Juvenile Justice Assignment Help

Juvenile Justice

A study that presents a comprehensive overview of the juvenile justice philosophy and procedure in a no nonsense forum. Presents the Uniform Juvenile Court Act, the Gault, The Kent and the Windship decisions in their entirety.

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Introduction

Justice means to have a fair, efficient and legal process where the individual rights are protected that reflects country reputation for upholding and promoting the rule of law. The concept of justice is to give the fair and right decision to every people irrespective of their caste, race, religion, ethnicity etc. The judiciary or the justice process carries into courts where the judges give the judgement and settle the disputes between them. The courts are divided such as Supreme Court, District Courts, etc. and there is also the Court of general jurisdiction, juvenile courts etc. other than this there are different types of the Court such as tax court, the trial court, civil Court etc.

In this context, we would be talking about Juvenile Court Systems. The Juvenile Court is generally organized to give the decision to the criminals before the age of 18. The juvenile court system is being established to help those children to reform themselves who have involved themselves in crime and make the juvenile reform and make them a better person for society.

So, the justice system is used to reform people who have diverged into a wrong path and also make them a better person in the correctional centre and change their mind and attitude towards the society and make them a better person to live in the community.

Juvenile Justice

Juvenile Justice is a system where the Court gives judgment to the children below the age of 18, according to the crime committed by them. The Juvenile Justice recognized in the 19th century in Great Britain where the idea of delinquency and particular trials plus institution for controlling as well as confining the youth and also to protect the rights of the children through the juvenile cases heard in the similar Court as adults.

The first Juvenile Court of Law established in the year of 1899 in Chicago after that another juvenile court was established and founded in different countries such as Canada, Great Britain, France, Russia, Poland, Japan and Germany in different years.

There are many causes which had led to the rise of juvenile cases in the following years there has been a cause of poverty, after effects of war, social disruption, dysfunctional families, exposure of crime these factors leads to delinquency which led to the rise of juvenile cases.
The term delinquency in this context refers to the act by a juvenile that would be dedicated as an offence if done through the adults. The term crime divided into two forms criminal delinquency and status delinquency. Criminal delinquency wrongdoing comprises murder,theft, break-in, and stealing. Status delinquency refers left from home, truancy, liquid rule breach. In some state, it has been referred to as child welfare or social service system while in some country the status delinquency is being dealt with juvenile justice.

System of juvenile justice is frequent to criticism as they are probable to achieve a figure of unreliable and dissimilar objective such as discourage criminal behaviour, incapacitating grave criminal, establish suitable vengeance, and defending adolescence. Many critics have questioned the exercise of trial dealing with juvenile crime, and they have identified for the elimination of juvenile courts on the basis they are not adequately disciplinary. Liberals, on the other hand, have criticized juvenile courts to pay no attention to human rights of due procedure. The trend of juvenile justice on 21st-century highlight curative impartiality, which agreement equivalent weight to victim civil rights and criminal treatment insertion exacting value on compensation.

So juvenile justice has been a new way of truth though it faced many criticisms, still it has given a form of reforming several people. (Law.jrank.org, 2019) (Howell and Lipsey, 2019)

Advantages of the juvenile justice system

The juvenile justice system has been the right solution for dealing with adolescent offenders and making the offenders capable of coming out as a reasonable person in society. There are some advantages of the juvenile justice system where the offenders can rectify themselves as a better person.

1. In the case of a murder, the sentences have to give to the criminal, and it is a method where the injured party can put on some quiet or settlement, as they can't get their esteemed one who is taken from them back.

2. An adolescent who is conscious that they will chastise will not be committing crimes. They motivation be disheartened if they find that they are peers punished

3. Juvenile court cases are being determined only by a moderator. If this attempt as adults, there will be judges that resolve assist in choosing if they are culpable or not so that the choice doesn't lie on one being alone.

So these are the advantages of the juvenile court system, and the judicial system is therefore intended to save the adolescent from committing crimes in future and giving them the prospect to be a good man. (Cheeri, 2018)

The disadvantage of Juvenile System

The advantages and disadvantages are both the sides of the same coin, and the difficulties of a juvenile system are very relevant as the judiciary may lead to some problems as it leads to youth in a horrible way.

1. Adult prison places where the juvenile can be ill-treated and injured. They can also be uncovered to other offence and join gangs that are very ordinary in a grown correctional facility, flattering even more hard-bitten criminal.

2. Juvenile criminal might take it as communication that they contain no prospect, and no anticipate of appropriate something else other than an unlawful. It is destructive to the juvenile and the family.

