The Justice Systems
System Comparison Matrix
Copy and paste the characteristics of the juvenile justice system and the adult justice systems into their respective columns. Place the characteristics that are relative to both the juvenile and adult systems into the column labeled “Both”.
Individuals arrested have the right to receive Miranda warnings. The purpose of the procedures is to punish the guilty.
Individuals on trial have the constitutional right to a jury trial. Court jurisdiction is determined by age.
Individuals have the right to counsel.
Individuals on trial do not have a right to a jury trial.
There is the ability to negotiate and plea bargain.
Court proceedings are public.
Purpose of procedures is to protect and treat.
Proceedings are not considered criminal.
Justice system personnel use discretion.
Court proceedings are private.
Court jurisdiction is determined by offense.
Proceedings are considered criminal.
Prosecutors and defense attorneys are key players in proceedings.
Juvenile Justice System
Adult Justice System
• Court jurisdiction is determined by age
• Court proceedings are private.
• Court proceedings are public
• Individuals arrested have the right to receive Miranda warnings • Individuals have the right to counsel
• There is the ability to negotiate and plea bargain
• Justice system personnel use discretion
• Court jurisdiction is determined by offense
• Prosecutors and defense attorneys are key players in proceedings. • Individuals on trial do not have a right to a jury trial. • Purpose of procedures is to protect and treat
• Proceedings are not considered criminal
• The purpose of the procedures is to punish the guilty.
• Individuals on trial do not have a right to a jury trial • Proceedings are considered criminal
Issues Impacting the Juvenile Court System
Research one of the following controversial issues in criminal justice. In a 200- to 300-word response, address the main points for and against the issue you chose. Confidentiality in juvenile proceedings
Waiver to adult court
Death penalty for juveniles
Death penalty for juveniles
The question of whether juveniles should receive the death penalty is a controversial subject for many. There are so many variables to consider regarding this subject. I believe this subject is relevant because in recent news reports we are increasingly hearing about juveniles committing some violent and heinous crimes. We don't normally think of juveniles as rapist, robbers or murderers, but when these crimes are committed by juveniles should they receive the same punishment as an adult who committed the same crimes?
Juveniles have been executed in the United States as far back as 1642. That first execution took place in Plymouth Colony, Massachusetts. There has been 361 people put to death for crimes committed when they were under the age of 18 in United States. There are other countries that execute juveniles, such as Iran, Saudi Arabia and Sudan. Most countries do not believe in the practice of executing juveniles. The United States abolished the execution of juvenile offenders under the age of 18 in 2005. The case before the United States Supreme Court was Roper v. Simmons in 2005, wherein the Supreme Court ruled that "the execution of people who were under 18 at the time of their crimes violates the federal constitutional guarantee against cruel and unusual punishment." This was a turning point in our country, and there were plenty of debates from people that did not agree with the ruling, and others who felt the ruling was the absolute right thing to do.
The United States is no longer sentencing juveniles to the death penalty, but some juveniles today have no respect for authority or themselves, no respect for human life and wreak havoc in our society. The taxpayers have to foot the bill for these adolescents to be housed in prisons for many years or sometimes for the rest of their lives, depending on the severity of the crimes they commit. There is no easy answer for this debate, and definitely not an answer that will satisfy everyone. What I take away from this is that there are sometimes issues in our society that there is no right or wrong answer. It all depends on your personal views and beliefs. The Courts, however, have the obligation of making a decision on the facts that are put before them. They can't allow their personal beliefs to interfere with their decisions to apply the law as it is written. Our youth in this country need parents to be parents.
I believe that one of the reasons that are youth end up in the court systems in the first place is due to the lack of parenting skills. A couple of suggestions to keep our youth out of the prison systems would be to make parents responsible for the acts of their children. What if parents could be made to face consequences for the acts of their children? This might reduce the number of juveniles ending up in the prison system. The debate surrounding the execution of juveniles will undoubtedly be a discussion we will be having as long as juveniles are committing these murderous acts. Final Project Position
Highlight the position you will defend in your final project.
The juvenile justice system should focus on rehabilitation. The juvenile justice system should focus on punishment.