Less and Incarceration vs. Executive Summary The use of prisons to control crime has increased in frequency in the last decade. Most recently, mandatory minimum sentencing policies have gained widespread popularity throughout the United States, severely limiting judicial discretion in sentencing.
These courts also arose from a growing belief that instead of being "miniature adults", children and adolescents possess moral and cognitive capabilities that are not quite fully developed.
This process is controversial, due to concerns about the difference between the cognitive and moral capabilities of juveniles vs. Supporters of the abolition of juvenile court, however, argue that prosecuting juvenile offenders Juvenile rehabilitation adult prison vs juvenile incarceration criminal court offers better protection to society and holds juveniles responsible for their actions.
One of the most significant differences is the intent of the two systems; the focus of the juvenile justice system is on rehabilitation and future reintegration, while the goal of the criminal justice system is punishment and deterrence of future crime.
In juvenile court rulings, decisions often take psychosocial factors into account along with current offense severity and the youth's offense history. In contrast, in criminal proceedings, the severity of the offense and criminal history weigh most heavily in sentencing outcome.
Upon release, those who pass through the juvenile justice system receive parole -like surveillance along with reintegration programs, reflecting the belief that juvenile behavior can be changed.
Those released from prison receive surveillance which serves to monitor and report illegal behavior. Juvenile court judges have the ability to transfer juveniles to criminal court, usually takes into account age and severity of offense Prosecutorial Discretion: Prosecutors have the authority to file cases in juvenile court or criminal court jurisdiction Statutory Exclusion: State laws that require juveniles to be tried in criminal court if any previous crimes were seen in criminal court Twenty-three states have no minimum age in at least one judicial waiver or statutory exclusion provision allowing for the transfer of juveniles to adult court.
In states where a minimum age is specified for all transfer provisions, age 14 is the most common minimum age. Other offenses included property offenses In a study that looked at 1, youths, from ten to 17 years of age, it was found that females, non-Hispanic whites, and younger juveniles were less likely to be tried in criminal court than males, African Americans, Hispanics, and older youths.
When the juveniles who were sentenced in criminal court were compared to the juveniles sentenced in juvenile court, those youth who were sentenced to adult prison had greater odds of having a disruptive behavior disordera substance abuse disorder, or affective and anxiety disorders.
These critics state that the boundary between juvenile and adult is no longer as clear, as children appear to grow up faster, with more exposure to adult ideas, and as adults more often engage in juvenile behaviors and activities.
Other critical beliefs of the juvenile justice system are that the system allows for youth to escape the consequences of their actions. This then leads to further predation of society.
This debate centers around the cognitive and moral capacities of juveniles. There have been numerous attempts to conceptualize and organize the abilities needed to be deemed a competent defendant in criminal court. Competency can be defined as the ability to assist counsel and the ability to engage in proficient reasoning and judgment-making.
To demonstrate proficient reasoning and judgment in court-related matters, a defendant must understand that counsel will provide insight and aid, know when it is beneficial to waive certain rights, and comprehend repercussions of certain options within court proceedings.
It was found in this study that approximately one third of to year-olds and approximately one fifth of 14 to 15 year olds are as impaired in capacities relevant to adjudicative competence as are seriously mentally ill adults who would likely be considered incompetent to stand trial.
A study that looked exclusively at juveniles 16—17 years old who were directly filed to criminal court i. First, juveniles have less experience in life. They are less likely to perceive risks and less likely to contemplate how present actions might affect their future situations.
These at-risk adolescents are more often subjected to influences from other troublemaking youth, and opposing these influences has the possibility of resulting in poor outcomes, such as being rejected, suffering ridicule or being physically accosted.
Incompetent juveniles are significantly younger than their counterpart competent juveniles, they are more likely to be wards of the state, more likely to be receiving special education services, and more likely to have suffered previous abuse.
These beliefs show a lack of juveniles' understanding of one's right against self-incrimination.
When comparing juveniles and adults, juveniles are much more likely to refuse to talk to an attorney, even though it is the attorney's duty to help. When juveniles are asked if they trust their attorney, only 6. In a mock jury study, when looking at a case of a previously maltreated juvenile charged with murder, the juvenile defendant was held at less fault by the jury when she was accused of killing her abuser.
The offender's age and level of offense ex. The older an offender is and the more serious his crime, the more likely the public is willing to transfer him. Neither criminal history nor victim information has been found to influence public willingness to transfer.
African-Americans are also more likely than any other race to be targeted for transfer to criminal court. The two other most important factors include age of offender and the offender's criminal history.
However, seriousness of offense and age of offender outweigh whether the juvenile is a 1st time or a repeat offender in attitudes toward transfer.
Whether repeat offender or not the psychological and mental state of the child has everything to do with whether the child will repeat the offense over again. These include a juvenile offender not being forced to serve time in an adult prison, or with adult prisoners.
Extreme sanctions such as the death penalty are generally not handed down to minors. Short-term consequences[ edit ] Inresearchers found that juveniles housed in adult facilities are 5 times more likely to be sexually assaulted than youth held in juvenile detention centers  2 times more likely to be beaten by staff than youth held in juvenile detention centers  4.
If a juvenile is charged with an offence that was committed alongside an adult, then both offenders will be tried in an adult magistrates' court, except if it is necessary in the interests of justice that they both be tried in Crown Court.Increasingly, research points to the negative effects of incarcerating youth offenders, particularly in adult facilities.
Literature published since suggests that incarceration fails to meet the developmental and criminogenic needs of youth offenders and is limited in its ability to provide appropriate rehabilitation.
Community Reintegration Programs For Juveniles - Briana Castillo Community Reintegration Juvenile Justice II Community Reintegration Programs for Juveniles The issue under question has severe implications for any society. The Sentencing Project has worked for a fair and effective U.S.
criminal justice system for 30 years. See Yourself Succeed in Criminal Justice and Corrections. The online degree in criminal justice and corrections at SNHU addresses the continuum of services provided in corrections, including community-based supervision, and the social factors that lead to incarceration.
Britain's Transform Drug Policy Foundation released a report, entitled A Comparison of the Cost-effectiveness of Prohibition and Regulation, on April 7, that posited savings of up to $20 billion annually under a legal, regulated drug control ashio-midori.com the April 10 edition of the Drug War Chronicle explains ("Britain Could Save $20 Billion a Year by Legalizing Drugs, Study Finds.
Lycoming County Court Opinions The database contains over opinions issued by the Lycoming County Court of Common Pleas since Browse - All of the opinions are listed below, with the most recently posted opinion at the top.