Juvenile Court and Juvenile

¶ … Parameters of the Juvenile Justice System

Development

The current juvenile system in the U.S. traces its roots to more than 100 years of legal practices and traditions. Additionally, social values, and emerging trends have continued to improve the system. In ancient Greece and Rome, a thin line of distinction existed between the expectations & rights of children and adults. Children were treated in a similar way the adults were treated (Historical Overview of the Juvenile Justice). The American justice system also draws a lot from the English common law, which did not have special consideration for juvenile crimes. It was in the early 1800's that children started being seen as human beings at a unique stage of development, thus, they were no longer viewed as smaller adults who had moral and cognitive capacity of adults.

In the 19th and 20th centuries, there was an increase in urbanization and immigration alongside other social changes. During this period, adolescence was unrecognized and was not considered as an important stage in life in which one moves from childhood to adulthood. The stage provides an opportunity for emotional, social, moral and intellectual maturation. During this period of reforms, there was an attempt to decriminalize delinquency (Historical Overview of the Juvenile Justice). There was emphasis on treating the youthful offenders since they were removed from criminal justice system. The focus was no longer on the offense committed.

During the 1800's, there were attempts to shape the mainstream poor children from the immigrants (Historical Overview of the Juvenile Justice). There emerged special juvenile and family courts and so juvenile matters were removed from criminal courts in the early 1900's and late 1800's.

The juvenile courts were founded in 1899 in Chicago Illinois. They recognized the juvenile court system model. The Supreme Court ruled that the juveniles were entitled to certain rights and procedures even before the court gave waiver (Kent v. United State 1966). In the In-re Winship (1970), the supreme court ruled that to obtain a conviction, the juvenile courts required a proof beyond reasonable doubt and could not rely on the less rigorous preponderance of evidence.

Juvenile Justice System's Philosophy

The court was founded to help answer the society's question '' is there any state that is bound by duty to guard, protect and take care of, and guide children who reside within its borders when such children commit acts that violate the law and engage in socially unacceptable behavior? This idea was expounded and reinforced by Platt's (1969) in which the rise of children saving movement was analyzed. It was reaffirmed by Caldwell (1961), who provided a background in the development of the juvenile court (Development and Philosophy of the Juvenile Court). It then poses the question how the system must be changed to help achieve the standards set by the United States Children's Bureau. Fox 1996 debated on the origin of this perspective and admitted that the underlying theme played a crucial role in the development of the juvenile court (The juvenile court Development & philosophy).

Consequently, we can summarize that the development of a separate juvenile court was engineered by the fact that the society needed to intervene in the lives of the offenders considered to be youthful and who would either continue along the path of criminality and delinquency (Development and Philosophy of the Juvenile Court). This posed further dangers to the safety and preservation of the society which would be in danger because of the shortcomings of guardians and parents.

Differences that Exist between Adult and Juvenile Systems

When an adult is accused of a crime, the juvenile will be accused of delinquent act. This means that the infringement the minor is thought to have committed is considered to be less serious since he/she is not an adult and thus, he/she cannot be subjected to the jury-based trial.

The cases are decided by a single judge. If an adult is found guilty of a given crime, the court places more emphasis on punishment. There is always an attempt to impose a penalty, which deters individuals from committing similar crimes in the future. (Difference between Adult Justice and Juvenile Systems)

Incarceration is normally the means of punishing the culprit. In case of a minor, the focus is on rehabilitation rather than incarceration. Probation and parole are often used as a diversionary tact. Each of the states is allowed to create programs that can serve their own interests. However, the main components of the programs include counseling, making restitution to those harmed by the delinquent act of a minor and performing community services. In most of the states, any individual charged with a crime but who is aged between 10 and 18 years is considered a juvenile. Some states have set the upper limit to 16 or 17 years. If the defendant is accused of a heinous crime, they may be tried in an adult court.

Delinquency and Dependency

The term delinquency refers to an act committed by a juvenile but, which is designated as a crime by the existing law.

Delinquencies are normally handled in 3 ways depending on: (Juvenile Services - Delinquency and Dependency - Beaver County Government):

• Previous offences

• Seriousness of the offense

• Other factors that determines the juvenile's life

Possible ruling include:

• Commitment

• Formal disposition with the court that ordered the probation