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Meghan Wallace Juvenile Justice- Dr.Samuels 02/26/15 Case Profiling Case: Breed v. Jones (1975) Waiver Case Issue: The violation of Jones fifth amendment of double jeopardy for youths. Facts: Gary Steven Jones was 17 years old, he was charged with for being armed with a deadly weapon and committing robbery.
Many other teenagers have committed crimes. The most common are: theft/larceny, vandalism, alcohol offenses, etc. Depending on the severity of the crime committed by these youngsters they could be tried as an adult. If they are tried as an adult there has been cases where kids 16, and at the youngest recorded 14, years of age
The facts, issues and court holding about the In re Gault case is that a 15 year old boy by the name of Gerald Gault (Jerry). Jerry was accused of making foul telephone call to one of his neighbors. This took place on June 8, 1964. Jerry and one of his by the name of Ronald Lewis was taken to a detention home and was arrested. Gault had a pervious arrest from stealing a wallet from a woman’s purse, him and another boy.
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.
The Prison Kids: Juvenile Justice in America documentary describes juveniles and how our justice system handles that kind of problem. Juveniles are different from adults, both physically and mentally, so why should they be treated like adults? Quite a few years ago, the juveniles system was created not to punish, but to rehabilitate. The juvenile system was purposely different from the adult system so that children are held responsible for their actions and that the system put them through some kind of rehabilitation program so that later, they can live an ordinary life. However, this documentary shows how children each year are go through a trial like adults and are sentenced and incarcerated just like adults do.
Which lays out a clear goal and set of guiding principles to help courts determine the right juvenile sentence. The goal of youth sentences is to hold young people responsible by enforcing penalties that have real repercussions for them, encourage their rehabilitation, and help them reintegrate into society. In this way, youth sentences help to ensure the public's long-term safety. The requirement that a punishment be proportionate to the gravity of the crime and the young person's level of accountability is a fundamental tenet of juvenile sentencing. In other words, the punishment must reflect the severity of the crime, the maturity of the juvenile offender, and the circumstances surrounding the crime.
The start to such severe punishment for minors began with what is referred to as the “summer of violence” which took place in Denver, Colorado in 1993. During the summer of ’93, seventy four people were killed in Denver, due to an increase in violence caused by minors. In order to try to gain control of the situation and to put fear into the minors in order to keep them from committing such crimes the governor at the time requested a special session in order to try to change the laws about how minors could be processed after committing a crime. As a result of said special session 11 laws were passed. One of which gave prosecutors the right to file charges against minors between the ages of 14 and 17 (Gardner, 2011).
There are many children who recommit the crime after they are released from juvenile detention, and the ones released from jail are less likely to the crimes they did before. If the children are tried in adult court they are more likely to be sentenced to periods of incarceration. If a child is tried in adult court or in criminal court depends on what the crime was and how old the person offending was. The children who commit serious that aren’t tried in criminal court often reoffend and end up back where they were
We have seen today in society of how crime rates have been rampant and how statistics show that most of the crimes were being made by minors. I believe that when most of them look at the bottom of these young offenders come disproportionately from impoverished single-parent homes that are located in the neighbourhoods desinvertido and have high rates of learning disabilities, mental health, and substance abuse and problems with the help of the system of juvenile justice that can make a great return on a successful transition to adulthood. Their ages ranged from 20 and under, most are under fifteen years of age. Juveniles tried as adults must assume the same consequences as any other criminal and are subject to state prisons with inmates much higher and that have probably committed crimes much more tortuous then you could ever have. These minors between the ages of nine to twenty according to the offence committed or of the number of times that are prosecuted and believe that it is immutable.
The Juvenile Justice System is different in a way that most systems cannot compete with because they look to better help the minor by placing the minor in the most reasonable and best situation for himher. In some situations today, minors are to be tried in a criminal court if the offense is serious enough. Juvenile delinquency refers to a
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.
Roughly 115 years ago, in Cook County, Illinois, the first juvenile court was established. As of 2011, there were a total of over one million juvenile cases in the U.S. Before juvenile courts were established, all juveniles, despite their age, were tried as adults, meaning that they received the same trial and sentencing that any other adult would. Prior to the new court system, cases regarding minors, were very relaxed and unprofessional. This proposed many problems with in the justice system, which is what caused the establishment of the first juvenile court. With the juvenile crime rate plummeting, the question of whether or not juvenile courts should be continued, comes up.
In our society, crimes are being committed not only by adults but by juveniles as well. By law as soon as a person turns 18 they are considered to be an adult. So what if an adult and a juvenile were to commit the same crime yet were sentenced differently simply based on the fact that one is a child and one is an adult? Juveniles are committing violent crimes just as adults and should be given the equal treatment and sentencing as adults receive. Juveniles aren’t completely ignorant as everyone seems to think.
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.
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
