Essay on American Juvenile Justice System

When it comes to how each state handles the judicial system in their jurisdiction, it varies from state to state. All states construct their own juvenile judicial system and create their own laws. There are different beliefs in each state about what will distinguish differences in the juvenile and adult justice systems. In most jurisdictions, juveniles are considered delinquent and not guilty. ( "State Juvenile Justice Profiles" )

There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. Many debate whether or not juveniles really should have less severe punishments or if trying some juveniles as adults will lower juvenile crime rates.

In the adult justice system the guilty person would face a trial by a jury. The jury would be given the evidence of the crime, decide if the person is guilty or not, then judge would make the final running. As well at the end of an adult trial a punishment would be handed out such as imprisonment sentence. Where in a juvenile case the judge would decide what form of rehabilitation the child would benefit most from and what would best likely help.

As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a

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

Approximately two million adolescents a year are arrested and out of that two million, 60,000 of them are incarcerated according to the American Journal of Public Health. The 60,000 incarcerated adolescents each year are being tried as adults in court because of the serious crimes they have committed. The crimes they have committed are anything from armed robbery to murder. Some juveniles might be first time offenders and others might be repeat offenders. Crimes have always been a major issue in the United States and can cause controversy in the criminal justice system. Charging a minor as an adult in criminal court varies from state to state based on each state’s jurisdiction. Some states consider anyone up to the age of 18 still a juvenile and would not be charged as an adult in criminal court, but other states may charge a juvenile as an adult at the age of 16 or 17. Jordan (2014) states, “Although states already had methods for transferring youth to the adult system, as a result of the growing fear of juvenile violence, most states implemented new laws to increase the number of youth entering the adult criminal system’ (Bernard & Kurlychek, 2010; Torbet et al., 1996)” (p. 315). While it sounds beneficial to incarcerate more adolescents in the adult criminal justice system to avoid juveniles from committing crimes in the future, that is not always the case. Incarcerating these juveniles can be life changing in a negative

In Texas, the Juvenile Law states that, “a juvenile is defined as a person who is not old enough to be held responsible for criminal acts.” In order for a juvenile to be tried as an adult, a prosecutor can use one of many ways to go about this. One way prosecutors can proceed, in trying the juvenile as an adult, is by exercising the 2011 Senate Bill 1209. This bill gives counties in Texas the option to hold certified youth in juvenile facilities while they await trial. However, the law does not state specifically that they have to be detained in a juvenile facility. The juveniles can also be detained in an adult facility. Another way prosecutors are trying juveniles as adults is by not allowing the rehabilitation programs to run their course when the juvenile turns 19 years of age. The argument has also been made that juveniles in prison for nonviolent offenses are much different in the adult prison system.

Today, the juvenile system primary goals are crime reduction and rehabilitation. The juvenile officials must assess whether youthful offenders are likely to commit crimes in the future and whether they can benefit from interventions. If these kids cannot benefit, then they will most like end up a delinquent. In most states delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at that time (Virginia Rules). Most states allow youth to remain under the supervision of the juvenile court until the age of 21, but this depends on the type of crime that was committed. There has been many times where a juvenile case was transferred to an adult criminal court. This would have to be done thru a process called a waiver. A waiver is when a judge waives the protections that the juvenile court provides (Larry J. Siegel). Cases that

Juveniles being tried as adults face often more drawbacks from the adult court than from the juvenile court. Judges tend to be harsher and less lenient on juveniles tried in adult court. Slight benefits of a juvenile being tried as an adult include access to a jury, which may sway in your favor, or sentence you to years in prison. A study performed by the Bureau of Justice Statistics reveals that ¨In criminal courts in these 40 counties (the largest urban counties in the US), juveniles (64%) were more likely than adults (24%) to be charged with a violent felony.” According to these statistics, it is more often desultory to be tried in adult court as a juvenile.

There would be a constitutional issue because juvenile have certain constitutional rights at negotiation, such as the right to a lawyer and the right to challenge and interrogate witnesses, but they have no right to a trial by jury. The subject of juvenile’s rights is poorly defined in the courts, somewhat because the public as a whole has not decided how much independence to grant juvenile. When most juvenile’s supporters talk about juvenile’s rights, they are not stating to the same rights detained by adults, such as the rights to vote. Instead, they mean that more importance should be placed on juvenile’s standing as “regular persons” eligible of benefits under the law as providing in the United States Constitution and its Bill of Rights.

the standards for adults that adult have the right to have a public trial by jury and are the standards for juveniles do not. Juveniles do not have to face some of the serious consequences like most adults do. When adults are giving jail time or even giving community service hours for crimes they have committed. However, juvenile is sent to a rehad facility to get help so this crime will not happen again. Juvenile commits a delinquent act while adults commits a crime.

Juvenile Justice System is the primary system used to address and deal with youth who are caught and convicted of crimes. The juvenile justice system intervenes in delinquent behavior through police, court and correctional involvement, and is largely punitive. Youth and their parents or guardians can face a variety of consequences including probation, community service, youth court, youth incarceration, and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults. Furthermore, according to Elizabeth S. Barnert, statistic which stated that about 2 million juveniles were arrested and over 60 000 detained annually. The statistic displayed that the United States incarcerates a larger proportion of youths than any other developed country. In addition, 1 to 3 incarcerated adolescents represent a high-risk, vulnerable population with disproportionately high rates of unmet physical, developmental, social, and mental health needs, and higher mortality. Moving forward, 4 to 7 juvenile offending predicts a higher likelihood of chronic adult offending, as well as adverse adult outcomes such as poor health, substance use, and increased mortality. Nevertheless, African American youths are approximately 5 times more likely, and Latino and American Indian adolescents are 3 times more likely, to be detained than their White

As more minors are committing violent crimes, the question of whether they should be tried as adults has arisen. Children as young as 13 or 14 are committing violent crimes such as murder, rape, and armed robbery. Some of these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. A juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen. An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over

Every justice system of criminal laws will rest on postulates or ethical theories. The adult system and juvenile system share differences and commonalities. For example, the juvenile justice system work toward rehabilitating the youths and not punish the juveniles. Adults and juveniles who admit to guilt have a procedural safeguard system to help protect his or her rights. This also includes hearings, right to appeal, and plea bargains. Juveniles and adults have the right to a counsel in a court proceeding. Due process given to juveniles and adults the same. Juveniles are not offered the right to a jury trial or public trial. Another safeguard is not housing juveniles and adults together, not to just to protect

“According to the U.S. Justice Department, 83 percent of court referrals came from law enforcement agents in 2009.” (U.S. Justice Department,2009).Other arrests were deemed by the schools the offenders attended, the parents, the victims of the crime, and probation officers, if the offender had one. Under federal law, officers who had detained young offenders had to keep them secure while they were in custody for a period of no more than six hours. However, juvenile arrest procedures may differ depending on the police department. Police officers handle noncriminal behavior involving juveniles, Which is known as status offenses. For example, a juvenile who skips school, runs away from home and violates or have violated their curfew are all status offenses. The police may also intervene in