A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System - Research Paper Example

Comments (1) Cite this document
Summary
This paper argues for a consolidated criminal court. It is the contention of this paper that the weaknesses of long-established juvenile courts reveal a basic defect in their foundation rather than merely an implementation letdown. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.6% of users find it useful
A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System
Read TextPreview

Extract of sample "A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System"

Download file to see previous pages They dispute that there are important differences between the development of adults and young individuals or that rehabilitation remains different from sentencing and persuade legislators to sustain the differences between offenders and antisocial or deviants. Some stress psychological insufficiency or physical helplessness. Others argue that juvenile courts safeguard young lawbreakers from further corrective criminal justice rules. Yet, there are those who argue that juvenile courts furnish the sole opportunity in which to take into account all the official and legal issues, such as abuse, neglect, felony, and dependency, which impinge on families and children (Corriero, 2006). Finally, advocates of an independent juvenile justice system call upon the contingency argument of Progressives (Feld, 1999): in spite of the procedural defects and evident impoverishment of juvenile courts, criminal courts represent more unpleasant locations to try and sentence juvenile delinquents. Juvenile courts try to integrate criminal social control and social welfare in a single organization and unavoidably perform both poorly due to the innate conflict in both functions. In contrast, a juvenile adaptation of an adult criminal justice system is a body devoid of any justification (Culbertson, 2000). Since there are already existing criminal courts, with no social welfare basis, a juvenile adaptation of an adult criminal justice system would only be unnecessary. The Arguments for an Independent Juvenile Court and Against an Integrated Criminal Court An independent juvenile justice system needs a more defined, refined justification than crude punishment versus rehabilitation arguments. In fact hardly any observable differences are present between these two functions. However, if it is recognized that juvenile courts penalize young delinquents, we then take the responsibility of granting them criminal procedural protections since “the condition of being a boy does not justify a kangaroo court” (Barkan & Bryjak, 2010, 520). It has been argued by the McKeiver Court that obliging procedural similarity with adults would terminate the juvenile court trial, yet took for granted the fact that refusing to do so reinforced bias and injustice (Feld, 1999). To perceive and deal with equally positioned criminals differently, to sentence young offenders for the sake of rehabilitation, and to strip them of essential protections cultivate a kind of injustice that frustrates any attempts towards reform. The present juvenile court does not offer justice or rehabilitation and cannot be reformed. The other policy alternatives are to pattern juvenile courts to the adult criminal justice system or vice versa (Roberts, 2004). Regardless if young delinquents are tried in an integrated criminal court or in an independent court, we should reevaluate fundamental principles and deal with procedural and substantive matters. Substantive justice issues comprise forming and executing a doctrinal basis, such as shortened temper, psychological immaturity, weak disposition, or reduced conscience, to sentence juvenile delinquents dissimilarly, and more mildly, than adult criminals or suspects (Myers, 2005). Procedural justice ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“A Case for an Intergrated Criminal Court and Against an Independent Research Paper”, n.d.)
Retrieved from https://studentshare.org/law/1429370-comparison-on-the-juvenile-justice-system-and-the
(A Case for an Intergrated Criminal Court and Against an Independent Research Paper)
https://studentshare.org/law/1429370-comparison-on-the-juvenile-justice-system-and-the.
“A Case for an Intergrated Criminal Court and Against an Independent Research Paper”, n.d. https://studentshare.org/law/1429370-comparison-on-the-juvenile-justice-system-and-the.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
da
danderson added comment 11 months ago
Student rated this paper as
This paper saved me today. I liked the structure. It was very useful for my law course.

