Adult And Juvenile Justice Processes

Compare and contrast the major processes in adult and juvenile justice:

Arrest procedures

An officer may detain a juvenile for either a misdemeanor offense or a felony. Contrary to adults, it is not mandatory for the police to personally witness the crime to arrest the juvenile (Ross, 2018). All they need is a possible cause in order to believe that an offense was committed. Also, they can detain on a reasonable cause to think that the minor was a truant. Then, there are several options for the police. The juvenile can be released with a simple warning, or he can be released on the condition that he should go for counseling before an agency of the community. The officer can also release him after issuing a citation that demands him to appear before an officer of probation for more action, or Juvenile Detention Authorities can directly detain him.

It is required for the officer to notify the guardians of the minor about the arrest immediately. The minor, in turn, is permitted to make two phone calls, and if at all the officer decides to detain them, the minor must be taken to a Probation Officer within twenty-four hours after being arrested (Ross, 2018). The latter has the authority to order informal counseling, release the detainee, order informal probation, or order a petition after his release or when in custody. Just like adults, they have a right to a lawyer, but contrary to adults, the juvenile might be held in custody for at least six hours before being released to a relative’s custody. They are usually held separately from adult offenders and might get transferred to a detention facility until they are scheduled for a hearing in court.

Court intake and screening processes

Just like adult offenders, minors will be appointed a juvenile attorney if they cannot afford one (Juvenile Crime, Juvenile Justice , 2001). The juvenile attorney’s first job is preparing a convincing presentation explaining why the detainee should be released while the case is being sorted out. Here the juvenile has the right to the presence of his parents and his attorney. Contrary to the adult court, no other attorneys or defendants should be present when discussing the juvenile’s case. But in most respects, compared to adult offenders, the juveniles’ rights are fewer. This system is controversial since many protest the unavailability of procedural protection offered to the juvenile. From the standpoint of the minors, it is cold comfort to believe that the court has their interest at heart when they are held in custody without bail, preliminary hearing, even with the police having witnessed the alleged felony, or without a promise of a court trial.

In many instances, trials of juveniles take place before the judge but sometimes, the minors a permitted to request a jury trial (Rosch, 2007). Juveniles possess similar legal protection as adult offenders who are charged with the same crime. The judge will determine if a petition is proven or not. If proven, the case will proceed to a disposition hearing. Upon being convicted by a jury, a disposition hearing will be scheduled. The judge’s options include restitution, warning, fines, probation, community service, detention, or foster care. The disposition depends on the attitude of the juvenile, the offense, and criminal history, among others.

Trial procedures, including the duties of all participants

The organization and procedure of the juvenile court system are distinct from the adult system. Juveniles are detained rather than arrested upon committing a crime (Kendall, 2018). Then there is a drawing of the petition that outlines the authority of the jurisdiction of the juvenile court over the detained individuals, and the offense notice is given for the court appearance reasons; the minor’s family is notified of the official documentation of the charging. In the courtroom, there is an adjudication of the juvenile case. Juvenile court documents are sealed, unlike the adult records that anyone can access under the Act of Freedom of Information. This measure is tailored for the protection of the minor to avoid being affected by this mistake in the future. Their trial procedures are less formal compared to their adult counterparts.

Sentencing options

Sentencing options for crimes committed by juveniles and adults are classified into two main classes: non-incarceration options and incarceration-related options (National Reentry Resource Center , 2015). Sentencing options that involve incarceration include; being detained in a Juvenile Hall where they are required to serve their sentence, but it often involves short-term stays, and like adult offenders, they are eligible for parole or probation. Also, like adult offenders, juveniles can also be convicted to house arrest, with their travel being limited to work and school. Some juveniles can be detained in secured juvenile facilities which are intended for a longer term. At times, when the minor is tried as an adult, he is required to serve his term in an adult prison, or the minor can be ordered to serve their term in a juvenile facility; then, after attaining the legal age, they are transferred to an adult facility.

Like adult offenders, juvenile crime sentencing options involve other measures tailored to keep the juvenile out of prison, called diversionary programs (Ross, 2018). These options include; warnings, fines, community service, counseling, and Electronic Monitoring. Often, judges possess more discretion in prescribing the sentencing options for juveniles compared to adult offenders to maximize the rehabilitation of the minor, depending on their circumstances. Therefore, these options enable the minor offender to be restored to the community.

Housing in detention/jail/prison

The main distinction between juvenile and adult incarceration is the concentration on the rehabilitation of juvenile offenders as opposed to punishing adult inmates (National Reentry Resource Center , 2015). Juvenile facilities are operated differently, and inmates in prisons and jails access different support and services. Minors are not allowed to be imprisoned together with adults until they are of age. This kind of isolation tends to support the goal of preventing future crimes and giving minor offenders another chance at successful social integration. For adult offenders, prison and jail are penal environments. Facilities of juvenile incarceration have some common qualities with adult jails; however, inmates can access incentive programs, education, and more social support and service.

