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4. The fact is that considerable similarity exists between the juvenile and adult justice system. Both consist of three basic subsystems and interrelated agencies. The flow of justice in both is supposed to be from law violation to police apprehension, judicial process, judicial disposition, and rehabilitation in correctional agencies.
In an article about juvenile justice, it states, “Legislators have finally started to realize that treating juveniles just like adults does more harm than good,” says David DeMatteo, a professor of law at Drexel University in Philadelphia,” (“Juvenile Justice”). This supports Bryan’s claim of how juveniles were misunderstood in the past. This misunderstanding had caused most juveniles to end up in adult jails where they were mistreated and suffered from assault and abuse. Stevenson also stated that, “Many states had changed their laws to make it easier to prosecute children... Alabama had more juveniles sentenced to death per capita than any other state or any other country in the world,” (Stevenson, 93).
The Supreme Court’s approach to the constitutionality of an automatic life sentence for juvenile homicide offenders focused on youth charged as juveniles while failing to acknowledge the modern trend to transfer juveniles to adult court for prosecution, resulting in a failure to incorporate protections for juveniles sentenced in adult court. Part II of this comment will review the history of case law concerning sentencing of juvenile offenders. Part III will evaluate the details and holding in Booker. Part IV will evaluate the Court’s reasoning in Booker. Part V will suggest how the Court may further protect juveniles in the justice
As we study the criminal justice system, it is essential to understand how adults and adolescents operate in a court of law. Adult and juvenile court systems are similar but different. Due to this, there are some considerable similarities between the Adult and Juvenile Justice systems, especially regarding rights. For instance, a lawyer, cross-examination of witnesses, and the Fifth Amendment right against self-incrimination are all rights each has. It is also vital for people in court to understand what they are facing.
The juvenile system was designed a long time ago to try and rehabilitate also to reform juveniles that committed crimes. In some cases, juveniles today have evolved to many more adult crimes. Many of these crimes have come on the form of raping’s and murders. The original
Doing away with juvenile courts would “assure greater procedural regularity in the determination of guilt” and eliminate the immense amount of subjectivity involved (Feld). Although this may assist in assigning guilt among juvenile offenders in more serious crimes, it may be slightly extreme to try minors in criminal court for petty offences. Feld addresses the apparent problem of subjectivity and trying minors in criminal court would help diminish that bias, yet he only considers the application of more serious crimes that would have mandatory sentences of five years or more, not both the serious crimes and the approach to smaller-scale crimes. Although he remains somewhat blind to part of the overall argument, the information provided is well researched and knowledgeable. Feld himself is also highly
She focuses on the shift made my the United States Supreme Court in it’s approach to juvenile sentencing since 2005. According to the article, the ideological shift has occurred as a response to the increase in biological and sociological studies, which points towards a fundamental difference between juvenile offenders and adult offenders. The note presented within the article addresses how the new mandates by the Supreme Court have been implemented around the country, with a focus on statutory changes Illinois should making moving forward. The note argues for the removal of lengthy, consecutive term–of–years sentences, based on the idea that it does not give juvenile offender the “meaningful opportunity for release” required by Graham. Secondly, the note argues that Illinois should amend its sentencing statutes to requires judges to consider several factors, while on record as a sentencing hearing, before sentencing a juvenile homicide offender to life in prison.
Juveniles who commit a major crime (think of murder) might be let out earlier than an adult who also commits because they are in the juvenile system. “Violent crime rates and juvenile crime have been in a steady decline over the past 20 years; however, reforms to restore the juvenile court system to its original vision have not been as swift” (Marsha Levick). This evidence is important because it shows the importance of the Criminal Justice System and how it protects the
Discussion 1: Juvenile justice court vs. adult criminal court During the early 19th century, the United States government sought a solution to prevent mixing young and child offenders from adults and hardened criminals, thus introducing the juvenile delinquency system (Redlich &Bonventre, 2015). Juvenile courts are specifically designed to deal with offences involving minors aged between 10 and 18 years, whereas adult criminal courts prosecute adults who have attained the minimum age of 18. The system varies in different states because some allow 16 and 17 year old juveniles to be tried as adults depending on the nature of the act or crime committed. The two courts are similar on the account of rights provided to the offenders.
Lara Makableh Barlas ERWC, 3rd Period 8 December 2017 The Controversies in Juvenile Justice Much debate exists on the topic of whether or not juveniles ought to be tried and sentenced to the same degree as an adult. The individuals who carry out capital crimes, including juveniles, should be punished according to the law. Age should not be considered a factor when taking into account cases of violent crimes. Many individuals claim, however, that teenagers do not know any better, or that they were raised with the conception that this conduct is acceptable.
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
There are many significant differences between Adult and juvenile justice systems. There are also a lot of similarities between both justice systems like they both get tried the same way depending on what crime they committed. As an examlpe, if a kid committed a murder they will get tried like an adult. Also in both cases, the accused has the right to a trial/hearing, the right to an attorney, and the right to call witnesses and cross-examine the prosecution witnesses. In both cases, There is also the right for the offender to avoid self-incrimination and have notice of the charges against them.
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.
Teenagers are not perfect, and their irrational behavior can lead to poor decisions that could potentially be dangerous and unlawful. A debate has now occurred for many years that deals with the issue of sentencing teens that have committed serious crimes such as murder and robbery. Many people argue that if juveniles commit these crimes that their punishment should be equal to an adults punishment for serious crimes, but juveniles shouldn’t have to worry about their lives getting ruined. Most juveniles and teenagers do not have enough maturity to survive in the adult prison system, and recent brain development research shows us that teenagers brains are not even close to being finished developing. Therefore, teenagers and youth under the age of eighteen should
