Juvenile Delinquency When a Juvenile

Juvenile Delinquency

When a juvenile is arrested they are charged in a totally different system from adults. These systems are known as juvenile system while adults are charged in adult justice systems. There are different factors that come into play when these juveniles are arrested, tried, convicted, sentenced and rehabilitated. These two groups were separated since they differ in their psychological as well as physical needs. A comparison can be made between juvenile and adult justice systems.

The two systems are similar in many ways such as; the policies and procedures of arrests are the same for both juvenile and adult systems. Processing though the terminology may be different the purpose of processing delinquents and criminal suspects is primarily the same. All systems have the requirement of Mirandizing suspects upon their arrest. In both, the accused are given an opportunity to admit to the charges typically for a lesser punishment. In adult systems this is known as plea bargain while in the juvenile systems it is referred to as modifying the petition. Both systems can decide whether to hold the suspect in custody until they are tried. In the juvenile system a judge is the one who determines whether or not the suspected delinquent should be held for the safety of him and the public as a whole on the other hand, in adult systems a defendant may be given an opportunity to pay bail.

When it comes to trial, there is presentation of evidence to a jury who will be the mandate to decide whether or not the suspect is guilty of the crime or not. These juries are found in both juvenile and adult sytems.There is cases where there is no jury but a judge who presides over the whole process and will make the final decision whether the suspect is guilty or not. In both systems the delinquents and convicted criminals are given an opportunity to appeal the verdict based on either factual evidence that may have not been presented at the trial or any violations in the procedures in the course of the trial (Spencer, 2007)

There are also some notable similarities in the sentencing and incarceration in that once the defendant has been found guilty the court is the one that determines the appropriate punishment. In juvenile systems a disposition hearing is conducted following the adjudication process. In adult systems this decision may be conducted through a sentencing hearing or may be on the basis of state sentencing guidelines for the particular offense in question. In both systems, judges have a leeway to determine a proper sentence. Juvenile judges have a broad range of options from immediate parole to placing delinquents in juvenile facilities or county jails on the other hand the criminal judges in adult courts work within state mandated guidelines and on special circumstances of the specific crime the defendant is accused of may increase or decrease a sentence (Spencer, 2007)

As an eventual event, most criminals or delinquents will be released back into the public. In both systems there can be release of the sentenced when they have served their entire sentence and released without conditions. On the other hand they can be paroled on condition that they abide by the conditions that have been mandated by the systems. The paroled individuals in both adult and juvenile courts may require electronic ankles, regular phone calls with the parole officer or social workers, get and maintain a job or even attend school regularly. In either systems parole is used as a way to determine whether the individuals have the capability of becoming law abiding citizens or whether they should be taken back to detention (Spencer, 2007)

In both systems the individuals have various rights that include the right to an artoney, the right to confront and cross-examine a witness. They also have the privilege against self-incrimination. They also have right to hearings and appeals as well as plea bargaining. They also have the right to notice of the charges leveled against them. There is also the requirement that the prosecution to provide proof beyond a reasonable doubt before any person is convicted. For those adults and children that admit guilt both systems offer procedures that safeguard and protect their rights ( LaMance, 2011).

There are also differences between the two systems these include; the underlying rationales of the juvenile system are that the youth are different in terms of development from adults and hence their behavior is malleable hence rehabilitation, treatment in addition to community protection are considered the primary and viable goals but when it comes to adult systems rehabilitation is not considered as a primary goal. Their operation is under the assumption that criminal sanctions should be proportional to the offense. The successful outcome of the punishment is seen as deterrence.

Another difference is the access to records in juvenile systems there are limitations that are placed on the public access to juvenile records since there is belief that the juvenile offenders can be rehabilitated and hence avoid unnecessary stigmatization. The court proceedings are made confidential to protect privacy. When it comes to adult systems there is open public access to criminal records and all court proceedings are open for the public (WGBH educational foundation, 2012)

A juvenile offender is judged as delinquent rather than guilty. This is because of the individualized nature of the juvenile system; the sentencing varies and may cover a wide range of community-based and residential options. When a disposition is made it is on the basis on the history of the individual's offenses and how severe the offense was including the significant rehabilitation component. The disposition can be for a period that is unspecified; the court can send the youth to a facility or program until the determination is made that he or she is rehabilitated or the majority age is reached. The disposition may also include a restitution component and can be directed at people other than the offenders like parents. On the other hand in adult systems the defendant is found innocent or guilty. The offender is sentenced to a specified period of time that is determined by the severity of the offense as well as the criminal history of the defendant (WGBH educational foundation, 2012)