Nobody downloaded yet

Judicial Process - Research Paper Example

Comments (0) Cite this document
Juvenile offenders transferred into adult criminal court jurisdiction Name Professor Course University Date Introduction Significant changes in judicial processes in recent times have lead to a growing number of juveniles being transferred to adult criminal courts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.8% of users find it useful
Judicial Process
Read TextPreview

Extract of sample "Judicial Process"

Download file to see previous pages This has lead to juveniles being punished under adult criminal sentencing guidelines, which is more severe than in juvenile courts. considerable research work on juveniles in adult criminal courts have been conducted throughout time with others focusing on their character in courts, punishment outcomes in adult courts and comparing them to the juvenile courts. Juvenile Punishments in Adult Criminal Courts There have been varying conclusions into the degree of severity of the judicial outcomes, although, most concluded that the degree were less severe to those melted out to adult offenders. Juvenile courts and adult courts are very different in functionality and as such, comparison of the courts would not bring meaningful conclusions. The most practical analysis, therefore, is to look into juvenile outcomes in adult courts and compare to similar cases amongst young adults with similar offences. Several research work on this has also produced diverse results, however, most studies concur that juvenile status toned down the severity of sentences in adult courts, but not the actual court process. Additionally, other research work indicated that there are juvenile penalties in adult court, which seem harsher compared to similar cases by young adults. These results show several research work conducted by different scholars applying different methodologies and within different judicial jurisdiction. Sentencing Guidelines Earlier sentencing structures were consistently based on rehabilitative notions that focused on personalized punishments that would suit each offence, terms of imprisonment were varied and this allowed for a degree of flexibility in their application. Policymakers and the public however, came to realize huge loopholes in such system, this lead to proliferation of sentencing guidelines in more than half of the states. Sentencing law represents ‘procedurally rational law’ contrasting sharply with ‘substantively rational law’ the latter provides for punishments to be personalized to fit eccentric offender needs and considerations. These presents a conflict to the society, one of establishing order and the other of punishing individuals based on unique circumstances. However, the latter applicability has always been argued aids in seeking fair just and proportional outcomes for each individual case. The guidelines that have been promulgated have lead to containment of judges’ decision, explaining the reason why judges prefer their judgment on particular cases. The sentencing guidelines also differ on jurisdiction, for instance those in the state of Maryland are different from those in the state of Pennsylvania. In recent years however, most sentencing guidelines have been more flexible in their applicability, providing a wide range of alternatives for each offence. For instance, some states implemented “presumptive” guidelines and these legally mandated judges to sentence within guidelines ranges except in rare circumstances involving departures (Johnson and Kurlychek 2012). Other states implemented less restrictive “voluntary guidelines”, which provide judges with benchmarks for sentencing, but they do not legally require the judge to sentence within the guidelines recommendations. Cases involving juveniles in adult courts by definition are atypical, this is because juvenile status represents a unique offender considerations, it may play as ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Judicial Process Research Paper Example | Topics and Well Written Essays - 750 words”, n.d.)
Judicial Process Research Paper Example | Topics and Well Written Essays - 750 words. Retrieved from
(Judicial Process Research Paper Example | Topics and Well Written Essays - 750 Words)
Judicial Process Research Paper Example | Topics and Well Written Essays - 750 Words.
“Judicial Process Research Paper Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Nationality and international judicial process

...?Nationality and international judicial process Insert Insert Grade Insert Introduction Mutual relational consent by individual to country explains “nationality”. How can nationality exist without state and the subject? A state offers legal protection and expects the individual to give back through committing onto state obligations. Through this, state poses jurisdictions the subject while he/she is accorded protection. Subjects are obliged to entitlement of privileges provided by virtual of belonging. There should be no limitation into individual efforts in acquiring nationality or properly too while changing it. It is designed to be an easy task when a person applies for nationality in a country more so...
12 Pages(3000 words)Essay

The Different Roles Played by the Legislative, Executive, and Judicial Branches in the Regulatory Process

... The Different roles Played by the Legislative, Executive, and Judicial Branches in the regulatory process Legislative branch The legislature is a fundamental law making branch of the government. It is responsible for decisive activities that involve national objectives, strategic goals plus functions and services (Barry & Howard 6). The legislature transforms these decisions into legislations implementable by the executive body. The legislature performs roles of that concerns constitutional amendments for the purpose of regulating laws that are undesirable, vague or harsh (Rosenbloom 4). The legislative branch ensures the making of laws concerning taxations. It ensures that the national finances are in control via the monitoring... of...
3 Pages(750 words)Essay

