Juvenile And Adult Courts: A Comparative Analysis
Juvenile and Adult Courts: A Comparative Analysis
Juvenile and Adult Courts: A Comparative Analysis 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.
Juvenile Courts
Juvenile Courts were designed to allow children under the age of 18 a chance to be tried in a more reasonable court system as it is for adults. Their age is taking into consideration …show more content…
Some of the processes for both of the courts are similar; however, they use different terminology, such as adults have bail hearings whereas juveniles have detention hearings, adults with trials and juveniles with fact-finding hearings. An adult has a complaint or indictment filed against them, although a juvenile is accused with a petition being filed against them. The adult is identified as the defendant in the court, but the juvenile is referred to as the respondent. The verdict is agreed upon by the jury in the adult court system, whereas the judge makes a ruling, referred to as the adjudication. In an adult court case, the defendant is found to be guilty or not guilty, however the juveniles are found to be delinquent or involved. While the differences exist amongst the two court systems, the adult and juvenile courts share similarities such as, both the criminal and the delinquent have the right to an attorney.. Delinquents have the privilege against self-incrimination, just as criminals have the same right, including the right to receive the notice of charges, and lastly the prosecution must provide proof beyond a reasonable doubt before a person can be …show more content…
The adjudication process in which a juvenile is transferred to the adult court system can take place in several ways, according to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Transfer laws vary state to state; however, such transfers fall under three basic categories, the judicial waiver laws, prosecutorial discretion or concurrent laws, and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention, 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges in juvenile or adult court. No hearings that take place with this process ( (OJJDP, 2011). The statutory exclusion law grants adult courts exclusive jurisdiction over classes of cases involving juvenile offenders. This law requires juvenile courts to waive jurisdiction cases that meet specific age/offense or prior record criteria (OJJDP,
Juvenile and Adult Courts: A Comparative Analysis 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.
Juvenile Courts
Juvenile Courts were designed to allow children under the age of 18 a chance to be tried in a more reasonable court system as it is for adults. Their age is taking into consideration …show more content…
Some of the processes for both of the courts are similar; however, they use different terminology, such as adults have bail hearings whereas juveniles have detention hearings, adults with trials and juveniles with fact-finding hearings. An adult has a complaint or indictment filed against them, although a juvenile is accused with a petition being filed against them. The adult is identified as the defendant in the court, but the juvenile is referred to as the respondent. The verdict is agreed upon by the jury in the adult court system, whereas the judge makes a ruling, referred to as the adjudication. In an adult court case, the defendant is found to be guilty or not guilty, however the juveniles are found to be delinquent or involved. While the differences exist amongst the two court systems, the adult and juvenile courts share similarities such as, both the criminal and the delinquent have the right to an attorney.. Delinquents have the privilege against self-incrimination, just as criminals have the same right, including the right to receive the notice of charges, and lastly the prosecution must provide proof beyond a reasonable doubt before a person can be …show more content…
The adjudication process in which a juvenile is transferred to the adult court system can take place in several ways, according to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Transfer laws vary state to state; however, such transfers fall under three basic categories, the judicial waiver laws, prosecutorial discretion or concurrent laws, and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention, 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges in juvenile or adult court. No hearings that take place with this process ( (OJJDP, 2011). The statutory exclusion law grants adult courts exclusive jurisdiction over classes of cases involving juvenile offenders. This law requires juvenile courts to waive jurisdiction cases that meet specific age/offense or prior record criteria (OJJDP,