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 and factored in if the individual is old enough to understand the situation and face the consequences of such actions (Champion, 2010). These cases are typically referred, by a social worker, parent, teacher, or by law enforcement. Depending on the crime, the judge determines if the juvenile will be tried in a juvenile court or in an adult court. After an arrest, evidence is collected against the person, the juvenile is assigned an attorney, and they must face a judge to determine the actions against him or her. The juvenile can face detention, probation, or the case can be dismissed if it does not merit prosecuting. A few things can happen; they will be taken into custody of social services, or go to juvenile detention after the more formal proceedings have taken place. Juveniles may also be given other sanctions, such as restitution, or they may be placed in some confined setting such as correctional facilities (Meyer & Grant, 2003, p. 502). In more severe cases of convicted juveniles, they may be tried as an adult and go to a prison, if the child has not expressed any remorse when professionals have determined if he or she has expressed no interest in rehabilitation. This is a severe alternative to the purpose of deviating children in the right path and makes them responsible for their actions. Juvenile offenders should not always be treated as an adult. An adult can understand consequences and rebuttals; however, young children sometimes cannot. Comparison of Juvenile & Adults Courts
“You cannot teach old dog new tricks” is a common phrase that explains that it is extremely difficult to teach someone a new behavior as his or her age decreases. The juvenile court system focuses on rehabilitation and detention, so that the youthful offender also referred to as the delinquent, will learn from their bad decision, and make better choices. Included in their juvenile court process, is the judge only trial, reviewing, and taking into consideration the background, and special circumstances that may cause the judge’s decision to be more lenient. In the adult court system, the offender is referred to as the criminal and the objective is to protect the society or local community from the criminal, while punishing them. Adult Court and Juvenile Court
Different from the juvenile court, there is a judge and jury reviewing and considering the case presented before them in the adult court system. 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...
References: Champion, D. (2010). The juvenile justice system: Delinquency, processing, and the law (6 ed.). Upper Saddle, NJ: Pearson/Prentice Hall.
Komisaruk, K. (2007). Differences between juvenile and adult court. Retrieved from Just cause law collection: http://www.lawcollective.org/article.php?id=64
LaMance, K. (2012, May). How doe sthe juvenile criminal system differ from adult criminal system. Retrieved from Legal match: http://www.legalmatch.com/law-library/article/juvenile-vs-adult-criminal-system.html
Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Prentice Hall.
Office of juvenile justice and delinquency prevention. (2011). Retrieved from Trying juveniles as adults: An analysis of states tranfser laws and reporting: Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/232434.pdf
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Pacific juvenile defender center. (2009). Retrieved from California juvenile court process for delinquency cases: Retrieved from http://www.pjdc.org/wp/wp-content/uploads/2009/06/Fact-Sheet-for-Upload-Juvenile-Court-Process.pdf
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