Due process judicial review regulatory process administrative hearing

...Judicial Due Process and Administrative Due Process Due process is a clause in the constitution that restricts the state from depriving a person their right to life, property and their right to freedom without following the rule of law. A persons rights from the above three values can be denied if, for instance, a person acting on behalf of the state kills another with no reason, if a person is involuntarily locked up in a mental asylum or the law forcefully confiscates a person’s property without applying the rule of law (Lorch, 116). Due process affirms that the state must respect every person’s rights as stated in the Bill of Rights. In the USA...
5 Pages(1250 words)Essay

Court System and the Judicial Process

...Court System and the Judicial Process The U.S. Judicial system consists of 51 separate court systems: there are fifty courts and the U.S. courts system or the federal court. Whereas there are considerable discrepancies between the 50 state courts (Abraham, 1986), all of them are divided into two groups: trial courts and appellate courts. Trial courts focus completely on finding appropriate proofs or refutations for the facts through the examination of witnesses' testimonies and physical evidence. Jury is available in trial courts and usually examine the cases, associated with equity and trusts (Abraham, 1986), but as a rule, a single (Baum, 1986) judge heads the trial and renders...
2 Pages(500 words)Essay

Social group and classes history of inequality

11 Pages(2750 words)Essay

Litigating a tax matter--the judicial process part with a huge part of their salaries. Introduction Power rifts that exist between the legislative and executive branches of government on who is to make decisions also affects citizen, a lot of time is wasted of formulating budgets and it makes it even worse that incase of any changes that are made, long bureaucratic lines have to be made to ensure that the right authority is given. This rift has proven to cause the citizens negatively since as the branches take time to process their budgetary terms, the citizens continue paying the taxes and taking a longer time to get entitlement programs. As citizens, they are entitled to getting grants, loans, operating and capital budgets, but this becomes either easy or...
7 Pages(1750 words)Essay

The Prosecution's Role in the Judicial Process of the United States Court System

...The Prosecutions Role in the USA’s judicial process The Prosecutions Role in the USA’s judicial process Introduction The prosecutor performs the work of prosecution in the United States legal system. They are agents from the office of the attorney general. The prosecutor represents the opinion and the interests of the public in the judicially. All the members of a society have the same interest of protecting themselves from the criminal activities and their effects. That brings the essence of the law enforcement system to investigate the crimes that are committed and also to prosecute them. However, it is the duty of the judicially to ensure that there is no rights violation of the citizens and prosecute only those who deserve... States...
11 Pages(2750 words)Research Paper

Judicial Process Article Review

...criminal acts if committed by persons considered to be adults. In general the terms are exclusively defined by the age limit. Most state laws stipulate that youths accused of violation of the law before reaching the age of eighteen years are to be subjected to juvenile courts original jurisdiction, however, the youths accused of violation of the law after or on the day of their eighteenth birthdays have to be processed and subjected to the adult criminal justice process. Some states in the US define the juvenile-adult transition at seventeenth birthday, and some few states define the line of transition at sixteen years of age. Generally, states have laid down transfer procedure laws that govern or call...
2 Pages(500 words)Research Paper

Evaluate the purpose of Alternative Dispute Resolution (ADR) and, with particular reference to the services provided by Acas, assess to what extent it is a successful means of resolving disputes outside the formal judicial process

..., which is carried out outside the courtroom and is not litigation. The courts are however at times requested to the ADR methods used in solving disputes. ADR is usually carried out in a number of ways. The common ways of ADR include negotiations, arbitrations, mediations, early neutral evaluations, and conciliations. Over the years, ADR has become very common and have been adopted by many people around the world especially owing to the fact that they eliminate the long queues at the courts and the high costs charged for litigation process by the lawyers who mainly have the interest of making themselves money besides helping their clients with the case1. ADR programs can either be voluntary or mandatory depending on the...
10 Pages(2500 words)Essay

The State Judicial Selection Process

...JUDICIAL PROCESS Judicial process for of Florida The of Florida has one of the most intensive and comprehensive selection process and criterion used by people who would wish to be inducted to serve as judges. There are two elaborate and defined or well-articulated processes of selecting the judges. This is based on the level of court that the judge would wish to serve in. to begin with, the judges in the appellate courts are taken through a process called the assisted appointed which is squarely based on the Missouri plan. The judges who serve in the lower courts such as the trial judges are selected through a non-partisan election process (Berkowitz & Clay, 2006). Once a judicial officer ir a judge has been appointed, it would... ...
5 Pages(1250 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 Judicial Process for FREE!

Contact Us