Children's Rights For Juveniles

Kent held that juveniles were entitled to a hearing, representation by counsel, access to information upon which the waiver decision was based, and a statement of reasons justifying the waiver decision. It included the sophistication and maturity of the juvenile as determined by consideration of his or her home life, environmental situation, emotional attitude, and pattern of living. These rights we made so that the justice courts can provide guidance and rehabilitation for the juvenile also with protection for society. There are some juveniles out there who are extremely dangerous and do not wish to change the way they are living their life.

of delinquency must be made beyond a reasonable doubt. It also found that certain factors must be considered when making a decision to waive a juvenile to the adult court. These factors include the seriousness of the crimes and the maturity of the juvenile (Reddington & Bonham, 2012). Both of these cases create guidelines for the waiver and also restricts the waiver at the same time.

Traditionally the legal the legal age of adulthood was 21 but in the past 20-30 years most jurisdictions have lowered this age to 18. Article 1 of the Convention on the rights of the child (CROC) states that anyone under the age of 18 is child. Also the Children and young person’s (care and protection) Act 1998 (NSW) defines a ‘young person as someone aged between 16-18. These definitions are important because laws treat children and young people differently to adults. Before the late 19th century children committing criminal acts were treated in the same way as adult offenders. The concept of an age before which a person could not be held criminally responsible -doli incapax – did not exist, and children as

When it comes to discussing the criminal justice system and juveniles, there have been many landmark cases that have made a significant impact on the juvenile justice system. The cases arise from dealing with certain aspects that comes from handling juveniles entering the system. Since juveniles are very different from adults they have to deal with them a certain way and a case by case basis. The court cases concerning juveniles and the decisions that have come from them is what has made what the juvenile justice system is today. Juveniles are not treated the same as adults since juveniles are not ad developed as adults common sense wise. They don’t always know what is right from wrong and sometimes they do not have guidance or good influences around them helping them in the right direction. In class we have learned that instead of punishing them, the goal of the juvenile justice system is based on rehabilitation. For instance, juveniles cannot be sentenced to death if under the age of 18 and also can not be given the sentences of life without parole because they consider these punishments cruel and unusual for juveniles. If the system is able to rehabilitate them and give them the tools they need, they have a second chance at changing their lives for the better and getting away from all of the crimes. They rather try to send them to programs or to complete community service to better themselves instead of giving them hard time. The court cases that I will discuss is what

Juveniles in solitary confinement are routinely denied access to treatment, services, and programming required to meet their medical, psychological,

I think it was handled incorrectly she is only a juvenile. Charging her with murder and convicted her to life without parole would be cruel because she is only 16 years old. The brains of 16 years old are not fully matured and they are not capable of making good decisions. That’s why they have parents to guide them until they are mature. I don’t think she intended to kill the child but I guess it happened and she probably felt all alone with nowhere to turn for help. I would educate all the kids through some type of program or tied it in with physical education in the middle school. I am glad to see that in North Carolina there is a places people can go if they no longer want their kid(s). I think we can educate the juveniles using various

Each day, juveniles who commit adult crimes, are being released from jail only after serving short sentences. They are being tried in courts of law and they are receiving short sentences for their crimes, while the victims and their families are left to suffer and cope with the consequences of the criminal’s actions. Many of these young criminals are now free, walking on the streets and, in many cases, committing additional crimes because the courts believe that second chances should be granted to juveniles who commit crimes. Some people agree to stop accusing juveniles as adults and try them as juveniles, while others believe they must be tried as adults when they commit adult crimes. I believe that juveniles should be held responsible for

The age of majority in the United States is currently eighteen years old. This means that any person under the age of eighteen cannot fully function in society without the consent and advisory of a parent or guardian at all times. The age of majority should be changed from eighteen years old to sixteen years old due to the fact that it is not fair on behalf of minors who work and pay taxes to not be able to access basic human rights.

Kids should be subjected to the measures of punishment that our judicial system is giving to them. Kids who show lots of enmity should be tried as adults. It is the only way to protect the innocent children. These kids know right from wrong, but they choose to do the wrong things and violence is wrong. As the laws have gotten stricter on discipline the kids have gotten wilder. When we let society tell us how to discipline our children then violent children is the result.

Constitutional rights were given to juvenile offenders in 1967, when the Juvenile Justice was under scrutiny for unfair treatment. A Supreme Court reviewed a case that sentenced a 15 year old Gerald Gault to detention until the age of 21 for making an obscene phone call. The Supreme Court case determined that juveniles are entitled to many of the same adult rights and have the right to know their charges, have legal representation, and the right not to testify against their own selves. (Eskin, 1991)

The juvenile justice system has grown and changed substantially since 1899, when the nation’s first juvenile court was established in Illinois. Originally, the court process was informal often nothing more than a conversation between the youth and the judge and the defendant lacked legal representation. To replace confinement in jails with adults, the early juvenile courts created a probation system and used a separate service delivery system to provide minors with supervision, guidance, and education. Soon every state and the District of Columbia had followed Illinois’s lead and established a juvenile court. In 1967, in a landmark ruling in the case of In re Gault, the U.S. Supreme Court determined that the Constitution requires that youth in the juvenile system have many of the same rights guaranteed to adults accused of crimes, including the right to an attorney and the right to confront witnesses against them. Later, the Supreme Court gave youth constitutional rights to have trials that require proof beyond a reasonable doubt; and gave youth a constitutional right against double jeopardy (Youth in the Justice System, n.d.).

The word most frequently used to describe the growth in the rate of violent crime among children 17 years old and younger is epidemic. The alarming rate at which children are committing crimes has increased the amount of questions on what should be done with these juveniles. The National Center for Juvenile Justice states how “Every state but Hawaii now allows juveniles to be tried as adults for certain crimes,” so why are people struggling with laws allowing young offenders to be tried as adults? (Juvenile Justice) They are children, and the lack of maturity and brain development can produce risky, impulsive behavior, and should be treated rather than persecuted and written off.

Your assignment provided insight to a touchy subject topic of juveniles. Juvenile topics can be touchy, some people feel that they are caught up with negative influences such as certain family members and friends. While both can be true, juveniles are still held accountable for their actions to make better choices and decisions before transitioning into adulthood. Lately, I've taken the role of mentoring the youth within the Department of Juvenile Justice here in Georgia and the fact of the matter is that most of the youth that's present doesn't belong. On the other hand, the remaining of youthful offenders that commit acts of crime show no remorse for their actions and have no current family

Children who commit crimes have a complex status in the legal world. Since they are children with less understanding of the laws, they deserve special protections. However, since they are still minors, they do not have all the constitutional rights that adults have. Many of the juvenile court's' procedures make an effort to balance these two concerns and rehabilitate juvenile delinquents.

The following essay summarizes prescriptions for counselors in the following factors: counseling minors, legal rights of the minors, the rights of the parents, release of records, confidentiality, and reporting suspected abuse or neglect. The ACA and NBCC websites will be accessed for primary material and this will be substantiated by secondary sources.