What Are The Additional Protections For Juveniles

Juveniles should be tried as adults when they commit serious crimes as opposed to rehabilitation or various forms of lesser sentencing. The rate of juveniles in prison has increased over the years. Many young adults and children often seek for attention which leads them to cause trouble out in the streets. There are risk levels that officers have to make in order to help the juveniles or if committing a serious crime, they should pay the consequences. Many may oppose and think that young adults and children are not adults, but they should be punished for the crimes they have done.

Five major court cases that influenced our treatment of juveniles today include Kent v. United States (1966), In re Gault (1967), In re Winship (1970), McKeiver v. Pennsylvania (1971) and Breen v. Jones (1975). Kent v. United States (1966) set the standards for transfers. In this case, the judge ruled Kent to adult court without consulting with the child, the child’s mother or attorney. It was this case that determined the attorney has the right to review documentation presented by the probation officer. Thanks to In re Gault (1967), juveniles how have a right to due process during any proceedings in which a juvenile is facing institutional confinement. It was also outlined in In re Gault (1967) exactly what a juveniles rights are during the entire process. Key rights are being notified of the charges brought up against them, right to counsel and cross-examination of witnesses by the attorney’s.

One of the most debatable topics in today’s justice system is whether or not juveniles should receive waivers to adult court. There are three methods that are used to transfer a juvenile to adult court. Juvenile waiver, statutory exclusion, and Concurrent Jurisdiction are the three different methods used to transfer a juvenile to adult court. Statutory exclusion is when the juvenile is transferred immediately to the adult court. Concurrent Jurisdiction is when the juvenile may be tried as an adult and a juvenile at once. Throughout all three methods juvenile waiver is the most common one that is used throughout juvenile courts and used in mostly all states. The only states that do not provide judicial waivers are Nebraska, New York, and New Mexico. When a judge transfers a juvenile to adult court, he or she is denying the protections that the juveniles receive. The judge makes the decision of whether or not the juvenile is tried as an adult. Double Jeapordy laws protect the juvenile from being tried in juvenile court and then adult court because of the fact that a juvenile would be tried twice. Most times 17 or 18 year olds are the youngest age limits that can be waived to adult court, but in some states ages low as 13 or 14 can be waived. It depends on the crime that a juvenile commits on whether or not he or she is transferred to adult court. Once the juvenile is tried as an adult, he or she will be affect in the community for a lifetime versus having his or her records

In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.

Today’s heated debate regarding the decision to try juveniles as adults has prompted individuals to construct opinionated and informational articles on the topic. The nation’s troubled youth are protected by groups that believe these offenders deserve rehabilitation and a chance to develop into a productive member of society. However, others believe that those committing certain heinous crimes should be tried as adults as a means to protect public safety, prevent second offenders, and “dispense justice in the form of punishment” (Aliprandini & Michael, 2016). Because these perspectives offer a reasonable and valid argument, juveniles responsible for major crimes

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

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.

When 15-year-old Gerald Gault was on probation, he and a friend made ‘obscene comments’ in a telephone call made to a female neighbor. At the hearing, Gerald had no counsel. On top of that, the victim, the neighbor, was not present, and there was no evidence presented. He was found guilty and sent to a training school. Personally, I think that the trial was really in violation of due process rights. From what I have learned in the past, all suspects have access to an attorney, and they have a right to be able to face the victim in their trial. Having Gerald adjudicated delinquent and sending to a training school was unfair to him. He had an unfair trial, and therefore should have had the option to be retried with the victim and an attorney present.

“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

“I used to believe are our future but now I realize that this, sadly isn’t the reality. Through laws that treat kids like adults, the government is throwing away the future of children in this country.” (D. Lee) An estimated 200,000 juveniles are tried as adults. The term juvenile refers to any young person under the age of 18. For most states in the United States, the age of majority is 18. While there are many things that juveniles are unable to do until they reach the age of 18, being charged as an adult for a crime is not amongst those things in some states. Juveniles are not allowed to vote, drink alcohol, or sign a legal contract, yet they can be charged and treated like adults when it comes to them being

Laws tend to make the lives of every individual safer and pleasant. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. How these safeguards to the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel will have on the day- to- day operation for juvenile and adult courts.

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.

When discussing juveniles, it is important to understand the legal protections that are afforded to persons less than eighteen years of age. Equally important is why these protections were deemed necessary. These protections are extremely significant and alter the way juveniles interact with the

Juvenile Criminal Law is a relevant issue in today’s juvenile criminal Justice system. A growing number of states are re-examining and amending juvenile laws to reduce unnecessary reliance on secure confinement. Minors under the age of 18 years, who commit a crime, or otherwise violate established rules and statutes, are identified as juvenile delinquents, juvenile offenders, youthful offenders, or delinquent minors. When the police arrest a minor, or juvenile, there are differences from arresting an adult. While the juvenile may be handcuffed, fingerprinted and photographed - as adults can, teen offenders must be handled carefully ("Arresting Kids - Lawyers.com," n.d.). In juvenile cases, a "status offense" involves conduct that would not be a crime if it was committed by an adult -- in other words, the actions are considered to be a violation of the law only because of the youth 's status as a minor (typically anyone under 18 years of age). Some examples of status offenses include underage drinking, skipping school, and

Juvenile delinquency has been a problem in the United States ever since it has been able to be documented. From 100 years ago to now, the process of juvenile delinquency has changed dramatically; from the way juveniles are tried, to the way that they are released back into society, so that they do not return back to the justice system (Scott and Steinberg, 2008). Saying this, juveniles tend to