Trying Juveniles as Adults Essay - 1312 Words

According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from â€Å"was the crime committed† to â€Å"why did the child commit the crime†, â€Å"how can we help the child†. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be â€Å"transferred† to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver†¦show more content†¦According to Fagan (2008) judicial waiver is primary process in the juvenile court in which the judge has the authority to waive juvenile court jurisdiction and transfer the offender’s case to adult (criminal) court. According to Griffin, et al., (2011) the waiver laws allow the juvenile to be prosecuted in criminal court. In these cases a formal hearing is conducted while the case is still in the juvenile court. During this hearing based off of the evidence and the charges a judge can approve the waiver for transfer to adult court. Fagan (2008) stated that judicial waiver is a common transfer law that is used by forty-seven states in American. In my opinion this system works similarly to how the juvenile system was designed. The judicial waiver process begins in the juvenile justice system which operates in an informal manner to decide if the juvenile offenders will be waived into the adult criminal justice system. According Fagan (2008) following Kent v. United States all waiver statutes that were designated must be met prior to the judge consideration of a waiver to adult court. Conditions that must be met prior to wavier consideration of the judge are generally a minimum age requirement, a specific type offense, and a prior record of delinquency. In my opinion this system has both some strength and some weaknesses. There one glaring weakness in my opinion to transferring juveniles to adult court through judicial waiver. According to Kupchik (2006) transfer ofShow MoreRelatedTrying Juveniles as Adults1404 Words   |  6 Pages When it comes to trying juveniles as adults, it is a strong issue to follow through, but it has been a controversial topic to the public. This topic is a controversial topic even considering that there are numerous arguments to put forth on both sides. There will be stated pros and cons of each side and articles to back up the arguments. Juveniles are defined as children who fall under the age of 18, depending on the state. Even though, some juveniles are tried as adults despite their under ageRead MoreTrying Juveniles As Adults And Providing Rehabilitation1598 Words   |  7 PagesTrying Juveniles As Adults And Providing Rehabilitation During Incarceration Today’s heated debate regarding the decision to try juveniles as adults has prompted individuals to construct opinionated and informational articles on the topic. The nation’s troubled youth are protected by groups that believe these offenders deserve rehabilitation and a chance to develop into a productive member of society. However, others believe that those committing certain heinous crimes should be tried as adults asRead MoreRole of Cognitive Development in Trying Juveniles as Adults Essay example618 Words   |  3 Pagesthe United States, you are considered an adult at 18-years old. With age comes a plethora of other privledges. You can drive at 16 with a proper drivers license, legally engage in intercourse at 17, vote and purchase cigarrettes at 18 and purchase and consume alcohol at 21. Although there is one age restriction that hasnt been set in stone. In the justice system, one may be considered an adult at 18 and be tried as such. The option of being trie d as an adult hangs on many circumstances. If the individualRead MoreJuveniles And The Criminal Justice System1594 Words   |  7 Pages Juveniles and the Criminal Justice System There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. ManyRead MoreJuveniles Should Be Legal For Adult Courts1528 Words   |  7 Pagesor not juveniles should receive waivers to adult court. There are three methods that are used to transfer a juvenile to adult court. Juvenile waiver, statutory exclusion, and Concurrent Jurisdiction are the three different methods used to transfer a juvenile to adult court. Statutory exclusion is when the juvenile is transferred immediately to the adult court. Concurrent Jurisdiction is when the juvenile may be tried as an adult and a juvenile at once. T hroughout all three methods juvenile waiverRead MoreEssay on Juveniles Tried as Adults843 Words   |  4 PagesFinal : Question #1 A juvenile being tried as an adult is a very sensitive and controversial issue over the past years. There has been a significant increase in the number of juvenile offenders being tried in adult courts for serious crimes. Juveniles should be tried as adults depending on the seriousness of the crime that they commit. There are many factors that contribute to juvenile courts and to what extent a juvenile should be tried as an adult. The juvenile justice system was intendedRead MoreShould Juveniles Be Tried as Adults? Essay867 Words   |  4 Pages29, 2012 Should Juveniles be tried as Adults? There are many controversies that surround juveniles being rehabilitated rather than going through the adult justice system, but studies show that juveniles are not fully developed to be tried as an adult. One of the main questions that it always boils down to is â€Å"should juveniles be tried as adults?† in my opinion juveniles should not be tried as adults because of their age. First, I believe that juveniles should not be tried as adults because their mentalitiesRead MoreJuveniles Being Tried As Adults1238 Words   |  5 Pagesâ€Å"Juveniles Being Tried as Adults† There are articles or news reports every once and a while about juveniles committed heinous crimes, but not serving any real time for the crime. Juveniles or even adults should not serve a few years for murder or rape. Murderers, rapists and other criminals are being released from jail every day after serving only very short sentences for their heinous crimes. (Source #1) Who are these criminals and what makes them so special? The criminals are juveniles who commitRead MoreJuveniles And Prisons1313 Words   |  6 PagesJuveniles and Prison â€Å"I used to believe are our future but now I realize that this, sadly isn’t the reality. Through laws that treat kids like adults, the government is throwing away the future of children in this country.† (D. Lee) An estimated 200,000 juveniles are tried as adults. The term juvenile refers to any young person under the age of 18. For most states in the United States, the age of majority is 18. While there are many things that juveniles are unable to do until they reach the ageRead MoreThe Main Aim Of Eradicating Criminal From The Society1439 Words   |  6 PagesJuvenile Crimes The main aim of eradicating criminal from the society is to enhance peaceful coexistence among people and to aid development. In this regard, individuals who fail to fit in this setting should be eradicated regardless of their age and made responsible for their actions. Releasing murderers, rapists, and other criminals from jail after serving a lenient and short sentence does not rehabilitate them in any way. In this regard, all those who are engaged in criminal activities that risk