Indent-The American Juvenile Justice System has been develop (developing) for over the past century that has differ from the ordinary adult criminal justice process. The juvenile Justice system was established to help rehabilitate and make sure juvenile offenders get another chance in life. Many juveniles are still held responsible for their actions, but society protected them from informal justice and focused more so on emphasis on care, treat and being rehabilitated. During this paper I will discuss three important cases throughout history that involves juveniles and what case is important in the development of juvenile justice case. Indent-One of the three cases that seems to be important to the juvenile justice system is “Kent V the United States”. This case focused on a 16 year old boy who fingerprints was found at the scene of a murder crime. Being that the juvenile court system has had a run in with this juvenile some years back, they figured it will be more convenient to just prosecute him as an adult. The Supreme Court stated that juveniles have the right to be …show more content…
Another case that is important to the juvenile justice system is “Breed v Jones. The Breed v Jones case talked about a 17 year old boy who was charged with committed acts which constituted the crime of robbery. The Supreme Court first stated that jones could be prosecuted as and juvenile, then fifteen days later the supreme court stated that Jones did not meet the qualifications of being prosecuted as a juvenile, and was sentenced to be prosecuted as an adult. After evaluating the District court ruled his fifth amendment has been violated. The Fifth Amendment states that you cannot be charged for a crime twice. This is important to the juvenile justice system because it allows the juvenile to be only charged for one crime, allowing the juvenile to receive a fair
What are five major court cases that influenced our treatment of juveniles today? For each case, briefly state how the case has made an impact.
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 Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.
It has been one hundred years since the creation of the juvenile court in the United States. The court and the juvenile justice system has made some positive changes in the lives of millions of young people lives over the course or those years, within the last thirteen years there has been some daunting challenges in the system.
Beginning in the 1960s, the US Supreme Court decided on a succession of landmark cases that histrionically altered the processes and all around atmosphere of the Juvenile Justice System in America. One case in particular that played a major role in the Juvenile field is Kent vs. US (383 US. 541 [1966]). The landmark case Kent vs. United States, observed as the first chief juvenile rights case in our history. This important case established the collective standards that entitled juveniles the right to waivers and preliminary hearings, which ensured due process was served. This would ultimately decide if the court would shift Kent into adult jurisdiction or allow him to remain in the juvenile system.
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
There were many cases that changed the way the juvenile court ruled on its proceedings, for instance, the case Kent V. United States (1966) a fourteen-year-old boy named Morris A. Kent Jr. was in the district of Columbia was arrested for robbery, break-ins and purse snatching, the police put him on probation, and in the custody of his mother while giving him a social service file because he is considered a juvenile. Two years later he was arrested again but this time on rape and the attempt to steal a wallet, now the police matched Kent’s fingerprints they found and he was arrested, but he was still on probation. The police question him, and he did admit his involvement in the crime and gave voluntary information on all the other crimes he
In other words, the unanticipated result of the Supreme Court's Gault decision was to shift the focus of Juvenile Court from the child to the facts of the crime the child committed. Only after the legal issues are dealt with, after many weeks, months, or sometimes years pass, does the court belatedly turn its attention toward what should be done to help a child -- far too late in many cases. The child's rights are protected, but the child is not. And given the fact that most accused juveniles remain free while their cases slowly pass through the system, society is not protected, either.
“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
This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.
There would be a constitutional issue because juvenile have certain constitutional rights at negotiation, such as the right to a lawyer and the right to challenge and interrogate witnesses, but they have no right to a trial by jury. The subject of juvenile’s rights is poorly defined in the courts, somewhat because the public as a whole has not decided how much independence to grant juvenile. When most juvenile’s supporters talk about juvenile’s rights, they are not stating to the same rights detained by adults, such as the rights to vote. Instead, they mean that more importance should be placed on juvenile’s standing as “regular persons” eligible of benefits under the law as providing in the United States Constitution and its Bill of Rights.
.In Cook County, Ill., the first juvenile court iwas founded on the idea that juvenile offenders need protection and treatment, not just punishment. The idea came from the British justice system’s (the State of parent), it says that the state duty is protecting our children under its care. This was to say that once juveniles are “adjudicated delinquent” in a juvenile court that they were found guilty being found guilty. they cannot be tried for the same crime in an adult court. To do so, would violate the Fifth Amendment protect them from double jeopardy. This is one way that we can protect our teens. The U.S. Needs to look at other countries and see how they are dealing with their juveniles . They should
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.
Juvenile justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.
The Juvenile System has been around for a long time. The primary reason behind separating Juvenile from adult criminals is quite simple; the judicial system believes that the children are less culpable for their irresponsive behavior and they could easily be reformed as compared to adult offenders. The crucial role of the judicial system is to critically investigate, diagnose, and recommend treatments for the Juveniles rather than accrediting them. However, because of the increasing number of juvenile arrest for crimes committed by persons considered as a child, the attention that the given to a crime involving juveniles, the decreasing trust to the juvenile system itself and the lauder roar of the society for a safer place to live in,