Discuss and describe the process in which juvenile cases can be transferred to adult courts. Transfers, waivers, and certifications are all a formal procedures of moving a juvenile to adult court for trial instead of allowing them to remain in juvenile court. By moving a juvenile to adult court, it is then possible for harsher punishments to be imposed, for just deserts and severe punishments for violent offenders, fairness in administering punishments suitable because of one’s actions, a deterrent to decrease juvenile violence, less leniency compared to the juvenile court system, and a way for juveniles to accept responsibility for their actions. The process of transferring juvenile cases to adult courts is done through several different
The current state of the juvenile justice system is one which has created an immense debate between a variety of people in the United States. The main question in this debate boils down to the issue of whether children should be able to be tried as an adult with no regard to their age. The juvenile court system is a separate entity from adult court which is used to handle the criminal cases of the youth in America. In the present, some children have their ability to fall under the jurisdiction of the adult courts revoked due to the gravity of their crimes. This should not be the case as the juvenile court should be given the ability to treat juveniles the way they should be.
During early history, juvenile offenders we're treated the same as adults. Juveniles would be arrested, taking into custody and imprisoned in the equivalent facilities as adults. Back then punishments we’re the go, as for now, we have rehabilitation and treatments. “parens patriae” also known as the State, was established, they believed it would resolved the offenses being committed by juveniles. Parens patriae gave the state the right to make decisions for the child in replace of their parents.
This week, I was able to attend court each day I was present in the office. Tuesday, I observed Bond Hearings. During this process, the judge asks the defendants various questions while taking their guilty plea, such as their highest grade completed, age, ability to read and write, were the under the influence of any illegal substances, the charges presented against them and if they were satisfied with the representation of their attorney. One of the common themes with most defendants is that they did not complete high school, which in my opinion directly correlates the probability of committing and crime with education. There was also an individual who originally was going to be sentenced under the first offenders act, but after the judge gave the discloser that he could be sentenced up to ten years if he did not comply with the terms and conditions given by the court, he decided that he did not want to take the first offenders act.
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.
The juvenile court system is a fixture of the justice system with many moving parts. Each component and member of the court system are essential in carrying out their common goal. By helping operate a complex system built to rehabilitate juveniles, these people, and the programs they run, prevent juveniles from reoffending, benefit them, and help them towards the path of becoming a productive member of society. For as long as juveniles have existed, so has the need for discipline.
From an administrative and monetary perspective, there are very little differences between the juvenile and adult justice systems thus, combining the two would allow for the pooling of resources, streamlining of procedures and elimination of redundancies. In addition, assuming that some of the practice carries over from the juvenile system to that of the adult, offenders from both could benefit from the sealing of records and the use of closed proceedings; we could eliminate stigmas. Nevertheless, combining the two does nothing more than feed the criminality of the young. There is a distinct difference between the adult offender and the juvenile offender; the developing mind. The young may be impulsive and reckless which contributes to
Per the website Study.com (n.d.), Juvenile Probation Officers’ primary job duties are supervising youth who have been in the juvenile justice system. Typically, these juvenile offenders have recently been released from juvenile detention and have returned to live with their families. The purpose of a Juvenile Probation Officer is to prevent the juvenile from reoffending. To prevent reoffending the Juvenile Probation Officer regularly meets with the juvenile and their families to ensure the juvenile is following the guidelines of the courts ("Juvenile Probation Officers | Job Description and Duties," n.d.).
Juvenile court has come a long way from not giving juveniles rights in the court system, but now juveniles have rights, and society should understand and learn that even though juveniles are young at committing crimes, or even a part of the crimes they must have rights even away from adult offenders who could hurt them, and the court system who has to go by the law should give them the appropriate punishment based on the state law.
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.