Juvenile and Adult Crimes, Research Paper Example

The juvenile justice is a specially designed legal system for trying and charging under-age offenders, usually below the age of 18. It serves the two purposes of acting as a child welfare system and law enforcing agency (Siegel & Welsh, 2008, p. 522). The system has jurisdiction in all cases involving minors, except serious ones such as robbery, gang violence and homicide, in which case they are tried as adults. In view of the facts pertaining to the case in question- in which Mrs. I’s son has been arrested for stealing a car, driving without a license, and finally crashing it into a storefront- fits within the jurisdiction of juvenile justice.

In responding to Mrs. I’s concerns, there are two issues to consider: one, the role of the juvenile system, and two, the legal procedures in the juvenile justice process. By highlighting on these issues, I should be able to enlighten Mrs. I on the expected course of law, and the likely outcome of the case.

Primarily, the objective of the juvenile system is to deter minor offenders from future criminal acts (Third Judicial District Court, 2010). Accordingly, its role is to rehabilitate juvenile delinquents through detention, probation and other correctional measures. In this regard, Mrs. I shouldn’t have any fears about her son being abused or mistreated, for that is not the goal of the juvenile justice system. However, arrest, referral and detention are the first steps of any legal procedure; therefore, Mrs. I’s son will be arrested and placed in a juvenile’s jail.   The next step is to decide whether the minor should be charged, released or referred to a welfare program for juvenile delinquents. The juvenile probation department may decide to handle the case informally, or dismiss it altogether, depending on the evidence and seriousness of the facts of the case. In Mrs. I’s son’s case, the offense involves causing damage, and it is only logical that a legal proceeding is necessary.

Whether a case is handled informally or formally may also depend on the parties involved. Given Mrs. I’s concerns for the safety and wellbeing of her son, it possible to pursue an out of court settlement with the owner of the damaged storefront. On the other hand, the crime of stealing a car and driving without a driver is beyond the choice of the car owner, in which case a formal hearing is inevitable.

In this situation, the next step is for the lodging of a delinquency petition, which informs a judge of the minor’s offense, the evidence supporting the allegations and the request to begin a formal hearing (Junger-Tas & Decker, 2006, p. 509). As the defendant’s attorney, I will recommend for a probation officer’s assessment of the case, with regards to the likely psychological and emotional negative effects it may have on the minor. Being 15 years old, Mrs. I’s son has a right to be protected from media exposure and harassment. Next, the prosecuir may lodge a waiver petition to try the minor in an adult court. In the Kent vs United States (1966), a waiver was applied to a 16-year old because his offenses, rape and robbery, could not be handle within the juvenile system. However, I will recommend that the minor’s criminal history, if any, should be taken into consideration before making any final decision. If he is not a repeat offender, then I will argue that the minor should be placed in a probation program such as community service. This program will not only benefit the community, but also serve as an appropriate punishment for rehabilitating a first-time under age offender.

If I were the judge deciding this case, therefore, I will reason that the youth may have not comprehended the seriousness of his actions during the time of the act. The fact that he rammed the car into a storefront demonstrates that perhaps he was excited, and not acting with the same motive as an adult typical thief. The child was not intending to steal the car, because he didn’t have a driving license, hence the need for a probation sentence.

References

Junger-Tas, S., & Decker, S. H. (2006). International Handbook of Juvenile Justice. New York: Springer

Siegel, L. J., & Welsh, B. (2008). Juvenile Delinquency: Theory, Practice, and Law. New York: Cengage Learning.

The Third Judicial District Court. (2010). What Parents Should know about the Juvenile Justice  System. Retrieved July 19, 2011 < http://www.the3rdjudicialdistrict.com/parentsjjs.htm#top