Adudication in a juvenile court - Essay Example

number) Adjudication in a Juvenile Court 24 June (word count The term used when deciding whether a youngster should be tried in an adult court is called as the “juvenile waiver” which is a very crucial component of the trial before starting it as it will determine the sentence if ever a juvenile is found guilty afterwards of the charges. It can mean a life sentence if the juvenile is charged as an adult depending on the gravity or the seriousness of the crime or offense. A procedure that must be followed is the recommendation of the prosecutor stating that the youngster meets all the requirements for transfer to an adult court and the judge must agree to such recommendation.

Different states have different criteria for determining the age of whether a person is a juvenile or an adult (examples are the District of Columbia, anyone who is 18 or younger is a juvenile; New York, North Carolina and Connecticut, anyone 16 years of age or younger, etc) because it has something to do with discernment. Age has something to do with the criminal intent as viewed in jurisprudence. Most states accept the principle that anyone younger than six or seven years old could have no criminal intent (mens rea or a guilty mind) whatsoever; additionally, it is the view a youngster lacks capacity to think about his actions and their awful consequences in terms of the crime that was committed.

In short, they generally do not know right from wrong and made wrong decisions (dolci incapax). Some of the states have this option to deter youngsters from committing more serious or heinous crimes. Age of an accused has a great bearing on the charges to be filed. In states, a youngster is tried and the juvenile waiver is considered either based on the age at time of commission of the crime or at the age of apprehension. The effect of this decision is give judges discretion in trying juveniles from initial contact to post-release (Siegel 13) and deters delinquency too.

Reference Siegel, Larry J. Introduction to Criminal Justice. Belmont, CA, USA: Cengage Learning, 2009. Print.