Consequently, these differences in mental abilities necessitate the fact that children or juvenile offenders should be tried separately from their adult counterparts because of their mental abilities. Those in opposition to the juvenile justice system and proponents of the eradication of the juvenile courts argue that a crime is a crime regardless of who commits it and that there should be a single justice system to try both juveniles and adults. However, this argument is not only chaotic but also faulty since it has been proven that children between the age of nine and ten years have a very different mental ability to that of adults. It is therefore impossible for children within this age to plan and carry out a crime and even understand its consequences (Borkar par, 4).
Consequences of Transfers:
An examination of the recent cases of transfer of juvenile offenders to the adult criminal justice system is…...
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Works Cited:
Borkar, Rujuta. "Should Juveniles Be Tried as Adults." Buzzle.com: Intelligent Life on the Web. Buzzle.com, 29 June 2010. Web. 30 Nov. 2010. .
Maroney, Terry a. "Should Juveniles Be Tried as Adults?" Vanderbilt University Law School. Vanderbilt University, 8 Jan. 2007. Web. 30 Nov. 2010. .
"Should Juveniles Be Tried as Adults?" Cliff Notes: The Fastest Way to Learn. Wiley Publishing, Inc. Web. 30 Nov. 2010. .
Steinberg, Laurence. "Should Juvenile Offenders Be Tried as Adults? A Developmental Perspective on Changing Legal Policies." Temple University. Department of Psychology, Temple University, 19 Jan. 2000. Web. 30 Nov. 2010. .
Juveniles and the Legal Process
Juvenile crime is a problem that affects every society. In 2010, around 500,000 juveniles were arrested for drug abuse violations in the U.S. Some of the crimes committed by juveniles are robbery, vandalism, assault, and homicide. Some organizations have tried to help the teenagers to stop the vice because it is an issue affecting the entire community. In most states, the Juvenile Law determines the upper age-old eligibility. However, in some cases like violations or abuse, most states extend jurisdiction through 20 years. There are many reasons why juveniles engage in crimes. It has been shown that dangerous juvenile behaviors originate from domestic violence, family breakdown, and lack of parental moral supervision and guidance. One of the vital causes of juvenile delinquency is broken families. In fact, the separation of parents affects the behavior and psychology of children starting from early infancy. It is true that…...
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Works Cited
Carmen, Rolando V., and Chad R. Trulson. Juvenile justice: the system, process, and the law. Belmont, CA: Thomson/Wadsworth, 2006. Print.
Elrod, Preston, and Ryder Scott R. Juvenile justice: a social, historical, and legal perspective. 3rd ed. Sudbury, Mass.: Jones and Bartlett Publishers, 2011. Print.
Hoge, Robert D., and Andrews, D.A.. Evaluation for risk of violence in juveniles. Oxford: Oxford University Press, 2010. Print.
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses do not have the same constitutional rights as those afforded adults facing similar charges. In fact, it is has been only in the past several decades that juveniles had any due process rights at all. Beginning in the mid-1960s, the courts began recognizing the need for providing juveniles with some of the same rights given to adults but the granting of these rights came about only after a shift in policy by the courts.
Traditionally, juveniles that became involved in criminal behavior were not charged with violating a criminal statute. Instead, the states set up special courts, usually identified as juvenile courts that handled juveniles as being…...
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References
Holtz, L.E. (1973). Miranda in a Juvenile Setting: A Child's Right to Silence. The Journal of Criminal Law and Criminology, 534-556.
In re Gault, 387 U.S. 1 (U.S. Supreme Court 1967).
Jenkins, R. (2002). An Historical Approach to Search and Seizure in Public Education. Washington State University Law Review, 105- 122.
052 (Barkan & Cohn, p.205).
