Juvenile Vs. Adult Court Systems

Student name

Department, University

Course name

Instructors name

Due date

Juvenile vs. Adult Court Systems

The operations of the juvenile court are different from that of adult court in several ways. The juvenile court system aims at rehabilitating rather than punishing a minor who committed delinquent acts. In contrast, the adult court system punishes the individual committing a crime. Int this essay, the difference and similarities between juvenile and adult court procedures are outlined by comparing a case study involving an adult and how it would be handled if a juvenile had committed the crime.

According to Gardner (2020),  Mr. Eric M. Ellis, aged 34, was charged with first-degree robbery as well as the possession of controlled substances. He allegedly assaulted a customer and employee of a store at Mt. Vernon (Gardner, 2020). The affidavit showing the probable cause from Centralia police officers indicated that Mr. Ellis was reported of assaulting an employee of  Safeway store at Harrison Avenue, and a customer at the same store. The affidavit also indicates that the accused pushed the accuser from the back and kicked her thigh as she left the store (Gardner, 2020). The marks on her right leg where she was kicked was shown to the police. It is further alleged  Mr. Ellis had been causing issues with Safeway’s employees for some days, and during the day of the alleged assault, he had already been asked to leave the store but instead responded with a punch to the employee (Gardner, 2020). Upon arrest, he was found with the heroine and tested positive for heroin as well. During his appearance at Lewis Country Superior Court, Mr. Lewis’s attorney, Rachael Tiller, requested a bail for his client upon which a bail of $25,000 was granted by Judge James Lawler (Gardner, 2020). If found guilty, Mr. Ellis is convicted to a maximum of three to six years in prison for correction.

This case would unfold differently if Mr. Ellis was a juvenile; this situation would have followed the juvenile court system’s procedures. A person is considered legible for the juvenile court system if they are aged between ten years and eighteen years of age. Firstly, instead of Mr. Ellis being convicted, he will be adjudicated for the crimes that he has committed (Fagan, 2008). Secondly, if Mr. Ellis was found guilty of the delinquent acts committed, he would be adjudicated delinquent and provided with a disposition instead of a sentence. Disposition is focused more on rehabilitation than the adjudicated juvenile can change their behavior rather than punishment as found in the adult court system (Cintron, 1995; Fagan, 2008). If the disposition is held at a county that Mr. Ellis does not reside, then the disposition will be transferred to the county of residence of Mr. Ellis if he was a juvenile.

Court proceedings are carried out differently if the defendant is juvenile at the time of committing the crime. In a juvenile court, the individuals are charged with complaint documents, whereas, in a juvenile court, charges are presented in a petition (Cintron, 1995).  In most jurisdictions, there are no juries afforded to the juvenile. Nevertheless, the minor is still considered innocent until proven guilty beyond a reasonable doubt, but the prosecutor convinces the entire jury against the minor. Also, in the juvenile court, the defendant is adjudicated if proven guilty, whereas, in adult court, the defendant gets convicted. This is followed by the passing of a punishment-based sentence in adult court, whereas in a juvenile court disposition focuses on rehabilitating the juvenile.

Another difference between juvenile court and adult court systems is that in the adult court, the hearings to the public. In contrast, juvenile hearings are not open to the public, and only the lawyers, probation, the child, and family members are allowed in the courtroom (National Research Council, 2001). Another difference between the two systems regards where the delinquent acts were committed to the venue of delivery of disposition. For the juvenile court system, if the defendant commits the delinquent acts outside the county of residence, they are adjudicated where the acts were committed, but deposition is transferred to their county of residence. (Fagan, 2008).

A juvenile waiver is the transfer of a case from juvenile to adult court, provided by a court judge to deny the minor the protection of juvenile jurisdiction. Although a juvenile waiver is entirely dependent on judge decision, the decision is mainly based on egregious crimes such as drug possession laws, first-degree murder, and firearms laws (Fagan, 2008). Another point that the judge puts into consideration while providing a juvenile waiver is the child’s age. Typically, most of the waivers are granted to juveniles over sixteen years of age. However, regarding the seriousness of the crime, individuals as young as thirteen years can be granted juvenile waivers.

In the case of Mr. Ellis, if he was judged under the juvenile court system, the appropriate disposition for the delinquent acts would be based on the current age of Mr. Ellis as a juvenile. If he is over sixteen years, the proper disposition is to file a concurrent juvenile and adult court case because, at this age, he may be considered an adult (Cintron, 1995). This is because of the severity of accusation on possession of controlled drug possession as well as consumption. If Mr. Ellis is below sixteen years of age, the appropriated disposition would be sent him to rehabilitation because it would be in the best interest of him at an age where he is amenable to treatment and rehabilitation. Also, offering tough measures at that age would be harsh to the child.

The appropriate legal procedure is necessary to make an informed decision in both juvenile and adult court systems. The assumption of innocent until proven guilty beyond a reasonable doubt would form the basis of producing sound and informed decisions based on criminal justice policy (Cintron, 1995; Fagan, 2008). The juvenile court system should base adjudication on the seriousness of the crime and the age of the minor. If the adjudication before the juvenile court is severe such as first-degree murder, then the adult court system should be used to provided convictions to the minor regardless of the age. Otherwise, rehabilitation would become the sound decision made in other juvenile adjudications. The adult court system should base the sentence on the extend of the damage of the crime and intent of the person accused. These two approaches form the basis in which makes sound decisions that can be made in both juvenile and adult court systems.

Reference

Cintron, L. A. (1995). Rehabilitating the juvenile court system: Limiting juvenile transfers to adult criminal court. Nw. UL Rev., 90, 1254.

Fagan, J. (2008). Juvenile Crime and Criminal Justice: Resolving Border Disputes. The Future of Children, 18(2), 81–118. http://www.jstor.org/stable/20179980

Gardner, J. (2020). Man Charged With Robbery After Allegedly Assaulting Customer, Employee at Centralia Safeway | Crime & Sirens | chronline.com. http://www.chronline.com/crime/man-charged-with-robbery-after-allegedly-assaulting-customer-employee-at-centralia-safeway/article_c4ab4c8e-a06e-11ea-a1f0-83f6a1815e28.html Accessed: 31 May 2020

National Research Council. (2001). Juvenile crime, juvenile justice. National Academies Press.