Juvenile inmates tend to have tighter schedules compared to adult inmates; these schedules are set for the imposition of discipline. Just like their adult counterparts, juveniles are required to work in the facilities on maintenance and cleaning tasks. Most nations demand that these minor offenders be educated while incarcerated. They are then required to pursue equivalency examinations so that by the time they are released, they can seek jobs that require a high school diploma. Like in adult prison, rehabilitation in juvenile incarceration facilities provides inmates with opportunities to participate in various programs ranging from community service to religious ministries in which inmates are taught social responsibility.

Determine if there is a difference in the recidivism rate of juvenile versus adult offenders. Explain your findings to your intended audience.

The proven rate of reoffending for the adults released from prison from the year 2003 to 2014 was estimated at forty-five percent. This represents a decrease of six percentage points since the year 2003 (Rosch, 2007). Since 2004 the general rate of offenders released from prison has remained comparatively static at approximately forty-five to forty-nine percent. The rate of release for short sentences are high compared to long sentences. The recidivism rate of the adults that served less than twelve months in prison stood at fifty-nine percent compared to thirty-three percent of those who served longer sentences.

On the other hand, approximately thirty-nine thousand juveniles were convicted, cautioned, or released from prison between 2013 and 2014, and about fifteen thousand reoffended; the proven recidivism rate is thirty-seven percent (National Reentry Resource Center , 2015). The juvenile offenders committed approximately forty-eight thousand proven reoffences over the one-year period that followed up, and the ones that reoffended committed an average of 3.19 offenses each. Minor offenders with more than eleven previous crimes have shown a higher rate of reoffending compared to those with zero previous reoffences; that is seventy-five percent compared to twenty-four-point seven percent.

References

Juvenile Crime, Juvenile Justice . (2001). The Juvenile Justice System. Retrieved from nap.edu: https://www.nap.edu/read/9747/chapter/7#155

Kendall, J. P. (2018). The Juvenile Court Process. Retrieved from stearns.mn.us: https://co.stearns.mn.us/LawPublicSafety/JuvenileDelinquencyandChildProtection/JuvenileCourtProcess

National Reentry Resource Center . (2015, November). Reducing Recidivism and Improving Other Outcomes for Young Adults in the Juvenile and Adult Criminal Justice Systems. Retrieved from csgjusticecenter.org: https://csgjusticecenter.org/wp-content/uploads/2015/11/Transitional-Age-Brief.pdf

Rosch, S. M.-J. (2007). Juvenile or Adult Court: Research on Future Offending. Retrieved from purdue.edu: https://www.purdue.edu/hhs/hdfs/fii/wp-content/uploads/2015/07/s_ncfis03c04.pdf

Ross, F. &. (2018). The Difference between Juvenile and Adult Arrests. Retrieved from hg.org: https://www.hg.org/legal-articles/the-difference-between-juvenile-and-adult-arrests-27689

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Week 7 – Assignment: Compare and Contrast Adult and Juvenile Justice Processes

Instructions

The juvenile justice system is rooted in the principles of rehabilitation and the prevention of delinquency. Current research focuses on the relationship between family and children, and how parenting programs may help keep minors out of juvenile courts.

The first interaction of a juvenile who commits a crime or a status offense is with a police officer. The police must decide whether to take a child into custody, request that a child be detained following apprehension, or refer a child to the court. The decisions are made based on several key factors.

Based on an officer’s decision, a juvenile will enter the juvenile court process, which consists of the following:

• intake screening
• pretrial procedures
• transfer (waiver) to adult court
• adjudication
• disposition
• corrections/programs
  • probation
  • custodial care
  • intermediate sanctions

As a juvenile detention officer, the local community college has asked you to be a guest speaker for the Introduction to Criminal Justice course.  For this assignment, you will deliver a presentation about adult versus juvenile justice processes.

In your presentation, you should address the following:

1. Compare and contrast the major processes in adult and juvenile justice:
   • arrest procedures
   • court intake and screening processes
   • trial procedures, including the duties of all participants
   • sentencing options
   • housing in detention/jail/prison

1. Determine if there is a difference in the recidivism rate of juvenile versus adult offenders. Explain your findings to your intended audience.

Incorporate appropriate animations, transitions, and graphics as well as speaker notes for each slide. The speaker notes may be comprised of brief paragraphs or bulleted lists.

Support your presentation with at least three scholarly or professional resources. In addition to these specified resources, other appropriate scholarly resources may be included.

Length: 12-15 slides (with a separate reference slide)
Notes Length: 100-150 words for each slide

Be sure to include citations for quotations and paraphrases with references in APA format and style.