Article Review Project

Article Review Project

What is the author's main points regarding abolishing the juvenile court (there are several so read carefully)?

The author has presented several issues in relation to the abolition of the Juvenile Court, as he is of the view that a crime is a crime, whether committed by a Child or an Adult. He is of the view that though the children who committed a crime should not be given as harsh punishments as given to adult criminals, yet, there should be some sort of punishment, which the child criminal should complete, in order to make sure that he or she does not commit the same crime in the future. Moreover, he also says that the rehabilitation process of the child can be carried out after he or she has served the punishment (Barry, 1997). Following are the issues that the author has presented in his writings:

Court as an Adult or Child

Once the petition is sought, 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 (Michael, 2008). When the juvenile court authorities decide to transfer a juvenile to adult court, usually discusses the following criteria established by the Supreme Court of the United States in the case Kent v. United States:

Have you committed a crime before?

Was the alleged offense committed an intentional act violently?

Do you benefit most from rehabilitation offered by the juvenile court or those available in adult court?

How serious was the crime? "The safety of the community requires that the child is judged by the adult court system?

Is it a crime against property or against a person? If the crime was committed against a person is more likely that the lower court to adult court if the victim suffered physical injury.

How much has the lowest social maturity? "He lived alone and kept financially at the time of committing the crime?

What degree of maturity and what personality traits are the people who allegedly committed the offense with a child? If they are adults, it is likely that the court considers that the fairest thing would be to prosecute all offenders in adult court.

"The accused is likely to be found guilty if tried in adult criminal court? (Barry, 1997)

One child tried as an adult can:

Be declared innocent and released, or you can set who do not meet enough evidence to continue the trial or other proceeding.

Accepting a guilty plea offered by the prosecutor or state attorney. In most cases, the "conviction" is that the defendant will plead guilty in exchange for a lighter sentence.

Be convicted and receive a sentence of probation or sent to an appropriate alternative program, such as drug rehabilitation.

Convicted and sentenced to jail or prison.

Be convicted and receive a "determinate sentence" (blended sentencing). This occurs when a child is judged by an adult court but is entitled to be punished as ...