-
Essay / Judging Juveniles as Adults - 1311
According to Caldwell (1961), the juvenile justice system is based on the principle that juveniles are developmentally and fundamentally different from adults. According to Mack (1909), the juvenile justice system has shifted from "has the crime been committed" to "why did the child commit the crime", "how can we help the child.” When acting as intended and consistent with original intentions, the juvenile court balances rehabilitation (treatment) of the offender with appropriate sanctions when necessary, such as incarceration. According to Griffin (2008), in some cases, juveniles may need to be “transferred” to adult court. In this article, I will discuss the three main waiver mechanisms in adult court: judicial waiver laws, statutory exclusion laws, and prosecutorial discretion laws or concurrent jurisdiction laws. Additionally, I will discuss the strengths and weaknesses of each type of mechanism that refers juveniles to the adult justice system. Finally, I will conclude by discussing the different mechanisms and their effectiveness in relation to the principles and ideals that the juvenile justice system represents. According to Griffin (2008), from the beginning, judges in the juvenile justice system were able to assign cases that met certain criteria to criminal court. This process is described as “transfer of jurisdiction”. According to Griffin, Addie, Adams, and Firestine (2011), transfer of jurisdiction laws differ significantly from state to state. Griffin (2008) stated that all laws fall under one of three primary mechanisms for transfer to adult courts: judicial waiver laws, statutory exclusion laws, and prosecutorial discretion laws or concurrent jurisdiction laws. Kupchik (2006) stated that...... middle of article...... Criminal Law, Criminology, and Police Science 51(5), 493-511. Fagan, J. (2008) Juvenile Crime and Criminal Justice: Resolving Boundary Disputes. Children's Futures 18(2) 81-116. Griffin, P. (2008) Different from adults: an updated analysis of juvenile transfer and blended sentencing laws, with recommendations for reform. Pittsburgh, PA: National Center for Juvenile Justice. Griffin, P., Addie, S., Adams, B., and Firestine, K. Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. (2011). Judging Juveniles as Adults: An Analysis of State Transfer Laws and Reports (NCJ 232434). Retrieved from website: https://www.ncjrs.gov/pdffiles1/ojjdp/232434.pdfKupchik, A. (2006) Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Courts.New York: NYU Press.Mack, J. ( 1909) The juvenile court. Harvard Law Review 23(2), 104-122.