Arrest, or referral, and intake are the first steps in the juvenile court process. A juvenile’s first interaction is usually a result of contact with a police officer. This occurs when a juvenile commits a serious crime and the police make an arrest. When the police make contact with a juvenile they have options as to how to proceed. Option one is to issue a warning. The officer would detain the minor, issue a verbal warning and then release them. Option two is to detain the minor, issue a warning and then release the minor into parent or guardian custody. A juvenile can also be introduced to the juvenile court process by referral. This is when a parent, teacher, social worker, or probation officer petitions the court to intervene. Option three is to refer the juvenile to a diversion program. …show more content…
Juveniles referred to diversion programs are usually status offenders or first-time offenders. Most diversion programs require a juvenile to complete a number of tasks or complete a rehabilitative process. At the completion of the program, most times the juvenile 's record is wiped clean, as long as it was part of the agreement. Diversion programs are used most to avoid putting the juvenile into the formal
Essentially, it is obvious St. Louis City juvenile justice has taken great strides in ensuring their clients partake in juvenile justice reform. Certainly, over the years this has been the center piece of the institution in providing a plethora of services, which compassionately meets many of the needs of its youth. However, despite the history and longevity associated with the St. Louis City’s juvenile system, including the uniqueness of the services they provide within the institution today. The need to further develop facility resources, which provides adequate programming and additional tools for its detainees and staff is continual. Clearly, the institution has undoubtedly exceeded many of its own expectations over the years, impressively
The matter by which juveniles are processed and handled in the criminal justice system vary on the model and philosophy being used in the proceedings itself. If Parens Patriae, or the Treatment Model was being used, The state would deal with juveniles differently than it would adult offenders, in a much more gentle and caring way, which would be considered informal and flexible. The judge would act in a very calm and caring manner, and would attempt to probe the roots of the child's difficulties. The Treatment Model views child delinquency as some sort of underlying personality problem.
The role of a predisposition report writer as a juvenile probation officer in the juvenile justice system is to provide the court with a full history of the youth offender, including everything from past criminal history, education, family history, and more. The predisposition writer’s job is to interview family, friends, teachers, victims, and the youth offender to compare all information and make a formal report of the events that occurred. The report will also highlight possible treatment plans, rehabilitation, restitution, or other sanctions. The goal of the predisposition writer in the juvenile justice system is to gather the best information possible through reliable interviewee’s so that the best treatment plan can be prescribed.
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.
After the initial requirements are done, a parent (guardian), attorney or probation officer must be present before any questioning is done. Even if the juvenile
Every year, thousands of adolescent children are arrested for commiting crimes. Every year, the courts must decide how to deal with these children. Juvenile courts use a variety of methods when dealing with juvenile delinquents. The two main techniques that the courts use are harsher methods focused on scaring adolescents out of further crime, and more compassionate methods focused on positive reinforcement.
Teen Court Teen court also known as youth courts is a juvenile justice system program that permits teens to try and sentence their fellow peers for committing minor and status offenses. The main purpose of the teen court is to make young offenders accountable for their wrong doing by paying the price for their offences. However this system keeps first time offenders away from the Juvenile system and gives them a chance to change. In order for a youth to be considered to serve on a teen court, the young individual must be 8th to 12th grade with good academic standing, the teen must be nominated by teacher, parent or him or herself, an application must be filled up and signed with the parent’s approval.
Waivers to the Adult Court There are several different types of waivers that can be used in the juvenile justice system to transfer a young offender to adult court, but the five most commonly recognized are the judicial waiver, prosecutorial discretion, statutory exclusion, reverse waiver, and blended sentencing. Judicial waiver occurs when a judge decides that a juvenile offender should be tried as an adult based on the severity of the crime or the offender's past criminal history. The judge may consider factors such as the age of the offender, the nature of the offense, and the offender's likelihood of rehabilitation. Prosecutorial discretion is where in some cases, the prosecutor may have the discretion to decide whether to try a juvenile
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).
Typically, when a judge decides to waive the protective rights the juvenile court has on a youthful offender it is for more serious crimes. This can also be applied to minors who have been in and out of the juvenile justice system. Fagan (2008) states that in some instances, transfer decisions made by juvenile courts to try juveniles in adult criminal court was primarily based on the severity of the offense. Some juvenile cases depending upon the severity or nature of the offense are transferred to adult criminal court through a process called a “wavier”.
By sending these juveniles to an adult court, they are facing the risk of being punished more harshly than they would have been if they were convicted in a juvenile court. Once a juvenile is involved with the criminal justice system, they are more likely to reoffend and continue being involved with the criminal justice system as they become
The court will usually come to one of two decisions, either being put on probation or being sent to a youth rehabilitation center. More commonly known as prison. During probation you will have to meet with an officer once a month for a period of time that will be decided by the judge. During probation they could give you a list of rules and guidelines that you are required to follow. Breaking any of these rules could possibly lead to being sent to a youth rehabilitation center.
A. Lead-in: Just as adrenaline had rushed through your body as you committed crimes worthy of countless years in jail. A stronger, more consuming feeling of fear pierces at the heart, which once felt pumped pure and fiery blood has now become frozen. The tears that once got you everything you wanted as child are no longer useful. The eyes of everyone in the room glaring at you and your petty crimes send shivers down your back and tears down your cold cheeks. Then, the judge towering over your head once again begins pounding his gavel over and over again making echoes that travel from each corner in the room into your ears.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
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.