The Issue Of Juvenile Justice

1658 WordsDec 2, 20157 Pages
The amount of violence in our society today shows us that the message "crime does not pay" has not reached violent crime offenders. Young teenagers or kids who commit serious crimes can be tried in adult court. Trying teenagers as adults have convinced potential and actual teenage offenders that if they commit adult crimes, they will serve adult times. Though, teenagers are still learning how to live in the real world, juveniles are only tried as adults under some circumstances. Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts, in most states, juvenile justice law is applicable to those under 18 years old. Juvenile law is mainly governed by the juvenile justice…show more content…
The issue assumes significance in the wake of the brutal gang-rape and assault of a 23-year-old in Delhi on December 16 in a moving bus that shook the conscience of the nation. “The victim died in a Singapore hospital on December 29. One of the six accused in the case is a juvenile” (Apex court). The juvenile in the case was only 12 year olds. According to “Section 82 provides that nothing is an offence which is done by a child under seven years of age. Section 83 says nothing is an offence which is done by a child above seven years of age and under 12 and who has not attained the maturity to understand or judge the nature and consequences of his conduct” ( Apex Court). Due to that section clause, the juvenile was let free while the adults in the case were put in jail for 25 years to life. There are four main processes by which juvenile defendants can be transferred to criminal court. The first is the “Judicial Waiver when juvenile court judges have the ability to transfer juveniles to criminal court, usually takes into account age and severity of offense”. Based on the severity of the crime, the judge has the authority to take the juvenile case into criminal court and try the juvenile as an adults. (Fuentez 1). Second is “Prosecutorial Discretion: Prosecutors have the authority to file cases in juvenile court or criminal court jurisdiction” (Fuentez 1). There has to be prosecutors who sign a petition to try the kids as
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