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Juvenile Cases

In recent years, there has been a dilemma in the criminal justice system as to whether to treat juvenile offenders as adults, and at what age to do this (Brown, 1998). The first juvenile court, a uniquely American institution, was established in 1899. The court adopted the doctrine of parens patriae, and sought long-term behavioral change rather than punishment. Sentences were customized to meet the needs of each juvenile.

In most instances, this format still exists, but is not deemed appropriate for those juveniles waived to criminal court (Brown, 1998, 52). The definitions of childhood and age-appropriate behavior are in a state of flux, and violence is rampant today among juveniles. Violent juvenile crime increased more than 70 percent between 1986 and 1998, and a ôget toughö attitude throughout the criminal justice system is being applied to juveniles as well. Waivers are used more today than in the past, and juveniles are being subjected to conservative criminal court practices rather than rehabilitation in juvenile institutions (McMillan, 1999; Brown, 1998;).

Every state, and the District of Columbia, has at least one provision for waiver so juvenile offenders face criminal courts charged as adults: either by judicial waiver, where the juvenile court waives jurisdiction and sends the case to criminal court; by prosecutorial discretion, where the prosecutor decides in which court to file charges; or by statutory exclusion, where the state legislature designates certain offenses for which criminal prosecution is required (Brown, 1998, 52).

The largest proportion of juvenile cases waived to criminal court is for serious crimes such as murder, aggravated assault, property crimes, public order offenses, and drug offenses (Brown, 1998, 53). Most states allow juveniles to be waived if they are currently charged with a felony and have been charged previously with a felony, and most states allow juveniles to be w...

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Juvenile Cases. (1969, December 31). In LotsofEssays.com. Retrieved 09:24, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1701479.html