Compare and Contrast Essay on Juvenile and Adults Justice Systems

Introduction

There are a number of differences that exist between the juvenile and adults justice systems such as the terminologies used, the use of the jury, sentencing and availability of a bond. The justice system uses the term "taken into custody" when dealing with juveniles rather than the term "Arrested". The aim of using this term is to try and decriminalize the action of the individual who has done the offense. Other terms such as adjudication hearing are used instead of a trial (Carrabine, 2014). A juvenile who is under supervision after release is said to be in an aftercare rather than on parole. Additionally, juvenile courts do not send convicts to prison but rather commits them. According to the justice system, juveniles are sent to detention centers and not jails. Finally, the facility that is used to hold teenagers is referred to as an institution rather than a prison.

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Differences Between Juvenile and Adult Justice Systems

Juvenile Rights and Protections

Unlike adults, juveniles do not enjoy rights such as trial by jury, or the right to public trial. Juvenile cases are heard and determined by judges without involving jurors. However, juveniles enjoy some protection that adults do not enjoy. The criminal file is sealed after they serve their term to protect the child from being haunted by his/her past mistakes (Feld, 2010). After reaching 18 years of age, the criminal records of a teenager are erased.

Court Ruling

After hearing the case, the judge will decide whether the accused is guilty or not guilty. However, a juvenile court judge is supposed to act in the best interest of the child. Unlike criminal justice system where the aim of the court is to punish the offender, a juvenile court's aims to rehabilitate the juvenile so that he can join the society as a productive member of the community.

Court Proceedings

Juvenile court proceedings usually move faster than adults trials. The judge who deals with juveniles is also given many options to deal with the case as compared to criminal proceedings which have limited options (Grisso, 1980). Additionally, juvenile courts ten to be more informal as compared to the criminal courts. The sentencing in juvenile courts is often lenient as compared to adult's courts which have some harsh penalties.

Bond

Unlike adults who have the right to a bond, juveniles do not enjoy this right. The judge may decide to hold a juvenile in custody throughout the hearing period. However, some exemptions to bonds exist especially when the crime is serious and the case needs to be transferred to an adult justice system

Aim of Imprisonment

An adult who is found guilty of a crime is sent to prison or asked to pay a fine depending on the crime committed. The aim of such a decision is to punish the offender and deter him and others from committing the crime. Although the justice system also aims at rehabilitating such an offender, the main reason is to make an offender pay for the crimes that he/she has committed (Newhart, 2009). Rehabilitation is, therefore, a lesser motive for a sentence when dealing with adults unlike in the juvenile system where the aim is ensuring the child comes out of a detention center as a changed person.

Similarities Between Juvenile and Adult Justice Systems

The Right to an Attorney

Both an adult and a juvenile have the right to an attorney during their trial. The sixth amendment of the U.S constitution gives the American citizens the rights to have the assistance of a lawyer in all their criminal proceedings (The U.S. Constitution, 2014).If a defendant cannot afford to hire an attorney, the government is obliged to appoint one to handle the case at no cost to the defendant.

Right to Notice of Charges

In order for the prosecutor to be fair, the law requires that the defendant should be given a notice of what he/she is charged and should be in writing (Siegel & Welsh, 2018). The time given should be enough for the defendant to prepare a defense against the accusations. The notice is given and enough time allocated is one of the principles that is meant to ensure justice is fairly administered. After the notice has been issued, it is also critical that the defendant be tried without undue delay

Right to Cross-Examine Witness

Both juveniles and adults are given the right to cross-examine a witness testifying against them. The aim of this clause is to ensure justice is served by preventing the use of a written testimony to be used to convict a person (The U.S. Constitution, 2014). An accused is given the opportunity to face a witness face to face and ask the questions. The cross-examination is also aimed at ensuring the witness testifies under oath and to give the judge or juror to assess the credibility of the witness.

Right Against Self-Incrimination

The Fifth Amendment to the U.S constitution protects an accused from self-incrimination. Some of the instances where self-incrimination is possible include instances where law enforcement uses violence, threats, and intimidations to get a confession from a suspect. When law enforcement obtains a confession using such methods, the courts will not accept such evidence and the case will be thrown out (Weis, Crutchfield, & Bridges, 2001). The U.S government, therefore, ensures the justice system is fair by ensuring people do not self-incriminate.

Should Teenagers be Treated as Adults by Justices System?

A teenager is somebody that understands what is right and what is wrong. Small children who are 5 years old can tell when they have made a mistake. Teenager's brain is way more advanced than toddlers and understands what they are doing. The assertion that teenagers can commit a crime and be treated as a juvenile is what is encouraging them to break the law. There is no evidence for example that someone who is 18 years old is more rational than a 17-year-old person.

However, according to the law, a person who is 17 years is treated as a juvenile while an 18-year-old is treated as an adult. I believe that if a person is old enough to commit a crime, they should be ready to take full responsibility for their action. Some teenagers may engage in criminal activities because they think they won't get caught. However, they know if they get caught, there is a high chance of getting away with the crime because they will be treated as juveniles. Having such a kind of mentality may encourage wayward behaviors. Teenagers need to understand that crime is an offense and the consequences are severe to deter people from engaging in crime.

References

Carrabine, E. (2014). Criminology: A sociological introduction. Pine Forge press.

Feld, B. C. (1987). The Juvenile Court Meets the Principle of the Offense: Legislative Changes in Juvenile Waiver Statutes. The Journal of Criminal Law and Criminology (1973-), 78(3), 471. doi:10.2307/1143567

Grisso, T. (1980). Juveniles' Capacities to Waive Miranda Rights: An Empirical Analysis. California Law Review, 68(6), 1134. doi:10.2307/3480263

Newhart, L. (2009). Study guide: Juvenile delinquency: theory, practice, and law : tenth edition, [by] Larry J. Siegel, Brandon C. Welch. Belmont, CA: Wadsworth Cengage Learning.

Siegel, L. J., & Welsh, B. C. (2018). Juvenile delinquency: Theory, practice and law (11th ed.). Cengage Learning.

Weis, J. G., Crutchfield, R. D., & Bridges, G. S. (2001). Juvenile delinquency: Readings. Boston: Pine Forge Press.