Juvenile And Adult Courts: A Comparative Analysis.

1833 words - 7 pages

One dilemma that is an issue in our society is crime among our youths. Crime is everywhere that is caused by both adults and youth. Daily we hear of murders, robberies, and rapes that have been committed by juveniles. The Juvenile Court with Adult Court is different and similar in the criminal justice system.A look at the juvenile history in 1643 a sixteen year old boy was put to death for sodomizing a cow. Today many states disagree in the execution of juveniles. In the present day the increasing violence, both juvenile and adult system has changed over the years (Simmons 2002).The juvenile philosophy in juvenile courts was to offer the youth an individualized justice and treatment instead of imparting justice and punishment. The juvenile court is different then adult court and from earlier periods of American history was the idea of protecting the children.The focus is treatment and the best interest of the child in the disposition.Since the increase of serious violent crimes by juveniles policymakers have argued for tougher penalties are needed in deterring crime among juveniles. This caused an increase of juveniles in adult courts. It seems that tougher policies have not decrease or deter juveniles for committing serious crimes.There are five major ways juveniles get transferred to adult courts.1. Discretionary judicial wavier,2. Mandatory judicial wavier,3. Presumptive judicial wavier, when the burden of the proof is on the juvenile courts is more appropriate,4. Prosecutorial direction to charge in adult court,5. Statutory exclusion provision, which automatically exclude certain juveniles due to their age (Simmons 2002).Similarities: Juvenile and Adult.You can ask yourself two questions? Do juveniles who are in adults court getting treated harsh compared to theses in juveniles court? Do juveniles in adults court not repeat offense that those in juvenile court? According to the Serious Violent Juveniles Offenders study group no real study has been done on the two questions many of us ask ourselves.The juvenile/adult justice system refers to the police, the juvenile/adult courts, their intake and probation officers, attorneys for the state and the juvenile/adult/parents, juvenile/adults detention/jail faculties, juvenile/adult correctional faculties, social worker that place juveniles that are court ordered. Each area of the system has different discretions that keep the system in check. Juveniles/adults both have the right to receive Miranda warning. Juveniles/adults are protected from prejudicial lineups producers (Kalinich, Klofas, & Stojkovic 2003).Equivalent guidelines protect juveniles and adults from admitting guilt. Prosecutors and defense attorney both have a significant responsibility in both juvenile and adult advocacy. Juveniles and adults have both the right to a counsel for the court proceedings. Similarities of negotiation or plea barging exist in both juveniles and adults offenders. Juveniles and adults both have the right...

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