Juvenile Court System Essay

There are four Correctional modules in the juvenile justice system: The treatment model, the justice model, the crime control model, and the balanced and restorative justice model. The Parens patriae, or treatment model, is a more informal and flexible procedure. In this model a juvenile judge would probe the root causes of the child’s difficulties. The justice model is the concept of just deserts, in that violators are responsible and should be punished. The punishment received by juveniles however, must be proportionate to the seriousness of the crime.

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.

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”.

There are several challenges facing the juvenile justice system. In the past years prior to the 21st century there are difficult cases and justifying situations that truly can’t be ignored when it comes to deciding the fate of a juvenile. The stress that juveniles are presented with in today’s society are unbelievable and the it gets to the point to where a lot of factors can affect the lives of our children such as an unstable environment, more pressure into substance abuse, and no reliable sources of community help. While juveniles are having a harder time today they are involving their self in actions at even a younger age. An ordinary result of these hardships along with the daily life is frustrating at their age.

As a predisposition writer in a juvenile setting the probation officer will be tasked with the important process of writing a report for the judge to take into consideration. A Predisposition report consists of the client’s complete prior history. The probation officer that writes these reports is required to gather all the information that they feel will be necessary to make a proper judgment on the juvenile. Probation officers will collect information on the juveniles past history with law enforcement, family problems, mental health issues, what they client feels are their needs and wants, and numerous other issues that may arise during the meeting. Once this information is gathered and concluded to be factual the probation officer will

4 – Question #11: (Ch 9) Juveniles may be represented by several different types of individuals in court, this includes: court-appointed and private lawyers, public defenders, special advocates, and guardian ad litem – who represents the juvenile often depends on the case its self. To begin, a court appointed lawyer may either be an attorney or a public defender – both of which represent defendants who do not have the financial income or money to obtain a private lawyer. An attorney is typically drawn from a roster of practicing attorneys in the jurisdiction of the case. On the other hand, a public defender is a full-time salaried employee.

The role of Attorney for a juvenile is complex. Is the attorney held to the same moral standards when defending juveniles as he/ she is when defending an adult? Juveniles are not mentally and educationally mature to understand the law, the extension of what their offense is, or how it impacts those around them. Often attorneys have the dilemma of having to decide to override their clients wants and decisions because they know they genuinely have their clients best interest.

How a juvenile is adjudicated in a federal court can be different from that of a state court. For a juvenile to be adjudicated by a federal court, it must be an act of a violent felony, drug trafficking, importation offense, or a firearms offense (18 U.S.C. § 5032). The act must be a federal criminal violation committed before the age of 18 (18 U.S.C.A. §§ 5031-42). A United States Attorney must prove jurisdiction by certifying that the juvenile case can be heard in a federal court or refer to a state court (28 C.F.R. 0.57). A juvenile must be tried in a federal court within 30 days (18 U.S.C. § 5036).

In America, most of the crime is committed by juveniles. In fact, the justice department estimates that about 10% of all homicides are committed by people under the age of 18 (Clarke, 2015). Once minors commit a crime, they are tried in a court system that is either the juvenile justice system or the adult justice system. Both of these court systems have similarities as well as differences. The similarities show how the much the juvenile and adult courts have in common and how they are not too different from one another.

Some juvenile cases can be transferred to adult court through a process called "waiver”. Usually juvenile cases that are subject to waiver involve more serious crimes and incidents.. Although being tried as an adult has its pros and cons. A juvenile being tried as an adult has more constitutional protections then a juvenile case. However there is more potential for a more severe sentence and the possibility of serving time in an adult correctional facility.

What are the conditions that allow a juvenile to transfer into the adult court system? Nevertheless, there are times and situations that involve a juvenile to be transferred to the adult court system. Nonetheless, this transfer is done through a process called a waiver. Nevertheless, when a waiver is granted, the juvenile judge is waiving the protections provided by that of a juvenile court. Consequently, there are different considerations that a judge may consider when deciding if to transfer a juvenile to the adult court system.

A key to providing appropriate punishment across a wide range of cases is the transfer process. In some states, judges decide whether to grant the state’s request to move a juvenile to adult court; in others, removal is automatic for certain specified crimes, usually murder. This is how we separate out those few crimes committed by juveniles deserving of adult trial and punishment. Bound over to be tried as an adult on crimes that are seemingly to be committed by adults, but yet are carried out by juvenile offenders, also.

The Juvenile frameworks is confronting and always developing issue in today's general public. The issue is youngster Abuse and Neglect; this is an issue that is filling the courts to the maximum. The framework confronts this kind of telephone call about each 10seconds. This is an enormous issue progressing with the always contracting spending plans and accessible staff to help the youngsters. The Juvenile Justice System has enormous test to help every one of the youngsters that are casualties of some type of misuse.