Essay on "Juvenile Courts and Adult"

Essay 4 pages (1375 words) Sources: 3

[EXCERPT] . . . .

Other jurisdiction may impose such a mixed sentence at the original hearing." (Fagan and Zimring, nd, p.1) It is reported that these blended systems "with ability to impose serious prison terms, appear to undermine the juvenile justice systems' commitment to the life opportunities of young offenders." (Fagan and Zimring, nd, p.3)

IV. Societal Implications of Abolishing Juvenile Court

It is reported that there is a need for "empirical assessment of transfer policies and for ongoing evaluations of transfer law in action" because the transfers are "putting increasing strain in the criminal justice system, where prosecutions demand far more resources." (Fagan and Zimring, nd. p.3) According to Fagan and Zimring it is not yet known what the transfers will do to the criminal justice system and neither are the effects on the youths involved yet known. This is reported to be in part due to the fact that data collection "has not kept pace with the growing complexity of the system, and those who follow youth welfare seldom extend their watchfulness into the criminal courts." (Fagan and Zimring, nd, p.3) It is however, reported that due to the increases in the use of transfer there is a critical need for "explicit policies toward adolescents in criminal courts." (Fagan and Zimring, nd, p.3) The research that is available shows that in view of the reduction of recidivism and crime control that transfer "has proven to be counterproductive" and that youths rather than being "scared straight…are more likely to commit new offense, especially if they've spent time in jail or prison." (Fagan and Zimring, nd, p.3-4) In addition, transfer has been found to result in quicker reoffense and reoffense occurring more often on the part of juveniles. A question reported to be even more troublesome is that of "how transferred youths are to be treated in the criminal system. There is no evidence that a 14-year-old who commits a "transferable" crime is more mature or responsible than others his age, or less amenable to treatment." (Fagan and Zimring, nd, p.4) The question remaining then is how should the youthful offender be handled by the court system? It is reported, that the achievement of justice in transfer is highly reliant on the "quality of justice in the criminal justice system." (Fagan and Zimring, nd, p.4) The policies need to address specific issues including: (1) diminished responsibility and reduced levels of punishment; and (2) development of age appropriate institutions, programs, and protections. (Fagan and Zimring, nd, p.4)

V. Summary and Conclusion

The juvenile court system and adult court system differ widely in their treatment of the youthful offender in that the juvenile court system seeks to rehabilitate the offender while the adult court system seeks to punish the offender. Transfer of juveniles to adult court has serious implications, which need to be researched thoroughly in regards to policies on treatment of juvenile offenders in the adult court system and the institutional needs of youthful offenders once found guilty of having committed a crime. Transfers of youthful offenders into the adult court system have been found in the research to be ineffective and to even result in youthful offenders reoffending more quickly and to repeat offend more often.

References

Fagan, J. And Zimring, FE (nd) The Changing Borders of Juvenile Justice: Transfer of Adolescent to the Criminal Court. John D. And Catherine T. MacArthur Foundation. Research Network on Adolescent Development and Juvenile Justice. Retrieved from: http://www.adjj.org/downloads/8710Changing%20Borders.pdf

Juvenile Waiver Transfer to Adult Court (2013) FindLaw. Retrieved from: http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html

LeMance, K. (2013) How Does the Juvenile Criminal System Differ from the Adult Criminal System? LegalMatch. Retrieved from: http://www.legalmatch.com/law-library/article/juvenile-vs.-adult-criminal-system.html

Mole, D. And White, D. (2005) Transfer and Waiver in the Juvenile Justice System. CHILD WELFARE LEAGUE OF AMERICA National Center for Program Standards and Development Juvenile Justice Division. Retrieved from: http://www.cwla.org/programs/juvenilejustice/jjtransfer.pdf

Overview of Juvenile Justice and Delinquency Prevention (2013) Office of Justice Programs. Retrieved from: http://www.ojjdp.gov/ojstatbb/court/overview.html READ MORE

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