January 20, 2014
Comparative Analysis Paper
The American Judicial system is broken into two separate systems called the adult and juvenile court systems. Before the juvenile system was established in 1899 (Juvenile Justice System, 2012). Youths were in courts and placed in facilities with adults. This concept made the government re-evaluate how youths are treated and felt that they were different from adults because of their age, and they should be separated from adults and have their own courts. In this paper, we will take an overview of the juvenile justice system, a point by point comparison between juveniles and adults. Look inside the adjudication process by which juveniles is transferred to adult court and the trend of waivers.
The first juvenile court in the United States was created in Chicago (Juvenile Justice System, 2012). In 1960, , the Juvenile Justice System was given some of the same legal rights as the adult court. Juvenile courts deal with minors under the age 18 who have been accused of violating a criminal statute. The proceedings are civil as opposed to criminal. In adult court, the philosophy is to bring justice and deterrence as for the juvenile system its main goal is to rehabilitate the youth so that he or she can be law abiding citizens when they return to society (Champion, 2010).
Juvenile courts and adult courts are two separate court systems that have different objectives to follow when dealing with a minor. A juvenile is a person who is ten to the age 18 in some states and in one state the age is 19 to be considered a juvenile (U, 1993). An adult is someone over the age 17 but to gamble or drink the age is 21. These courts are similar and different in many ways one difference is the terminology used is courts. In adult court, the bail hearing is considered the detention hearing in juvenile court as well as other terms, like trial, indictment, defendant, verdict, or guilty are other terms used in adult court where in juvenile court one may say fact- finding hearing, detention, respondent, adjudication or delinquent in a juvenile court (Juvenile Justice System, 2012). Juveniles and adults do have the right to be represented by an attorney as well as have the right to protect themselves from self-incrimination, can cross examine witnesses, and the prosecution must provide proof without a reasonable doubt before a person can be convicted (Champion, 2010). Because juveniles are youths they do not get all the constitutional rights that adults would receive. Juveniles do not get a speedy trial as adults have the right to a speedy trial (Juvenile Justice System, 2012).
Adjudication hearing in juvenile court is heard by the judge they have no right to a bail or public trial (Champion, 2010). Juveniles do get that extra protection that if they was an adult they would not get. for example, the judge will look at the juveniles school records and can erase the juvenile records once they turn 18 so that their acts as a youth want discriminate against them in adulthood (Champion, 2010).
When a case has been adjudicated the judge decides if the juvenile is guilty or not and what the sentence should be given if any (Champion, 2010). Judges can make youths attend adult court by a judicial waiver. A judicial waiver occurs when a juvenile court judge transfers a juvenile to adult court where he or she will be charged as an adult and not as a delinquent (Juvenile Justice System, 2012). Juveniles who commit more serious crimes such as assault with a deadly weapon, manslaughter, or rape can skip juvenile court at the discretion of the judge and be tried as an adult. If certain criteria are met at the time of the offense for example, the juvenile was of age at the time the crime took place or if the offense was so brutal the juvenile can be handled as an adult. Once a transfer is requested the juvenile then goes to court and stand…