Death Penalty Attitudes of the Offender
The same literature that shows blacks are less likely to favor capital punishment shows that black offenders are more likely to support shorter sentencing and less likely to agree with capital punishment (Baker, Lambert & Jenkins, 2005). At least, this trend is evident with regard to violent crimes. When approaching individuals and asking about minor crimes, black and white attitudes were similar (Baker, Lambert & Jenkins, 2005). However, this information is to be taken with a grain of salt, because other studies of harsh punishment suggest little differences exist in the opinions of offenders with regard to violent crime and non-violent crime, and with regard to capital punishment (Tsoudis, 2000).
Weitzer (2000) suggests black male offenders (36%) are more likely to support life sentences than they are capital punishment, especially if they come from environments that are poor and where they lack…...
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References
Baker, David N., Lambert, Eric G. & Jenkins, Morris. (2005 Mar) Racial differences in death penalty support and opposition: A preliminary study of white and black college students. Journal of Black Studies, 35(4): 201-224
Barkan, Steven & Cohn, S. (1994). Racial prejudice and support for the death penalty by whites, Journal of Research in Crime and Delinquency, 31(2): May: 202-209.
Bedau, Hugo a., & Cassell, Paul G. (2004) Debating the death penalty: Should America have capital punishment? The experts on both sides make their best case. New York: Oxford University Press.
Cochran, John & Chamlin, Mitchell. (2006) the enduring racial divide in death penalty support. Journal of Criminal Justice, 34(1): 85-99.
This had lead to a growing number of states segregating juveniles and adults within the adult prison. Judges are also taking into account the availability of beds when they determine sentences for juveniles that have been tried as adults and may go so far as putting the youth on probation rather than putting them in an adult prison with adult prisoners (Should Juveniles Be Tried as Adults, 2007).
It is often believed that if a child is old enough to do the crime, then they are old enough to do the time. While young people must be held accountable for serious crimes, the juvenile justice system was set up for precisely that reason. Channeling youth into the adult system does no good and in the end causes harm. Juveniles are not adults, and trying them in an adult court does not make them one. When these youth are tried in…...
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References
Beeler, Lori. (2009). People, They Are Not Adults. Retrieved June 8, 2009, from Web site:
According to Prchal, "As the nineteenth century became the twentieth, the United States experienced an unprecedented surge in immigration. Some 3.8 million Italians, 3.4 million Slavs, and 1.8 million ussian and Eastern European Jews -- along with still more from other ethnic groups -- entered the country between 1899 and 1924" (at 189). These enormous numbers of newcomers to the country concerned those who were already here, particularly most native-born Americans; however, the ethnic composition of these new arrivals was the source of even greater concern for many: "Unlike the so-called 'old immigrants,' Prchal says, "who had come from the northern and western regions of Europe (and continued to do so in declining percentages), the majority of these 'new immigrants' were arriving from southern and eastern Europe. The descendants of the earlier immigrant groups often perceived the Italians, Slavs, Jews, and others entering the country as belonging to races…...
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References
Laura K. Abel et al. If You Gag the Lawyers, Do You Choke the Courts? Some Implications for Judges When Funding Restrictions Curb Advocacy by Lawyers on Behalf of the Poor. 29 Fordham Urban Law J. 3, 873 (2002).
L. Anne Babb et al. Adopting and Advocating for the Special Needs Child: A Guide for Parents and Professionals (1997).
Gauri Bhattacharya. The School Adjustment of South Asian Immigrant Children in the United States. 35 Adolescence 137, 77.
life have the ability (and actually do) impact each and every member of society. Crime is one such issue that crosses economic, ethnic, political, religious, and social backgrounds. One reason why crime is such a paramount issue in modern society is that it impacts individuals emotionally, financially, physically, etc. And instills a deep-rooted sense of fear in those who have been victimized. In addition, while there are a multitude of explanations for why individuals (both adults and juveniles) commit crime, no single reason explains all of the complex economic, emotional, psychological, and sociological facets associated with this issue.
