Essay on Criminal Law Evaluation

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

The fourth, fifth, and sixth amendments regards the rights individuals have when coming in contact or in custody with police officers. The fourth amendment is the right of search and seizure. A search is when a police officer goes into a space where the individual bevies they have privacy. A seizure is when a police officer says or does something that an individual would suspect that they are not free to leave police officer contact. The fifth amendment is the right to remain silent and the right to council. The right to remain silent and council only pertain when an individual is in arrest custody. And states "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process." The sixth

In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.

Constitutional Amendments 4, 5, 6, part of 7, and 8 include our “Due Process” rights. Due process is defined as “a variety of procedural guarantees for those accused of crimes” The 4th amendment includes the right that protects people from unreasonable search and seizure and requires both probable cause and a warrant. It only allows the police to search for the person being arrested, things in view of that person, and things the person can reach that are in their immediate control. The 5th amendment protects against self-incrimination. People don’t have to answer any questions that might incriminate themselves and they can “plead the 5th” which means they are refusing to answer because it might incriminate them if they do. People have to be read their Miranda rights when they are being arrested and that lets them know they have the right to remain silent. The 6th amendment gives people the right to council and the right to trial by jury. So if you cannot afford an attorney you will receive a public defender to help with your case. You also have the right to a speedy and public trial by a jury of your peers. The 7th amendment protects you from being tried by a jury and then having the court overturn their decision. The 8th amendment protects against cruel and

Our forefathers who wrote the Declaration of Independence and served the people from their states came together to form ideas and write a Constitution that would protect the people, property and their rights as citizen of the United States. These two documents are what we were founded on. The simple version of the 8th Amendment, “Prohibits the federal government from imposing excessive bail, nor excessive fines imposed, nor cruel and unusual punishment inflicted, including torture (8th Amendment to the United States Constitution).”

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.

If adult and juvenile case procedures were the same many juveniles would have criminal records going into adulthood for minor offenses or even just mistakes in judgment that could affect his or her future. Adults have a better understanding of the laws and what is right and wrong in addition the consequences of their choices than juveniles do.

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. “The Fourth Amendment in the Constitution, contains protection against unreasonable searches and seizures and protects people’s homes, property, and effects” (as cited in Peak, 2015, p. 180). “The Fifth Amendment in the Constitution, among other protections, guards against self-incrimination and double jeopardy” (as cited in Peak, 2015, p. 180). “The Sixth Amendment in the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial and other protections” (as cited in Peak, 2015, p. 180). These three Amendments, in summary mean that any person who is accused of a crime is innocent until proven guilty, and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.

Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which

The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be

In the early-1900s new technologies which to was help better the policing within the community had

This first response may come from a number of people or places such as individuals, families, neighborhood associations, business, industry, agriculture, educational institutions, the news media, or any other private service to the public,burglar alarms or participating in neighborhood watch,

Police sirens wailing, you see an individual go running by at a panicked pace and you hear faint alarms sounding in the distance, these all could be telltale signs that a possible crime has just been committed. Anyone that has ever been a victim or committed a crime and has been caught, has firsthand experience what the criminal justice system is comprised of. For everyone else, we see crimes committed by adults and then see the result after they have been processed through the criminal justice system if they make national news. Rarely, are crimes committed by juveniles publicized so most of the public is unaware of how the juvenile system works. The areas of the criminal justice systems that we will focus on are arrest procedures, sentencing, and jail facilities of the adult and juvenile criminal justice systems. From looking at the areas listed about we will address how the juvenile and adult criminal justice systems have a lot of similarities and just as many differences with how the individuals are handled throughout those areas.

Federal law is that which is created at the national level and hence applies to all states, the District of Columbia and other United States’ territories while state law applies in specific states where is enacted. Federal law is founded on the U.S. Constitution which establishes powers of the government, its responsibility and basic rights enjoyed by every citizen. On the other hand, state law applies to residents, visitors and business entities within each particular state. When part of the state law directly conflicts provisions of the federal law, federal law prevails. However, even though state law is allowed to afford more rights to its residents, it cannot restrict or reduce rights of the U.S.