Jo Ann Macklin
June 10, 2012
When we think of the United States judicial system, and what a good system it is. It is hard to believe at one time in our history, children were treated just as adults were. They would receive the same sentences and were placed in the same jail facilities. Now are juvenile system is not perfect, and need more improvements, but with society, and ever changing crimes, the juvenile system is always hard at work, facing the new challenges and seeking improvements. Juveniles that commit crimes are no longer considered criminals, but instead juvenile delinquents. If the child is of a certain age in some ...view middle of the document...
Juvenile courts are often more informal than those for adults. For example, rules about the admissibility of evidence may be more lenient.” (2012) Some of the other differences in the system include the “status in question” in adult court the status in question determines guilt or innocence. In juvenile court the status in question determines delinquency, or if the crime committed was a status offence. “Goals of Proceedings” in adult court determine innocence or guilt. In juvenile court it determines what is best for the child, regardless of guilt. “Release” in adult court before trial an offender may be released on bond. In juvenile court, the child may be released to the parent or guardian. “The nature of proceedings” for an adult is adversarial. For a juvenile the nature of proceedings is remedial. When going to trial an adult has the right for a trial by jury, and the trial is open to the public. A child does not have the right to a trial by jury, and is not open to the public, but is a closed hearing. “Treatment of offenders is also different; adults only have the right to medical treatment, whereas juvenile offenders have the right to all treatments. When it comes to incarceration, adults are housed in jails or prison facilities. Juveniles are held in a juvenile facility. Arrest is different because an adult arrest requires a warrant, juveniles are taken in to custody by a complaint or petition. Adult offenders have rights against the unreasonable search of their selves, home, or possessions, a juvenile has very limited rights involving searches. Records for an adult remain public record, but for a juvenile, records are sealed and may even be destroyed. Two of the things that are the same for adults and juveniles are, both have the right to an attorney, and both are protected against self-incrimination.
The four major phases and task use in the juvenile system are (1) the “intake” which is designed to accommodate the needs of the youth. (2) “Detention hearing”, which determines if the child should go to court or be put in a secure location. (3) “Transfer procedures” most states have procedures before moving the case to another jurisdiction, or adult court. (4)” Statutory Waivers” many states now have statues that automatically treat juveniles as adults, when they are accused of certain types of violent crimes.
It is important to remember, not all children entering the juvenile system have committed a crime. Some...