Differences Between Adult and Juvenile Systems
ADULT SYSTEM
Status in question- To determine guilt or innocence
Goal of Preceding’s- determine offenders guilt or innocence
Representation- Both the adult and child have the right to council during criminal preceding’s
Release- Pending trial an adult may be released through bail or released on their own recognizance ROR (the promise to return to court to face the criminal charges)
Searches- Adults have rights defending them against unreasonable searches of person, home and possessions.
Nature of Proceedings- The nature of proceedings in the adult court is adversarial.
Trials- Adult trials are open to the public, adults have the right to a trial by jury.
Public Record- the results of the trial remain public record
Conviction/Delinquency- Adults when convicted are punished. Treatment or rehabilitation may be an option.
Self-Incrimination- Both adults and juveniles are protected against self-Incrimination
Arrests- Adult arrests require a warrant.
Treatment- adult offenders have no right to treatment other than medical treatment.
Incarceration- Adults are held in adult jail or prison facilities.
JUVENILE SYSTEM-
Status in question- Determine delinquency, whether the individual committed an act or violated a status offense.
Goal of Preceding’s- Best interest of the child; regardless of guilt or innocence.
Representation- Both the adult and child have the right to council during criminal preceding’s
Release- Pending the hearing the minor may be released into the custody of his/her parent/guardian
Searches- Juvenile offenders have limited rights relating to searches.
Nature of proceedings- The nature of proceedings in a juvi court is remedial.
Trials- Juveniles have closed hearings instead of trials. The right to a jury does not exist.
Public Record- Records are sealed and in some instances destroyed when a child reaches a certain age.
Conviction/delinquency- Juveniles when adjudicated or found delinquent, are protected and rehabilitated.
Status in question- To determine guilt or innocence
Goal of Preceding’s- determine offenders guilt or innocence
Representation- Both the adult and child have the right to council during criminal preceding’s
Release- Pending trial an adult may be released through bail or released on their own recognizance ROR (the promise to return to court to face the criminal charges)
Searches- Adults have rights defending them against unreasonable searches of person, home and possessions.
Nature of Proceedings- The nature of proceedings in the adult court is adversarial.
Trials- Adult trials are open to the public, adults have the right to a trial by jury.
Public Record- the results of the trial remain public record
Conviction/Delinquency- Adults when convicted are punished. Treatment or rehabilitation may be an option.
Self-Incrimination- Both adults and juveniles are protected against self-Incrimination
Arrests- Adult arrests require a warrant.
Treatment- adult offenders have no right to treatment other than medical treatment.
Incarceration- Adults are held in adult jail or prison facilities.
JUVENILE SYSTEM-
Status in question- Determine delinquency, whether the individual committed an act or violated a status offense.
Goal of Preceding’s- Best interest of the child; regardless of guilt or innocence.
Representation- Both the adult and child have the right to council during criminal preceding’s
Release- Pending the hearing the minor may be released into the custody of his/her parent/guardian
Searches- Juvenile offenders have limited rights relating to searches.
Nature of proceedings- The nature of proceedings in a juvi court is remedial.
Trials- Juveniles have closed hearings instead of trials. The right to a jury does not exist.
Public Record- Records are sealed and in some instances destroyed when a child reaches a certain age.
Conviction/delinquency- Juveniles when adjudicated or found delinquent, are protected and rehabilitated.