Compare the judicial process for a juvenile versus that of an adult. Include how the underlying premise differs in the two processes.

Question

What will be an ideal response?

Answer 1

The underlying premise for the juvenile court system is to treat the underlying causes of the juvenile’s criminal behavior. When a juvenile offender is brought into the court by law enforcement, the child referred to the intake division, where officials review the facts of the case and the possible criminal charges against the offender. They will then, in consultation with probation officers, school officials, social service representatives, or other professionals, determine the most appropriate course of action. Most times, if it is reasonable, officials attempt to divert the offender from further contact with the criminal justice system. Thus, in many cases, officials may determine that the best option would be to settle the case informally. The offender may be returned home under the supervision of the parents or guardian.
If the charges are more serious, the child may be detained. In this case, there must be a detention hearing. The judicial process is also very different from that for adults. Instead of an arraignment, a juvenile will be asked to appear at an “initial appearance” or “initial hearing.” Here, the formal charges against the juvenile are presented. If a juvenile offender refutes or disagrees with the facts presented, there is an “adjudication” hearing. This stage is similar to a trial in the adult court, but there is no jury present to hear the evidence, only a judge, who listens to the evidence and makes a decision.
The adjudication process was originally intended to be an informal process that was not adversarial. Instead, it was an opportunity for the judge to be presented with not only the facts of the crime but also relevant information about the juvenile: his or her educational status, family and social situation, and any other dynamics in the child’s background that would help the judge fully understand the events and the child. In these hearings, juveniles are not necessarily provided the same rights as adults, since they are not considered to be “on trial.” After hearing the evidence in the adjudication process, the judge enters a judgment. This is similar to a verdict in the adult court. If the crime is serious, and if there is evidence against the offender, the offender can be declared to be delinquent.
Just as the judge does in an adult trial, the judge will then hand down a sentence. This is done in a dispositional hearing (like a sentencing hearing for adults). The judge has many options, such as placing the child in a residential facility, referring him or her to an outside social agency (for treatment or counseling), or referring the offender to a term of community service. The judge has great leeway when making this decision.
In some cases, a juvenile may commit an extremely violent or serious offense. In this case, a juvenile may be sentenced to an adult court in a process referred to as a “bind over.” When juveniles are bound over to an adult court, they then go through the adult court process and are put on trial be sentenced as adults. In order for this to happen, there must be a “waiver,” as the juvenile judge waives her or his jurisdiction over the case.