Transfer to Adult Criminal Court

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.

The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system.

While some individuals feel that exposure to an adult sanction will have a negative effect on the health of juveniles, the major crimes committed by these minors are the same as those committed by their surrounding adult inmates. The threat of adult incarceration will also repel juveniles from committing serious crimes. According to Professor Morgan Reynolds from Texas A&M University, “Between 1980 and 1993 juvenile crime rose alarmingly, and as the states toughened their approach during the 1990s, it declined just as steeply” (2005). In addition, incarceration lowers the chances of reoffending (Schneider cited by Reynolds, 2005). Enforcing laws that discourage juveniles from executing major crimes are effective in reducing crime rates and implementing public safety. Also, those that have already committed severe crimes are less likely to reoffend after exposure to adult sanction. Like Christopher Simmons, juveniles are aware of the crimes they are committing, and may even be proud of their actions. Regardless of the motive, teens committing major offenses should be placed in adult sanctions because their actions are no different than adult offenders. The intimidation of adult detention is successful in both deterring juvenile crime, and appropriately holds minors accountable for their severe offenses.

There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenile offenders the way we do adult offenders, and vice versa. This much we know. So we have to find a way to merge between the two. And, let’s face it; our juveniles are more important to us in the justice system. They are the group at they

Approximately two million adolescents a year are arrested and out of that two million, 60,000 of them are incarcerated according to the American Journal of Public Health. The 60,000 incarcerated adolescents each year are being tried as adults in court because of the serious crimes they have committed. The crimes they have committed are anything from armed robbery to murder. Some juveniles might be first time offenders and others might be repeat offenders. Crimes have always been a major issue in the United States and can cause controversy in the criminal justice system. Charging a minor as an adult in criminal court varies from state to state based on each state’s jurisdiction. Some states consider anyone up to the age of 18 still a juvenile and would not be charged as an adult in criminal court, but other states may charge a juvenile as an adult at the age of 16 or 17. Jordan (2014) states, “Although states already had methods for transferring youth to the adult system, as a result of the growing fear of juvenile violence, most states implemented new laws to increase the number of youth entering the adult criminal system’ (Bernard & Kurlychek, 2010; Torbet et al., 1996)” (p. 315). While it sounds beneficial to incarcerate more adolescents in the adult criminal justice system to avoid juveniles from committing crimes in the future, that is not always the case. Incarcerating these juveniles can be life changing in a negative

Transferring an adolescent offender to adult court is a tight decision. It has far-reaching implications for the adolescent involved and significant symbolic meaning for the justice system. For the adolescent, transferring to the adult system, it holds the possibility of harsher punishment (including physical, sexual, or psychological victimization by other inmates. Also the endurance of developmental costs (Chung, Little, and Steinberg, 2005; Mulvey and Schubert, 2012). For the system, transferring an adolescent to adult court is an unambiguous statement that the criminal justice system will no longer shelter the adolescent, by virtue of his or her acts, from harsh justice. Transfer to adult court indicates that the demand for proportional

Some juvenile delinquents are being treated like adults and being sent to adult prisons instead of juvenile prisons. In an article called “ADULT PRISONS: No Place for Kids,” by Steven J. Smith, Smith presents an argument against treating juveniles like adults. His argument states that minors shouldn’t be trialed and placed into adult prisons because instead of being rehabilitated, they typically come out worse because of the daily exposure to already hardened criminals. Smith provides reasons why juveniles are convicted as adults, the drawbacks of placing adolescents in prisons with adults, and an alternative punishment for juvenile criminals.

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 today society there are many juveniles being sent to adult court for the crimes they committed. When a juvenile is sent to criminal court the juvenile can more likely be found guilty and receive harsher punishment than the adults that commits the same crime and any juvenile that is convicted and sentenced in juvenile court. Depending on which State the juvenile is located in depends on if the juvenile is automatically will be sent to criminal court. The question remains is should a juvenile be transferred to adult courts for the crime that has been committed? The juvenile might not be mature enough to understand the crime they committed, have psychologic issues or any other underlying issues for when the crime was committed. The age

Juvenile delinquency has become a controversial issue within the Criminal Justice system. In the United States, juvenile delinquency refers to disruptive and criminal behavior committed by an individual under the age of 18. In many states, a minor at the age of 16 to 17 ½ can be tried as an adult. Once the individual reaches adulthood, the disruptive and criminal behavior is recognized as a crime. However, the criminal justice system has divided juvenile delinquency into two general types of categories that has brought upon controversial issues of inequality and corruption. Yet, putting young individuals in juvenile detentions facilities seems to open the door for them to commit more crimes in the future. Therefore, under certain circumstances juveniles should be tried as an adult.

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

However, the transfer laws do not lower the juvenile crime rates. For example, in New York a law that sent violent juvenile offenders to criminal courts did not have an effect on violent juvenile crime. Serious crimes presented before the adult criminal court included murder, assault, burglary, rape and arson. In other cases, young offenders become aware of the consequences once tried in the adult courts. When committing the crimes, they think that they will receive light punishments imposed by juvenile courts but when referred to adult courts, the youth tend to become more responsible. Therefore, prior knowledge of resultant punishment plays role in crime reduction among the youths. Subjecting the young offenders to face adult courts brings to their attention the seriousness of the matter at hand (Jeff, page 8).

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

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,