Preview

Differences In Juvenile Courts

Powerful Essays
Open Document
Open Document
1528 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Differences In Juvenile Courts
AbstractCrime has been around since the beginning of time. It started with Adam and Eve who ate the apple after God told them they were to stay away from the tree. Nothing has changed since then except that crimes have become more severe and sadly, children have started doing some of that crime. Like adults, when juveniles commit a crime and are caught, there must be punishment for it. Depending on the severity of the crime that juvenile may be brought to a juvenile court and if the crime is more severe, an adult court may be more appropriate. The author will discuss the differences between adult and juvenile courts. Finally, it will discuss what can happen if juvenile courts are abolished and implications for young offenders.

Compare and
…show more content…
For juveniles, they commit an act of delinquency whereas adults commit a crime (Misha, 2006). Differences in background are another way that the two courts can be distinguished. When considering the juvenile case, the courts look at both the student 's 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 committed 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 agree 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 also called plea bargaining (Misha, 2006). Juvenile courts will decide if the child should go to a detention facility or childcare center; adults who are facing due process are either sent to jail or sent back to jail (Misha, …show more content…
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, then 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

You May Also Find These Documents Helpful

  • Powerful Essays

    Juvenile Justice

    • 696 Words
    • 3 Pages

    In recent discussion of Juvenile Justice, a controversial issue has been whether juveniles should be tried as adults in adult courts for heinous crimes they have committed. On one hand, some argue that they should not be tried as adults and do not deserve harsh sentences but as children seeking help. On the other hand, however, others argue that those who commit such heinous crimes ought to be punished no matter the age. The juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes. The purpose of juvenile court is treatment and guidance rather than punishment. Juveniles don't have the knowledgeable or moral capacity to understand the consequences of their actions; similarly, they lack the same capacity to be trial defendants. Juveniles today are more knowledgeable and cultured at a younger age; they understand the implications of violence and how violent weapons are used. It is irrational to argue that a juvenile, who sees the effect of violence around him in the news every day, does not understand what killing really is. The fact that “adolescent killers” know how to load and shoot a gun or use a knife to kill is an indicator that they understand exactly what they're doing.…

    • 696 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    The United States Court system is much the same for Juvenile Court, as it is for Adult Court. The main differences are that Adult court adjudicates offenders over the age of 18. Juvenile court adjudicates minors, or persons under the age of 18. However, certain circumstances like the severity of crime, and age of individual, and number of occurrences can present a case, which a minor is tried as an adult and sent to adult court.…

    • 1973 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Some similarities are that both courts issues sanctions, courts plea bargaining is often an option, the defendant has a due process rights in addition to unreasonable searches and seizures rights. Juvenile and adult offender receive Miranda rights at time of arrest.(Bartollas, Miller. 2008). Both courts use proof beyond a reasonable doubt as a standard for guilt or innocence. Boot camps is an option for both juveniles and adult offenders. Juvenile and adult courts have their crimes classified as either misdemeanors, felonies or infractions. Some of the differences between the juvenile and adult court system is that at the juvenile level parents have a very active role. The juvenile system refers to juvenile as delinquents, truants, orphans,…

    • 342 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The juvenile justice sector applies to individual under the age of 18 that are unable to be tried in the adult court system. Juvenile accused of committing crimes could face a transfer to the adult court system in conformance with some state laws and the specific crime that was committed. Juveniles later found guilty are not convicted of committing crimes, but rather delinquencies. Enforced by the state, in most cases, juvenile justice focuses on lower the recidivism rate by rehabilitating offenders. Rehabilitation, rather than imposing punishment on juveniles eliminates the hardening of the juveniles. Confined juveniles often learn the ways of more violent juveniles that they would not learn if they were sentenced to rehabilitation instead. With newly acquired skills from other jailhouse inmates, juveniles are more likely to go on to commit more serious crimes. As for adults, the technique is often punishment and then rehabilitation due to the fact that society views children as more likely to change rather than adult…

    • 1407 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Trying a juvenile who has committed a violent crime can put a judge in a difficult situation because it depends on the extent of the crime and all factors should be taken into consideration before trying a teenager as an adult. A judge may not know what punishment may be beneficial for the child, juvenile or adult court, and if tried in adult court the child could have a difficult time in prison and may effect his state of mind if and when released. The judge must look at what type of violent crime the 16 year old committed, if the were malicious intentions, and the extent the teenager went to in order to commit the crime. Once the following factors are determined, the judge should consider the pros and cons of trying the child as an adult…

