Juveniles in the US Criminal Justice System

Juveniles in the US Criminal Justice SystemThe juvenile homage system has been in existence since 1899 (Kerbs, n.d.). Although this does non confront how long juvenile crimes defy been taking place, it does give adept a glimpse into how long juvenile crime has been taken to courts. Politically, both sides of the spectrum liberals as well as conservatives ar calling for the abolition of the juvenile courts jurisdiction over delinquency adjudications (Kerbs, n.d.). Sadly, crimes that juveniles be committing make water become more violent including scandalize and murder and although they be still, in fact children, they must still be punished for their crime. In most cases, a child who is over the age of 13 and commits a crime of that magnitude go forth be tried in an liberal court. The one thing that need to be remembered is that children ar children, not cock-a-hoops. A possibility remains that children can be rehabilitated into becoming more productive members of socie ty once they have gone through some sort of reformation process. of course, there is always the exception to that rule when children just do not c be and want to continue living a bad life and committing crimes. Adults have already gotten set in their ways and the chances of rehabilitating them are not as great as that of a child.Comparison surrounded by juvenile and gravid courts well-nigh differences between the two types of courts are the terminology used in each. For juveniles, they commit an act of delinquency whereas adults commit a crime (Misha, 2006). Differences in background are anformer(a) way that the two courts can be distinguished. When considering the juvenile case, the courts look at both the students academic and family background. In adult courts, these issues are not considered when the adult is on trial (Misha, 2006). Juvenile courts look at rehabilitation efforts for the child who perpetrate the delinquency. Adult courts focus more on the fact that the adult committed a crime and the community in which he or she lives or committed that crime does not approve of that crime and think the individual needs to be punished accordingly (Misha, 2006). Juveniles are not arrested but taken into custody. Adults are simply arrested. Adults are indicted and juveniles have petitions filed against them. Juvenile courts must either run to a finding or deny the petition. Adults have to enter a plea of guilty, not guilty, or no contest. Juvenile courts have an adjustment made. In adult courts, this is as well as called plea bargaining (Misha, 2006). Juvenile courts forget decide if the child should go to a detention facility or childcare contract adults who are facing due process are either sent to jail or sent back to jail (Misha, 2006).Similarities are present between the two as well. Both juveniles and adults have a right to get counsel to represent them in court. Both have a right to cross-examine and also to confront witnesses. They have the ri ght to be protected against self-incrimination and a right to be advised of the charges pending against them. Last, the prosecution in both types of courts must show proof that the defendant is guilty beyond a reasonable doubt before the defendant can be convicted.Implications of Juveniles in Adult CourtsThere are times when calculates will remand a juvenile to an adult court, depending on the severity of the crime that has been committed, including rape and murder. This is called waiving jurisdiction, and it also depends on some other factors such as the age of the juvenile, and whether or not the court feels that the juvenile can be rehabilitated (Steinberg, 2000). In some states, a juvenile court judge must waive jurisdiction for certain offenses if probable cause exists that the juvenile committed the offense (Steinberg, 2000). other states have a presumption waiver in which the juvenile will be transferred to criminal court, when it is presumed appropriate. If the juvenile can prove that he or she should be in a juvenile rehabilitation program, thusly they will not get a presumption waiver (Steinberg, 2000). The judge will make that final decision, but the juvenile must be the one to prove it.Direct File, which is also known as Prosecutorial Discretion, exists in some jurisdictions and the prosecutor who uses his or her own discretion can file charges either in a juvenile or criminal court (Steinberg, 2000). Statutory Exclusion, which is also known as Legislative Exclusion, Mandatory Transfer, or Automatic Transfer, there are certain categories under which the juvenile can be excluded automatically from juvenile court. This exclusion is determined by a combination of age and offense (Steinberg, 2000). In some states there is a reverse waiver where a criminal court judge can waive a case to juvenile court based on various characteristics of the offender and the offense (Steinberg, 2000). In some states like New York, juveniles who are age 16 or 17 will a utomatically be tried in a criminal court because the juvenile court jurisdiction ends at age 15, and this is not considered a transfer. more(prenominal) cases are being transferred to adult courts because the list of cases being tried are growing, approximately one-third of those cases are for non-violent offenses like robbery or drugs, and there are a larger number of black and Hispanic offenders transferred than white offenders, even when they have committed the same type of crime (Steinberg, 2000).The problem that exists in this playing area is that there are many cases being tried in adult courts for children who are too young to really and fully understand the consequences behind their actions. The punishments they are being given are the same as adults and this does not sound like a fair deal. Punishments that are handed down to these juveniles in the adult courts should be done so with the understanding of the juvenile that they know what they have done is wrong and they c an accept the consequences of their actions (Steinberg, 2000). The age of the offender needs to be taken into account and the judicial system certainly needs to realize that some juveniles, even at the age of 17, may not be emotionally mature enough to have this understanding.Societal Implications of Abolishing Juvenile CourtIf juvenile courts are taken away, there will be more juveniles sent to adult prisons and given much harsher sentences and punishments than they should really get. It is crucial for the U.S. to keep these courts alive and active. Sending juveniles to adult prisons can make their lives much worse, and the chances of them being rehabilitated and becoming better citizens will be reduced greatly because of the things that can happen to them in prison and the things they will learn in prison. Children should not be housed with adults who are career criminals and have spent the better part of their lives doing bad things, hurting people and stealing. No one wants thei r children to end up like that. It is likely that society will not allow this to happen, but if citizens and law makers alike do not fight it, abolishing juvenile courts can become a reality.