The Main Mechanisms For Treating Juveniles As Adult Essay

2026 Words Sep 16th, 2015 9 Pages
In order to discuss the main mechanism for treating juveniles as adult, we first must define a juvenile. A juvenile is a young person who has not yet attained the age at which he or she is treated as an adult for purpose of the law.1 In the eyes of the law, an individual has to be the age of 18 to be considered an adult. 18 U.S. Code § 5031 states that a “juvenile” is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and “juvenile delinquency” is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult or a violation by such a person of section 922(x).2 This does not preclude states from treating juveniles as adults. There are some states out there that still treat them as adults. When a juvenile is tried as an adult, there are three main mechanisms in place in which the juvenile court can transfer a case over to an adult court. These three mechanisms are legislative exclusion, concurrent jurisdiction, and waivers (discretionary, presumptive, and mandatory).
Discuss the three main mechanisms for treating juveniles as adults. Legislative exclusion is a statute that automatically eliminates the option of a juvenile to be tried in the juvenile courts based on the extent of the crime committed. For example,…

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