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Juvenile Justice - Coursework Example

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Juvenile justice module 5 writing Name: Instructor: Task: Date: This chapter has highlighted some of the reasons behind the transfer of juvenile offenders to adult courts. The magnitude of offenses committed by some of the juveniles, for instance, fails to offer them the merit endowed to juveniles whose cases are conducted in juvenile courts…
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Juvenile Justice Coursework
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Download file to see previous pages Finally, these transfers benefit the system, as it is intricate to handle some cases committed by juveniles, while in juvenile courts. In case of a transfer, youths become adults legally and face similar treatment to that for adults. After a careful examination of the reasons behind such transfers, I strongly support this practice (Elrod and Ryder 217). Currently, three main mechanisms are applicable for transfer of a juvenile to an adult court. As depicted in this source, the first mechanism is the judicial waiver, which has been in application since ancient epochs. A number of elements distinguish it from other mechanisms. For instance, the examination of the likely reasons for the juvenile to have committed the crime is among the basic elements. Secondly, it becomes necessary to consider the threats of such a youth to the society (Elrod and Ryder 218). Moreover, it considers the system to which the juvenile court system can effectively handle such a case. In a scenario, whereby the case is so serious, a careful evaluation of how the adult court can handle such a case becomes a point of focus. The other mechanism known as the legislative waiver has been in use, in various states of America. This mechanism forms its decision on the age, along with the offense criterion of the juvenile. The third and final mechanism is the prosecutorial waiver. This is different from the other two mechanisms as it permits a concurrent jurisdiction in the two dissimilar court systems. Similarly, both the age together with the offense criterion demand cautious considerations. Kent vs. US and Breed vs. Jones impacts the waivers transfer in a negative way as it prohibits the double trial that the waiver transfer supports. In the determination of the suitability of any of the transfer mechanism, it is suitable to examine the two different court systems. After establishing which one is appropriate, the transfer process starts (Elrod and Ryder 224). A number of problems arise in case of transferring juveniles to an adult court for trial. The decision to transfer these youths can bring adverse consequences to the youths. Prosecution of these youths in open criminal courts exposes them to criminals known to have committed serious offenses than them. Eventually, they may resort into learning how to commit similar crimes. Additionally, erosion of their civil rights is a problem allied to such a transfer. In various scenarios, such a transfer fails to curb the increasing rate of recidivism, therefore, the deterioration of the security of community’s security. It would be crucial to transfer only those cases that the juvenile court cannot address with efficacy. If I were a judge, the state would have to prove to me that the juvenile court would find it intricate to handle such a case, together with the effectiveness of the needed superior court (Elrod and Ryder 220). Sources have revealed that a number of states have adopted separate programs within the adult correctional centers. Florida and South Carolina are the two states that have established different facilities for housing juvenile inmates. The age range is the key determinant of which youth ought to be housed in such facilities. In the above-mentioned states, the two age ranges are between 18 and 21, or 18 and 25. I also support the idea of housing them in different ...Download file to see next pagesRead More
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