3. Guardian ought to educate their kids to correct from incorrect and ought to bear some accountability for the events of their children. By transfer youth to jail, parents can let off the hook.

4. Juvenile courts can advise psychotherapy, home capture, curfews, and another form of sentence somewhat than having a prison verdict. In the adult, court jury has less choice, plus occasionally the only alternative to decide is jail.

The disadvantages of the juvenile system are that the convict can go in another way, and the adolescent may go in the wrong path, and the convict may be in crime. So the disadvantage of the juvenile system is very much as it somehow makes the convict infused into crime and criminals. (Cheeri, 2018)

Importance of Juvenile Justice

Juvenile Justice is an essential aspect of every country judiciary system. In every country, the juvenile justice system is implemented to give judgement to children below the age of 18. In United States America, it has found that there has been a significant rise in the crime; there had been a substantial rise in violent crimes by young children. But there has been controversy regarding the juvenile delinquency some critics argue that there had been a significant rise in the minor crimes whereas some critics say that the teenage crime rate has significantly been downwards. But if we look it then the public judges, legislator have given a view about the rise of juvenile crime in the significant years and to reduce the crime rates it has been very substantial that the juveniles transferred to adult courts and they have been given harsh punishment so that it leaves a long-lasting impact on the other youngsters. It has also found that the youngsters are in the juvenile crime due to difference in the community in a survey it has founded that 40% of white American are in minor offences whereas the rate of crime has increased in the African-American community; there has been a significant rise in the female juveniles it has found in recent years that females percentage of juvenile delinquency has grown very rapidly, and therefore the females have to suffer a lot in jails than the male juvenile; Many youngsters of 12 years commit sin, and the juvenile Court take those cases very seriously and harshly punish them thinking that they would commit crime in future in a terrible way. In the United States, the juveniles can be given capital punishment where some of the youths can be told to be executed (when they are 20 years of age). So this juvenile system somehow prevents the youngsters from committing crimes and having a secure future, and they have not inclined in the path of crime (Marcus, 2018)

Overview of juvenile philosophy

Juvenile philosophy states that the attitude of treat minor who infringe the criminal law another way than adults the juvenile Court helps the children to deal with their crimes in a more organized way and give them a chance to improve themselves and be more optimistic and helpful in their society and be a right person in their community.

The Uniform Juvenile Court Act of 1968 was an effort to give confident consistency in how every juvenile Court operate. The reason, extent and events were rehabilitated to be uninformed in eachcondition. By the improvement, there was the unreliable definition of what behaviours were measured, criminal. The act was to establish to have equal rights injustice in every juvenile Court they have operated. So these acts of 1968 were significant for the Juvenile Court.

There are several important cases which have held in Juvenile Court, and some of the cases have been very important we will be discussing some of the essential facts of the Juvenile Court.

In Re Gault case is a significant case as it is a significant juvenile case and in the year 1964 in February Gerald Gault was planned to serve a six-month prison staying with a lad who stole a folder. Gault was 15 years old then and his friends Ronald Lewis supposedly complete a trick telephone call to the fellow citizens Cook. Mrs Cook identified the voice of the boys and reported this incident to the nearby police station, and both the boys took under police custody the officers detained the boys for the whole night, but in the next morning gault decided that he was innocent

Gault mother found that her son was not in the home, and her neighbour told her that the police had arrested her, but to her surprise she discovered that she be not given any become aware of her son's imprisonment and Gwas also not allowed to meet her son in the facility, and she Gault mother was told that today is the hearing of the sons in the Court. On 9 Jun 1964, the trial official filed an appeal charged Gault for creating vulgar telephone call as the Gault did not give any petition. Juvenile court Judge McGhee held a familiar trail in the meeting room, and the proceeding be not recorded and as Mrs Cook was not there plus the degree of Gault participation in the supposed crime might not be determined, so Gault mother consequently asked the Court to arrange Mrs Cook to be there at Gault's next trial.
The adjudicator ordered Gault to stay custody he was free a little day afterwards, and the Gault's established a written announcement of the next hearing date. In the next hearing date, Mrs Cook again failed to appear despite the absence of Mrs Cook the judge ordered a six-year sentence to Gault that would divest him of the labour ability during the developmental task of teenage years facility. An adult criminal if finding guilty of the similar accuse would have acknowledged an entire sentence of two months in prison and $50 fine. The Gault doesn't have any valid symbol at any trial and not told that he had any correct to counsel his aptitude for giving The relatives then required help of Arizona America Civil Liberties Union attorney Amelia Dietrich Lewis decided to symbolize him. In Arizona, there is no system of appeal in juvenile court proceedings, so Mrs. Lewis filed a writ of habeas corpus. Gault habeas corpus appeal was deprived of by together the high Court of Arizona and the Supreme Court of Arizona. But Mrs Lewis, by the help of her colleagues, appeals the case of U.S. Supreme court. The Court decided a small question about the importance of the juvenile court systems and the unique nature of juvenile fairness hearing the Court said that the case is neither criminal nor civil.

