Criminal Law Foundations evaluation paper

Topics: Crime, Juvenile delinquency, Criminology Pages: 5 (1635 words) Published: September 22, 2013


Criminal Law Foundations Evaluation
Georgette Heisterman
CJA/484
July 28, 2013
NIcholas Barbella

Criminal Law Foundations Evaluation

The Juvenile Justice System
Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," n.d.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parens patriae allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist communities to prevent delinquency by providing services to the community and youths in high risk of subduing to criminal activity ("Cornell University Law School," n.d.). The Federal Juvenile Delinquency Act describes juvenile delinquency as an act that is a criminal but is set forth by a youth under 18 years of age. It applies rules that state laws must abide by with concern to juvenile court processes and reprimands ("Cornell University Law School," n.d.). Comparison of Juvenile and Adult Courts

There are major differences in procedure between the juvenile and adult court systems. In the juvenile system the defendant does not receive a jury trial. The juvenile goes before a judge who decides if a law was broken and what the appropriate punishment is for the youthful offender. Bail that is also commonly used in the adult system is normally not given to minors in the juvenile system. For a juvenile to be free before adjudication, he or she must prove, they are not a flight risk or a further danger to society. Juvenile courtrooms, unlike adult courts are also not open to the public or media because of preserving the privacy of minors in the system ("Just Cause Law Collective," 2007). Oddly, punishments for juveniles for smaller offenses are sometimes more strict than an adult would face. Probation sentences can be much longer and have many additional terms, such as keeping up grades in school, obeying his or her parents, and abiding by a curfew. Juveniles facing punishment for more serious offenses however do stand a better chance of early release where most adult offenders could face up to life in prison for the same crime. This happens as a result of most juvenile sentences ending once the youth reaches his or her twenties ("Just Cause Law Collective," 2007). Constitutional Safeguards

Criminal juvenile proceedings are kept private when the criminal is juvenile. Juvenile records are also sealed when the juvenile becomes an adult. Names are on ice from newspapers and news reporters unlike in adult criminal cases. Court cases for juveniles are secure to the public with only people pertinent to the case being allowed into the courtroom to protect the identity of the juvenile. Safeguards for juveniles differ from those of adults because juvenile proceedings are kept private whereas those for adults are open to the public. The identity of an adult is...


References: Campaign for Youth Justice. (2010). Retrieved from
http://www.campaignforyouthjustice.org/documents/UCLA-Literature-Review.pdf
FindLaw. (2012). Retrieved from
http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html
Jones, W. G. (2006). U.S. Departemnt of Health and Human Services. Retrieved from
http://www.childwelfare.gov/pubs/usermanuals/courts/chapterfour.cfm
Just Cause Law Collective. (2007). Retrieved from
http://www.lawcollective.org/article.php?id=64
MirandaWarning.org. (2010). Retrieved from http://www.mirandawarning.org/
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