ipl-logo

Adult Courts Recidivism

1131 Words5 Pages

I. Thesis For generations, the argument whether juveniles should be waived to adult courts or not has been a prevalent one in our society. Some agree that waiving the juveniles to adult courts will reduce their recidivism rate, due to the harsh sentences and a lifelong record next to their name. However, in light of the argument these individuals fail to consider that the level of maturity of the juvenile is not the same as an adult. The cognitive development of the juvenile is still in process when they are underage, causing them to act impulsively without thinking about the consequences of their actions. In this paper, I will provide information as to why waiving juveniles to adult courts only causes their recidivism rate to increase rather …show more content…

During this time there was a rise in the rate of juvenile committed crimes. This rise gave the public the notion that the juvenile system had failed, and it also gave critics the chance to question the system and critique that the rehabilitation strategy was too lenient. At this point the juvenile court found itself at a crossroad where they believed nothing was working. By the end of WWII most states had most states including the District of Columbia had some sort of juvenile waiver law. This caused the initial rehabilitation attitude the court had toward juvenile to shift and the juvenile system started to parallel the adult criminal court. The change came with many issues, one of which was not being able to remove the juveniles out of the system once they were constantly coming in and out of prison. This stuck deep with the juvenile courts, and created the need for a reform. Producing the Juvenile Waiver, where juveniles convicted of serious crimes would go to a waiver hearing where a decision would be reached on the jurisdiction transfer of the juvenile to an adult criminal court (Jense & Metsger, …show more content…

(Rose 2003) IV. Juvenile Waivers: Not Effective. Although it has been constantly proved that this type of system does not work somehow our criminal system continues to use it. These are the following reasons why juvenile waivers do not work. • Criminal court judges inexperience with juvenile offenders, once they have been waived to criminal court (Steiner &Giacomazzi 2007). • Some children become the victims of this waiver, these are the ones who are being charged for a behavior that is not usually like them. Maybe they just needed a reality check or some sort of rehabilitation. These are the kids the juvenile system was supposed to protect and help. But waiving them to adult courts may just let them fall into the system and do more hard than good (Rose, 2003). • Since the Juvenile waiver was implemented judges started to focus on the actual crime committed not the individual himself and how they were able to help them. The rehabilitation aspect of the juvenile system was not a priority anymore (Park

Show More
Related

People V. Smith Case Summary

893 Words | 4 Pages

(JUSTIA US Law, 2018) “A defendant’s juvenile court history may reveal a pattern of lawbreaking and response to previous rehabilitative efforts” (JUSTIA US Law, 2018, p.

Read More

Crossroads Juvenile Center Research Paper

1622 Words | 7 Pages

There are indication that most criminals have a juvenile records in the US, indicating that crime manifests from a tender age. Therefore, to reverse the incidence of crime, it follows that the best strategy is to reduce the criminal orientation in the juvenile offenders as opposed to hardening them and preparing them for criminal careers. The case of the Crossroads Juvenile Center demonstrates the willingness of the juvenile justice systems to make these changes on the children. References Day, S. (2014). Runaway Man: A Journey Back to Hope.

Read More

In Re Gault Case Study

863 Words | 4 Pages

It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.

Read More

Evaluate The Elements Of The Australian Legal System

999 Words | 4 Pages

This is a much less adversarial system. This allows the court to remain relatively informal, with the aim of not isolating the juvenile form the legal proceedings, and allows them more involvement, making the accountable for their actions. In the case of Police v JM (2011) NSWChC 1, the key objective of the sentencing was rehabilitation. JM had breached the conditions of his parole when he was charged with aggravated break and enter resulting in the imposing of the most serious sentence available for juvenile offenders, a control order. To promote rehabilitation, a condition of his parole was rehabilitation for his alcohol abuse.

Read More

JJDPA Analysis

1292 Words | 6 Pages

The federal government’s “War on Crime” by the Johnson administration in the 60s made way for tougher law enforcement and surveillance (Hinton, 2015). However, with this came the separation of children and adults in the criminal justice system; then the separation of juvenile delinquents from status offenders. As mentioned, status offenders are different from juvenile delinquents because they had broken rules which apply to only children. Meanwhile, juvenile delinquents are youths under the age of 18, who committed offenses that would be punishable to adults as well. By the late 1960s, there became a growing concern that juveniles involved in the court-based status-offense system, were not getting their best interests met (Shubik & Kendall, 2007).

