Juveniles in the Adult Justice System

Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).

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 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

Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is

73).” He believes the juvenile court has shifted away from the idea of rehabilitation and protection of youth to more punitive measures found in the adult system, and believes youths should be incorporated into the adult system and that their “youthfulness” be seen as a mitigating factor at the time of sentencing. He proposed a sliding scale for youthful offenders in the adult system would save time and money, due to the fact both systems, regardless of terminology, are quite similar in terms of their orientation and how they deal with offenders (Feld,

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

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).

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.

Every process has room for improvement, but the juvenile justice system can be altered by adding in possible solutions of what can be done to help this problem in American society. About 100 years ago, juveniles were always tried as adults. Now, that the government has altered the system for the better, the government knows that trying juveniles as adults is not always justified. It depends on the crime, but the majority of the time, juveniles are often always tried as juveniles, based solely on their age. Not only that has changed; the process of juvenile justice has changed as well to better help the juveniles in the system. The rights of juveniles in the system have changed so that the children can improve their lives once they are out of the system. Even though the process has changed and the rights have improved for the juveniles, there are still many improvements to be made. Studies show that recidivism rates are in fact going down, but the rate can always be better so that juveniles do not return to a life of crime.

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,

The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. 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. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.