...|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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...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
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...CJS 200 Foundations of the Criminal Justice System Course Start Date: 08/01/2011 Group ID: AAGR0Z9835 Facilitator: Lee Rankin Copyright Copyright © 2011, 2010, 2009, 2007 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its...
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...Critically assess the claim that juvenile delinquency was legislated into existence in the nineteenth century. After a few preliminary comments contextualising the claim, I will; 1. Explore the changes in Legislation and Law enforcement agencies in the early to mid-nineteenth century focusing on the ways in which they contributed to the development of the concept of ‘juvenile delinquency’. 2. Consider the arguments of nineteenth century social investigators and reformers and their influence both on the legislative process and on the construction of the concept of juvenile delinquency. 3. Finally and by way of a conclusion, briefly discuss the broader social economic and political context of nineteenth century reforms in order to suggest that whilst legislation is important, the claim in the question overstates its significance. The idea that there can be a juvenile delinquent is impossible without the concept of childhood as a distinct phase of individual growth and development. ‘Childhood’ has become a universal category; a status which affords particular rights, for example those outlined in agreements between states such as the universal declaration of the rights of the child. This recognition of the special status of ‘childhood’ is a social construct (Hendrick, 2002). We may take our understanding of what it is to be a child for granted as ‘natural’ but it is not until the late middle ages that a period and morality of childhood began to be distinguished...
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...fifteen-year-old juvenile, was arrested by the Gila County Sheriff’s Department in June of 1964 (Pedzich, 2011). Gault was arrested on suspicion of making inappropriate and offensive calls to a neighbor Ora Cook (Facts and Case Summary – In re Gault, n.d.). During his police interview, Gerald claimed it was actually his friend Ronald Lewis that made the calls to his neighbor. He stated he heard his friend using abusive language to someone on the phone while he was preparing for work, took the phone from him, hung the call up and kicked his friend out of the house. His parents were never notified that he was taken into custody until after his mother arrived home and noticed that he was missing. Gerald’s mother was eventually...
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...Juvenile Criminology Student’s name Institution My discussion question Adult prison system is unsuitable to meet the needs of young offenders as shown by various research studies. The process of maintaining public safety, successful integration of young offenders to the community, rehabilitation, skill development and treatment are the main goals of the juvenile system. As suggested by Howell, (2003), justice can never be served by forcing juveniles through a system never intended to process teenagers, moreover transfer laws have worsened the implications they intend to address. Juvenile justice system was essentially established because many teenagers were subjected to awful violations in adult jails and prisons hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The...
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...selected and explain two reasons for using it and include thesis statement: Juveniles and the justice system is the topic chosen for my research paper. According to the FBI “Juveniles (< 18 years) were arrested for murder, 2,198 for forcible rape, and 35,001 for aggravated assault,” these are all actions that sound horrible and reap even more horrible consequences. “When juvenile cases get transferred to adult criminal court through a process called a ‘waiver’—when a judge waives the protections that juvenile court provides” (Kathleen Michon, 2016). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Ever since more states have begun trying juveniles as adults in certain situations, the crime rate among juveniles has dropped significantly. Thesis statement: The frequency of juveniles committing horrendous crimes has been on a steady rise for the past couple of decades and even though fewer varieties of punishments, juveniles should be tried as an adult because it would deter and minimize crimes committed by minors and brings justice to the victims. Describe 3 major characteristics of your audience: My intended audience will include my professor and classmates, lawmakers, judges, prosecutors, lawyers, and parents. I will try to persuade readers to agree with my stand on juveniles and violent crimes and why I feel so strongly that juveniles should be tried as an adult. I will need the help of the federal and state...
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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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...Children get into trouble. It is what they are good at. But what is the extent of that trouble? The juvenile justice system is there so that children who make their way into the law can be treated correctly and appropriately as children and not adults. Many cases have taken place throughout the years to modify these rights of the child in a court of law. One case in particular took place in 1967. This case is in regards to Gerald “Jerry” Gault, a 15 year old boy who was making obscene phone calls to a neighbor as a prank. Why is this case significant? The way it was handled, how the boy was treated, and the rights that came out of this case were all important of how we handle juveniles today. On June 8, 1964, 15 year-old Gerald Gault...
