It has a legal significance. As per the Juvenile Justice (Care and Protection) Act, 2000, a juvenile shall not be treated as an adult even if he/she is involved in any criminal acts for the purpose of trial and punishment in the court of law.
“Minds of juveniles who have attained the age of 16 and commit serious crimes are well developed and they do not need care and protection of the society. … After that, the juvenile should be treated like an ordinary criminal and subjected to the imprisonment meant for adults, adds the PIL.
By trying juveniles as adults it could help stop minors from committing violent crimes or any crimes at all. … Another benefit of trying juveniles as adults is bringing justice, not only to the criminal but also to the victims families.
List of the Advantages of Juveniles Being Tried as Adults. 1. It eliminates the juvenile threshold for consequences associated with severe crime. Most juvenile offenders can have their records expunged or sealed when they reach the age of 18, 21, or 25 in most countries.
Minors ages 14 to 17 may be tried as adults in a California Superior Court through any of the following procedures: A prosecutor may file a petition for a “fitness” hearing in juvenile court.
When we lock up young people, they are more likely to be exposed to extreme violence, fall prey to abuse, and suffer from illness. High rates of violence, unchecked gang activity, and overcrowding persist in Division of Juvenile Justice facilities where many youth sentenced as adults start their incarceration.
Anyone 13 years old and above can be tried as an adult if he or she has a record of previously breaking the law or commits a serious crime. Minors who are 15 or 16 years old are automatically tried as adults for certain offenses, including murder, aggravated criminal sexual assault, and armed robbery with a firearm.
There are many effects that being tried as an adult can have on a juvenile. Psychological effects can be anything from juveniles losing faith in the justice system to experiencing trauma going through adult court and being confined in adult prisons, and that trauma can cause various emotional disorders.
Juveniles know right from wrong, should be held responsible for their behavior and should face consequences when they violate the law. … Because juveniles are more impetuous than adults, they are inherently less responsible for their acts, and are therefore less deserving of harsh punishment.
Factors that may influence the judge’s decision or a prosecutor’s request to transfer a juvenile case to adult court include: the seriousness of the offense and whether the child caused serious harm to another person. the age of the juvenile. the juvenile’s record of criminal activity, and.
As you can see, the difference in terminology between adult and juvenile court indicates that juvenile offenders are often treated more leniently. This is because there is a strong inclination to rehabilitate juveniles, instead of merely to punish them. Adults are punished for their crimes.
Two well-designed studies conducted in the 1980s found that transfer laws did not reduce juvenile crime. … The study found a 25% decrease in violent juvenile crime and a 10-15% decrease in property crime committed by juveniles in states that lowered the jurisdictional age for criminal court from 18 to 17.
Arrest rates for juveniles are lower than the rates for 18- to 24-year-olds for all four violent crimes and lower than the rates for 25- to 34-year-olds for homicide, rape, and aggravated assault.
The first way that juvenile proceedings differ from adult proceedings are the terms that courts use for juvenile offenders versus adult offenders. First, juveniles commit “delinquent acts” instead of “crimes.” Second, juvenile offenders have “adjudication hearings” instead of “trials.”
Typically, if a minor — a child under the age of 18 — commits a crime, he or she will be go into the juvenile justice system. … In the juvenile court system, cases are tried in generally the same way as in the adult court system, but with one major exception: they are not entitled to a trial by jury.
If a juvenile has committed a more serious crime, a judge may sentence them to a longer period of incarceration in a secured juvenile facility. … This means that they are sentenced to juvenile detention initially and then transferred to an adult jail or prison once they reach the age of majority.
Children under 12 are considered incapable of breaking the law, and are treated as victims, not offenders, if they do something that would be considered a crime for someone older. Children under 10 cannot be prosecuted and 10- and 11-year-olds can only be prosecuted for murder or manslaughter.
Juveniles need resources to equip them to succeed when they are released from juvenile facilities, rather than face the devastating effects of being housed in adult prison systems. Juveniles should be treated as juveniles in the court justice system, with a focus on rehabilitating rather than simply punishing.
Special Protection of Rights – While youths enjoy all the legal rights of adults, certain rights are given special protection in the youth justice system. Some of these include the right to a lawyer, the right to privacy and special safeguards when a youth is questioned by the police.
Youth offences are often treated differently because children lack the cognitive capacities of an adult. Instead, the criminal justice system focuses on helping children learn to take responsibility for their actions in order to achieve a healthier community reintegration later.
Adult courts use trials by jury. Juvenile courts use trials by a judge. Adult courts carry the potential of much more serious penalties. Juvenile courts use strict penalties, but won’t include adult prison terms.
The differences between adults and juveniles in the law are as follows: Adults system concentrates on criminality while juveniles concentrate more on delinquency. … In adult system, the goal is punishment but in juvenile system, the goal is protection.
Specifically, violent crimes committed by juveniles are treated very seriously by the court and can carry serious and long-lasting consequences. There are significant differences between juvenile court and the adult criminal justice system.
According to the Rationale choice theory, the responsibility for juvenile delinquency lies with the person committing the crime. This theory suggests that the responsibility for crimes in general should be with the individual offender (Home Office, 2010).
The five primary types of status offenses (truancy, running away from home, violating curfew, underage use of alcohol, and general ungovernability) are discussed below.
Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead “guilty,” “not guilty” or “no contest” to those charges.
Justice Fortas, who wrote the opinion, delivered an indictment of the juvenile court when he stated, “Under our Constitution, the condition of being a boy does not justify a kangaroo court.” Many of the basic rights that are taken for granted in the adult court were not granted to Gault, such as the right to counsel, …
There are benefits of trying juveniles as adults, most arguments that are found are against it, but research has found that it is very helpful. One of the benefits of trying juveniles as adults are that it minimizes and stops crimes committed by minors.
Id. In all, twenty-five percent of all serious violent crime involved a juvenile offender.
The types of offences that are perpetrated by juveniles
Certain types of offences (such as graffiti, vandalism, shoplifting and fare evasion) are committed disproportionately by young people. Conversely, very serious offences (such as homicide and sexual offences) are rarely perpetrated by juveniles.