...Juvenile Court Process CJS/220 February 28, 2014 Harvey Smith Juvenile Court Process The juvenile court system was put in place for people that commit crimes or have disciplinary problems that are under the age of eighteen. After the age of eighteen a person must be tried in adult court or depending upon the severity of the crime. Initially juvenile court was put in place as a form of rehabilitation for youth. The Juvenile Court System is managed under the theory of rehabilitation rather than punishment in which acts as parens patriae. (Meyer & Grant, 2003). Parens patriae is when a parent is reluctant or incapable to control a child, the state has the power to step in and act in the child’s and society’s best interest (Meyer & Grant, 2003). Juveniles do not succumb to the same rules as adults when being taken into custody. The juvenile justice system is directed toward protecting a youth’s privacy, protecting the youth from harm, and providing treatment or support services rather than punishment (CJI, ch.14). Once a juvenile is found guilty of a crime they are sent a juvenile detention center opposed to being sent to a jail or prison. I believe the juvenile process should differ from the adult process depending on the crime. At a certain age you are able to think logically and understand right from wrong and if you commit a crime you should be able to understand the severity of it. If you steal from a store and you’re under the age of eighteen...
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...Juvenile Court Process Faye D. Baker CJS 220 July 27 2011 Curtis Turney The juvenile court system was designed to help juveniles rather than project harsh punishment on their lives. It is design to provide social services and assistance. Most juveniles commit crimes or get into trouble with the law, due to rebellion. There are many reasons a child falls into the juvenile court system. A few reasons are death of parents, poverty environment, molestation, child abuse and rape. The maximum age for juveniles is seventeen. At the age of eighteen the child is considered as a young adult. The juvenile court process includes four different processes. The first is called Intake which starts the process procedure to determine the seriousness of the crime, and whether the case should go to court. There are four other processes under intake. The first is detention hearing. The child has to go through a detention hearing to determine court appearance and whether protection is needed until he or she appears in court. The second is the transfer procedure, which consist of transferring the case to another jurisdiction. The third is the Waiver hearing; waiver hearing is when the case requires a hearing before being transferred. The last process is statutory waiver; this process determines whether or not the child is treated as an adult depending on the seriousness of the crime. Adjudication, This level of the process clearly states that juvenile crime process is less than...
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...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...
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...juveniles who commit an act that would be a crime if they were an adult are considered juvenile delinquents. Many states give original jurisdiction to adult court for certain serious crimes while other states let the district attorney decide where the case will be tried for these serious crimes. New york state, under the Juvenile Offender law, gives the adult criminal court original jurisdiciton for murder at age 13 and for serious felonies for ages 14-15. The age at while a youth goes to an adult or juvenile court varies from state to state Juveniles can be referred to the juvenile justice system for reasons other than adult criminal offenses. These are often referred to as status offenses. I.E. failure to attend school under the age of 16, running away from home, under-age drinking, incorrigibility and being outside the home during curfew hours. Incorrigibility usually refers to juveniles having a pattern of not obeying parents or guardians and may include insulting and demeaning behavior in relation to their parents or guardians Mediation is a process where the juvenile and the people complaining about the juveniles behavior resolve their problems to everyones satisfaction with the help of a third party called a mediator. The police do an investigation, an attorney a.k.a a law guardian, would be appointed by the court, A probation officer would interview the youth, juvenile would appear in court to agree or deny the facts, could be adjudicated or institutionalized...
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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 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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...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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...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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...20th Century Juvenile legislation It was found that Kent v. United States is a legal case Decided March 21, 1966. The Supreme Court of the United States ruled that the District of Columbia juvenile court violated the Constitutional rights of Morris A Kent Jr. Today the courts must follow the precedent set in Kent v. United States when it comes to waiving juveniles to be tried as adults. The fundamental mistake made by the District of Columbia was the lack of a waiver hearing when the decision was made to try Kent as an adult; the lack of a waiver hearing constitutes a due process violation. At a waiver hearing the prosecutor and defense attorney present evidence on whether or not the juvenile should be waivered to an adult court (Taylor/Fritsch, 2011). Supreme Court of the United States overturned the conviction of Kent and ruled that a juvenile has due process rights if being waived to an adult court (Taylor/Fritsch, 2011). The Court ruled the waiver invalid, stating that Kent was entitled to a hearing that measured up to "the essentials of due process and fair treatment". Kent's counsel should have had access to all records involved in the waiver, and that the judge should have provided a written statement of the reasons for waiver (ncjrs, 1999, para. 5 internet). This paper examines Taylor/Fritsch’s research to understand juvenile legislation. Kent v. United States is legislation that shaped the treatment of juvenile offenders/delinquents. This legislation contributed...
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...Due Process was violated when a confession obtained and physical torture was used to convict the defendant. Police tried to carry out the confession as evidence but was overrule because it would violate the due process of the Fourth Amendment. A teenager was arrested one charge of murder, and questioned by police, without benefit of counsel or any friend to advise him. Later he signed a confession typed by the police. This confession stated that he would admit to the evidence, and later was convicted. The methods used in obtaining this confession...
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...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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...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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...| |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 website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject...
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...Courts are critical in the American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, and Worrall, (2011). To understand the whole court process there are three distinct elements that have to be consider to become a court, it must have proper legal authority and have all of the guild lines within the constitution. Courts are generally found in the judicial as opposed to legislative and executive branches of government, and ‘courts are empowered to make decisions that are binding. The notion of “deciding upon cases, controversies in law, and disputed matters of fact” is known as adjudication, or “the process by which a court arrives at a decision regarding a case” (Siegel, Schmalleger, & Worrall, 2011). The court system I am describing is Juvenile Court. Juvenile court cases are handled different than adult cases. Juvenile courts are designed to handle juvenile cases of delinquency. Juvenile delinquency matters in most states are treated as civil matters or family law matters. Juvenile cases range from drug dependency issues to truancy may be heard in juvenile court. Guardians or parents of the juvenile are required to appear and participate in the disposition of their child’s...
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...S. Supreme Court and discuss their impact on the Juvenile Justice system. There are numerous opinions handed down by the United States Supreme Court that had a significant impact on the system of juvenile justice. As discussed in the textbook, some of the most important cases were decided in the 1960’s and the 1970’s as the “get tough” movement was taking shape. These cases include Gideon v. Wainright, 372 U.S. 335 (1963); Kent v. United States, 383 U.S. 541 (1966); In re: Gault, 387 U.S. 1 (1967); and McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The case of Gideon v. Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial,...
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