JUVENILE'S RIGHT

Detailing A Juvenile's Right At The Time Of Arrest



Detailing A Juvenile's Right At The Time Of Arrest

Introduction

The juvenile crimes are rising throughout the world. It has been noticed that when these offenders are brought to the juvenile justice system by any police officer, they are governed by the distinct set of practices and philosophies as of those encountered by adults accused of crimes (Burrus, Leonard, 2002). They are processed by juvenile justice system until they are waived to the court of adult. Many historical researches have differentiated that juvenile offenders should be treated separately from their older counterparts. Still, the question is unsolved because the nature of crime is same regardless of the offender (Goode, 2003).

Discussion

Comparison of additional protections afforded juveniles (as compared with adult offenders)

At the time of arrest, juveniles have separate rights than those of adults. There are also some additional protections for juveniles that the old counterparts do not have. Juvenile offenders were treated in much the same manner as adults before the first court for juvenile was established in Illinois in 1899 (Burrus, Leonard, 2002). Youthful transgressions against criminal law were managed through a generalized system of prohibitions and punishments. Consequently, findings of guilt were determined by the actions of the individual with little consideration for their situation, life experiences, social position, or mental state. Juvenile offenders were believed to be acting with criminal intent and were consequently punished in much the same manner as adults (Goode, 2003). Moreover, the punishment for a crime is also different to a juvenile, when compared with the adults.

In the past few years, the theory of 'get tough' was applied for young offenders, through which young people could easily be transferred to the adult system; therefore, applicable to severe penalties. Now, federal government is aiming at reducing youth crime through the youth justice system, which has flourished (Puritz, Wendy, 2000). Also, Municipalities and city governments possess only modest lawmaking power that has added their own legislative response to the already cramped arena of juvenile justice through instituting curfew ordinances, and anti-gang legislation. The significant feature of these actions is that they are directed towards the repeated activities of offenders (Puritz, Wendy, 2000).

Whether or not the additional protections serve the purposes of criminal and social justice

Young people generally represent a subservient class and are comparatively powerless, concerns about the welfare, and discipline of young persons have plagued societies ...