Running head: Juvenile Crime Paper Juvenile Crime Paper CSJ / 200 Undoubtedly, juvenile delinquency is very representative since the last century. Juvenile delinquency is one of the criminological problems that is growing every day, not only in our country but also worldwide, is one of the socially negative actions that will otherwise fixed by law and morality created and accepted by society. Juvenile crime has increased dramatically in recent times, becoming an issue of growing social most concern, both for its quantitative increase, for their progressive qualitative hazard.
Juvenile crime is also a feature of societies that have reached a certain level of prosperity. The phenomenon of violence is very complex. There are many causes, and are closely related to each other and lead to juvenile delinquency. It is generally grouped into biological, psychological, social and family. Illegal activities that develop young people, whose conduct goes through accepted social causes, and follow the same patterns of integration than most, does not arise repeatedly, but it is part of a gradual process of socialization deviant gradually getting worse.
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This process is manifested most sharply in adolescence, when youth is better able to perform actions on their own. When a juvenile is accused of committing a criminal offense or an offense is a condition, the officer responsible for receiving the youth in the juvenile court decides how to proceed through the stages of the criminal justice system. He evaluates many factors, for example, the degree of likelihood that the youth has committed the act. The seriousness of the offense or the level of violence of the act. For example, Is the first time that is absent from school?
The possibility that the youth had any previous contact with the juvenile justice system to justify a severe measure, such as probation or apply for supervision in a juvenile court. The need for the child to be temporarily detained in a juvenile justice center. The potential benefits to appear before a special court. The application of extrajudicial measures or the use of alternative programs such as the appropriate response to the case. For example, if a youth was seen destroying a person’s property, the court should require the child to compensate the victim for damages and also attend therapy sessions.
Once the petition is requested, the judge or judicial referee must decide whether the youth will be tried before a juvenile court or be subject to a transfer hearing or waiver of jurisdiction to determine whether the case should be treated in the criminal justice system as adults. When the juvenile court authorities decide to transfer a juvenile to adult court, usually they discuss the following criteria established by the Supreme Court of the United States. Just Cause Law Collective (2007) stated, “Sometimes minors are tried in adult court, typically in cases involving very serious crimes such as rape or murder.
This usually happens to somewhat older minors, aged thirteen to seventeen”. If the complainant is not a parent when the child is taken to interrogation, it is necessary to contact a parent who has custody of the child or guardian. During the first 24 hours in custody, the minor must appear before a probation officer, judge or judicial referee. This is called initial appearance or preliminary. Even if a police officer or a school official witnessed the illegal act, there is the possibility that the child is released, he has to returns to the adjudicatory hearing in juvenile court.
If the court decides that the child must be judged, it must conduct a detention hearing. In some states, this hearing must be held before the second business day after the arrest of the child. Among the differences we found between the juvenile justice system and the adult is that if the minor is found guilty is protected by law and rehabilitated in the case of the adult can be punished, it is also can be treated and in some cases offered rehabilitation. Gadek, R. (2011) conclude, “For example, the juvenile justice system makes it the point to rehabilitate instead of punishing juvenile delinquents.
However, one must take into consideration that punishment is still a feasible concept within the juvenile system, but it is used prudently as a last resort”. The adults are incarcerated in a prison and the children are taken to youth centers. When we talk about records of the trial of adults remain public, children remain sealed and can be destroyed when the child reaches the age of majority. Utah State Court (2009) stated, “In Juvenile Court, the hearings are closed to the public, except for delinquency cases in which the offense would be considered a felony if committed by an adult and the juvenile is 14 years of age or older.
The Juvenile Court can order any hearing closed to the public based upon findings on the record for good cause shown”. At the time an adult is caught can be released if he pay a bail with the security that he is going to the court or if is not he have to hold criminal charges. Juveniles are released under the supervision of a parent or guardian. Often children have the right to treatment, but adults will only receive medical treatment, may not receive alternative treatment. The trials for children are closed and cannot have a jury trial, unlike the adults they can attend trial which is public and if they are entitled to a trial by jury.
Both adults and children are entitled to be represented by an attorney who will defend their rights in court. One of the biggest differences is that juvenile are never arrested, but they are either taken into custody or with a person that requested them or by a complaint, but adults require a warrant for arrest. Although the adversarial system is contrarested with the inquisitorial system, the latter in fact also enshrines in law the right of the accused to oppose the evidence of the prosecution and introduce evidence to prove innocence. The procedure for minors is a remedial.
The key to the process of adults is to determine who is guilty or innocent in the case of children is making a decision that is favorable for the child either innocent or guilty. When talking about incrimination, both adults and children are protected not to incriminate themselves. All children have limited rights at the time of the search; instead of adults have rights that protect them from raids on their homes, possessions or themselves. Finally we have the purpose of intervening with children is whether or not committed a crime or violated a status Offense. For adults the most important thing is to determine if he is innocent or guilty.
Conduct that is illegal only because the child is underage is known as a status offense. Separate status offense categories may avoid some of the stigma associated with the delinquency label, but they have little effect on treatment. Youths in either category can be picked up by the police and brought to a police station. They can be petitioned to the same juvenile court, where they have a hearing before the same judge and come under the supervision of the probation department, the court clinic, and the treatment staff. At a hearing, status offenders may see little difference between the treatment they receive and the treatment f the delinquent offenders sitting across the room. Although status offenders are usually not detained or incarcerated with delinquents, they can be transferred to secure facilities if they are considered uncontrollable. Among the variables that correlate crime rates are the conditions in the community that have noted that the harm caused by residence in a deteriorated inner-city area, wracked by poverty, decay, fear, and despair, extends from an increase in poor health to higher risk of criminal victimization. Table 1 [pic] The personal interaction with families, peer, and schools play an important role in shaping behavioral choices.
Inappropriate and disrupted social relations have been linked to crime and delinquency. Social changes, economic stress, and family disintegration are social changes that have been found to precede sharp increases in crime rates. Conversely, stabilization of traditional social institutions typically precedes crime rate declines. Poverty, take an especially harsh toll on minority not only does race influence economic well-being, it also seems to determine how adolescents are treated if they become involved in the juvenile or adult justice systems.
One possible solution is a family counselor in relation to the emotional changes of children and the role that education plays in them. This is especially important in the moral and intellectual development of youth. Education is inextricably linked to moral development, as this provides for misconduct that may be related to a child or adolescent. On the other hand, institutional support can be provided through state rehabilitation centers to implement a regulation based standards of conduct, control of their actions, and motivation.
Similarly, community work would provide social and economic support to young people who need it most, and that many times, necessity is a factor in crime. I think society have the ability to help these kids, we only need to want to try, if we form a unity between society and moral behavior, the youth will be oriented on track and a good future in store for the city. Reference Gadek, R. (2011). The Juvenile Justice System and The Adult Justice System, Criminal Justice Blog. Retrieve on August 30, 2011 from http://criminaljusticeonlineblog. om/11/the-juvenile-justice-system-and-the-adult-justice-system/ Just Cause Law Collective (2007). Differences Between Juvenile and Adult Court. Retrieve on August 30, 2011 from http://www. lawcollective. org/article. php? id=64 Utah State Court (2009). 5th District Juvenile Court, Utah State Court. Retrieve on August 23, 2011 from http://www. utcourts. gov/courts/juv/juvsites/5th/ Table 1 (2011). US Census Bureau, Statistical Abstract of the United States: 2011, Law Enforcement, Courts, and Prisons. Retrieve on August 1, 2011 from http://www. census. gov/compendia/statab/2011/tables/11s0337. pdf
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