In recent years, there have been numerous high profile cases involving juvenile offenders. Some of the most common yet horrifying examples of such crimes include the Columbine shootings (as well as many other school shootings involving teenagers), group killings of teachers as well as peers, etc. Not only have the number of…...
Juvenile-justice experts stress that as juveniles differ developmentally from adults, they should be treated in a different way in the criminal justice system. "Minors are generally less mature, more submissive in the face of police authority, and lack critical knowledge and experience, as compared to adults," Marsha Levick of the Juvenile Law Center in Philadelphia, in a friend-of-the-court brief, stresses. ("How should police...," 2004)
Special Miranda ule for Juveniles?
During October 1995, Detective Cheryl Comstock, Los Angeles County Sheriff's department, contacted the mother of Michael Alvarado, seventeen-years-old, who had been involved in an attempted car robbery resulting in Francisco Castaneda's murder. In turn, Alvarado's parents brought Alvarado to the Sheriff's station and advised Comstock she could interview him. Alvarado, and his parents requested that someone accompany Alvarado during the interview, however, the requests were dismissed. ("How should police...," 2004) egarding the determination of Alvardo's ultimate appeal.".. The substantive matter of whether…...
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References
Bibas, S. (2003). The Real-World Shift in Criminal Procedure. Journal of Criminal Law and Criminology, 93(2-3), 789+.
Buckley, Joseph P., III. "Criminal interrogation techniques on trial.," Security Management, October 1, 1992.
CHILD INTERROGATION UNDER THE GUN ARMED ROBBERY CASE BRINGS TO LIGHT ISSUE OF WHETHER TEENS SHOULD GET TO HAVE PARENTS WITH THEM DURING QUESTIONING.(LOCAL/WISCONSIN)," Wisconsin State Journal (Madison, WI), November 8, 2004.
Fighting Depression. (2006, March 1). Manila Bulletin, p. NA.
Juvenile Arrests:
The law enforcement agencies in the United States reported approximately 2.11 million juvenile arrests in 2008 of people younger than 18 years. As compared to 2007, there were fewer juvenile arrests with 3% decline and 2% decline in arrests associated with violent crime. The decline in juvenile arrests continued a trend that was prevalent after 2007, which had a higher rate of arrests of people below 18 years. Actually, these arrests had escalated for nearly more than two years since the 2005 statistics. The increase during this period was accompanied with concerns that the country was on the verge of another juvenile crime wave. A significant portion of juveniles who were arrested during period were accused of violent offenses like rape, aggravated assault, and murder.
Overall Decrease in Juvenile Arrests:
In 2008, there were slightly more than 2 million people under 18 years who were arrested most of who were accused…...
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References:
Cauffmann, E. (2008). Understanding the Female Offender. Juvenile Justice, 18(2). Retrieved
Children Who Commit Sex Offenses
Juvenile sexual offenses have become a major issue in the juvenile justice system given that nearly 30% of all sexual assaults on children are carried out by perpetrators below the age of 18. The increase in juvenile sexual offenses has contributed to the need for professionals to develop effective means to respond to these crimes. Moreover, this recent trend has contributed to numerous studies on juvenile sexual recidivism. According to the findings of studies conducted since the early 1980s shows that a huge portion of sexual offenses against children are carried out by those below 18 years (Wind, 2003, p.76). Further researches demonstrate that nearly 20% of rapes and between 30 and 50% of sexual offenses or abuse is carried out by juveniles, especially males.
Based on these recent statistics, juvenile sex offenders continue to pose a huge problem for the law and society. The significant challenges…...
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References
Ratnayake, A.A. (2013, March 8). Juvenile Sex Offenses: Finding Justice. National Center for Prosecution of Child Abuse, 23(9), 1-4.
