Transfers Juveniles To Adult Court example essay topic
Our legal system has two different court systems. One, Juvenile court is where we hear many of our cases on custody battles, child support payments, and even misdemeanors committed by juveniles. Secondly, Adult courts other wise known as Criminal court. This is where adults find out their fate for a crime committed against another. Juvenile Offenders could be tried in both systems.
In some cases, the prosecutor can file them directly into criminal court. This process is called concurrent jurisdiction. States have another form called statutory exclusion meaning that if the crime committed is serious enough the juvenile will automatically is tried as an adult (Hunzeker). The Juvenile system seemed to be the answer. However, it had flaws.
Juvenile offenders are protected from society. The accused does not receive a criminal record for crimes committed. This results in a problem for judges and repeat offenders. If there is no record of their crimes, how will they do the time (Landau 90)? Small portions of cases do not even make it to court (Landau 90). Juvenile offenders are set free for crimes that adults get life in prison.
If we set an example like that, juvenile violence will continue to rise. Victims are the ones who are suffering. With the inconsistencies of the Juvenile system, a young offender could walk which would be more traumatic for the victim than the crime committed against them (Valentine). The juvenile system has failed in violent crimes committed by young people. There are suggestions to reform juvenile court system.
However, if there should be a juvenile court, how should it look? To some the best answer is: about the way it looks now, but with more resources, better people, and uniform standards nationwide. "Although there have been significant changes in the mission and function of the juvenile court since 1899, basic differences between children and adults remain and continue to support the need for a specialized court", concludes a group assembled by the Center for the Future of Children. The group made a dozen recommendations that included elevation of all juvenile courts to the highest level of general jurisdiction, improved training for juvenile court judges, a requirement that judges serve at least two to three years, and greater use of alternative dispute resolution. The group also called for guaranteed legal representation, transfers juveniles to adult court that only based on a judicial hearing and a greater variety of sanctions. What would this mean for the youngster picked up for a first-offense burglary who turns out to have dropped out of school, is running with a street gang, and has developed a taste for drugs?
Under the current system, transfer of such a case to adult court would result in a mild penalty a year or so of sporadic supervision by an overworked probation officer. The current juvenile court might supplement that with an order to attend Narcotics Anonymous meetings and go back to school, which might or might not happen. There is a great deal of controversy over the trying and sentencing of juvenile offenders today. Many will argue that because the severity of Juvenile crimes has risen, the severity of its consequences should rise; however, no matter how serious the crime is, juvenile offenders tried as adults receive far worse than they deserve. The majority of Juveniles tried as adults are hardly given any form of human rights. Adult jails are not the environment children should have to experience, especially those sentenced for misdemeanors and nonviolent crimes.
There are other solutions to reducing juvenile crime. It does not take adult court to straighten out kids on the wrong path. Most children are not even able to recognize that what they had done is wrong. There may be no perfect solution to reducing juvenile crime, but there are ways far more effective than adult trying and sentencing.