Juvenile and Adult Courts: A Comparative Analysis
One of the main differences in the juvenile and adult courts is the terminology which is used. For juveniles who are brought into court, the terminology refers to the situation as an “act of delinquency”. In the adult court the term “crime” is used. Another difference is the way in which the juvenile offender’s background is taken into consideration. For instance, the juvenile’s academic record and family background are taken into consideration for the case (Brick by Brick). This is not true in the case of the adult. Adults do not receive this special consideration when they are in front of the judge.
The juvenile courts tend to focus on the individualized rehabilitation of the offender. The adult courts tend to focus on the “expression of the community’s disapproval for the illegal behavior with an appropriate amount of punishment for every conviction.” (Brick by Brick) It is interesting that when offenders are in the adult courts that we no longer take into consideration their backgrounds or special circumstances. It seems that as a society, we tend to try and protect our children regardless of their actions.
The juvenile courts have several steps that the adult courts do not. The juvenile courts begin with the term of delinquent, and the act is referred to as a delinquent act. In the case of the adult, the person is known as a criminal who committed a crime. It would seem that there is severe labeling from the beginning of the case. To clarify the term labeling, it can be described as a common occurrence in our lives. When children are referred to as delinquents or adults are called criminals for their actions, this is an example of labeling.
The next stage is even more complex pertaining to the juvenile. Juvenile offenders are not arrested like an adult; they are instead taken into custody. While an adult would be indicted the juvenile has a petition filed against them. (Juvenile Delinquency, the Core) In the juvenile court they agree to a finding or deny the petition. Adult offenders must plea, either guilty, not guilty or no contest. In the juvenile court the case can have an adjustment made to it. While in the adult court this is known as a plea bargain. From that point, the juvenile court will decide if the juvenile offender will remain or be placed into a detention facility or child care shelter. Adults in this aspect of due process will be sent to, or returned to jail. The next step for the juvenile would be a substitution. At this point, an adult would be facing a possible reduction of charges. The juvenile would then be faced with the adjudication, which is also known as a fact finding hearing. In adult courts, this would be called a trial. (Juvenile Delinquency, The Core)
After adjudication, the process continues. There is a dispositional hearing for the juvenile. In the adult court after the trial, if there is a conviction, there is a sentence hearing, and of course the sentence. In the juvenile court, the sentence may range from commitment to a youth center, or treatment training school. At this stage an adult would be facing incarceration or a prison of some type if no less drastic alternatives are available. (Juvenile Delinquency, The Core)
These would be options like probation; parole, electronic monitoring or halfway houses just to name a few. There are also measures which need to be taken before the final release of the offender. The juvenile may be moved to a residential child care facility or aftercare facility. An adult at this stage may be moved to a halfway house, or parole/probation. (Juvenile Delinquency, The Core)
There are some important differences in the juvenile and adult courts which protect the offenders. For instance, in the juvenile courts the age of the juvenile is taken into consideration, along with the nature of the offense. This protects the juvenile from being tried as an adult if the age, nature of the crime and even the mentality do not warrant that the juvenile be tried as an adult. (Juvenile Delinquency, The Core) An example of this would be if a 13 year old juvenile stole a car and went joy riding. If it were their first offense they wouldn’t be tried as an adult because it is not a heinous or severe crime. It would most likely be dealt with in the juvenile courts.
There are many similarities as well as differences between the juvenile and adult courts. “There are similarities in the institutions, processes and laws of the two systems.” In both systems authority figures such as police officers, judges and correctional employees are allowed to use discretion in their decisions. An example of discretion being used is if an authority figure decides to let an offender off with a warning, as opposed to issuing a citation or taking someone into custody. (Juvenile Delinquency, the Core)
Both juvenile and adult offenders are entitled to receive the Miranda warnings. Juveniles and adults are protected from prejudicial lineups or other identification procedures. The prosecutors and defense attorneys are equally imperative parts of the judicial system for both juvenile and adult offenders. Juveniles and adults receive equal protection of their rights during the court process. In situations in which the offender, a juvenile or adult is considered dangerous, they may be detained without bail. Drug testing can be mandatory in juvenile cases as well as adult cases. During the court process there are “safeguards” in place which protect both juveniles and adults when they make an admission of guilt. In both juvenile and adult cases there are negotiations and plea bargains which can take place. There is a standard of evidence in the juvenile and adult courts. The proof must be beyond a reasonable doubt. This is important because it ensures that the offenders receive a fair trial. (Juvenile Delinquency, The Core)
There are critics of the juvenile system who feel that all cases regardless of age should be dealt with in the adult criminal courts. This would mean complete abolishment of the juvenile court system. (Criminal Justice Magazine)The talk about abolishing delinquency, as well as the juvenile court system has people split. The problem exists because both sides cannot agree on what the actual problem is. Some people are prone to believe that the solution lies within the abolishment of the juvenile courts. The other people believe that the solution is to abolish juvenile delinquency. However this is far easier said than done. (Criminal Justice Magazine) The problem is more complex than people realize.