Read More

Juvenile Court Transfer Laws Essay

739 Words | 3 Pages

Typically, when a judge decides to waive the protective rights the juvenile court has on a youthful offender it is for more serious crimes. This can also be applied to minors who have been in and out of the juvenile justice system. Fagan (2008) states that in some instances, transfer decisions made by juvenile courts to try juveniles in adult criminal court was primarily based on the severity of the offense. Some juvenile cases depending upon the severity or nature of the offense are transferred to adult criminal court through a process called a “wavier”.

Read More

Juvenile To Adult Courts

348 Words | 2 Pages

Discuss and describe the process in which juvenile cases can be transferred to adult courts. Transfers, waivers, and certifications are all a formal procedures of moving a juvenile to adult court for trial instead of allowing them to remain in juvenile court. By moving a juvenile to adult court, it is then possible for harsher punishments to be imposed, for just deserts and severe punishments for violent offenders, fairness in administering punishments suitable because of one’s actions, a deterrent to decrease juvenile violence, less leniency compared to the juvenile court system, and a way for juveniles to accept responsibility for their actions. The process of transferring juvenile cases to adult courts is done through several different

Read More

Essay On Waiver To Adult Court

1857 Words | 8 Pages

Waivers to the Adult Court There are several different types of waivers that can be used in the juvenile justice system to transfer a young offender to adult court, but the five most commonly recognized are the judicial waiver, prosecutorial discretion, statutory exclusion, reverse waiver, and blended sentencing. Judicial waiver occurs when a judge decides that a juvenile offender should be tried as an adult based on the severity of the crime or the offender's past criminal history. The judge may consider factors such as the age of the offender, the nature of the offense, and the offender's likelihood of rehabilitation. Prosecutorial discretion is where in some cases, the prosecutor may have the discretion to decide whether to try a juvenile

Read More

A Summary Of The Eighth Amendment

1162 Words | 5 Pages

In today’s society of the United States Supreme Court has verified that vicious crimes committed by juveniles should always be punished with a life sentence in prison because of the violation of the Eighth Amendment. The Eighth Amendment is stated,” Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.” Life in prison without parole will cause juveniles to fail there own trust, immaturity, and will stay in prison with no help. Is it the juveniles fault of ending up in prison? Is it there daily life style at home?

Read More

Essay On Juvenile Custody

792 Words | 4 Pages

The adult criminal code applied to children, and no juvenile court existed. Until the 1960s, juveniles were not protected by the constitution because of the rehabilitative nature of the Juvenile Justice System. It was in that decade

Read More

Juvenile Justice System: A Case Study

305 Words | 2 Pages

In 1989 it became clear that the juvenile court and juvenile justice system started to separate all because society has a hard time differentiating between rehabilitation, and juvenile

Read More

Essay On Ethical Issues In Juvenile Justice

849 Words | 4 Pages

There are differences between a juvenile court and criminal court in the United States. The focus of the juvenile justice system is on rehabilitation, in hope of deterring the minor away from a life of crime so they will not commit a crime again as an adult. In contrast, the criminal justice system focuses on the punishment and often bases the sentencing outcome on the criminal history of the youth. In a study conducted, Butler (2011) showed that the participants’ experience with adult jails and prisons show that those facilities may instill fear but are otherwise emotionally—and often physically—dangerous for youth. Many of the adult prisoners, who were minors when they enter the adult institution, felt they were forced to “grow

Read More

Juvenile Justice System Essay

1480 Words | 6 Pages

The Juvenile Justice System has been getting more attention in the recent years. It is being discussed on how the system needs to change in order to help the youth involved in the system, rather than putting them in a prison for years. As someone who is going into the criminal justice field and who has a cousin that was charged as an adult and put in prison for ten to fifteen years, this topic is of great interest to me. It has forced me to think, how should the juvenile justice system change? With that comes issues and arguments about why it should or should not be changed, the purpose of this paper is in need of being discussed, the audience for this paper will be a wide variety of people, but the research on this topic is plentiful.

Read More

Juveniles Should Not Be Treated The Same As Adults Essay

760 Words | 4 Pages

Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

Read More

Juvenile Courts

1745 Words | 7 Pages

The legislators recognized that juvenile delinquent need it their own counts since juvenile are different and they should be treat with a different standard in determining if they are guilt or not. Consequently the juvenile court was created and one their mission was to help children in trouble. First juvenile court in the United State was established in 1899 in Chicago, Illinois. Thought rapidly gotten on most state to set up Juvenile Court System.

Read More

More about Adult Courts Recidivism

Open Document