2 Jan 2023

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Juvenile and Adult Justice Systems

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Academic level: College

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The criminal justice system is mandated with the responsibility of promoting a just society through rehabilitating and punishing the lawbreakers. Thus, the justice system is categorized into the adult justice system and the juvenile justice system. All the criminal charges for individuals over 18 are determined in the adult justice courts, while those between 10-18 years are undertaken in the juvenile courts. However, in some states in the U.S., minors from 16 or 17 years are charged at the adult courts ( Redlich & Shteynberg, 2016) . Most importantly, the two justice courts undertake their roles according to the constitution to serve justice. However, in their processes, some differences and similarities define their functions and proceedings. Therefore, this paper reflects on the differences and similarities in the adult and juvenile justice systems. 

Differences 

The court proceedings for the two courts are very different. In juvenile courts, the minors are charged for delinquent acts while in adult courts, the accused are arrested for committing crimes. The terms used for prosecuting the accused in the two justice courts are very different. For instance, minors are not referred to as criminals; rather, their actions are considered delinquent acts since they believe they commit less serious acts ( Loeber & Farrington, 2012) . However, when the minor commit extremely serious delinquent acts like murder, they are charged in the adult courts. Also, the minors are not arrested like adults; rather, they are taken into custody. The term arrest is not applied in the juvenile justice courts. 

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Another distinct difference is the filing of the case. In adult courts, a complaint is filed against the accused while a petition is filed against the accused in the juvenile courts ( Loeber & Farrington, 2012) . The adults are put on trial and have a right to hire a jury, but a judge only hears the minor in the case of the minor. Also, unlike adults convicted for a crime by a judge once found guilty, the juveniles are adjudicated, delinquent. After being convicted, the adult is often subjected to sentence or fine as a form of punishment. The adjudicated youth receive disposition, either through rehabilitation or reformation, to correct his behavior. Therefore, the adult courts' main aim is to punish the adults who are found guilty of their crimes through incarceration. In contrast, the juvenile court focuses on rehabilitating minors to make them responsible and law-abiding citizens in the future. 

The formality of the two courts also differs. Notably, the adult justice system is very formal and procedural compared to the juvenile justice system ( Loeber & Farrington, 2012) . In the adult justice system, legal procedures are highly considered and referred to throughout the case hearing. For instance, the adult justice system thinks the evidence presented before the court when giving any verdicts. However, the juvenile court only refers to the petition filed ( Loeber & Farrington, 2012) . Furthermore, the judges are guided by the constitution and legal statues when ruling the case, unlike the juvenile courts, where the judge decides on the outcome of the claim based on the petition before him. The adult courts are also open to public hearing, unlike juvenile courts where only the family members, minor and the lawyer are allowed during the hearing. 

The aim of the adult justice system and the juvenile justice system also differs ( Loeber & Farrington, 2012) . Notably, the adult court system's primary purpose is to facilitate judicial hearing and determine the verdict of the case presented. Once the judges find the accused is guilty, a defined punishment is given. On the other hand, the jurisdiction of the case in the juvenile court is determined by the age and nature of the minor's offense. Ultimately, the juvenile court focus on reforming the minor to become a responsible citizen. 

Similarities 

The similarities between the juvenile justice system and the adult courts are linked to every citizen's constitutional rights. Despite being on the wrong side of the law, the accused are often entitled to their requests ( Redlich & Shteynberg, 2016) . As the legal bodies mandated by the constitution, the adult justice system and the juvenile justice system uphold the rights of any individual's forms and the legal provisions stipulated by the body. Therefore, both courts facilitate a fair trial and hearing for the accused. In this case, the juvenile justice system and the adult justice system allow the accused to excise his constitutional right to a fair hearing. 

Also, both courts allow the accused to have an attorney to represent them during the case's hearing ( Redlich & Shteynberg, 2016) . The accused minor or adult can hire an attorney who defends him throughout the case hearing. Similarly, the adult and juvenile courts allow the accused to have an appointed public defender. During the hearing of the case, the accused in both courts have a right to remain silent ( Redlich & Shteynberg, 2016) . The right to incrimination is provided in the constitutions. Therefore, if either the minor or adult wish to remain silent when questioned, the court accepts the accused decision. 

The adult and juvenile justice system also allows the accused to know the charges placed against them. Before being arrested or taken into custody by either the correctional personnel, police officers, or judges, the accused must be informed about the charges against him, pending trial. During the hearing, the accused has a right to present witnesses before the court to testify on their behalf. Thus, the adult and juvenile justice system allocate time for witnesses during the hearing process and evaluate their contribution while giving a verdict. 

Consequently, when the witnesses testify before the court, the accused or his attorney is allowed by the judges to cross-examine them and confront them about the facts they present before the court ( Redlich & Shteynberg, 2016). Thus, both courts consider the process of cross-examining the witness important in seeking a reasoned judgment. Finally, both the juvenile and the adult justice systems critically review the charges before the accused before determining whether they are guilty. Thus, the prosecutor paid close attention to all the evidence brought before him and testified by the witnesses before presenting extensive evidence. 

The Principles that Distinct Juvenile Justice Systems 

From the overview of the differences and similarities between the adult and juvenile justice system, it is vividly evident that the juvenile justice system is different and special. First, Crawford & Newburn (2013) assets the juvenile justice system is different from the adult’s justice system since it serves the minors, who are young and not matured. According to Crawford & Newburn (2015), the juvenile court considers that the offender is still young and presume that he/ she has a low level of maturity, experiences, decision-making, or wisdom compared to the adults. Thus, minors are treated completely differently from mature. 

Bazemore & Schiff (2016) also note differences between the two justice systems is due to the fact that the minors are still growing and developing their behaviors. Therefore, the juvenile justice system considers that through rehabilitation and reformation, the adjudicated child can learn the consequences of her actions and change his/her behavior to become responsible citizens. Through the mentoring and counseling processes, juveniles develop a sense of identity and accountability, particularly for their actions ( Bazemore & Schiff , 2016). Therefore, the juvenile justice systems recognize that the minor is highly likely to change, thus subject them too lenient terms compared to the adults. 

References 

Crawford, A., & Newburn, T. (2013).  Youth offending and restorative justice . Routledge. 

Bazemore, G., & Schiff, M. (2013).  Juvenile justice reform and restorative justice . Routledge. 

Loeber, R., & Farrington, D. P. (Eds.). (2012).  From juvenile delinquency to adult crime: Criminal careers, justice policy, and prevention . Oxford university press. 

Redlich, A. D., & Shteynberg, R. V. (2016). To plead or not to plead: A comparison of juvenile and adult true and false plea decisions.  Law and Human Behavior 40 (6), 611. 

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