Sunday, December 29, 2019
Juvenile Justice System And The Juvenile Court System
The juvenile justice system varies from the adult justice system in many ways. For more than a century, the states have believed that the juvenile justice system was a means to ensuring public safety, by establishing and implementing a system that responds to children as they are maturing into adulthood. Todayââ¬â¢s youths, however, are increasingly committing more serious crimes that in turn are raising the publicââ¬â¢s criticism concerning the modern juvenile justice system. There are those who are in support of keeping every juvenile I juvenile court system and then there are the others who argue if juveniles were held to stricter standards they would not become repeat offender in the system and eventual end up in the adult corrections system.â⬠¦show more contentâ⬠¦The Department of Justice confirms juveniles are entitled to Fifth Amendment protection under the Constitution, against self-incrimination in juvenile proceedings. This is despite the nature of the crime whether it is of criminal or non-criminal nature of those proceedings. (In re Gault, 1967) Substance, not form, controls in determining the relevance of the Fifth Amendment to proceedings not labeled criminal. Therefor since a juvenile defendant s liberty is at stake, the Fifth Amendment would apply. The next question that then arises is does the juvenile have the mental capacity to understand their Fifth Amendment rights, that was explained to them when the officer first read them their Miranda Admonishment. Under California law, prosecutors who allege that a minor under the age of 14 has committed a criminal act, the courts must establish that the child can distinguish between right and wrong. The minor must also know what it means to break the law or commit a crime. (In re Gladys R., 1970) Juveniles are not necessarily given every right afforded to adult criminal defendants. Letââ¬â¢s take a look at the right to ââ¬Å"a trial by juryâ⬠. Juveniles do not have the right to a jury trial instead a Judge decides the juvenile cases. (McKeiver v. Pennsylvania, 1971) Taking into account that this is a worst case scenario, a minor adjudicated in juvenile court can face being sentenced to theShow MoreRelatedJuvenile Justice And The Juvenile Court System1761 Words à |à 8 PagesPlacing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youthââ¬â¢s life. We desperately need to change the way that we handle the juvenile court systemRead MoreThe Role of Police, Courts and Department of Corrections in Juvenile Justice System765 Words à |à 4 PagesRole of Police, Courts and Department of Corrections in the Juvenile Justice System James Francis Juvenile Delinquency American Military University Professor Robert Arruda The Role of Police, Courts and Department of Corrections in the Juvenile Justice System The juvenile justice system brings the juvenile delinquent in contact with the local police, the court system and if found guilty, the Department of Corrections. This paper will discuss the role of the police, the courts and the DepartmentRead MoreStatus Offenders, Dependent and Neglected Youths, and Juvenile Victimizations1872 Words à |à 7 PagesStatus Offenders, Dependent and Neglected Youths, and Juvenile Victimizations: As they come into contact with the juvenile justice system different, delinquent youths are treated differently in this system. Notably, the jurisdiction of this system and its courts also extends to non-delinquent youths like dependent and neglected youths, and status offenders. However, non-delinquents are not only viewed differently but they are also treated separately from delinquents. In most cases, non-delinquentsRead MoreJuvenile Justice And Criminal Justice1368 Words à |à 6 Pages The border between juvenile justice and criminal justice did not endure the juvenile courtââ¬â¢s first century. By the 1980s, there was general disappointment with both the means and the ends of normal juvenile justice. As with every other social repair efforts, it is difficult to say whether frustration with juvenile justice was born of erroneous concept or of wretched execution. The administering accepted by justice policy, however, was unmistakable. Juvenile courts began to adopt the sentiment andRead MoreJuvenile Court Essay1138 Words à |à 5 PagesThe first juvenile court was established in Illinois in 1899. In the late 18th century children as young as seven could stand trial in criminal court and could be sentenced to prison or death. The perception of children was later changed and they were viewed as persons with undeveloped moral and cognitive capacities. This allowed the state of Illinois to intervene in the lives of children providing protection and care or supervisi on. The mission to help children in trouble was clearly stated in theRead MoreTrying Juveniles as Adults Essay1312 Words à |à 6 PagesAccording to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from ââ¬Å"was the crime committedâ⬠to ââ¬Å"why did the child commit the crimeâ⬠, ââ¬Å"how can we help the childâ⬠. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions whenRead MoreThe Juvenile Justice Process Essay1293 Words à |à 6 PagesThe Juvenile Justice Process: A Breakdown of the System Dana R Kirkland Strayer University Abstract Although based on the adult criminal justice system, the juvenile justice process works differently. Juveniles can end up in court by way of arrest, truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different stepsRead MoreThe Role Of Parens Patriae Within The Criminal Justice System873 Words à |à 4 Pagesthe concept of parens patriae within the Criminal Justice System corresponds with the shaping of juvenile justice. Throughout history, the Criminal Justice System seldom focused on the understanding of the relationship between children and criminal responsibility and the special needs of juveniles. Despite of age, juveniles were often overlooked and were typically processed and subject to the similar punishments as adults. Consequently, juveniles placed in the same facilities as adults who committed Read MoreEssay on Adult Justice System vs. Juvenile Justice System1145 Words à |à 5 PagesAdult Justice System vs. Juvenile Justice System Versus CJ150: Juvenile Delinquency Josh Skaggs There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenileRead MoreThe Abolition Of The Juvenile Justice System1748 Words à |à 7 PagesIn Canada, the juvenile court was established as a tribunal having the sole jurisdiction to hear, process as well as pass judgments for illegal behaviour that are committed by youths. This is a court system that fully distinguishes youths from adults as far as crime is concerned where their misconduct is labeled as delinquent acts rather than crime (Barry, 1987, p. 476). Youth are presumed to have less understanding of social norms and they are less aware of the long-term consequences of their behaviour
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