Colorado Juvenile Code, Research Paper Example

According to the Colorado Juvenile Code, a person in adolescent age of above 18 years is liable to be charged in the juvenile court and may also be taken to the detention centre for the juveniles in case of involvement in an illegal behaviour. However, for the juvenile, instead of an accusation of crime commission, the minors are commonly charged for commission of delinquent act. On being found guilty of commission of a prohibited act, the minor is not considered to have committed a crime but is adjudicated for commission of juvenile delinquency act.

The minors who have been adjudicated for commission of juvenile delinquency act in Colorado are entitled to different kinds of treatment from adults charged with criminal activities but the punishment that they receive may be associated with serious consequences in their future life. The punishments may include incarceration, potential sanctions as well as fines. In addition the record of the minor is incorporated in the criminal history which has serious consequences on future career and educational development as well as obtaining professional licenses.

Majority of the crimes involving the minors in Colorado are commonly executed in the juvenile courts. During the proceedings, the lawyer is supposed to defend the rights of the child who is accused of commission of juvenile delinquency act. In most cases, the minors are accused of commission of juvenile delinquency act such as vandalism, involvement in sex offenses, theft and robbery, possession and distribution of controlled substances. Most of the minors are caught in possession of marijuana that commonly involves drug discovery by police officers commonly stationed in schools (Paul, 2007).

On successful completion of the sentencing hearing of a juvenile delinquency through the process of “bindover” proceeding or hearing, based on the Colorado Juvenile Code, the court is supposed to enter a decree that involve a commitment or a sentence that leads to the imposition of sentence or a combination of several sentences as may be found suitable based on the Colorado law. The minor may be committed to serve in human services department, may also be confined in community correction centres or the county jail, the minor may be detained,  put under probation, or committed to accountability programs in the community or put in a legal custody for the juvenile (Erik, 2003).

The law also permits that the juvenile is placed in the legal custody in a county department of child placement program and social services. The juvenile may also be placed in a suitable facility such as a hospital so as to receive special care. A fine may also be imposed to the juvenile or be ordered to pay for restitution. The juvenile can also be ordered to partake a treatment program for anger management and any other such a program that may be found suitable based on applicable statutes. The juvenile can also be subjected to evaluation for determination of the suitability for practices of restorative justice that is a part of the sentence for the juvenile. The court may however not order for the participation o the juvenile in practices of restorative justice in a situation that the juvenile was adjudicated for commission of juvenile delinquency act involving sexual behaviour based on the definition in the Colorado statutes, or commission of a crime involving domestic violence according to the definition in the Colorado statutes.

The judgement of special offenders is also provided for in the Colorado Juvenile Code. The sentences that are imposed on the minors pursuant to the statutes in the Colorado Juvenile Code usually incorporate the participation of the parent or the guardian of the juvenile. In the situation that the imposed sentence is connected to school attendance, it is the responsibility of the court to inform the school district about this situation (Matza, 2009).  If it is in the interest of court’s opinion that the juvenile is placed away from home to safeguard the interests of the juvenile and the entire community, the court shall use the relevant statutes in the Colorado Juvenile Code and place the juvenile in a place found most suitable to meet the interests of the minor, the family as the entire community. In the course of determination of most suitable placement for the juvenile, the court makes use of evaluation for placement based on applicable statutes in Colorado Juvenile Code (Merton, 2008).

According to psychological research that supports this law, children must not be considered as small adults thus must be handled in a different way. Working with minors requires correctional professionals who are trained in a special way. The placement of minors in adult prisons can only promote more criminal as well as antisocial conducts. However, the psychological research that rejects this law suggests that, juvenile delinquency is an extremely lenient way of dealing with the little criminals and they perceive their criminal activities as deliberate attempts of breaking the law. The minors involved in crime are likely to advance to harder criminals in the future due to the leniency of the juvenile criminal system.

References

Erik, H. E., (2003). Childhood and society, 2^nd Ed. New York.

Matza, D., (2009). ‘The nature and extent of delinquency’ Journal of Negro Education, 28 pp. 200-218.

Merton, R. (2008). Social structure and anomie. Delinquency, crime and social process. New York: Harper and Row.

Paul W. T., (2007). Who is the criminal, American Sociological Review, 12,  pp. 96-102.