Differences Between Juvenile & Adult Justice System

Differences between Juvenile and Adult Systems Criminal Justice Systems, CJA302, Module IV – Case Assignment Dr. Gregory Herbert March 8, 2009 History of Criminal Justice System: Differences between Juvenile and Adult Systems When we talk about a juvenile being considered an adult for the purpose of administering justice, there are a multitude of factors that need and should be taken into consideration. First, is the age of the juvenile.Secondly, it depends on the type of crime or crimes that the juvenile has committed.

Next, is the extent to which the juvenile will benefit from services through the juvenile court system versus the adult court system. Then, the system will examine the degree of criminal sophistication exhibited by the minor. Also, in some instances, a fitness hearing must be held to determine if the minor is “a fit and proper subject to be dealt with under the juvenile court system”.The District Attorney’s office has 48 hours to decide whether or not to request a fitness hearing. After a fitness hearing is requested, the juvenile (defendant) will usually waive their rights to a speedy trial so both counsels can prepare their arguments for the fitness hearing. All entities will refer to California Welfare and Institutions Code 707 and use the following criteria to determine the juvenile’s fitness.Beginning with the juvenile’s degree of criminal sophistication, whether the juvenile can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction, previous delinquent history, success of previous attempts by the juvenile court to rehabilitate the juvenile, along with the circumstances and gravity of the offense alleged in the petition to have been committed by the juvenile.

There are waiver laws that provide a waiver of juvenile court jurisdiction under certain circumstances, allowing for the transfer of a juvenile’s case from the juvenile system to the criminal court system.There are three types of waivers used in determining whether a juvenile will be tried as an adult. First there is a Legislative Waiver which states; by law, the juvenile’s case must be held in the adult criminal court, based on the offense committed under WIC 602(b)(A) through (G) and the minimum age to be tried as an adult is fourteen years. Some of the offenses that fall under WIC 60(b)(A)-(G) include: murder, rape, forcible sex offenses, forcible lewd and lascivious acts on a child under the age of fourteen, and forcible penetration with an object.The second type of waiver is the Direct File Waiver (formerly known as a Prosecutorial Waiver). The Direct File Waiver allows for the prosecutor to file a criminal claim against a juvenile ‘directly’ in adult criminal court, eliminating the need for a fitness hearing. But, judges may transfer a juvenile to an appropriate juvenile court if the judge deems it to be fair and just.

The third type of waiver is the Judicial Waiver. The Judicial Waiver states that in order for a juvenile to be transferred to the adult criminal court, it requires the juvenile to be found “unfit” for the juvenile system in a fitness hearing.The minimum age of the minor is fourteen years of age. In an effort to fight against juveniles from committing serious crimes, the voters of California in March of 2000 passed Proposition 21 (Gang Violence and the Juvenile Crime Prevention Act). Proposition 21 increased a variety of criminal penalties for crimes committed by juveniles and incorporated many juvenile offenses into the adult criminal system. There is increased punishment for gang related felonies, death penalty for gang-related murder, indeterminate life sentences for home-invasion robbery, carjacking, drive-by shootings, and many other crimes.This Proposition also requires adult trial for juveniles fourteen or older charged with murder or specified sex offenses.

Informal probation for juveniles committing felonies was also eliminated and registration was required for gang related offenses. Legislation like that of Proposition 21 shifts the focus of juvenile justice from rehabilitation to punishment as the number of waivers continues to increase nationwide. The juvenile justice system traditionally individualized its decisions due to its rehabilitative nature and perception that juveniles do not have fully developed concepts of what is right and wrong.Also, Proposition 21 shifts the discretionary power from judges to prosecutors. As with most problems in our society, juvenile justice could be more effective as a whole.References Cruz, J. (2002).

Juvenile Waivers and the Effects of Proposition 21. Law and Society Review. Retrieved March 3, from www. lawso. ucsb. edu/rreview/issues/2001-2002. Unknown.

(2000). California Proposition 21. Retrieved on March 6, 2009 from http://en. wikipedia. org/wiki/California_Proposition_21_(2000) Unknown. (2005). The Juvenile Justice System.

Retrieved on March 3, 2009 from www. csustan. edu/socialwork

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with MyStudyWriters
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Thank you!
Customer 452545, February 6th, 2021
Thank you for your hard work and help.
Customer 452773, February 13th, 2023
Business and administrative studies
excellent job! got an A, thank you
Customer 452773, May 24th, 2023
Business and administrative studies
Customer 452773, February 23rd, 2023
English 101
IThank you
Customer 452631, April 6th, 2021
Human Resources Management (HRM)
Customer 452773, July 11th, 2023
Business and administrative studies
excellent job thank you Your Score 166.25/ 175- A 1. Current Culture 15% of total grade 18.37 Criterion "1. Current Culture" has textual feedback Criterion Feedback I see interesting points, though, in general they are not about the culture.
Customer 452773, June 4th, 2023
Business and administrative studies
Excellent job
Customer 452773, March 17th, 2023
Leadership Studies
awesome work as always
Customer 452773, August 19th, 2023
Love this writer!!! Great work
Customer 452597, April 5th, 2021
Business and administrative studies
Excellent work ,always done early
Customer 452773, February 21st, 2023
Human Resources Management (HRM)
excellent job
Customer 452773, June 25th, 2023
Customer reviews in total
Current satisfaction rate
3 pages
Average paper length
Customers referred by a friend
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Sometimes it is hard to do all the work on your own

Let us help you get a good grade on your paper. Get professional help and free up your time for more important courses. Let us handle your;

  • Dissertations and Thesis
  • Essays
  • All Assignments

  • Research papers
  • Terms Papers
  • Online Classes
Live ChatWhatsApp