    • 252 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Juvenile court is a special court used to handle cases involving children usually under the age of 18,in some states 17, and in incredibly serious cases, children down to the age of 11 were moved to adult courts. Juvenile court came to be because of a change in ideology in the 1800’s involving children who have committed crimes. Before then children went through the same process as adult criminals at the time, but juvenile court was supposed to focus more on the rehabilitation of the child instead of exposing them to the harsh environment and punishments in adult courts. In juvenile courts the judge would usually talk about the child's background and talk with the child in a private hearing,they would then reach a decision in their best interest.…

    • 405 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Charges for a juvenile may be dropped at the end of the informal probationary period if the juvenile meets all the conditions given. The intake officers also have the ability to choose to divert or dismiss the charges all together. When a juveniles charges are diverted they may be sent to a job training program, mental health facility, or even drug treatment. U.s department of justice. ().…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    When reviewing the mechanisms that are utilized to transfer juveniles from the juvenile court to criminal court, I would look at what means would best serve the juvenile. The three most commonly used mechanisms are the juvenile wavier, prosecutorial wavier, and legislative wavier (Elrod & Ryder, 2014). Based upon my research, I would favor the judicial wavier. The results of a juvenile being transferred into adult court can have some negative consequences on a juvenile. A juvenile court usually focuses on rehabilitation of the accused juvenile; however, the adult court will focus more on punishment ("Juvenile").…

    • 288 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Juvenile Court Case Study

    • 908 Words
    • 4 Pages

    A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide. Statutory exclusion, are provisions in the law to exclude some offenses, such as first-degree murder, from juvenile court jurisdiction. Concurrent jurisdiction is a legal provision, which allows the prosecutor to file a juvenile case in both juvenile and adult court because the offense and the age of the accused meet certain…

    • 908 Words
    • 4 Pages
    Better Essays
  • Good Essays

    If juvenile are tried one as an adult and then juveniles will be tried as an adult in all cases. In a few cases, such as a murder or rape, the assumption is that a juvenile should be tried as an adult unless the trial court rules that the case should be sent to juvenile court. Some states have laws that require a youth’s case to be tried in adult court these laws usually based this automatic transfer on the youth’s age, the seriousness or type of crime, and the juvenile’s prior record.…

    • 530 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Determining whether a juvenile is identified as a child or an adult is quite simple. If a juvenile is under the age of 18 then he or she is not an adult and if a juvenile has graduated from high school then he or she is identified as an adult. I believe that if a juvenile has not developed a certain level of intelligence or has not emotionally developed then they can’t be identified as an adult. In addition to that, although juveniles may have developed the sense of knowing right from wrong they may not know what’s right from wrong in the “adult world.” There have been laws passed to permitting juveniles to be transferred to adult court. The process with transferring juveniles to adult courts starts with the seriousness of the offense committed by the juvenile. If a juvenile has committed an offense such as armed robbery or murder then without a doubt there aren’t any excuses for…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The primary difference between the juvenile court system and the adult court system is that the juvenile is viewed by the court with more civility and as an delinquent and on the other hand in adult court is it view with criminality. Moreover, the standard of proof when it comes to a juvenile he or she in the courts system is looked upon as with the preponderance of the evidence and in adult court the standard of proof is beyond a reasonable doubt. However, both the adult and the juvenile has the right to remain silent and refrain from self-incrimination and also, they both have the right to confront their accusers and the right to counsel and/or an attorney.…

    • 588 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sentencing Juveniles Essay

    • 1083 Words
    • 5 Pages

    Juveniles are treated with different laws, known as Juvenile Law, and the laws are very different compared to the same laws for adults when it comes to committing crimes; these crimes are generally heard in a juvenile court of law. The Laws for governing juveniles are mostly legislated and controlled by the individual states. By the doctrine of parens patriae, “The power of the state to act as guardian for those who are unable to care for themselves, such as children or disabled individuals.” (Cornell) For example, a judge under the state’s authority can change custody or any other ruling that affects a child well-being, no matter if the parents agree or not.…

    • 1083 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Disadvantages Of Juveniles

    • 2113 Words
    • 9 Pages

    In adult courts juveniles can be eligible for more severe punishments such as life sentences without parole or even the death penalty. The juvenile will be placed in adult jails with adults while awaiting sentencing, rather than being held in a juvenile detention center. The staff is not geared toward the well being of the child in adult prisons/ jails. Also with adult charges it carries a social stigma. Juvenile records have sealing and can be expunged which makes it unavailable to the general public. But the adult courts its public…

    • 2113 Words
    • 9 Pages
    Powerful Essays

Related Topics