Due Process And Juveniles Rights - 1305 Words

Lindsey Angell Juvenile Delinquency Dr. Olson 2 October 2015 Chapter 7: Due Process and Juveniles’ Rights The U.S. Supreme Court on Juvenile Justice During the first sixty years of its existence, the practices and policies of the juvenile court went unchallenged. The original goal of the juvenile courts was to focus more on treatment instead of punishment. Kent v. United States (1966) In 1961, 16-year-old Morris Kent was charged with rape and robbery when he was on probation. Kent was sentenced to 30-90 in prison after being found guilty in a criminal court. The judge had waived jurisdiction without a hearing, therefore, the waiver was found invalid. In re Gault When 15-year-old Gerald Gault was on probation, he and a friend made ‘obscene comments’ in a telephone call made to a female neighbor. At the hearing, Gerald had no counsel. On top of that, the victim, the neighbor, was not present, and there was no evidence presented. He was found guilty and sent to a training school. Personally, I think that the trial was really in violation of due process rights. From what I have learned in the past, all suspects have access to an attorney, and they have a right to be able to face the victim in their trial. Having Gerald adjudicated delinquent and sending to a training school was unfair to him. He had an unfair trial, and therefore should have had the option to be retried with the victim and an attorney present. In re Winship Samuel Winship, a 12-year-old, wasShow MoreRelatedThe Effects Of Juvenile Treatment On The Justice System Essay984 Words   |  4 Pagesolder and most likely have a history of criminal behavior. So the focus on them is for punishment and keeping them away from society to prevent the opportunity to do more harm. When a juvenile is arrested for an offense, the police cannot hold them for longer than 2 hours or they should be released to a Juvenile Community Corrections Officer and held in a secure detention facility. They should not be questioned without a parent being present, and be kept separate from adults (Kids Legal, 2013)Read MoreEssay on History of the Juvenile Justice System1477 Words   |  6 PagesRUNNING HEAD: HISTORY OF THE JUVENILE JUSTICE SYSTEM Juvenile Delinquency: The History of the Juvenile Justice System Shandi Lillard Kaplan University CJ 150 – 02 Professor Raymond Keefauvor June 14, 2011 The History of the Juvenile Justice System The Juvenile Justice System is seen by many as being ineffective in treating the youth of this country, the programs are outdated and there seems to be little, if any hope that these youth will stay on the right path once released back intoRead MoreJuvenile Justice System And Adult Justice Systems1589 Words   |  7 PagesIn this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems shareRead MoreEssay on Criminal Law Evaluation698 Words   |  3 Pages4th, 5th, and 6th amendments of the United States Constitution. How these safeguards to the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel will have on the day- to- day operation for juvenile and adult courts. If laws are not put in place individuals cannot hold on to the properties owned. Social life is impossible withoutRead MoreThe American Juvenile Justice System1043 Words   |  5 PagesAmerican juvenile justice system had developed over the past century with a number of variables that makes it different from the adult criminal justice process. Juvenile justice advocates supports the differences on the youthful offenders. Juvenile crime policy over the course of the twentieth century talks about transferring the law’s conceptions of young offenders. Starting from the nineteenth century, many of the youths were tried and punished as adults. However, treatment of juveniles in the UnitedRead MoreThe Juvenile Justice System For Juveniles1397 Words   |  6 Pageslaw were treated the same as adult criminals. If you are a young person under the age of 18 and you commit a crime, you will have your case heard in the juvenile justice system. The thing is that, it hasn’t always gone that way. The idea of a separate justice system for juveniles is just over one hundred years old (American Bar). Where did juvenile justice come from? The law was in the image of the common law of England. William Blackstone, Blackstone’s Commentaries on the Laws of England, first publishedRead MoreJuveniles As A Victim Of A Crime Essay1570 Words   |  7 PagesJuveniles Juveniles come in contact with the law and law enforcement everyday, but it is important to understand how to deal with these individuals. Oftentimes juveniles can be a victim of a crime, or even a suspect in a crime, and it is necessary to learn how to effectively communicate with these individuals. Children and juveniles have a different language set, understanding of law, mindset, and even a different way of coping compared to their adult counterparts. Officers dealing with these youngerRead MoreJuvenile Delinquency Prevention Act Of 19741576 Words   |  7 Pagesexploring the internet on juvenile delinquents. We as a class have had many good questions to answer about the different ways juveniles are treated, and what the correct or incorrect treatment is for juveniles. We have written many papers and had many discussion on historical milestones, landmark cases, adult courts, juvenile courts, probation and parole, detention centers and juvenile training programs. This semest er has really changed the way that I look at juvenile delinquents. Three historicalRead MoreThe Decision, And Impact On Today s Criminal Justice System1024 Words   |  5 Pagesthese laws challenged by a higher court if there is probable cause if we think there was some form of violation to one of our Amendments rights (e.g., freedom of speech, Racial profiling). Not many countries or nations have this type of freedom. Therefore, we will take a look at one of the U.S. Supreme Court case (Gerald â€Å"Jerry† Gault) in regards to a juvenile right to consul. Then this learner will briefly discuss the case, the decision, and impact on today s criminal justice system. After whichRead MoreThe Law And The Criminal Justice System1669 Words   |  7 Pagesour history juveniles have been accused of many crimes, and have been sentenced as adults even though some juveniles are so young that the thought of such a long sentence is crazy. Over the years many laws and systems have changed to accommodate the rise of crime from juveniles to perhaps treat them rather than punish them as adults. With many juvenile cases over the years, these cases have helped shape the system to accommodate better for juveniles and there rights. Fundamental Rights History has