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History of juvenile justice system in america essay
History and development of the juvenile court and justice process
History of juvenile justice system in america essay
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MILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.
I have been volunteering with the Juneau Youth Court (JYC) for the last year and a half. JYC is an alternative court system ¬operated by students for offenders who are under 18, and allows teens who have pleaded guilty to misdemeanor offenses such as Minor Consuming or Shoplifting to have their case heard outside the state court system. When an offender has completed their sentence imposed by JYC, their case is dismissed; if they don’t go through JYC or don’t complete their sentence, their charges will remain on their record. JYC attempts to use a restorative justice approach to discipline rather than simply imposing a punishment so that young offenders will realize the harm that they did, and make restitution.
Supreme Court cases can shape our national laws; it can shape an American citizen’s future. Without them, the Bill of Rights could be left up for our own interpretation. This could cause unfair laws and create havoc. In 1966, a court case named Kent vs United Sates took place. This case could create the ability to shape a juvenile's life forever.
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.
Juvenile Justice Essay We are living in a society that thinks, acts and decides the way they live differently. Each individual has the capacity to decide and the ability to make their own choices. Around us we can see many things happening. One of them is the juvenile violence that each day the amount of crimes raise, and make the Supreme Court want to treat juveniles as adult when they commit a violent crime.
“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.
While in the background of the officer reading the juvenile file, seated behind Lani was her mother. Puffy red eyes since refusal of sleep, salty tears dripping down her face, with heavy sobs that echoed through the courtroom. The courtroom began to look at the blur with color. The misery this mother felt locked in her throat, also feeling as if nothing matters now. As the third offense was being read, Lani finally glimpses to see her mother, and in clear view she saw a heartbroken mother.
Youthful offenders go to juvenile justice charged with the different detention custody, diagnosis. They have a Department of Youth Services (DYS) is for comprehensive and coordinated program also have youth referred. They DYS has to employ medical, dental, psychiatric, social work, psychological, investigative, legal. The History of Juvenile was Massachusetts in the (1906-1996) and children charged with crimes and any other defendant under age seven. Initial Theory and treat juvenile offenders also guidance rather than as criminals.
In the late 1960s and early 1970s, the United States Supreme Court issued a number of decisions that expanded the rights of children in juvenile court proceedings. The Court began extending due process rights to juveniles in Kent v. United States. The Court no longer accepted the premise that children should not have constitutional rights because of the special nature of the juvenile court. According to the Kent Court, "the child receives the worst of both worlds: that he or she gets neither the protections given to adults nor the solicitous care and regenerative treatment postulated for children" "(Kent v. United States 383 U.S. 541 (1966)", 2015, para 35).
Competency to Stand Trial In criminal court, when the question of CST is posed, the court requests an evaluation from a mental health professional on knowing whether the defendant has any mental illness or mental defect that would interfere with their ability to participate in proceedings of the court (Pillay, 2014). The court also seeks evidence from a mental health professional on whether the defendant had a mental illness or mental defect at the time of the examination, and by that, likely, the time of the trial (Pillay, 2014). There are standardized assessment tools that have been developed to help assess adult competency (Baranoski, 2003). Although there is no statutory distinction between adult and child competency, most courts recognize that cases with adolescents are different (Baranoski, 2003). In this case, a competency evaluation is adjusted to meet the needs of the juvenile and the court (Baranoski, 2003).
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.
The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
For a juvenile to transfer into the adult court system a juvenile must be charged as a youthful offender. Youthful offenders often pose a threat to the community and/ or have committed a violent crime. State legislation has passed youthful offender laws permitting juveniles to be charged as an adult in criminal proceedings. Oklahoma passed the Youthful Offender Act in 1998. To be charged as a youthful offender a juvenile must meet certain requirements and crimes.
A juvenile judge decides to waive juvenile to adult court under judicial waiver provisions, a prosecutor decides under prosecutorial waiver, and a legislature decides under legislative waiver. The offender’s age and the offense committed have usually been the criteria to determine who is eligible to be waived to adult court. These restrictions depend on state law. Some states allow only older juvenile offenders (14, 15, 16; 17 years old) to be waived to adult court, while some allow any juvenile regardless of age to be waived. Some states allow only offenders who have committed violet offenses to be waived to adult court, while other states allow juveniles who have committed property and drug offenses to be eligible for such waiver.
