Comparing Juvenile and Adult jsutice System - Essay Example

Teacher’s Law 20th April, Introduction: Justice system includes the handling of criminal legal business by courts and other bureaucracies, including offices of various state and federal prosecutors and public defenders (Lawyers Attorneys, 2006). The legal system is structured in two different categories, one which handles the juvenile cases i.e. between the ages of 10 and 18. The age criteria, however, differs in each state according to its law. The other system comprises of adult cases (Spannhake, 1999). Comparing Juvenile and Adult Justice System Juvenile and Adult Justice System stand on different grounds but they do share some features as well. Every country or state has their own justice system and the terms differ accordingly, whether it is juvenile justice system or an adult justice system (Office of Juvenile Justice and Delinquency Prevention, 1999). However some practices are universal and almost every country abides by them. Differences: there are some underlying principles that distinguish the Juvenile and Adult Justice System. This distinction lies under the belief that youth are different from the adults and they should be treated in a different way (Office of Juvenile Justice and Delinquency Prevention, 1999). In a Juvenile system, the primary goal is to rehabilitate and protect the community and minors themselves, as they are considered to be malleable. Punishment is taken into account as well, but only when there is no other way left. Moreover, the juvenile are not put on trial for committing crimes, but rather delinquent acts. In contrast, the adult system takes full consideration of the crime committed by proclaiming the crime directly proportional to the offense. Punishment is the primary goal aiming for deterrence (Office of Juvenile Justice and Delinquency Prevention, 1999). Under the concept of rehabilitation, the public access to juvenile records is limited. Another purpose for this action is to avoid any unnecessary marking of youth by the society i.e. stigmatization. To protect privacy, the court proceedings may be confidential. They don’t have a right to a public trial by jury and if they are charged with a crime, adjudication hearing takes place. This involves determining whether or not the minor is delinquent after a judge hears the evidence. On the other hand, adult cases are public. Criminal records and all the court proceedings are open to public (Office of Juvenile Justice and Delinquency Prevention, 1999). In juvenile justice system, a minor’s history is evaluated in detail which accounts for the psychological casework. This approach is often used in order to meet the minor’s specific needs. The juvenile offender has to receive hearing instead of a trial, which includes legal factors and that person’s social history. Moreover significant portions of cases proceedings are diverted from the formal processing (Office of Juvenile Justice and Delinquency Prevention, 1999). Opposing to that, an adult offender is put on trial, which exercises prudence to withhold charges, and all the legal factors are used (Office of Juvenile Justice and Delinquency Prevention, 1999). Plea bargaining is common (Bilchik, 1999). The juvenile justice system is capable of detaining a minor for his own protection or the communitys protection, whereas in an adult justice system, the defendant can apply for bail (Office of Juvenile Justice and Delinquency Prevention, 1999). The right to a jury trial in a juvenile system is afforded by most states, but not all; however, in case of the adult system, there is a constitutional right to a jury trial (Office of Juvenile Justice and Delinquency Prevention, 1999). In a juvenile system, the options in sentencing vary, which may be community or residential based, depending on the history and severity of the offense. A minor is not determined guilty. He/she is either innocent or judged as being delinquent. The disposition may be for an unspecified period of time and the minor can be sent to a program until he/she is rehabilitated. In an adult system, it is determined whether the offender is innocent or guilty, and if found guilty, that person is sentenced according to the severity of the crime, and his/her criminal history for a specified period of time. In Juvenile system, parole involves observation with activities to reintegrate the juvenile into the community, where as in an adult system, observation and monitoring of illicit behavior is primary. Similarities: Although there are differences but the juvenile and adult justice system do share some features. In both the justice systems, the primary goal is to protect the community and whoever violates the law is held accountable for his/her actions. If an offender has been trailed for things like drunken driving or drug abuse, then most likely educational approach is used (Bilchik, 1999). The law enforcing in both the adult and juvenile justice system involves both reactive and proactive approaches, and community policing strategies. Moreover, a full range of criminal behavior is taken into account by jurisdiction. However, safeguards exist in the constitution and for the procedures involved. Be it an adult or a minor, if accused of a crime, they are held in custody to make sure that they appear in the court. They may be held in their house, or in electronic detention, however (Bilchik, 1999). In both the justice systems, offenders have a right to an attorney, to send notice for charges, and confront and cross-examine witnesses. Moreover, both the adults and minors have the privilege against self-incrimination. All the constitutional rights apply to the offenders. Before a person can be convicted, the trial has to provide evidence which leaves no room for a reasonable doubt. Decisions taken against the offenders are influenced by current crime committed, history of the offender for such behavior, and social factors. The victims of the offender might be given consideration while making the decision. After being released, the behavior of the offender is monitored and in case the conditions are violated, the offender may be imprisoned again (Bilchik, 1999). Juvenile treated in the adult justice system The laws for the juvenile system are laid out to deal with the minors. However, there are times when the case of the minor is dealt on the basis of the adult justice system. This usually occurs when the minor has an equal understanding to the adults responsible for committing similar crime, and those minors who are equal in culpability having a previous record for such crimes (Young & Gainsborough, 2000). It is a wide spread belief that some offenses committed by minors justify a prosecution and the offense cannot be corrected through rehabilitation. However, it is said that transfers like these undermines justice. The adult criminal system is designed for the prosecution of adults. The process involved in handling adult cases is rigid and adverse, which does not allow the malleable mind of a minor to have limited experience or understanding. To handle juvenile cases, there is a need to understand the cognitive development of a child and the way they speak, which the judges and lawyers in adult court are not trained to understand. This leads to a disadvantage for minors to be at a trail in an adult court rather than in a juvenile court (Young & Gainsborough, 2000). There still remains a question whether the juvenile should be transferred to the adult court or not, because in theory the reforms that have taken place are supposed to reduce the crime rates. However, studies like the one by Young & Gainsborough (2000) show that such measures are leading to an increase rather than a decrease in the crime rates. References Spannhake, J. (n.d.) Definition of the Juvenile Justice System; Retrieved 20th April from: Bilchik, S, (1999); U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Juvenile Justice: A century of change (OJJDP Publication No. NCJ 978115). Retrieved 20th April 2012 from: Office of Juvenile Justice and Delinquency Prevention. "Juvenile Justice: A Century of Change." Washington DC: Office of Juvenile Justice, 1999. Retrieved 20th April, 2012 from: Lawyers Attorneys, 2006. Justice System – Law Definition. Retrieved 20th April, 2012 from: Young, Malcolm C. and Gainsborough, J. 2000. Prosecuting Juveniles in Adult Court An Assessment of Trends and Consequences. Retrieved 20th April, 2012 from Read More