Punishment and Sentencing In our society today, once an adolescent is arrested and arraign with perpetrate a felony there are various factors may come in to play during the course of his or her arrest, hearing, sentencing, punishment, and rehabilitation process. In the history juvenile were considered and put on trial as criminals as the same as adults. In the today present, a juvenile has developed into a part of society to be afraid of, not reformed. The purpose of the earlier juvenile process was to reorganize and to establish a safe habitation for rebellious youth. We will analyze the constitutional rights given to juvenile offenders, and the punishments imposed upon them for defiance of the law.
There major differences between the adult and juvenile justice systems. One of the differences here is a trial or a hearing may take place. When adults commit an offense, he or she has their trial either at a district or circuit court. When juvenile offenders commits an offense and are under the age of 18, he or she has their hearing at a juvenile court. The juvenile court system does not hear criminal proceeding. Juvenile Court judge assign an appointee to speak for the offenders. In an adult criminal system, he or she would be represent by either a court appoint attorney or hire a private attorney.
Adults are presumed innocent until proven guilty. For juveniles, guilty, and innocence are not most important issues. The systems concentration is base on the best benefit for the adolescent. Juvenile has constitutional rights to treatment for their demeanor but an adult does not have the same rights to treatment. Juvenile procedures want to protect and treat the adolescent. With adults, the most important concern is to reprimand them for what they have done wrong and try to reform them. A juvenile does not get sentenced to jail or prison because they are reserved for adults unless they commit a criminal crime. For juveniles consider dangerous or those that have committed a criminal crime, a different process would follow the adult process with the criminal court. This pertains to the removal of the offender from the juvenile system, to be transferred to the adult criminal court. These offenders are judge as an adult if definite opinions are there. The juvenile waiver to the adult court is a significant step in receipt of an unsympathetic sentence for juveniles. There two Supreme Court cases addressed the issue of juvenile waivers and transfers, Kent v. United States and Breed v. Jones. The two cases results are in precise requirements for transfer hearings; it has to be a legitimate transfer hearing, it has to be a sufficient notice to family and defense attorney, and the right to counsel. In the juvenile court system, the judge placing a seals on public access to juvenile records, the reasons for the records to be sealed, it is belief the juvenile can be rehabilitate. As well the court proceeding may be sealed to protect for privacy. In the criminal court system the records are public access and all court proceeding are open to the public. Juvenile offenders are judged as delinquent rather than guilty. They are sentence to a facility until the age of 18 or 21 depends on the state. Adult criminal offender are called defendant and judged either innocent or guilty and they served a specified period of time in prison. Juveniles are separate into delinquents and status offenders, adults are considered criminals. The most important similarity is that both the juvenile and adult systems have the right to have Miranda Rights. Juveniles did not have these rights in the nineteenth century. Juveniles and Adults are protected by the Fourth, Fourteenth and the Fifth Amendments. Juveniles have restricted rights against unwarranted searches; adults are covered with almost all unwarranted searches. Both structures