22 Dec 2022

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The Juvenile Legal Process: An Overview

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Academic level: College

Paper type: Research Paper

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The juvenile justice system is effective in the USA with many programs that are implemented to help reduce the rates of recidivism among juveniles. Once a juvenile is arrested, they are referred to a court where they secure detention ( Baz, & Fernández, 2018) . A juvenile may get a judicial waiver in an adult criminal court. However, petitioning is usually done in a juvenile court, and if found to be culpable of criminal behaviour, they are placed on probation and later in a residential placement, which may include confining them in secure correctional facilities. 

History of the Juvenile Justice System 

Before the 19 th century, children who were found to engage in criminal activities would be tried in a criminal court. If found guilty of a criminal act, they would be sentenced to prison and sometimes would be hanged to death. However, at the end of the 18 th century, there was a recommendation to have separate legal and justice systems for young children. In the year 1899, the United States established the first juvenile court. The establishment of the juvenile court was of great impact since it helped change how children were punished for crimes they committed. The main aim of establishing the juvenile justice system was to maintain public safety, skill development, and rehabilitation for young children. 

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Difference between Adult Criminal Law and Juvenile Law 

The adults’ criminal law is used to prosecute individuals for committing a crime. However, juvenile law provides that children should be prosecuted for committing delinquent acts. In instances where a minor has committed extreme crimes of violence such as murder, the juvenile law recommends that such children be charged as an adult ( Baz, & Fernández, 2018) . In addition, when adults are found guilty of committing a crime, they receive a sentence as punishment while juveniles get a disposition. Furthermore, juvenile law focuses on rehabilitation while that of adults’ emphasis on punishment for convicted individuals. The juvenile justice system aims at the best interests of children and ensuring that they are well rehabilitated and disciplined before they become adults. Moreover, hearings of juvenile cases are closed while those of adults are done in the open. The court hearings of the juvenile are usually restricted to members of the public, and only family members and the lawyers are allowed to be part of the proceedings. 

Procedure followed when an Adult has committed a Felony Crime, Misdemeanour, and Status Offense. 

Felony crimes are punishable by imprisonment of more than one year, and the sentences are served in state or federal penitentiary rather than county jail. Misdemeanour is minor wrongdoing and may include traffic offenses, larceny, and assault. A status offense is when a juvenile engages in an act that is only legal for an adult, such as underage use of alcohol. 

The procedure followed when an adult has committed the crimes starts with investigations by the police. The investigations help police officers to gather relevant evidence to warrant arrest of an individual. After the conclusion of investigations, the suspect is arrested and taken into custody, awaiting court trial. In addition, the suspect is then prosecuted by a district attorney. During the prosecution stage, the prosecutor weighs in various factors, such as the strength of evidence and the seriousness of the offense committed. A suspect is then arraigned by a judge and enters a plea either guilty or not. An individual may then get bail or pre-trial detention, which is a period of temporary custody before the trial begins. Plea bargaining starts and adjudication of guilt by a jury. If the individual is found to be guilty, they are sentenced and is allowed to appeal the decision of the judge. When the individual is still found guilty by the appeals court, they are punished by the state, federal, or the local correctional authorities. 

Juvenile Rights during Interviews and Interrogations 

A juvenile has equal rights to that of adults during interviews and interrogations. For instance, juveniles have the right to be provided with an attorney upon request, just like adults. In addition, they have the right to remain silent, and interrogation should stop immediately if they chose so. Moreover, police officers should interrogate juveniles with a language they clearly understand ( Baz & Fernández, 2018) . Besides, when juveniles make a confession, it should be voluntary and not out of coercion. Therefore, the rights given to an adult during interrogations are similar to those of juveniles. 

Search and Seizure for Juveniles 

Juveniles have equal rights as adults during seizures and searches. Juvenile enjoys the fourth amendment rights, and therefore, police searches must be conducted with a warrant. In addition, the seizure and search must be reasonable. For instance, a police officer should provide a search warrant when engaging a student alleged to have committed a crime in school. 

Juvenile Justice and the Adult Trial System 

Some of the similarities between the juvenile justice and adult trial system include the right to have an attorney, know charges against an individual as well as the right not to incriminate oneself. In addition, in both systems, individuals have the right to cross-examine their witnesses ( Cunningham, 2020) . Also, during seizures and search, both systems provide individuals with the right to be provided a warrant. However, juveniles are prosecuted in private while adults are tried in public. Courts in the juvenile justice system are informal while that of adults is formal. For instance, in the adult trial system, rules on admission of evidence are strictly followed. 

References 

Baz Cores, O., & Fernández Molina, E. (2018). Process-based model in adolescence. Analyzing police legitimacy and juvenile delinquency within a legal socialization framework. 

Cunningham, K. A. (2020). Advances in juvenile adjudicative competence: A 10‐year update.  Behavioral Sciences & the Law 38 (4), 406-420. 

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StudyBounty. (2023, September 16). The Juvenile Legal Process: An Overview.
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