Justice Court provide the police or child protection system with statements. In the Justice Court lawbreaking regarding schools are curbed because most schools are aware of the criminal activity surrounding their schools. However, this causes a dysfunctions for other schools and leaving their cases to be unresolved. Many cases, also reports that children who are victims of abuse are reimbursed in medical care and counseling. Moreover, Criminal Court resolve issues involving sexual abuse and the perpetrators. The perpetrator is allowed freedom, if there is no bail or if bail have been disbursed. The perpetrator is awarded treatment if he is guilty of his despicable actions, but is the only one permitted for treatment. However, the child may
There were several decisions made by the Supreme Court that formalized courts for juveniles, making them more like criminal courts. Formal hearings were required, juveniles who faced confinement were given the right to receive a notice of the charges being held against them, and also came along the right to be represented by an attorney. In the 1980’s the public noticed that juvenile crimes were rising and that the system was not effective. Soon states began implementing disciplinary laws, some which included a mandatory sentencing and automatically being sent to adult court for certain crimes committed.
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 Canadian court system, like anything made by man, has flaws. One of these flaws is the wrongful conviction of many men and women like David Milgaard and Steven Truscott. These innocent men spent years of their life behind bars because of the court system, serving the sentence for a crime they did not commit.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the
The Supreme Court plays an important role in our government today. The courts perform several actions, such as making the final decision for many government policies. They interpret laws created by other government branches, and they make important policymaking decisions in order to please the public and make America a better place. The Supreme Court is pressured to make better decisions because they have an influence and a lot of power (. Even when they make mistakes, however, they do their best to make America a better place by using all of its powers given to them by the Constitution. These powers given to the Supreme Court allows them to perform several different actions without interference from other government branches. As a result,
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
News studies show a number of serious crimes being committed by children and adolescents. Criminologists' see warnings of vicious juveniles with general belief that young people are increasingly violent and uncontrollable and that the response of the juvenile justice system has been inadequate. Reacting to evidence of increases in juvenile violence, state and federal legislators have proposed, and most states have passed, laws that make the juvenile system more punitive and that allow younger children and adolescents to be transferred to the adult system for a greater variety of offenses and in a greater variety of
The article I found titled, “In Defense of Children and Youth: Reforming Juvenile Justice Policies” is an interesting one because it focuses on the changes that need to be made within the justice system for juvenile delinquents. The article states that the many changes being done or already enacted in order for the juvenile justice system to become fair and protect the youth better rather than treat them like mini adults. “US Attorney General Eric Holder asked citizens to ‘think about children’ and the consequences of violence and trauma in their lives” (Benekos, Merlo, & Puzzanchera, 2013). The article focuses on trying to help children before things get to the criminal level, the authors mention the many child abuse cases encased in the media and cases that happen without media attention are the culprits as to why
To begin with, in criminal courts offenders are put into sanctions where as in juvenile courts they are put into rehabilitations. Next, juvenile’s identities are confidential, however; in criminal cases all information is opened to the public. Also, juveniles are classified as status offence or delinquent, where as in criminal courts they are classified as misdemeanors or felonies. Finally, in court juveniles are have different rights and do not receive jury trials, whereas criminal justice system has a criminal trial and a right to appeal to a higher court.
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
In other cases juveniles can end up in the court by way of truancy or for violating curfew laws or running away. A youth may also be referred to the juvenile court system by school officials or a parent. The juvenile justice process involves several different steps all leading toward justice and the rehabilitation of the juvenile. Once a youth has been introduced to the justice system they are on the path to become labeled as a juvenile delinquent.
The criminal court system is the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses. While the juvenile court system, is used to address and deal with youth, who are caught and/or convicted of crimes. The juvenile court system was established in the United States about two hundred years ago, with the first court appearing in Illinois in 1899. The doctrine was interpreted to mean that, because children were not of full legal capacity, the State had the inherent power and responsibility to provide protection for children, whose natural parents were not providing appropriate care or supervision. The key element was to focus on the welfare of the child. Thus, the delinquent child was also seen as in need of the court 's benevolent intervention. ("The juvenile justice system was founded on the concept of rehabilitation through individualized justice."). 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. I believe that the juvenile justice system should stand firm in its regulations; Juveniles should not be charged as adults, despite the circumstances.
There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.
The American juvenile justice system was designed over 100 years ago to reform kids who were found guilty of minor crimes such as petty theft and truancy. Today, the system is becoming overwhelmed by crimes of violence. Stealing and skipping school have been replaced by rape and murder. The juvenile justice system was never meant to deal with these kinds of problems.
Child abuse is just one of the problems in America we face today. Child abuse affects a child’s mind, emotional state of being and this type of abuse or cruelty molds a person to whom they are by the age of eighteen and is a worldwide prevailing occurrence. “Child abuse or ill-treatment creates all forms of physical and /or emotional ill-treatment, sexual abuse, neglect or negligent treatment, or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.” Child sexual abuse had been extensively known as one of the distress in a child’s life. Previous study have delivered tough indication of child sexual abuse is connected with a quantity of psychological, social, and mental health problems. Depression, anxiety, alcohol and drug abuse, and most illnesses among adult child sexual abuse victims. Former analyses have stated that some of the fears include sexual illnesses, victimization, and close acquaintance violence. In recent times, it has been establish that various physical health conditions are connected to child sexual abuse. In accumulation, child sexual abuse fighters have been found to accomplish less in knowledge and revenue.