Parens Pariae: The Juvenile Justice System

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.

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.

The case of People v. Smith in the Supreme Court of Michigan was a landmark case for the state. With the court determining its holdings on the lower trial courts sentencing guidelines and practices concerning the use of juvenile criminal records in adult criminal cases (People v. Smith, 437 Mich. 293 (1991)). The State of Michigan did file an appeal to the Supreme Court of Michigan concerning the decision by the Lower Court of Appeals in the case of Ricky Smith. The lower court did uphold the conviction of Smith, but did overturn his sentence and remanded him to a new sentencing hearing. The court viewed the use of his juvenile criminal record to violate Michigan state law.

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.

The Juvenile Justice System was a system created over a century ago to prevent young juveniles under the age of 17 to be process and tried as an adult. The Juvenile system was created to let juveniles have an easier sentencing with fair treatments and rehabilitation, but lately the system has been racially biased towards colored juveniles because of their skin color which results the system being unfair towards colored juveniles in the system. The Juvenile Justice System is racially bias towards colored juveniles, because colored juveniles are more likely to receive harsher treatments than their white counterparts, won’t receive enough resources for rehab, and receiving lack of legal representation for trials. Color juveniles are more likely to receive

Hey Priscilla, you bring up a good point about the separation between juveniles and adults when it comes to the justice system. I agree that parens patriae should not be dispose since the government has to protect minors that can not protect them self. I know most juveniles lack maturity, development, and cognitive thinking skill in comparison to an adult, but it may be in the community they live in. Most juveniles that live in high crime areas are born into the criminal lifestyle and with parens patriae they can live a better life away from all crimes. Like you mention, juvenile offenders should join community based residential facilities to improve their well being, if they are dealing with minor offenses.

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

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”.

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.

Throughout the course of modern history, the views of adolescence have led to them being considered inferior to those older than them. Often times, young adults and children are represented as unknowing, which therefore allows for a measure of control to be had over them; moreover, the ideas of inferiority are also present in regard to race and race relations. In Nancy Lesko 's article, "Denaturalizing Adolescence: The Politics of Contemporary Representations," and in Barry C. Feld 's book Bad Kids: Race and the Transformation of the Juvenile Court, they argue that those in power, be them adults, white individuals, or both, have a measure of control over those considered inferior. During the history of the world, the value of adults has