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. This is something that I would see at least once or twice a week or every two weeks. Should juveniles be prosecuted as juveniles or adults, would be a question as to what they are being charged with. Crimes like robbery, …show more content…
Juvenile transfer laws tend to focus on juveniles who commit serious and violent offenses” (Crime Solutions, n.d.). However, there are at least three common ways to move a juvenile case to adult court: judicial waiver, prosecutorial discretion, and statutory exclusion.
Judicial waiver laws - “A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide” (Find Law, 2017).
Prosecutorial discretion - “Original jurisdiction for certain cases is shared by both criminal and juvenile courts, and the prosecutor has discretion to file such cases in either court” (OJJDP National Report Series, …show more content…
Murder and serious violent felony cases are most commonly "excluded" from juvenile court” (National Conference of State, 2017).
Crime Solutions. (n.d.). Juvenile transfer to adult court. Retrieved from https://www.crimesolutions.gov/PracticeDetails.aspx?ID=64
Find Law. (2017). Juvenile Waiver (Transfer to Adult Court). Retrieved from http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html
OJJDP National Report Series. (2003). All states allow juveniles to be tried as adults in criminal court under certain circumstances. Retrieved from https://www.ncjrs.gov/html/ojjdp/195420/page4.html
Simson, C. D. (2015, December 9). Adult punishments for juveniles. New York Times. Retrieved from https://www.nytimes.com/roomfordebate/2012/06/05/when-to-punish-a-young-offender-and-when-to-rehabilitate/adult-punishments-for-juveniles
Teigen, A. (2017, April 17). Juvenile age of jurisdiction and transfer to adult court laws. Retrieved from
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Juveniles and the Waiver to Adult Court Christopher D. Shelton Central Texas College CRIJ 1313: Juvenile Justice System Dr. Raymond Edwards February 23rd, 2023 Juveniles and the Waiver to Adult Court What is the purpose of the adult court waiver? That question can be answered in many different ways depending on the party that you ask. The technical definition according to the textbook Juvenile Justice Policies, Programs, and Practices, waiver to adult court is “the process through which a juvenile court relinquishes jurisdiction over a juvenile offender and the case is processed in adult court.” (Taylor et al., 2020)
When people commit crimes, there should be disciplined no matter what. Juveniles need to learn that their behaviors have consequences. Why should kids be given any less of a punishment for committing the same crime? According to one author, “Taking a life is murder regardless of the age of the offender, and the penalties to be imposed must not discriminate. After all, the victim’s life will never be returned, and the family will permanently lose their loved one” (“7 Top Pros and Cons of Juveniles Being Tried As Adults”).
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.
Kids ranging from 8-15 years are tried as a juvenile and to transfer the case into adult court, they would fill out an application to do so. Kids committing crimes such as armed robbery, rape, or even murder should be tried as an adult. This type of allegation will not go unseen just because he/ she is a child. Even though these criminals are children, they will not or should not be exempt from the law or juvenile justice system.
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
Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. With being tried as an adult juveniles should be granted the opportunity of freedom pending on their rehabilitation status and if requirements are not met, convicts will have to complete the remainder of their sentence. People have long argued that juveniles who commit a murder should not be tried as an adult due the juvenile not being aware of their crime. Awareness, as defined by the Webster Dictionary, is “the knowledge and understanding that something is happening or exists”. Having the perception to comprehend the occurrence of an event is not a dumbfounded characteristic.
In the document “Because The Consequences Aren’t Minor” by the nonprofit Campaign For Youth Justice, it describes that attorneys fue cases in adult criminal court for minors ages 14 or older. In addition they have a judicial waiver which is known as “fitness hearing” to be able to determine if they are fit or unfit and be tried as an adult ( Campaign For Youth Justice 2 & 3). The judge or attorney do not just simply decide if the juvenile should be tried as an adult, there is a process in which they must commence according to the Proposition 21. This also depends on the severity of the crime. According to the Ohio State Bar Association, the be able to required to trialed as adult you must be convicted of a felony and you need to be under the age of 18 (www.ohiobar.org).
“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.
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.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Juvenile Justice Should juveniles get treated as adults that’s one of the biggest controversy in our nation now days, with many juveniles committing crimes that are inconceivable according to their age. Judges have the last word on how to treat this young people. Many people argue that “the teens that are under eighteen are only kids, they won’t count them as young adults, not until they commit crimes. And the bigger the crime, the more eager this people are to call them adults” (Lundstrom 87). This is why people can’t come to a decision as how these young people should be treated like.
When children and teens commit a violent crime such as murder, courts convict them as adults. This means that children as young as eight have been tried as adults in court. Eventually, these convicts will be housed in jails with adults. Despite the federal law stating that juvenile and adult inmates must be separated, most states do not comply with these rules. Furthermore, a law that varies throughout the states is the age in which courts send the children to adult or juvenile prisons.
A juvenile judge decides to waive juvenile to adult court under judicial waiver provisions, a prosecutor decides under prosecutorial waiver, and a legislature decides under legislative waiver. The offender’s age and the offense committed have usually been the criteria to determine who is eligible to be waived to adult court. These restrictions depend on state law. Some states allow only older juvenile offenders (14, 15, 16; 17 years old) to be waived to adult court, while some allow any juvenile regardless of age to be waived. Some states allow only offenders who have committed violet offenses to be waived to adult court, while other states allow juveniles who have committed property and drug offenses to be eligible for such waiver.
Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.