The Gaultchoiceintroduces many new aspects of illegal test process into juvenile court events, and it was a landmark into the case as the community protest pursue Gault choice incorporated concern that juvenile was indulged somewhat detained responsible for violating the rule. (United States Courts, 2019)

Another significant case other than the Gault case was the Kent case it was an extreme case. In Kent 16 years old Morris Kent was detained in Washington D.C. for different accuse. Kent located in the law care for 24 hours, and even as in case he had questions frequently regarding a supposed offence, and he ultimately confessed to several crimes. Kent mother employs a lawyer to grip the case as well as jointly they entered the juvenile court system. At the age of 16 Kent was subject to select authority. The D.C. Juvenile court might provide authorization following a 'full investigation' of the query of a lawyer. In the case of Kent, the Juvenile Court waived its power with no trial anything. Kent advice argues that the evidence was unacceptable, but the court sack Kent assert and try him as a mature. Kent then again confronts convicted in the Court of Appeals wherever he went yet back, so he files certiorari to the highest Court of the United States. On 21 Mar 1966, five years following the incident that the evidence by the Juvenile Court be unacceptable as the Court did not conduct an appropriate study. The juvenile court procedure was very insignificant as it failed to please the essential requirement of due process and justice, and fulfilment of "full investigation" in that case.

So the decision of Kent case is a landmark case, and the decision recognized a bar of owing procedure of youth waive to the adult scheme. Justice concerned childhood needed to be treated as childhood, in a plan so that they can convene their wants, that is, the young justice system, not the adult system(Justia Law, 2019)

Another significant case that needs to recommend is the case of Winship Case this case was very significant in the Juvenile Court. In the year of 1967, a moderator in New York Family Court found that a 12-year elderly boy entered into a closet and stole $112 as of a woman's purse. The appealcharge with criminal behaviour stated to this take action if committed via any mature would comprise the offenceor offence of theft. The moderator acknowledges that evidence strength is not set up fault further than a sensible hesitation. So it is an excellent decision to recognize that there have been reasonable doubts which act a standard job in the unlawful process it is the primary tool for plummeting the danger of conventions inactive on an honest mistake. The ethicalpower of illegalruleis notdiluted as a type of evidence that leavescitizens in hesitation. It is significant in complimentary civilization every person going about regular affairs contain an assurance that is administration cannot judge people guilty of the crime with no persuasive a good fact finder of fault with approximately criminal. (F. and Jr., 2019)

In the following context, we can see that judicial philosophy in Juvenile Court is very much the same as the juvenile court decision is very significant as the decision of the Court helps in developing the future of adolescent. In the above instances, we have seen that how decisions that made in the Court ruined the life of the people and judgment that were made not correct and the decision by the Court didn't satisfy the people.

The decision that we have discussed here have been taken a long time before to be dedicated next to our childhood to move onward. The victory of the previous case reminds us that each solitary conquest, large or little, is a small pace towards creating an improved result for our childhood and the brawl continue, and so do they expect that no kids will still finish up in sophisticated fairness system.

Conclusion

The articles states some critical questions as to how the judicial system influence we have already have came to know about what is justice and how justice has defined the importance of growing scenario and how judgment begins in the importance of the courts and how the courts divided into different types such as criminal Court, civil Court, juvenile Court etc. In this context we have discussed about how juvenile Court found and what is the role and the importance of Juvenile Court and how the juvenile Court gives decision and the procedure of giving the judgment and how the division conducted the advantages and the disadvantages of a juvenile court system reflects the pros and cons of whether the judicial system needed or not. The case study also indicates some of the essential cases in minor history where we see the decisions made by the jury and how that decision affected the lives of young adolescent and how their career ruined. So those decision of judgement have been really important as it displays that juvenile justice system is not always right and there have been some drawbacks regarding this system where we found that the decision of having a juvenile court is correct, but the juveniles kept with adults which does not make the conclusion of the Court not viable. It found that the punishment of a youth and an adult is very different. The charge of juvenile crime is for six years, whereas the same cost in an adult is two months and a fine of $50.

So the juvenile Court should keep a look at all the aspects of the decision taken by me as the decision can make suffer the convict and the whole family. So this decision of the Juvenile Court should be chosen wisely.

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