The Historical Development of the Juvenile Court - Essay Example

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The paper "The Historical Development of the Juvenile Court" discusses that in 1825, a refuge institution was opened in New York that was the first of its kind to deal with the juvenile delinquents, followed by the opening of two other institutions of the same kind. …
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The Historical Development of the Juvenile Court
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Download file to see previous pages In 1825, a refuge institution was opened in New York that was the first of its kind to deal with the juvenile delinquents, followed by the opening of two other institutions of the same kind. The methods of treatment used in these institutions included corporal punishments and heavy labor. Voices were raised against such a treatment of the children and eventually, a juvenile court bill was passed in 1899 in Illinois. The main role of these courts was to rehabilitate and reform neglected children, children who committed offences not deemed appropriate for their age and who committed offences that would be considered crimes if carried out by adults. 2. Discuss the development of due process rights for juveniles through several key U.S. Supreme Court cases. Answer: The U.S. Supreme Court did not recognize procedural restrictions for juvenile courts because of their rehabilitative nature as opposed to punitive nature. But the Gerald Gault case of 1964 set precedent for the subsequent development of the due process rights for juveniles. In this case, the child was initially institutionalized for six years, the punishment for the similar offence for adults was a mere 50$ or a few months detention. On the appeal of the parents, the Supreme Court reversed the Arizona case decision and the development of due process rights started taking shape. Other significant developments in defining procedural restrictions which resulted from case trials were: the decision in the Mckiever v Pennsylvania case that the states had the right to use jury trials independently in juvenile cases but this was not a constitutional requirement, the Roper v Simmons case which resulted in the minimum age for death penalty being set at 18 years and many other such cases. 3. What are different models used to transfer a juvenile to adult court? Why would a state want to transfer a juvenile out of the juvenile justice system? Answer: There are three models of transferring juveniles to adult courts: a) Judicial Waiver: It is the instance of transferring a juvenile case to a criminal court due to the transfer or waiver of jurisdiction by the judge himself. b) Concurrent Jurisdiction: It is also known as the Prosecutorial Discretion because in these cases the prosecution has the choice of either filing the case in the juvenile court or the criminal court. c) Statutory Exclusion: The cases where the criminal courts have original jurisdiction, the juvenile cases are transferred through this model. The reason why some of the juvenile cases are transferred to adult courts is that the nature of their offences is extremely violent and the public outrage over some of the offences like school shootings etc. makes it difficult to prosecute them under juvenile due process.  ...Download file to see next pagesRead More
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