The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. But the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another is that young offenders need to be rehabilitated under a surrogate entity of the parens patriae concept. Another is a recent redefinition of young violent offenders as adults and their transfer to adult courts and the criminal or adult justice system. There has been increasing belief that they pose a serious and genuine threat to the safety of other young people and the community as a whole. An increase in serious juvenile crimes warrants more severe punishment. But moving them to the same place with adult offenders is a critical step, as there has as yet no understanding or agreement on what age sufficient understanding develops. Trying a juvenile offender as an adult offender is a serious decision, which will also seriously affect society and the young offender's future. The vested interests of the other players in the court decision likewise merit consideration. The two justice systems use different legal standards. Children naturally lack the cognitive ability to participate in the adjudicative process. And the choice of whether the young offender should be tried in an adult or juvenile court necessarily determines the outcome of the adjudication. A finding of guilt in an adult court almost always means some punishment. A finding of delinquency in a juvenile court results in rehabilitation and punishment in combination. Rather than eliminating it or reintegrating it into the adult criminal justice system, the juvenile justice system needs an overhaul, more funding, and better initiatives for programs, which will truly incorporate the parents patria concept into the young offender's rehabilitation (Calderon).
Other opinions argue that offenders 12 years old and under should not be moved to adult courts on the basis of their limited adjudicative competence (Steinberg 2001). This does not mean they should not be punished but rather held within a system viewing them as children and not yet as fully mature adults. But the large majority of offenders 16 years old and older are not to different from adults and can sufficiently participate in adjudication within the adult criminal justice system. Offenders between 12 and 16 require individualized assessment of their competence to stand trial. The judges, prosecutors and defense attorney should be allowed to evaluate and judge the offender's maturity and eligibility for transfer to an adult court (Steinberg).
There are also issues of race and ideology to contend with as among the impediments and issues confronting the current juvenile justice system (Hopson and Obidah 2002). Young people of color experience unequal and inequitable treatment within the system. The larger situation suggests that the decisions are tougher on them. The problems they confront go way beyond what has plagued the juvenile court for more than a hundred years. Youth criminality, deviance and
Juvenile and Adult Justice Juvenile and Criminal Justice Systems Similarities and differences: Juvenile and adult criminal justice systems The goals of the juvenile justice and the adult criminal justice systems are fundamentally distinct. The goal of the juvenile justice system is to rehabilitate the offender and to provide aid and assistance to the juvenile, enabling him or her to become a more productive adult (La Mance 2010). In contrast, the purpose of
In addition, the threat of being placed in an adult facility not only doesn't lower crime rates among juveniles, but increases their chances of recidivism and violent behavior (Elikann, 1999). As one critic of the current laws stated: "This country's laws recognize that juveniles are too young to drink alcohol, vote, engage in legal contracts and enter into marriage, all because they are still developing mentally and emotionally" (Bilchik,
However, the prosecutor is not the only person who can seek a transfer. Juvenile court judges can also begin transfer proceedings (Michon, 2012). Furthermore, in some states there are automatic transfer laws, which require that juveniles over a certain age be tried as adults when they commit specific crimes, usually violent crimes like rape or murder. In states without automatic transfer laws, the defendant is entitled to a hearing
For those adults and children that admit guilt both systems offer procedures that safeguard and protect their rights ( LaMance, 2011). There are also differences between the two systems these include; the underlying rationales of the juvenile system are that the youth are different in terms of development from adults and hence their behavior is malleable hence rehabilitation, treatment in addition to community protection are considered the primary and viable
Juvenile Delinquency and the Juvenile Justice System Juveniles are represented either in the legal system through the juvenile family court designed for children many years ago or by the criminal court system meant for adults. The criminal court system is opted for children suspected of committing serious crimes although transfer is possible from juvenile justice system into adult court system. This legal system has been the source of problems for all
Juvenile Total Institutions Total Institutions ( prisons/jails) juveniles. A. Discuss history B. Goals C. programming youth held . D. Issues/Problems Present facilities Below Guideline paper. 1. Students expected draw information class material scholarly sources journal articles, government websites, NPO websites. Bortner and Williams (1997) define a total institution as a physical location such as a prison or a reformatory where all the total needs of the residents are met. The needs of the
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