tried as adults. Should Juveniles Ever Be Tried as Adults? There has been much research and discussion regarding this question. There are many people who feel as if juveniles should be tried as adults, and likewise, there are many people who feel that juveniles should be tried only in juvenile courts. It is a question that requires much research in order for somebody to reach an intelligent decision. This...
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...Juveniles convicted as adults: Unconstitutional How does placing a child in an adult prison, where they risk sexual abuse that eventually leads to suicide, teach them a lesson? Juveniles, who commit serious crimes, are usually seen as convicts or criminals who should pay the price of what they committed even if that means sentenced as an adult and occasionally with no parole. Some of these juveniles who are being tried as adults suffered from psychological traumas caused at home by their parents or own family members. People need to know what can be done to prevent these crimes. Placing a juvenile in an adult trial is unconstitutional and is abusing their rights. Many of the juveniles prosecuted as adults are placed in adult jails pretrial, where they are at risk of harm, abuse and suicide. People need to understand the importance and dangers of incarcerating a child in an adult correctional facility. The administration of justice should implement meaningful juvenile justice reforms such as, rehabilitation centers, counseling, and they should correspondingly perform psychological test before being prosecuted in an adult trial so the U.S can uphold the dignity and human rights of our children and ensure that no child in our nation is considered a throwaway person. Juvenile crime rates soared in the mid- 1990s, and that is why every state initiated strict laws against juveniles and began incarcerating minors as adults. That high rates of juvenile delinquency dropped quickly...
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...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...
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...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...
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... 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...
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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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