Difference Between Juvenile And Adult Criminal Justice System

Due Process of law can be defined as a right guaranteed in the 5th and 14th amendments of the U.S.

Due process means that Miranda did not have to go into the interrogation alone and that he should have had an attorney with him. The amendments were put into the constitution so that the government would not have too much power over the people and by the officers not respecting that they were being unconstitutional.

Due process was also stated in the fifth amendment, however the difference with the fourteenth amendment was that it was not the state’s job to not “deny to any person within its jurisdiction the equal protection of the laws.”

The due process of law is a constitutional guarantee which was originally written in the constitution by the founding fathers in the fifth amendment, ratified in 1791 and was added to the fourteenth amendment, adopted in 1868, section 1, states: All people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. This reconstructed amendment means that the law is for everybody and most important, it represent a constitutional guarantee is that nobody can be deprived of life, liberty o property without a fair legal

“The right to due process,” the only phrase respeated more than once in the Constitution, is guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one should be deprived of “life, liberty, or property without due process of law,” has become a crucial part of the foundation of the American legal system. Ascertaining over eleven different rights, including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and seizure, the due process clause ensures that everyone is treated equally and has the same rights as any other individual involved with the judicial system. The original premise of due process dates back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by King John’s disgruntled elite class, the Magna

Its Due Process Clause prohibits state and local governments from depriving persons (individual and corporate) of life, liberty, or property without certain steps being taken. This

The due process clause allowed the Court to interpret the Fourteenth amendment to apply the Bill of Rights to the states. This clause prohibits the government from depriving individuals of life, liberty, and/or property. Because this clause grants American citizens these liberties and forms of protection, the court decided the state and local governments must abide by them.

Cornell Law provides a substantial amount of raw information on the Due Process Clause, covering topics ranging from its meaning in the nineteenth century to court cases that interpret its definition today. The source mentions small details about due process, such as influential procedures that the clause almost always follows, and when due process applies to freedoms and liberties. However, the next two sources describe the amendments which incorporate due process. Dr. Chapman and Dr. Yoshino present the Fourteenth Amendment as a primary source, citing word for word each of its five sections to include the Due Process Clause. The two then go into detail describing the topics “Substantive Due Process”, “Procedural Due Process”, and “Incorporation of the Bill of Rights Against the States”, citing examples of when the Due Process Clause was used throughout history. Mr. Ryan not only a provides a primary source of the Fifth Amendment, one of the only two amendments that mention due process, but goes in depth on the topics of grand juries, double jeopardy, the Just Compensation Clause and self-incrimination, distinguishing them from the due process clause. He

Factually, the due process mission of this model is protecting guiltless individuals from wrongful prosecution within the system. The Fourteenth Amendment incorporate the Bill of Rights that supports the Due process model set by the framers of the Constitution (Bill of Rights, 1868).

Juvenile Justice and an Adult Justice system have their differences and their similarities. In the juvenile Justice side it contains all the children that has committed a crime and is being held for it. While in the Adult Justice system is exactly the same thing but their times that they are held for are usually longer depending on the crime. In the Juvenile Justice system it roughly ranges 5-17 of the child's age and holds them for their crimes.

According to Alarid (2015), the two most distinctive differences between adult and juvenile systems are the punishments given and the role of the judges in each system. Within the juvenile court system the judge, lawyers, and officer tend to play a more active role in the ruling than in an adult court system. The term parens patriae means the juvenile justice system does what is best for the welfare and safety of a minor who is unable to support themselves (Alarid, 2015). In a juvenile court, they focus more on the rehabilitation of the offender and give alternative punishments than in an adult court proceeding which would most likely give jail time. Another difference between the two is that an adult court gives the option for a jury trial

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 two types of due process is the procedural due process and the substantive due process. Procedural due process is that government officials must follow procedures and not act without a reason when making laws. It requires the government to act in particular ways before regulating or taking away the life, liberty, or property of someone. The proceedings must be clear by stating the charges that the person have done and fair where they have a jury and the right to bring witnesses. Substantive due process is the Constitution prohibits some laws, no matter how popular those laws may be with legislatures, executives, or the people. It is based on the idea that some rights are important to the point that the government must have a reason to change

“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The

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