CHECK THESE SAMPLES OF A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System

Evaluation of Starbucks Dilemmas

11 Pages(2750 words)Essay

Criminal Justice System Structure

...enters into the legal system. The police, the investigative bodies or the witnesses present the evidences, documents or other facts to the prosecutor. It depends on the prosecutor what to decide for the offender. If the violator is charged for his criminal actions then it is preceded by a court case. 3- Court Case: Court case is the most important component of the U.S criminal justice system. The case is brought before a judge in a court. If the offender is proven guilty and his offenses are minor then it depends on...
8 Pages(2000 words)Research Paper

Juvenile and adult justice system

...? Juvenile and Adult Justice System Juvenile and Adult Justice System There are several similarities and differences between the juvenile and adult justice systems. The similarities and differences between the two justice systems are based on the philosophy that the adult court system focuses on deterrence and justice as the rationale for prosecuting offenders whereas the juvenile system is committed to rehabilitating delinquent youths into better citizens (Yakov, 2011)....
1 Pages(250 words)Essay

Criminal and Juvenile Justice Systems

...criminal court would term that as not being an offense, as it is against the legal provisions. In that case, the child will correct his or her deviant behavior and will grow with an understanding that disobedience is acceptable in the society. Despite the tremendous similarities in the two systems, it would be unethical to subject a child to the trauma of being judged in public for a minor act. Social needs for a separate juvenile system Though there are so many similarities between the two systems, there exists a need for the juvenile system to be separate from the...
3 Pages(750 words)Essay

Juvenile Justice System Process

... place within 24 hours of arrest (Martin, 2005). The fourth stage is either informal, formal hearing or disposition. An informal hearing will be granted by a judge if the juvenile pleads guilty and agrees to settle the charges brought against him through acceptance to meet the courts requirements which may be: restitution, mandatory curfew, school attendance or rehabilitation (NCJRS, 2000). The juvenile is then released but will be monitored by a probation officer. In formal hearings a decision is made where the case will be heard and this may be in a juvenile or criminal court. Most of the cases will be heard in a juvenile court but egregious offenses will be tried in criminal courts (Neubauer & Fradelia, 2009). Recommendations... The...
3 Pages(750 words)Essay

Earthquakes in the Xi Chuan Province

18 Pages(4500 words)Research Paper

Juvenile Court System

...Juvenile Court System The increasing juvenile delinquency characterized almost every decade of the twenties century. Within the past three decades,the judicial decisions and administrative changes have transformed the juvenile court from rehabilitative social welfare agency into the second-class criminal court for the young people. These changes have decreased the effectiveness of the juvenile courts as the social welfare institutions and converted the whole system into penal institution providing young individuals with neither therapy nor...
7 Pages(1750 words)Essay

Criminal Justice System Case Study

...Policy Issues in the Criminal Justice System: British Retail Consortium Policy on Theft from a shop This is a response to the Sentencing Guidelines Council's draft policy on sentencing cases of theft from a shop. EXECUTIVE SUMMARY: The Report here is a response to Sentencing Guidelines Council's draft policy and deals on sentencing cases of theft from a shop. The organization represented here is British Retail Consortium and policy issues given here by Sentencing Guideline Council's draft policy are on the criminal justice system and how the theft from a shop would be dealt with. In the first instance...
8 Pages(2000 words)Case Study

Case perspectives in the juvenile justice system

...programs, with the help of affordable, accessible, and appropriate to all concerned, should be used to fostering cooperation among families, schools, and communities to interact with child offenders who are prone to commit serious and violent crimes. After schools programs under the supervision of caring adults will inculcate resilience in children and transform them into successful adolescents. Case Perspective in Juvenile Justice System Children in the USA are arrested, under the provisions of “Juvenile Justice System,” on suspicion of violating criminal laws for frequent truancy, running away from...
6 Pages(1500 words)Essay

Supreme Court Case: Juvenile Justice

...Supreme Court Case Matters resulting from juvenile criminal behavior are rarely brought to the Supreme Court in the United States. However, at the start of the 1960s, the Supreme Court tried a number of juvenile cases that led to drastic changes in the procedures and character of justice system (Siegel and Senna, 2009). This essay looks into one of the most influential cases in the juvenile justice system, Kent v. United States. This case was a landmark in the justice...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System for FREE!

Contact Us