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The Juvenile Justice System In In Re Gault

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The Juvenile Justice System is the primary system that deals with kids from the age of 10-17 that has committed a crime. The juvenile justice system intervenes with police, court and correctional involvement. From back in the days they had a concept of separating legal framework for juvenile offenders because they had young kids and accused of doing wrong and they were in prison with the adults. In the beginning of the 19 century, they reform the first juvenile house in the United States, which opens 1824; this was the first house juvenile offenders in a separate facility and other states. Researchers and scientist develop in the 18 and 19 centuries that they will not mix youth offenders with adults or punish them similar to an adult than rather just rehabilitating them. …show more content…

It changes when the Supreme Court decision in In re Gault in 1967. They determine that since the juvenile were civil proceedings, they should still face a loss of liberty. For that reason the Supreme Court subjected that all children involved in the juvenile court proceedings or facing serious time, they have the following constitution rights: receive notice of charges, obtain legal counsel, confrontation and cross-examination, the privilege against self-incrimination, to receive a transcript of the proceedings, and have an appellate court

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According to the book, Lost Angeles County is the largest juvenile justice system in America; yet, the home for most of the youths who have committed grievous crimes. Home for those who seems to have a chance at rehabilitation but are sentenced to adult prison for no logical reason while some youth are freed with little consequences after committing a violent crimes. This is a shameful thing that needs to be corrected in the juvenile justice system. Two and half million children under eighteen are being arrested in the United States in a year, three out of four will be released as if nothing happened, their cases will be dismissed because they are too minor for the system to break-down or too difficult to try. The repeated offenders will receive a meaningful punishment when their offenses have progressed to a more serious level.

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The juvenile system is a ¨far cry¨ from justice (Estudillo). There have been many cases where minors are getting away with crimes that if they were tried as adults then they would pay the consequences for their crime. No amount of rehabilitation will help the minors, they will continue to do crimes as soon as they get out of the juvenile system. People should be worried about this issue because people of this world cannot let crimes go without the proper punishment. The victim's family will feel that they were treated the way that they should have been.

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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.

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The purpose of the juvenile system is to focus on the reasons for their behavior rather than focusing on the being guilty or innocent, like how the adult court system works. Having community based restorative justice is one of the main targets the system should focus on with juveniles. Community based restorative justice focuses on the harm that was caused and what needs to happen in order to be better. I also believe that getting juveniles involved in community service will only do good for the kids as well. Another statement mentioned in the article “Juvenile InJustice: Charging Youth as Adults Is Ineffective, Biased, and Harmful” they write, “When we lock up young people, they are more likely to be exposed to extreme violence, fall prey to abuse, and suffer from illness.

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The juvenile justice system of the 1800’s is much improved in today’s society and still undergoing changes to improve the system. Henceforth, it can be noticed that the juvenile justice system of the 1800’s until today has undergone drastic changes in such a way that offenders be it youth or minor are tried differently from the adults in all states These changes can be seen when the Juvenile Justice System was under the English Common Law, the colonial era, the industrial revolution era, and the Victorian era. There are more programs developed in today’s Juvenile Justice System, as well as young offenders with regards to age are processed separately, and are not necessarily referred to as chattel due to how profound the juvenile system has

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Juvenile justice policies have determined how juveniles are handled in the criminal justice system. During the colonial period, juveniles were treated like adults and were prosecuted accordingly. Children were arrested, tried and held in institutions with adult criminals and many of them were mistreated. Reformers saw a need to separate juvenile offenders from the adults and rehabilitate them. Reformers campaigned for the focus of punishment to be shifted to rehabilitation by changing the juvenile’s behavior.

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, First, let's talk about the juvenile correction process. Charges brought up against juveniles are brought by the state not a victim. Juveniles, typically 18 years and younger, commit delinquent acts. Once a delinquent act is committed and the state has brought up charges, the juvenile justice systems look to treat and rehabilitate offenders rather than incarcerate them. First, as in adult cases as well, an investigation is conducted and charges are brought up.

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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).

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The ones in the juvenile system often reoffend and end up back in the same place. If the juveniles aren’t tried in adult court for serious crimes their punishment won’t be as long and they will commit the crime again and again. The crimes that the children commit would probably go down if they are tried in the adult court. Some of the children that were transferred to criminal court were more likely to be convicted and receive periods of incarceration. If juveniles aren’t tried in adult court they get off of the crime they committed easier.

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In 1967, the Supreme Court’s decision in In re Gault validated that juveniles fall under the United States Constitution, and therefore have a right to a competency test (Romaine, Kemp, & DeMatteo, 2010). It is in applying the Dusky Standard to juvenile cases that the statute becomes unclear – it is much more uncertain whether Dusky applies equally to juvenile court, and if Dusky standards should be different for juvenile defendants in criminal court (Sanborn, 2009). Twenty states consistently process defendants in juvenile court without a clear standard for CST, while eighteen have implemented detailed standards on CST in juvenile court (Sanborn,

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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.

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Imagine being a child imprisoned for committing a crime for which you did not understand the consequences. Alone and afraid, with only hardened criminals and psychopaths as adult role models, you live in fear. Through a vicious combination of physical, sexual, emotional, and mental abuse, there is no option but to turn back to crime as an adult, and continue the cycle. This is a daily reality for thousands of American juveniles. Yet, we continue to call it the juvenile justice system.

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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

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There are five ways in which a juvenile can be prosecuted in adult court. One way is through a judicial wavier, this is allowed in most states, where judges have the discretion to have a youth’s case tried in the adult criminal court. The second way is through statutory exclusion, twenty-nine states automatically require a juveniles’ case to be tried in the adult court based on the age of the youth and/or the alleged crime. The other three ways are allowed in fewer states and include direct file or “prosecutorial discretion” where juvenile court judges the decision to have a youth 's case tried in the adult criminal court. There also mandatory waivers in few states which require juvenile court judges to automatically transfer a youth 's case to adult criminal court for certain offenses or because of the age or prior record of the offender.

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