Adjudicatory hearing – This is the actual trial that occurs in a juvenile case. The judge in this hearing will determine whether the facts in the petition (which will be defined separately) are actually true. This decision is made after the judge hears all of the information, along with any testimony. The entire process in an adjudicatory hearing is similar to some of the structure in that of an adult trial, but the hearing is a bit more controlled and without a large amount of the “adversarial system” in play. It is also worth mentioning that there isn’t a jury in an adjudicatory hearing, so the charges must be proven beyond a reasonable doubt before the judge can establish guilt.
Parens patriate – Coming from Latin and meaning “parent of …show more content…
Once it has been determined that a juvenile can even be waived to the adult court (based on laws and regulations for that specific jurisdiction), there are three main types of waivers that can be used; these are: the judicial waiver, prosecutorial discretion, and statutorial exclusion. Judicial waiver is the most commonly used transfer mechanism, and it involves judicial prosecutors and/or judges making the decision based on the circumstances (offense criteria, age, etc.). Prosecutorial discretion occurs in those states that have determined with its statutes that prosecutors should have the authority to decide whether the juvenile will be tried in juvenile court or in the adult court. The final waiver, statutorial exclusion, is used when a state’s law mandates that certain offenses automatically be tried in the adult court system.
Status offense – A status offense is an offense that when committed by a juvenile is considered to be a crime, but would not fall under such category if committed by an adult. A good example of this would be running away from home. As adults, everyone is allowed to leave their home without informing anyone or obtaining permission. As a juvenile however, running away from home is a status offense that is punishable. The reasoning behind all of this is to protect a class of citizen (in this case, children) from acts that would otherwise …show more content…
They were reformers who founded the courts on the basic principle of being there for criminal youth instead of against. These same ideas continue to this day with the juvenile justice system wanting treatment and help for the vast majority of youth, with harsh punishment only happening for a select few extreme cases.
Graduated sanctions – Graduated sanctions is a continuum that the outcome of a juvenile case centers around. The basic idea of graduated sanctions is a tier system that ensures that treatment and rehabilitation is combined with fair and appropriate punishments. Some of the sanctions include things like immediate sanctions within the community for first-time, nonviolent offenders, all the way up to secure care programs for violent offenders.
Specialized court – Specialized courts are a newer idea for adult courts. These specialized courts follow the ideas the juvenile courts follow in that they seek to help make situations better and solve the issues that come up, rather than simply book people and throw them in a cell. This follows some of the core values of juvenile justice’s desire to help rehabilitate and treat offenders, rather than simply punish them with a one-size-fits-all
Parens patriate – Coming from Latin and meaning “parent of …show more content…
Once it has been determined that a juvenile can even be waived to the adult court (based on laws and regulations for that specific jurisdiction), there are three main types of waivers that can be used; these are: the judicial waiver, prosecutorial discretion, and statutorial exclusion. Judicial waiver is the most commonly used transfer mechanism, and it involves judicial prosecutors and/or judges making the decision based on the circumstances (offense criteria, age, etc.). Prosecutorial discretion occurs in those states that have determined with its statutes that prosecutors should have the authority to decide whether the juvenile will be tried in juvenile court or in the adult court. The final waiver, statutorial exclusion, is used when a state’s law mandates that certain offenses automatically be tried in the adult court system.
Status offense – A status offense is an offense that when committed by a juvenile is considered to be a crime, but would not fall under such category if committed by an adult. A good example of this would be running away from home. As adults, everyone is allowed to leave their home without informing anyone or obtaining permission. As a juvenile however, running away from home is a status offense that is punishable. The reasoning behind all of this is to protect a class of citizen (in this case, children) from acts that would otherwise …show more content…
They were reformers who founded the courts on the basic principle of being there for criminal youth instead of against. These same ideas continue to this day with the juvenile justice system wanting treatment and help for the vast majority of youth, with harsh punishment only happening for a select few extreme cases.
Graduated sanctions – Graduated sanctions is a continuum that the outcome of a juvenile case centers around. The basic idea of graduated sanctions is a tier system that ensures that treatment and rehabilitation is combined with fair and appropriate punishments. Some of the sanctions include things like immediate sanctions within the community for first-time, nonviolent offenders, all the way up to secure care programs for violent offenders.
Specialized court – Specialized courts are a newer idea for adult courts. These specialized courts follow the ideas the juvenile courts follow in that they seek to help make situations better and solve the issues that come up, rather than simply book people and throw them in a cell. This follows some of the core values of juvenile justice’s desire to help rehabilitate and treat offenders, rather than simply punish them with a one-size-fits-all