Juvenile Arrest The Juvenile Justice system applies certain powers and responsibilities within society. Among the many tasks it faces, maintaining order and preserving the Constitutional rights are the most important. When charged with criminal activities, a juvenile must face many factors during his or her course of arrest, trial phase, convictions, sentencing and rehabilitation process. In violating the law, police officers handle the situations in different ways. Many times, a juvenile will be warned that his or her parents may be called in to discuss the matter in which they got in trouble for; other times, the juvenile will be arrested.
To be arrested, there must be reason that an offense occurred and the juvenile committed it. Like adults, a juvenile who is arrested must be informed of his or her rights (Juvenile). If part of their arrest requires a line up, he or she must comply so victims can properly identify them (Bartollas & Miller, 2010). Their booking process takes place in a detention center. There are some juvenile cases that are placed in diversion. Diversion is a program which helps to keep young offenders out of the justice system. In some instances; however, there are cases referred to the juvenile court system.
All across the country, juvenile court is different from those that apply to adults. The proceedings for juvenile court enables court workers to include probation officers, psychologists, social workers and other trained workers. These individuals recognize and respond appropriately to the specific and special needs of the young offenders. Many rights given to adults are applied to juveniles, such as; right to legal counsel, the right to a hearing, the right to cross-examine witnesses as well as the right to appeal court decisions (juvenile).
Unlike adults, most states do not give juveniles a jury trial; they can be denied release from a detention center if the courts deem them to pose a danger to others or themselves, if released. On school property, if there is probable cause of an illegal activity, a student can be searched without a warrant (Bartollas & Miller, 2010). A disposition will be called on behalf of the juvenile in question. After paying close attention to the offense, as well as the youth’s upbringing and whether or not he or she has run into trouble with the law in the past, will determine the best possible punishment.
This is in hopes that one day the juvenile can become a responsible, productive member of society. Now, there are some states that will try to alleviate sending juveniles into detention centers by placing them in community based programs for juvenile offenders. For juveniles who do not get this type of punishment will be placed on probation, but must meet specific requirements to remain free. Often times, they would need to receive counseling and be put on curfew. They must also be closely monitored by their probation officer to ensure appropriate behavior is taking place.
In the event of unsuccessful behavior, the juvenile is then taken back into custody for treatment (Bartollas & Miller, 2010). Unlike adults, a juvenile cannot be sentenced to prison or jail (Top Juvenile Offenders). If an offender is under the age of sixteen, they cannot be sentenced to death. Those sixteen years and older; however, if facing a capital crime, can be sentenced with capital punishment if that state allows the death penalty. The primary goal for youth offenders in the justice system is rehabilitation.
For those youth offenders who have similar crimes with prior records are being geared towards receiving actual punishment. There are some states that have passed laws where a juvenile must spend a minimum amount of time in an institution if a certain crime has been committed. In my opinion, the added protection serves the purpose of criminal and social justice for juveniles. Society needs to take into consideration many young people do not get in trouble with the law. Those who do get in trouble do not always grow up to be criminals.
When juveniles commit crimes, they hurt all those who are closest to them, to include themselves. Thankfully, communities are coming up with ways to help these individuals find and redefine themselves so they, too, can become productive members of society. Bartollas, C. & Miller, S. J. (2008. ) Juvenile Justice in America (6th Ed. ). Boston, MA: Pearson Juvenile Rights – Juvenile Rights in the Criminal Justice System. Retrieved August 2010 from http://www. opd. ohio. gov/Juvenile/Jv_Rights. htm Juvenile Rights – Top Juvenile Defender. Retrieved August 2010 from http://www. topjuveniledefender. com/juvenile_rights. html