Criminal Law Foundations evaluation paper

There are times juveniles should not be convicted as adults because sometimes the “crimes” may not harsh enough to be charged as an adult. For example, if a 8 year old saw a gun in their mother's purse and thought it was a toy and grabbed it and began to shoot who would be at fault ? Plus children in adult prisons are 10 times more likely to be taken advantage of in their time. Research shows that children prosecuted in the adult criminal justice system are more likely to reoffend than those held in the juvenile justice

What is a Juvenile? A juvenile is a person who has not reached his or her 18th birthday. Juvenile delinquency is the violation of a law of the United States committed by a person prior to reaching 18 years of age, which would have been a crime committed by an adult (office). There are many residential programs put in place all over the country to help these youths that are coming in and out of the Criminal Justice system. Once these Juveniles come out of jail, or get released on bond, they sometimes do not have a stable place to go to and live. As these youths are leaving the jail facility there are a wide variety of residential programs to help them get back on their feet. These residential programs include Out of home placement in an institutional or camp like setting, or they might be eligible for an alternative placement, such a community confinement. (programs)

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.

The main reason for having the two different justice systems is that children cannot be held to the same punishment levels as an adult. Even though a child has committed the same crime an adult may commit, not every child has a mental understanding to make mature adult like decisions. The juvenile

The reason I say this is because there are numerous cases of where juveniles were sent to adult state prisons, and in most cases

The dilemma of whether or not to transfer juveniles to adult court has been a major topic, for many years, in the United States. Since 1899, judges have had the option to transfer juveniles to adult court. The major factor for transferring juveniles to adult court since then has been the seriousness of the offense. That being said, juveniles only make up a small portion of violent crimes in the United States. Only 16 percent of juvenile offenders in 2008 were arrested for violent crimes (Champion,2008). The problem is the determination of whether the crime is serious enough to be waived and transferred to adult court. Almost every state has statutory judicial waiver provisions, which grant juvenile judges the authority to transfer

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

Only thirteen states set the age limit of 15 and 16, any youth that is older than that is automatically transferred to adult court for the crime they commit. The minimum age to transfer a juvenile to adult court various between states but only two states have set a limit and those states are Kansas is age 10 and New Mexico is age 15. Another state including the District of Columbia there is no minimum age unless it is a heinous crime such as murder, then the juvenile is automatically transferred to criminal court. In addition, there was 15 states in 2004, who has concurrent jurisdiction from juvenile to adult court upon sentencing a juvenile. This is where if a juvenile commits a crime they are tried as a juvenile either in juvenile court or be tried in criminal court but upon sentencing they are sentenced to juvenile jail/prison then upon them turning 18 they are then transferred to adult prison where they will serve out their remainder of their time. This will be for serious offense like murder, drug offenses, assault against another person. In 2004, 29 states have “statutory exclusion” provisions, which means that any serious crimes are excluded by law to be tried in juvenile court. With these situations any crime that is committed there is exclusions on where a juvenile is tried and served their sentence for all crimes. For any serious offense that happens, then the juvenile will be sent to criminal court automatically or after a certain

Juveniles should be considered as adults at courts because they need to learn from their mistakes, they are old enough to know what they do, and they have to be considered as adults on how bad the crime was at court. Juveniles should be considered as adults so they can learn about what they did wrong.

According to Fagan (2008) judicial waiver is primary process in the juvenile court in which the judge has the authority to waive juvenile court jurisdiction and transfer the offender’s case to adult (criminal) court. According to Griffin, et al., (2011) the waiver laws allow the juvenile to be prosecuted in criminal court. In these cases a formal hearing is conducted while the case is still in the juvenile court. During this hearing based off of the evidence and the charges a judge can approve the waiver for transfer to adult court. Fagan (2008) stated that judicial waiver is a common transfer law that is used by forty-seven states in American. In my opinion this system works similarly to how the juvenile system was designed. The judicial waiver process begins in the juvenile justice system which operates in an informal manner to decide if the juvenile offenders will be waived into the adult criminal justice system. According Fagan (2008) following Kent v. United States all waiver statutes that were designated must be met prior to the judge consideration of a waiver to adult court. Conditions that must be met prior to wavier consideration of the judge are generally a minimum age requirement, a specific type offense, and a prior record of delinquency.

A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian

Imagine sitting in a courtroom, hoping the the judge will not give a harsh sentence. Unfortunately, that’s the case for many juveniles, some as young as 13! A juvenile is subject to a more severe sentence with the limited sentencing available. It is estimated that 250,000 youth are prosecuted as adults, each year. This number should change, as juveniles are not adults, both mentally and physically. Juveniles need an environment surrounded with guiding adults, education and the resources to help them. A juvenile is not an adult, and should not be tried as one.

According to Street Law, a juvenile is any person who is not yet an adult. In most states and the District of Columbia, individuals under 18 years of age are considered juveniles. The District of Columbia along with most states in the United States view any person under the age of 18 that has committed a crime as a juvenile criminal. Acts of a juvenile crime include but are not limited to: truancy, smoking, drinking, theft, rape, murder, defiance towards parents or guardian, etc. A juvenile criminal can only be held in a juvenile institution until the age of 21, no matter how gruesome their offense may have been.

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

The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. It was founded on three principles: juveniles are not ready to be held accountable for their actions, are not yet fully developed, and can rehabilitate easier than adults. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.