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How should juvenile cases be treated differently from adult classes
The juvenile justice system in comparison to the adult justice system
The juvenile justice system in comparison to the adult justice system
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This is seen in the concepts of, age of criminal responsibility, the rights of young offenders when questioned or arrested, the procedures and penalties for children
Kids were put in juvenile for the most simplest minor offenses. Offenses such as arguing and disrespecting adults to getting into school fights. These little incidents were so minor and could had been resolved easily, yet teens got prison time for minor crimes. According to William Ecenbarger in his book Kids For Cash, he writes about the many different offenses that kids got into and how they were punished and treated for their minor offenses and put into juvenile, and how Judge Mark Ciavarella took advantage of this. Cases like a fifteen year old boy who gets charged for a misdemeanor for showing disrespect to his grandfather and being placed on probation.
Being charged with a crime is a serious matter, regardless of whether you are an adult or juvenile. There are some major differences, however, between adult and juvenile case proceedings. Below, a juvenile delinquency attorney from The Law Office of Gregory G. St. John, LLC in Waterbury, CT discusses the procedural differences between adult and juvenile court. Who Is a Juvenile?
The Youth Criminal Justice Act (YCJA) is a Canadian law that was established in 2003, replacing the Young Offenders Act. The YCJA was created with the intention of promoting rehabilitation and reintegration of young offenders, as well as ensuring that they are held accountable for their actions. The act recognizes that youth are still developing and should be treated differently than adult offenders. In this essay, we will explore the key aspects of the YCJA and how it has affected the Canadian justice system.
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law.
Similar to adults, children as young as seven getting placed into juvenile-detention facilities, 15,000 children, 8% of the children in juvenile detention have had no charges, for mental illness (Glazer, 2017). Children detention facilities are supposed to be structured to return children to society, however in recent years have begun to mimic adult prisons, ignoring their focus on rehabilitation. Children in the facilities become over medicated or receive no medication at all, while due to understaffing often never speak to a counselor (McDermott, S. 2016). Compared to adult prisons where 12-15% in adult prisons are severely ill, 65-80% of children are qualifying as severely mentally ill (McDermott, S. 2016). Theory suggest that children are
In 1908 the first big act was established, known as the Juvenile Delinquents Act. This Act helped give more proper punishments to youth. Before most youth offenders were given adult punishments, usually hanging, flocking, or being sent to a prison house which would tend to be in horrible condition. They treated criminal youth like youth that had been “misguided and mistreated”. The biggest problem with this act was the debate the age limits brought.
Contact with the criminal and juvenile justice systems obviously has significant negative consequences for anyone who is subject to arrest, booking and incarceration. It can be doubly traumatic for people with mental illnesses, and the resulting criminal record can impede their later access to housing and mental health services.
A rights-based approach to children accused of committing offences with a procedure-based framework was represented after the implementation of the Act effective form 1 April 2010 (NPF 2010). The Child Justice Act No 75 of 2008 is still in the foundation phase with regards to infrastructural responses. Although some existing prison facilities were converted to cater to the needs of children, the nature of the building complex and character thereof leaves a bitter reminder of the dark past of our nation. Some new facilities have been developed in recent years but much is still to be learned in the successful handling of children in conflict with the
Violent crimes receive the harshest punishments, and it is said that the same should carry forth and continue for children as well. Many people believe that the age factor is taken into consideration rather than focusing on the crime factor when it comes to the juvenile courts. This is the wrong approach because it does not focus on the main problem which is the crime that has been committed. It is also said that the juvenile courts do not aim to punish, they are just merely to guide and treat. This is believed to not serve any purpose because this no way guarantees there will be no crimes committed henceforth (Borkar).
Juvenile Justice Should juveniles get treated as adults that’s one of the biggest controversy in our nation now days, with many juveniles committing crimes that are inconceivable according to their age. Judges have the last word on how to treat this young people. Many people argue that “the teens that are under eighteen are only kids, they won’t count them as young adults, not until they commit crimes. And the bigger the crime, the more eager this people are to call them adults” (Lundstrom 87). This is why people can’t come to a decision as how these young people should be treated like.
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.
Under section 69 – Juvenile Justice (Care and Protection of Children) Act, 2000, the Juvenile Justice Act, 1986 has been repealed. According to Section 20 of the new Act, all proceedings in respect of Juvenile pending in any court on the date on which this Act comes into force, shall be continued in that court as if this Act had not been passed and if the court finds that the Juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of Juvenile, forward the juvenile to the board which shall pass orders in respect to that juvenile in accordance with the provisions of this Act. According to opening sentence of the new Act, this is an Act to consolidate and amend the law relating to juvenile in conflict with law and children in need to care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a chid-friendly approach in the adjudication and disposition of matters in the best internet of children and for their ultimate rehabilitation
Treatment rather than Punishment Thesis Statement: Children, as innocents and infantile, are unconsciously doing unwanted acts that may violate our laws, therefore insufficient guidance from family, environmental factors syndicates, poverty and problem on education, which are the main rationales for their involvement on crimes should be given corresponding solution by the government. INTRODUCTION Juvenile delinquency means that a youth specifically those who are below 18 years old commits an act that is against the law. It can also be used as legal term for the criminal behavior carried out by minors. According to UNICEF, an average of 10, 500 minors are being arrested and detained every year – about 28 children every day, or more
If we look at the different criminal justice systems around the world, most countries have laws or regulations stating the “age of criminal responsibility” (Maher. G). However, there has been no clear international standard identified regarding the age at which criminal responsibility could be reasonably charged for a juvenile offender. The Convention on the Rights of Children (CRC) appeals parties to establish ‘a minimum age below which children shall be
