Juvenile Justice Answers

Once a minor has been transferred and convicted in a California court of criminal jurisdiction, subsequent charges will be filed in adult criminal court (Center for Juvenile & Criminal Justice). The California state legislature has recently modified the juvenile law so that a minor can be transferred from juvenile court to the adult court and tried as adult in specified serious or violent felony cases, even if the minor is as young as 14. In most juvenile crime cases a judge will determine when it is appropriate to make such a transfer, however, in certain serious juvenile criminal cases the prosecutor may directly charge a minor in adult court. (Neubauer, 446)

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.

“In the area of making arrests, law enforcement officers will detain a juvenile in order to provide protection for them as well as for the community. This is called preventative detention. Not all states afford juveniles the right to a jury trial. Defendants have the right to apply for bond or bail. All defendants have a

Childhood is a very delicate and shapeable period. Minors who are subject to live in poor

Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.

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

“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

In transferring, a juvenile to adult court there is a certain amount of criteria that needs to be followed. The first criteria is if the juvenile is dangerous to the community, the maturity of the offender, and the psychology findings of the offender, it helps to determine if the juvenile is qualified to be transferred to adult court. This information is to happen in the intake process upon the processing of the offender into custody. There were two different types of questionnaires that were sent out to the juvenile court judges. With doing a survey with juvenile court judges around the nation, only 44% responded back on what the criteria to transfer the offender to adult court. These surveys made the criteria form a standard that every juvenile judge follows in determining a transfer to adult court.

First, if a juvenile is stopped by a police officer for a crime the officer will determine what to do with the juvenile. The officer can either release the juvenile with a warning or go as far as arresting the juvenile and referring them to the District Attorney’s office. Once the juvenile is in custody they go through a process called intake. It is at the intake stage that the prosecutor (DA) determines whether to refer the case to juvenile court; similar to what is known in the adult criminal justice system as prosecution. It is at this stage that several factors are evaluated. The evidence is reviewed and the seriousness of the offense is considered along with whether or not the juvenile has a previous history with the juvenile court. After the evaluation and review of these factors a case may be dismissed, handled informally or the juvenile may be held in detention pending a formal hearing before a juvenile court judge. The prosecutor must file a petition to the courts

The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also being easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice system is made up of police, courts, corrections, probation and parole services, as well as community-based programs to name a few (book).

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

This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.

be served by the transfer to adult court are considered in the transfer hearing (Cottle, 2008).

For starters, contact with a police officer often is a young person 's introduction to the juvenile justice system police account for most referrals to juvenile court. Law enforcement 's role with boys and girls under the age of eighteen is challenging because there are laws that federally protect youth that commit serious crimes and attempts to aid them in a road to recovery to return to their communities. Police officers generally summon young offenders to the police department 's juvenile division to question them and if necessary, confine them. At the time of an arrest, officers decide whether to refer young offenders to juvenile court or to send the case to the justice system.

In order to proceed with this paper, we must understand what exactly is the criteria for a person to be classified as a juvenile. A juvenile, can be defined as, “a person who is not yet old enough to be legally considered an adult. ”