Wind, T.E. (2003). The Quandary of Megan's Law: When The Child Sex Offender Is A Child,
37 J. Marshall L. Rev. 73 (2003). The John Marshall Law Review, 37(1), 73-124.
In addition, the threat of being placed in an adult facility not only doesn't lower crime rates among juveniles, but increases their chances of recidivism and violent behavior (Elikann, 1999). As one critic of the current laws stated: "This country's laws recognize that juveniles are too young to drink alcohol, vote, engage in legal contracts and enter into marriage, all because they are still developing mentally and emotionally" (Bilchik, 2003). Yet today, approximately 200,000 young offenders are funneled directly into the adult court system, "the majority for property crimes and drug-related offenses" (Bilchik, 2003). Sadly, while there are situations in which even an adolescent is a "lost cause" and must be kept locked away, the great majority of cases in which juveniles are tried as adults are unnecessary and unwise (Elikann, 1999). Granted, the juvenile justice system is overloaded and needs to change, but channeling children into the adult…...
Bilchik, S. (2003). Sentencing Juveniles to Adult Facilities Fails Youths and Society. Corrections Today, 65 (2), 21.
Elikann, P. (1999). Superpredators: The Demonization of Our Children by the Law. Reading, MA: Perseus.
Feld, B. (1997). Abolish the Juvenile Court: Youthfulness, Criminal Responsibility, and Sentencing Policy. Journal of Criminal Law and Criminology, 88 (1), 68-136.
Juveniles
Since biblical times, children have been mentioned and admonished about social transgressions. The first man and woman, according to the Christian Holy Bible suggest that Adam and Eve, both children of God, were in trouble from the outset; the consequences were dire with no "out" such as rehabilitation. Today, of course, we see that rehabilitation is the primary focus for children's behaviors. Further, social attitudes toward children differ around the world in various cultures. These attitudes have changed over time, of course. The purpose of this paper is to detail differences in perception of children throughout history, with a particular emphasis in the periods between 1824-1960 and, in contrast the "modern" period after 1960.
The age at which children are considered responsible for their own actions (e.g., marriage, voting, etc.) has also changed over time, and this is reflected in the way they are treated in courts of law. In oman…...
Rachel K. Jones and April Brayfield, Life's greatest joy?: European attitudes toward the centrality of children. Social Forces, Vol. 75, No. 4, Jun 1997. 1,239-69 pp. Chapel Hill, North Carolina
Akers, R.L. (1973). Law and Control in Society. Englewood Cliffs, NJ: Prentice-Hall.
Based on statistics, nearly one million eighth graders admit getting drunk and another 1.2 million twelfth graders are considered binge drinkers. Heroin use by young adults has doubled from 1991 to 1996 and even teenage compulsive gambling is on the rise (http://www.einstein.edu/e3front.dll?durki=8576,2004).
Youth Gangs and Violence - The Starting Point
It should be noted that violence started from the family affecting the whole society. hat an individual has for a family, what can be seen in the society, what is seen in the environment are all clear reflections of the kind of people a certain society is bringing up - whether it is a deviance to the society or not.
Now, pertaining to the crimes and how the government solved it, it must be remembered that the laws are already there, it is already being maintained by the concerned officials and followed the U.S. citizen. But there are still some other aspects that…...
, 1914, p. 500).
Meanwhile when the state asserts control over the child due to his non-criminal behavior that governmental intervention supports parens patriae, Siegel maintains. (Parens patriae in Latin means "substitute parent"; its been the court's prerogative to intervene in cases where through no fault of his own a child has been neglected or is dependent, Alarid, et al., explains on page 326). States' intervention supports parens patriae simply because state courts believe -- and they assume without really knowing for certain -- that status offender is in his best interests (Siegel, 17). Approximately 150,000 under age youths (technically children) are sent to juvenile court as "status offenders" every year, Siegel explains (17). This policy takes due process and throws it out the window, just because the individual is under age.
The U.S. Congress passed the Juvenile Justice and Delinquency Prevention Act in 1974, which provides funds to make it possible…...
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Works Cited
Alarid, Leanne Fiftal, and Del Carmen, Rolando V. (2010). Community-Based Corrections.
Florence, KY: Cengage Learning.
