Since the early 1990's the Juvenile Justice Laws in the US has increasingly become more and nore harsh, retributive and irresponsible. It progressively became more common for Juveniles to suffer incarceration as punishment and far more easier for juveniles to be transferred to the Adult Criminal Justice System, where they will be held to an Adult Intellectual Standard, recieve adult penalties and be incarcerated in adult prisons.
An inmate unleashed a barrage of punches on a correctional officer Tuesday as she attempted to handcuff him for a court appearance, the Merced County Sheriff’s Department said. Tuesday, November 8, 2011.
In States all over the Nation Juvenile offenders are being sentenced to very lengthy terms of Incarceration. In virtually all of these States Judges aren't stutorily required to consider Juvenile's youth at sentencing. Over the past fifteen years there has been an explosion in the ammount of children in adult jails and prisons, over 200% increase. A trend that began in the 'get tough on crime' era when many State Legislators passed Laws that automatically bypassed the Juvenile Justice System, of which put childrens fate into the hands of State Legislators and Prosecutors, without protection for youth. In threee States, If you are sixteen, you can automatically be moved to the Adult system, Ten States do it at seventeen
A mother watches her child playing outside the window of their home. Never would she imagine that her child would be taken away from her, causing her to be forced to watch him through a different type of window. Her young child is now forced to live a life in an atrocious place with terrible people. One childish mistake, a bad choice made by a psychologically disadvantaged youth lands him in a place he does not belong. Adolescents are old enough to know the difference between right and wrong, but too young to have the brain capacity and maturity to make the right choices. There have been children as young as thirteen tried as adults and sentenced to die in prison (“Cruel and Unusual”). An adolescent should never be given an adult sentence in an adult penitentiary, but statistics show that 2,381 juveniles are serving a life sentence without possibility of parole in the United States (“One Strike”). There are many better ways to handle these situations other than putting a child somewhere the child does NOT belong. Politics can be stated as “who gets what, when and how.” Instead of being put in prisons where they will only learn worse things and be opened up to more violence, rape, STDs and other horrible things, minors need to get and require a facility where they can thrive and become young men and women who can benefit society. The reform of how we process minors needs to happen soon and be accomplished through the reform of our judicial system.
Which do you anticipate from a justice pc in a civilised culture? Fairness, forgiveness possibly, justice of course. I bet which you additionally anticipate the (How Many Innocent People Are There In Prison?
Believing that there are fundamental, emotional and intellectual differences between children and adults, Advocates for Abandoned Adolescents' mission is to end the practice of trying, sentencing and incarcerating youth under 18 in the adult...
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According to The Associated Press, there are currently around six dozen people serving life sentences (without chance of parole) for crimes they committed when they were 13 or 14 years old. However, the Supreme Court decided on Monday that it would look into the practice to determine whether juvenilesshould be able to receive such a harsh punishment.
Judicial oppression and irresponsibility have compelled me to withstand the pressure and force with a wide variety of experiences, experiences that a just society wouldn't compel a child to endure. Experiences that traversed through the cities of despair, hopelessness and loneliness, experiences that have relentlessly made competent attempts at trying to break, corrupt and destroy me.
ome juvenile cases get transferred to adult criminal court through a process called a "waiver" -- when a judge waives the protections that juvenile court provides. Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Although being tried in adult court gives a juvenile more constitutional protections, it has distinct disadvantages too -- including the potential for a more severe sentence and the possibility of serving time in an adult correctional facility.
Juvenile Cases Eligible for Waiver In most states, a juvenile offender must be at least 16 to be eligible for waiver to adult court. But, in a number of states, minors as young as 13 could be subjected to a waiver petition. And a few states allow children of any age to be tried as adults for certain types of crimes, such as homicide. The current trend among states is to lower the minimum age of eligibility for waiver into adult court. This is due in part to public perception that juvenile crime is on the rise, and offenders are getting younger. Factors that might lead a court to grant a waiver petition and transfer a juvenile case to adult court include:
The juvenile is charged with a particularly serious offense. The juvenile has a lengthy juvenile record. The minor is older. Past rehabilitation efforts for the juvenile have been unsuccessful. Youth services would have to work with the juvenile offender for a long time.
Waiver Petition Procedures There are three ways that transfer proceedings can usually begin -- the most common is through the prosecutor's request. But the juvenile court judge can also initiate transfer proceedings. And some state laws require that juveniles be tried as adults in certain types of cases, like homicide. (To learn more about state laws requiring juveniles to be tried as adults, see the "Automatic Transfer Laws and Reverse Transfer Hearings" section below.) If the prosecutor or judge seeks to transfer the case to adult court, the minor is entitled to a hearing and representation by an attorney. This hearing is called the waiver hearing, fitness hearing, or certification hearing. Usually, the prosecutor must show probable cause that the juvenile actually committed the charged offense. (To learn more about probable cause, see Nolo's Criminal Arrests & Interrogations FAQ.) If the prosecutor has established probable cause, the judge must then decide on the minor's chances at rehabilitation as a juvenile. To make this decision, the judge will often hear evidence on the minor's:
background juvenile court record, and willingness to get treatment in the juvenile system.
If the judge transfers the juvenile case to adult criminal court, the case starts there at the beginning -- typically with the arraignment (formal, in-court notice of charges against the juvenile). Automatic Transfer Laws and Reverse Transfer Hearings Some states have "automatic transfer" laws that require juvenile cases to be transferred to adult criminal court if both of the following are true.
The offender is a certain age or older (usually 16). The charges involve a serious or violent offense, such as rape or murder.
Juveniles subject to an automatic transfer can still request a transfer hearing in juvenile court. During that hearing -- called a reverse waiver or reverse transfer hearing -- the juvenile (through an attorney) has the burden of convincing the judge to reverse the automatic transfer and allow the juvenile to be tried in juvenile court. Pros and Cons of Transfer to Adult Criminal Court Usually, juveniles and their attorneys fight to keep a case in juvenile court. But there are also advantages to being tried in adult criminal court. Here are some of the pros and cons for juveniles whose cases are waived to adult court. Advantages of Adult Criminal Court Sometimes, it can be advantageous for a juvenile to be tried in adult court. Here are some reasons why.
Minors have the right to a jury trial in adult court (most states do not provide a right to a jury in juvenile court). Juries in adult court may be more sympathetic to a minor. In some jurisdictions where dockets and jails are crowded, the court may be inclined to dispose of the juvenile's case more quickly and impose a lighter sentence.
Disadvantages of Adult Criminal Court Some of the disadvantages for juveniles in adult court include the following:
The juvenile is subject to more severe sentences, including life sentences. Judges in adult court do not have the wide range of punishment and treatment options that are available to juvenile court judges -- such as imposing a curfew or ordering counseling instead of jail time. The juvenile may have to serve time in adult jail or prison, rather than in juvenile detention centers. A conviction in adult criminal court carries more social stigma than a juvenile court judgment does. Adult criminal records are harder to seal than juvenile court records -- sealing or "expunging" records makes them unavailable to the public. (To learn more about expunging juvenile records, see Nolo's article Sealing Juvenile Court Records).
To learn more about the arguments juveniles can make to avoid transfer to adult court and how friends and family can help a juvenile who is in trouble with the law, get The Criminal Law Handbook: Know Your Rights, Survive the System, by Paul Bergman and Sara Berman (Nolo). If you need to consult with an attorney experienced with criminal law and the juvenile justice system, you can turn to Nolo's trusted Lawyer Directory to find a lawyer near you. by: Kathleen Michon, J.D.
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