The Pros And Cons Of Juvenile Justice

Children, as young as the age of seven faced many challenges while they were held with adult criminals. Some of these challenges involved: exploitation, overpopulation within

In the United States of America today when a person has been committed of a crime they are trialed through a system to conclude if they are guilty as well as determine their best fit punishment of due to the crime. From what most people know when an adult is put through this process they have the right to a quick and speedy trial with a jury to determine if they are guilty and they are given their punishment. However, within our system the process of punishment and sentencing is significantly different if the defendant of the crime is under the age of 18, if they are under 18 they are legally considered a child and are not put through the same system and punishment with which adult are. They are but through what we call a juvenile court system.

In Contrast to Bryan Stevenson’s “Just Mercy” stories of juveniles being tried as adults, Jason Zeidenberg in the article “The Risks Juveniles Face When They Are Incarcerated with Adults” strongly emphasizes the dangers and consequences that juveniles face when they are tried as adults. Zeidenberg states the consequences of juveniles being raped, assaulted, committing suicide and the effects of being victimized. Children who are housed in the same facility as Adults is not a good idea nor a good mix, according to Zeidenberg a “15-year-old girl was sexually assaulted in Ohio by a deputy after she was placed in an adult jail for a minor in

There are times juveniles should not be convicted as adults because sometimes the “crimes” may not harsh enough to be charged as an adult. For example, if a 8 year old saw a gun in their mother's purse and thought it was a toy and grabbed it and began to shoot who would be at fault ? Plus children in adult prisons are 10 times more likely to be taken advantage of in their time. Research shows that children prosecuted in the adult criminal justice system are more likely to reoffend than those held in the juvenile justice

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 the United States, though different states have different transfer laws regarding ways a juvenile could be transferred to criminal court, most states used one of these transfer laws; once adult/always adult laws, reverse waiver laws and blended sentencing laws. Under once adult/always adult laws, a juvenile who have been tried as adults will be prosecuted in criminal court for any subsequent offenses. Reverse waiver laws, on the other hand, makes it possible for juvenile who is being prosecuted as an adult in criminal court to appeal their case to be transferred to juvenile court. A compromise between those who wanted rehabilitation and those who wanted punishment for the juvenile offender, blended sentencing laws appear to be the law that could determine the appropriate Court of Jurisdiction for juveniles.

There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. Many debate whether or not juveniles really should have less severe punishments or if trying some juveniles as adults will lower juvenile crime rates.

If adult and juvenile case procedures were the same many juveniles would have criminal records going into adulthood for minor offenses or even just mistakes in judgment that could affect his or her future. Adults have a better understanding of the laws and what is right and wrong in addition the consequences of their choices than juveniles do.

Today, the juvenile system primary goals are crime reduction and rehabilitation. The juvenile officials must assess whether youthful offenders are likely to commit crimes in the future and whether they can benefit from interventions. If these kids cannot benefit, then they will most like end up a delinquent. In most states delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at that time (Virginia Rules). Most states allow youth to remain under the supervision of the juvenile court until the age of 21, but this depends on the type of crime that was committed. There has been many times where a juvenile case was transferred to an adult criminal court. This would have to be done thru a process called a waiver. A waiver is when a judge waives the protections that the juvenile court provides (Larry J. Siegel). Cases that

In addition, think about how they will be affected if tried as an adult and convicted. Let us remember, the United States has the Juvenile Justice System, which is solely for juvenile delinquents. This is supposed to protect them from receiving longer sentences, and harsh punishments, which is the opposite of adult courts. Also, the Juvenile Justice System is supposed to help rehabilitate the juvenile. Luckily, for juveniles, the “court had recognized that even homicide does not warrant a mandatory life sentence without the possibility of parole if the offender is less than 18 years old at the time of the crime” (Holt p.1395). However, in “Nevada, Mississippi, and Utah, lawmakers now leave it up to the juvenile courts to decide whether to transfer a juvenile to adult court” (Brown p. 21). Unfortunately, juveniles sent to adult prison suffer physically, mentally, and emotionally. With that

According to the Office of Juvenile Justice Delinquency and Prevention (OJJDP) (n.d.), there are three ways juveniles are transferred to the adult criminal court; judicial waiver (which is most common), statutory exclusion, and direct file. Through judicial waver a juvenile court judge transfers the juvenile to the adult court and at that time the juvenile is denied the protection that juvenile jurisdictions provide. The crime committed must be egregious or there must be an extensive criminal history (Findlaw, n.d.). Juveniles transferred through statutory exclusion refer to those offenses excluded from juvenile court jurisdiction such as first-degree murder. According to Huguelet (2016) “notwithstanding the fact that three mechanisms are available, in Florida about 98% of juvenile transfers to adult court are via direct file.” With direct file, the prosecutor chooses whether a

There are three ways cases are sent to adult court, there is concurrent jurisdiction where certain cases can be tried in either juvenile or adult court, statutory exclusion, where certain offenses are automatically tried in adult court and judicial waiver where a hearing is held to decide whether the case will be transferred (Seigel & Welsh, 2011). While the process does differ from State to State there are some basic guidelines “…states that have transfer hearings provide a legitimate transfer hearing, sufficient notice to the child’s family and defense attorney, the right to counsel, and a statement of the reason for the court order regarding transfer” Seigel & Welsh, 2011).

Some jurisdictions require the child to be over a certain age and charged with a felony, while others permit waiver if the child is over a certain age regardless of offense. Still yet, others have no conditions. Juveniles can be tried in all stated in one of three ways: 1. Concurrent Jurisdiction: the prosecutor has the discretion of filing charge offenses in either juvenile or criminal court. 2. Excluded offenses: the legislature excludes from juvenile court jurisdiction certain offenses that are either very minor, such as traffic or fishing violations, or very serious, such as murder or rape. 3. Judicial waiver: the juvenile court waives its jurisdiction and transfers the case to criminal court. Barry Feld, Juvenile Law Scholar, suggests that waivers to adult court be mandatory for serious crimes. Those espousing the crime control model believe that the overriding purpose is protection of the public, deterrence or violent juvenile behavior, and the incarceration of serious youthful offenders in the adult criminal justice system. The rehabilitative justice model view this as an attack on the juvenile justice system, but crime control advocates consider such steps a necessary response to a rising juvenile violence rate. Life in Adult Prison The Southwest Multi County Corrections Center, a two-story adult jail is the largest maximum-security program for juveniles under federal authority. The BOP pays

In California a decision is made if a juvenile is to be transferred to adult court at the age of 14 if the juvenile is a repeat offender or commits a heinous crime (e.g. murder, rape, or aggravated assault) and at the age of 16 for any crime that is

As more minors are committing violent crimes, the question of whether they should be tried as adults has arisen. Children as young as 13 or 14 are committing violent crimes such as murder, rape, and armed robbery. Some of these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. A juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen. An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over