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Juvenile And Adult Court: Comparison

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8 pages in length. Juveniles have historically found protection under the law with regard to being tried as adults when they have committed adult crimes. Contemporary society, however, witnessed a significant change in attitude toward some offenses whereby juveniles now can be tried - and convicted - as an adult. The extent to which the justice system has historically provided juveniles with a much lighter punishment for an offense that would otherwise earn an adult a severe sentence is both grand and far-reaching; that such variables as age and offense determine how and where a juvenile is tried speaks to what many believe to be a miscarriage of justice when youthful offenders know the difference between right and wrong even if they are minors. Bibliography lists 7 sources.

Page Count:

8 pages (~225 words per page)

File: LM1_TLCJuvAdltCrt.rtf

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toward some offenses whereby juveniles now can be tried - and convicted - as an adult. The extent to which the justice system has historically provided juveniles with a much lighter punishment for an offense that would otherwise earn an adult a severe sentence is both grand and far-reaching; that such variables as age and offense determine how and where a juvenile is tried speaks to what many believe to be a miscarriage of justice when youthful offenders know the difference between right and wrong even if they are minors. "The argument about immaturity, as commonly utilized, holds that if the decision to commit a crime can be shown to derive from judgments that can be meaningfully distinguished from adult judgments, then adolescent culpability is reduced. And the reverse may also be argued: if adolescent capacity cannot be meaningfully distinguished from that of an adult, then differential blame is not warranted" (Ash, 2006, pp. 146-149). Minors tried in juvenile court are constitutionally afforded many of the same rights inherent to their adult counterparts, not the least of which includes the right to 1) know what charges are made, 2) obtain legal representation, 3) question witnesses, 4) protect against self-incrimination 5) have a court transcript proceedings and 6) appeal (Dane County Clerk of Courts, 2006). The one most distinguishing difference between juvenile and adult court is how a jury by trial is reserved only for adults; juveniles are tried only with a judge (Dane County Clerk of Courts, 2006). Putting either a juvenile or adult on trial - whether with a judge or jury - incorporates the fundamental attributes of the following sentencing goals: retribution, incapacitation, deterrence, rehabilitation and restitution. Computer crime, for example, represents a disproportionate number of ...

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