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...Should juveniles be tried as adults? Does it depend on the crime committed? If so, what should be the determining factor(s) in deciding to transfer juveniles to adult courts? Case Assignment 4 September 5, 2011 Violent crimes committed by juveniles have fluctuated over the years. The children of today are subjected to violence in popular songs, television shows, and even computer games. Parents’ having guns accessible to children and the society the child lives in all play a part in the destruction of our youth. Juvenile offenders are now facing tougher punishment for their actions. When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his or her actions? These are the questions plaguing the American legal system today, as the violent acts of juvenile offenders continue to make headlines. The Juvenile correction system is about one hundred years old. It was created in the 1800s on the philosophy that children are inherently different from adults and it is the state’s responsibility to protect and rehabilitate young offenders. Until the inception of the youth justice system, children were tried in criminal courts along with adults. Movement for juvenile justice reform was informed by the 16th century educational reform movement in England that perceived children to be different than miniature adults, with less than fully developed moral and cognitive capacities. As early as 1825, the Society for...
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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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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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...THE BUDGET COST AND EFFECTS OF PRISONS IN THE UNITED STATES Christina Adonia Turner June 15, 2013 Introduction to Public Administration TABLE OF CONTENTS 1. Table Of Contents…………………………………………………………2 2. Executive Summary………………………………………………………..3 3. Scope and Statement of the Problem………………………………………4 4. Literature Review………………………………………………………….5 5. Methodology………………………………………………………………7 6. Analytical Results………………………………………………………....8 7. Discussion………………………………………………………………...10 8. Bibliography………………………………………………………………16 9. Appendix………………………………………………………………....17 EXECUTIVE SUMMARY In summary, the cost of housing an incarcerated inmate does affect the budget of the United States. Whether, the inmate is sentenced to life imprisonment or the death penalty. The facts in this research paper leans heavily in favor of life imprisonment as a cheaper form of punishment verses an inmate being sentenced to death row. The judicial system and politicians have formed several alternatives to assist our country with the ability to lower the cost of housing an inmate in our prison system. For example, the United States detaining systems are concentrating more on issuing a fair sentence to nonviolent offenders, such as, substance abusers and prostitutes. They realize that the majority of the inmates are in need of drug rehabilitation and have a mental illness. Also, the research shows that women offenders are the most affected with drug addiction...
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...Introduction This proposal will describe the problem of an increase in recidivism among juvenile offenders in Stark County Family Court (SCFC). This chapter includes the purpose of the project, the setting and history of the problem, and the back round and the evidence of the problem of recidivism. Finally it will discuss the importance of the project, definition of terms and conclude with a summary. Purpose of Proposal The purpose of this proposal is to find ways to reduce recidivism among juveniles within the Stark County Family Court. The goal is to identify possible solutions to decrease juvenile recidivism and to determine if mental health issues are a factor that should be considered. Statement of the Problem The purpose of this project is to determine the factors involved with the increase of recidivism in juvenile offenders in the Intake Department of the Stark County Family Court. Setting and History of the Problem Stark County Family Court was established in 1970, located in Canton, Ohio. In Stark County, the Juvenile Court is placed under the jurisdiction of the Domestic Relations Division of the Court of Common Pleas. The purpose of SCFC is to provide the opportunity to have a fair and just hearing. In 1899 due to the increase of juvenile offenders it was decided, initially in Chicago, Illinois that it was necessary to have a court that would only hear case in regards to adolescents with the goal being to separate youth from adults and to...
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... CJA/344 10/23/2011 Jacquelyn Bradway In America disparity and discrimination has a strong presence in everyday life as well as in other countries around the world. Even though these are two different actions they have the same result showing others they are different and should be treated as such. When it comes to disparity its definition states that it is inequality in form or a difference. When it comes to discrimination its definition states that it is an action that treats someone inferior because of their race, sex, national origin or age. Do these actions take place in the world of criminal justice for example in law enforcement practices, court procedures or correction populations? Law Enforcement Practices Law enforcement is an admirable job and any individual who takes on this job role should be appreciated and respected. But what should citizens do when disparity and discrimination become intertwined and a part of the law enforcement job? An issue among law enforcement for decades has been racial profiling; this issue is the reason why many judicial consent decrees have been designed, to help start avoiding racial profiling dating back from the late 1990’s (Kupferburg, 2008). The disparity among the treatment of races when it came to racial profiling was very difficult...
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