Comparative Procedures in Juvenile and Adult Justice Systems- Intake to Disposition
I reviewed the Kenneth and Kestrel Juvenile case; the two brothers were charged together with multiple mischiefs such as trespass, theft, and vandalism after a concerned citizen snapped some photos of breaking into cars at the local train station. They find themselves in the Lake County juvenile detention center (Case law. find law, 2021). The video shows the final steps in their case after several weeks of detention. The two consult with the attorney Don Wruck; there is the disposition hearing, courtroom testimony, and the final epilogue of the case. The two pleaded with the court through their defense attorney to be released to go back home and promised to comply with all the court requirements (Calamari, 2021). However, the prosecution highlighted several facts to the court about the two boys, indicating that the two had violated the probation rules twice and their home and family environment was not good for them since the environment would again lead them to commit crimes (Njjn.org, 2019). Upon listening to both sides of the case, the judge decided to continue their detention until the case was concluded.
The function and the main parameters of the juvenile justice system are to assist young people with preventive and early treatment of antisocial characters that could make them bad citizens. In other words, the juvenile justice system corrects, guides, and leads young people to grow and become good citizens who respect the law (Case law. find law, 2021). There are two kinds of juvenile delinquency; those who emerge early may be due to family challenges. Those whose antisocial behaviors start during adolescence are probably due to peer pressure and a bad environment. Scholars and researchers have opined that early prevention is the antidote to the onset of delinquent behaviors among young people (Calamari, 2021). They propose that juvenile assets and resilience should be developed. Thus, early prevention is more effective than correction in the juvenile justice system. The prevention not only saves lives but also prevents the emergence of adult criminal behaviors and also helps in preventing violent offenses.
While the adult justice system aims at character correction through punishment, the juvenile justice system aims at character molding through counseling. Juveniles may develop antisocial behaviors mainly because of the low-income family environment. For instance, Kentrell and Kenneth, the two brothers, engaged in acts of mischief, trespass, and theft because they were being brought up by a struggling single mother who could not provide them with every need they needed (Calamari, 2021). The environment in the neighborhood was bad, and this is why they started displaying bad behaviors. The juvenile justice system always considers that there must be a reason children may develop bad characters (Case law. find law, 2021). Therefore, the system is a bit lenient and, in most cases, offers a second chance to the young offenders to correct their mistakes. The juvenile system strives to mold these young offenders’ creatures by making them realize that they acted wrongly, and thus, they are expected to display good character (Njjn.org, 2019). The adult justice system is less lenient to the offenders because the system understands that all adults understand what is good and wrong. When one is found guilty, they are punished for the offense; this punishment is meant to trigger character correction.
The summary of the court philosophy used in this case is that the court saw that it was necessary and safe to continue detaining the two boys because there were higher chances of committing more crimes because of the poor home environment. Secondly, the court saw that it was better to continue detaining them because they had already violated the probation rules not once but twice (Njjn.org, 2019). Law enforcement and the courts interact differently with juveniles and adults. In this case, when Kenneth and Kentrell were adults, the court could not have detained them for that long but could have punished them with fines or imprisonment.
The rights and confidentiality of the information about juveniles require that law enforcement and court records and the related information associated with young people under 18 years be kept from all kinds of public disclosure. One policy that seeks to protect the confidentiality of the information states that there should be a limitation to the people who access this information as it moves from government agencies, courts, and law enforcement (Njjn.org, 2019). Any record got as a result o the juvenile justice system should be sealed and reviewed for expungement when the case is over. Another important policy concerning the juvenile system is that the juvenile court proceedings must be kept presumptively closed.
One of the community programs that Kenneth and Kentrell can be admitted to is the Center for Community Alternatives (CCA). This program promotes reiterative justice and helps in reducing reliance on incarceration. CCA works collaboratively with juveniles who have committed offenses such as violent behaviors or the use of weapons. CCA provides the youth with services such as individual case management, life skills-based supervision, school attendance, therapeutic groups that address trauma, and more. The CCA program fits Kenneth and Kentrell because it offers a wide range of assistance. Moreover, this program has many young people, meaning that these two boys will have to interact and share with other young people enrolled in the program and thus will learn various life skills and social behaviors from them. The CCA program has proved to be an effective community-based program that can help the young correct their antisocial behaviors.
References
Case law. Find law. (2021). The United States v. juvenile male Kenneth. Retrieved from https://caselaw.findlaw.com/us-9th-circuit/1178467.html
Calamari. (2021). Juvenile Lockup: Prison Courtroom Documentary Series Pt. 5. Retrieved from https://www.youtube.com/watch?v=LhM4Gg19Ls4
Njjn.org. (2019). Safeguarding the Confidentiality of Youth in the Justice System: Recommendations and Resources. Retrieved from http://www.njjn.org/our-work/confidentiality-of-youth-in-justice-system-safeguards
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Question
Scenario: You are interviewing for a position as a law enforcement officer who is expected to interact regularly with juveniles and adults. The hiring committee wants to choose a candidate who can write clearly and demonstrates a solid understanding of the juvenile versus criminal justice system’s standard procedures.
Write a 700- to 1,050-word paper comparing the procedures that law enforcement officers and courts should follow when interacting with juveniles versus adults during the stages of intake, prosecution, adjudication, and disposition.
Complete the following in your paper:
Summarize the case Kenneth: Juvenile Court in Session and the legal issues facing the juvenile and the court.
Define the role and key parameters of the juvenile justice system.
Explain the function of juvenile vs. adult courts.
Summarize the court’s philosophy of juvenile justice used in this case.
Explain how law enforcement and the courts might have interacted differently with this person as a juvenile than if he or she had been an adult.
Summarize the rights and confidentiality protections that exist for this juvenile that are not the same for adults. Use the State Profiles from the National Juvenile Defender Center and include at least 1 policy specific to your state that would be relevant in this case.
Which community-based program would be best suited to assist the troubled youth in your chosen scenario to help prevent further crimes? Justify your suggestions based on history, trends, causation theories, and the potential for reform. Use current statistics and data to support your claims.
Use language and terms appropriate for each justice system when comparing juveniles versus adults.