McLaughlin, Andrew Cunningham, and Hart, Albert Bushnell. (1914). Cyclopedia of American
Government, Volume 1. Emeryville, CA: D. Appleton and Company.
However, the prosecutor is not the only person who can seek a transfer. Juvenile court judges can also begin transfer proceedings (Michon, 2012). Furthermore, in some states there are automatic transfer laws, which require that juveniles over a certain age be tried as adults when they commit specific crimes, usually violent crimes like rape or murder. In states without automatic transfer laws, the defendant is entitled to a hearing prior to being transferred. At this hearing, which is known as the waiver hearing, fitness hearing, or certification hearing, the prosecutor has to show probable cause that the defendant committed the crime (Michon, 2012).
Establishing probable cause is only the first step in the waiver process. Once probable cause is established, it becomes the court's duty to determine whether the juvenile is likely to be rehabilitated. This is the most difficult part of the determination because it involves predicting the future…...
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References
Applegate, B., King Davis, R., & Cullen, F. (2009). Reconsidering child saving: The extent and correlates of public support for excluding youths from the juvenile court. Crime & Delinquency, 55(1), 51-77.
Fristsch, E., Caeti, T., & Hemmens, C. (1996). Spare the needle but not the punishment: The
incarceration of waived youth in Texas prisons. Crime and Delinquency, 42(4), 593-609.
Jordan, K., & Myers, D. (2007). The decertification of transferred youth: Examining the determinants of reverse waiver. Youth Violence and Juvenile Justice, 5(2), 188-206.
According to some authors, divorce is a problem when it comes to delinquency. Others do not see a strong correlation. For example,
"The variables that predict male delinquency were found to be different from those that predict female delinquency. Characteristics of the parents' marriage play an important role for boys, while misbehavior of girls is more strongly predicted by variables measuring parent-child interaction and parental control." comes from http://onlinelibrary.wiley.com/doi/10.1111/j.1533-8525.1982.tb01014.x/abstract and appears to say that only boys are affected by factors in their parents' marriage when it comes to delinquency.
However, this article: http://www.tandfonline.com/doi/abs/10.1300/J087v39n01_07#.UnhDkOLufLY states that divorce is a cause of....
The Toulmin Model refers to a way of making arguments. It breaks the argument into six parts: claim, grounds, warrant, qualifier, rebuttal, and backing. The first three parts, the claim, grounds, and warrant are considered the fundamental parts of the argument, with qualifier, rebuttal, and backing considered as supplementary to the argument. The claim refers to what you are trying to prove. In this assignment, you would either be trying to prove that curfews are beneficial or detrimental.
One of the difficulties with your assignment is that it is not clear what type of curfews you need to....
Forensic psychology refers to applying psychology to legal issues. Forensic psychology can be applied to civil and criminal legal cases but is most commonly associated with criminal cases.
Ten possible essay topics / titles for forensic psychology are:
Future Dangerousness: Can Forensic Psychologists Assess Future Risk
Beyond Criminal Profiling: How Forensic Psychologists Help Law Enforcement
Legally Crazy Versus Mentally Ill
Victim Profiling: What Makes Some People Targets
The Psychology of Policing
Best Interests of the Child: How Forensic Psychologists Can Help in Child Custody Cases
Inherently Unreliable: The Problem with Eyewitness Testimony
Undeveloped Brains: Why Juveniles Should Not Be in the....
1. The impact of probation on recidivism rates: Does probation effectively reduce the likelihood of offenders committing future crimes?
2. The effectiveness of probation programs in promoting rehabilitation and reintegration into society for offenders.
3. Challenges and opportunities in probation supervision: How can probation officers effectively monitor and support individuals on probation?
4. The role of evidence-based practices in probation: How can research be used to improve the outcomes of probation programs?
5. The future of probation: What innovations and advancements are being made in the field of probation supervision and how will they shape the future of criminal justice?
6. The intersection of probation....
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