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Comparing Adult Court and Juvenile Court Systems

Essay by   •  January 10, 2012  •  Essay  •  476 Words (2 Pages)  •  1,568 Views

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When comparing the adult and juvenile court systems, there are many differences as well as similarities. It has been said that the leniency found in the juvenile approach is often not the best resolution for all cases in juvenile court system. In the juvenile court system, the main focus is in rehabilitating the individual, whereas, in the adult court system, due process and retribution are focused on more than the actual individual. The rehabilitation approach that is taken for the juvenile is the major difference between that of the approach taken with the adult. This also relates to the fact that the juvenile's age and the nature of the act committed is taken into consideration, as this protects the juvenile from being tried as an adult and ensures that the juvenile is tried appropriately, so as to contribute to the rehabilitation process. Another difference is the terminology used during the process. In the juvenile system, the situation that is being reviewed is referred to as an "act of Delinquency", as opposed to an adult, where the occurrence is termed as a "crime". On the other hand, this same difference can also be seen as a similarity, in that the process of labeling is the same, whereby a juvenile is labeled as a delinquent, where an adult is labeled as a criminal for their actions. An additional difference that is readily seen between the two systems is the fact that the juvenile is given a greater consideration, where their background and current support structures, including their family and educational situations, are reviewed and considered during the court process. The adult offender is not afforded this same consideration. Further, the juvenile court process has more steps than that of the adult and the terminology is also different. The juvenile is not arrested, instead, they are taken into "custody". Instead of being indicted, a "petition" is filed against them. Instead of entering a plea, the juvenile either agrees to a finding or denies the petition. In place of plea bargains, the juvenile case can have adjustments made to it. At this point, the juvenile court will determine if the juvenile will remain in custody or be placed in a detention facility or child care center. Instead of facing possible reduction of charges, the juvenile is given "substitution". Instead of going to hearing, the juvenile has an "adjudication", also known as a fact finding hearing. Instead of sentencing, a juvenile has a "dispositional" hearing, which can include commitment to a youth center or receiving treatment at a training school. The last step of the process and before the final release of the juvenile, instead of being placed on probation, parole, electronic monitoring or halfway houses, the juvenile may be placed into a "residential care" or "aftercare" facility, so to assist for adjustment to living as a productive member of society.

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