Similarities and Differences Between

11 November 2016

They were arrested, placed in custody, tried, as well as, imprisoned in the same facilities that housed adult offenders. Punishment was the primary goal when it came to the handling of either of these offenders, now the juvenile system focuses on rehabilitation whereas; the focus in the criminal system remains punishment. In 1899 the first juvenile court was founded in Cook County Illinois (Findlaw. com, n. d. ), it was at time policies began to change along with the manner in which juvenile offenders were treated in comparison to adult offenders.

Both systems continue to provide procedural safeguards to protect the rights of the offender upon admitting guilt. These procedures include; the right to an attorney, the right against self-incrimination, the right to cross exam witnesses, the right to be notified of the charges being brought against them and the prosecutions requirement to prove the charges beyond a reasonable doubt, rights to plea bargain and the right to hearings and appeals (Legal match, n. d. ). The rights afforded to any offender is an important right and should be in place in any court proceeding.

Similarities and Differences Between Essay Example

Although juvenile proceedings are not generally viewed as criminal both juvenile and adult offenders are entitled to be represented by court appointed attorneys. In contrast, the person appointed to represent the juvenile offender advocates for what is in the best interest of the juvenile, while the attorney appointed for the adult offender seeks to obtain the lowest sentence possible for the crime. Juveniles that are tried in juvenile courts cannot be sentence to adult jails or prisons, although more serious crimes against property or persons can be referred to criminal courts (Seigel & Welsh, 2010).

Juveniles involved in less serious crimes JUVENILE V CRIMINAL 3 such as shoplifting and runaways, have been diverted from court action. Court proceedings for juveniles as well as the records are sealed and not available to the public, while adult criminal proceedings and records are deemed public. Officers also deal with juvenile and adult offenders differently.

They have several options when dealing with a juvenile offender; they may release the juvenile with a simple warning, they may also release the juvenile and file a report on the contact they had with them, they have the option to take the juvenile to the police station and make referrals to outside programs like youth services, they may also refer the juvenile to juvenile court intake either with or without detention. In dealing with adult criminal cases the options of officers pale in comparison, they offender is either arrested or released with a warning.

Once in custody of the police, juvenile are generally released to the custody of their parent or guardians and adult offenders are offered the opportunity to pay bail. Parents in juvenile proceeding have a greater involvement in the trial process where in the adult process; parental involvement is minimal if at all. With significant similarities and differences between the two systems, the need becomes clear that adults and youth offend differently and for different reasons, and should also be punished and rehabilitated differently.

While the courts operate separately and independently of each other, the goal of punishment should remain the same with rehabilitation as an option for the offenders that could truly benefit from the program. Juveniles today do not fear the system and therefore continue to offend. With distinctly different physical and psychological needs of juvenile and adult offenders, it is clear that the solution should be equally different. Juveniles should remain in separate facilities and continue to journey on the road to rehabilitation.

Having juvenile and adult offenders housed in the same facility would only endanger the lives of the juveniles, by placing them around violent adult criminals who have been convicted of serious crimes such as murder, potentially in harms way. The differences clearly justify having separate court systems and we should continue to progress and grow with the ever changing needs of each type of offender.

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