The problem with the idea of abolishing the juvenile court system is that it would be a long drawn out process. This would severely impede justice from being served in a timely manner. If society decides as whole to transition all of the juvenile cases to the adult or “criminal” court, there needs to be an intricate replacement plan in place. There would be complete chaos in the judicial system if there were no replacement plan intact. This would include having a unified system. The former juvenile judges would need to step into deal with the now criminal cases. The enormous transition to abolish all juvenile cases would create a large influx of adult correctional needs. The need for more probation and parole officers, and correctional facilities would become an emergent need. The truth of the matter is that juveniles are currently best served under their own court system.
While the thought of this being a simple and imperative transition is a noble idea on paper, it would actually be a complex and cumbersome solution. This transition would not happen in a short period of time. It would not address the real issue at stake. The real issue is allowing the judges to “quickly and decisively intervene” in these juvenile cases. (Criminal Justice Magazine) This is important is because juveniles must be held accountable for their actions. It is imperative that they are not prosecuted in a wrongful manner.
It is the view of some people that “the juvenile court has never lived up to its rehabilitative promise and it never will.” (Criminal Justice Magazine) The other dilemma is that some juveniles are beyond rehabilitation and require more drastic measures. Some of these drastic measures may entail long-term imprisonment or institutionalization. For those who are beyond rehabilitation, they can, and should be dealt with by the adult courts.
The Future of the Juvenile Justice System
The future will bring many changes within the juvenile justice system. As the world’s population increases, it creates a demand for more judges, courthouses, and of course police, probation officers and other authority figures. People will continue to commit crimes, and society must be prepared to deal with the consequences. This means that parents must take some accountability for their children’s actions. They must be pro-active, not reactive in helping their children. This is especially true for those who have children who are involved in delinquent acts. Parents should be involved in the development of their children throughout their lifetime. This can include doing volunteer work with their children, spending quality time with their children. Parents can take time to teach their children how to give back to the community.
The need for programs which are affordable to the lower income families is imperative. The programs would be free or on a sliding scale. The type of services that would be offered would be counseling and substance abuse treatment. This would be beneficial for those who have emotional problems, or substance abuse problems. Another important program would be substance abuse programs. This is especially true with the statical data which shows the increase of drug and alcohol use in juveniles. The data shows that more than 90% of high school seniors use alcohol and that 2/3 of seniors have been drunk. It has also been found that more than Ã?½ of all high school kids have tried drugs. (Juvenile Delinquency, The core) This is a reality check that kids are doing drugs, and parents don’t even realize it. That leaves an estimated 10 % of the high school population that is not doing drugs. Kids are at risk. Society must make these programs available through the school, or on an outside basis, and of course inpatient treatment. These programs should be available with and without a court order.
It could be a beneficial idea to court order an at risk youth into mentor-ship programs for positive guidance. There needs to be more positive interactions with juveniles. This is especially true for those who are at risk for delinquency or further delinquent acts. Programs such as Big Brothers and Big Sisters are highly positive, and have been found to be deterrents to delinquency. They have high success rates and currently serve over 200,000 juveniles through all 50 states. The ages of youth in the program range from 6-18. The program has mentors in more than 5,000 communities. (Big Brothers Big Sisters.com) The Big Brothers and Sisters program is geared towards mentoring at risk youth “to overcome the many challenges that they face.” The statistics speak for themselves. Of those who participated in the program, 46% were less likely to begin using illegal drugs, 27% less likely to begin using alcohol, and 52% less likely to become truant. The mentor-ship also provides the youth with confidence in themselves, and school work. It also enhances the ability to maintain relationships. (Big Brothers and Big Sisters.com)
The truth is that juveniles will continue to act out when they have so many forces against them. No one asks to be born poor, or socially disadvantaged. Instead of pushing people further into their situations we must give them a helping hand. We must help entire families in the cases of juvenile delinquency. It would seem that most juveniles act out because of situations at home or individuals in their environments that have an influence on them. Some ways to give a helping hand would be to offer employment opportunities to at risk youths. These could be simple jobs, possibly working with or assisting the elderly in a supervised situation. This could include working for the city in a cleaning crew. There are endless possibilities of ways to enrich the lives of other people.
It is not a surprise that the juvenile and adult courts are different in many ways, as well as similar in other. However, the concern is growing as juveniles are becoming more violent and delinquent in their actions. This is why many feel that the juvenile court should be abolished. There is no easy way to transition all juvenile cases to the adult court system. There are no feasible means of abolishing delinquency, unless we take severely drastic measures. This would range from locking all the children in their homes, so that they cannot be social within the community. Society needs to take positive steps towards change. The thought of locking up the children is absurd. Instead of taking drastic measures we need to continue to work towards positive change.
We need to include parents in this step forward. Parents are a tremendous influence on their children from birth to adulthood. The influence of positive role models in families, friends, teachers, authority figures and mentors can only help with the problem of delinquency. We must maintain a system which will hold the juvenile and adult offenders accountable for their actions, without violating their rights. We cannot treat people unjustly, cruel or unfairly. In the court of law, juvenile or adult justice is meant to be fair, and balanced.
