Cjs245: Juvenile - When Are They Considered Adults?

When Are They Considered Adults?

Corey J.Quebedeaux

CJS/245

February 23, 2015

Cory Kelly

When Are They Considered Adults?

Introduction

For over a century, states have believed that the juvenile justice system would be a positive way to protect the public by providing a system that responds to children who are maturing into adulthood. States recognize children, that have committed crimes, are different from adults. Juveniles are seen as less blameworthy and having a greater capacity for change. To respond to these differences, states have established a separate court system for juveniles, and they have created a separate, youth-based service delivery system that is different than that provided to adults. ("Juvenile Law Center", 2015). Though they differ from state to state, the differences between juvenile and adult courts have several general guidelines that do not change. In this paper I will discuss what the juvenile justice system’s purpose is, the similarities and differences between the juvenile and adult courts, and the adjudication process by which a juvenile is transferred to the adult court system.

Juvenile Justice System Overview

The juvenile justice system has changed substantially since 1899, when America’s first juvenile court was established in Illinois. The court process was informal when it was first created and often consisted of nothing more than a conversation between the youth and the judge with no legal representation for the defendant. In order to keep juveniles from being confined in jails with adults, the early juvenile courts created a probation system to provide minors with rehabilitation options through supervision, guidance, and education. Every state and the District of Columbia had soon followed Illinois’s lead and established a juvenile court. In 1967, in the case of In re Gault, the U.S. Supreme Court ruled that the Constitution requires that youth in the juvenile system will have many of the same rights guaranteed to adults that where accused of crimes, to include the right to an attorney and the right to confront witnesses against them. Eventually, the Supreme Court awarded juveniles constitutional rights to have trials that require proof beyond a reasonable doubt and the right against double jeopardy. (“Juvenile Law Center”, 2015).

Today’s juvenile justice system still maintains rehabilitation as its primary goal and distinguishes itself from the criminal justice system in important ways. In most states delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at the time; however, most states also allow youth to remain under the supervision of the juvenile court until the age of 21. In lieu of prison, juvenile court judges draw from a range of legal options to meet both the safety needs of the public and the treatment needs of the youth. In order to protect children from carrying the burdens of their delinquent behavior into adulthood, juvenile court hearings are often closed to members of the public and records are often confidential. (“Juvenile Law Center”, 2015).

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