The Coalition for Juvenile Justice (CJJ) is a nationwide coalition of State Advi
The Coalition for Juvenile Justice (CJJ) is a nationwide coalition of State Advisory Groups (SAGs), organizations, individuals, youth, and allies dedicated to preventing children and youth from becoming involved in the courts and upholding the highest standards of care when youth are charged with wrongdoing and enter the justice system. Go to their JJDPA link and read the “Four Core Requirements” of the Juvenile Justice and Delinquency Act (JJDPA) which was recently signed into law (2018) reauthorizing and substantially amending the Act. Select one of the Requirements and read through it thoroughly. Be sure to click on the "Fact Sheet" link embedded in the explanation portion. The following questions should be answered in your initial post: Do the facts support the Requirement? Why or why not? Support your position with factual information Here is some information In this module you will address the issue of transferring juveniles to adult courts for criminal convictions. The transfer of juveniles to adult courts is a controversial topic because juveniles have been given an exemption in the law based on their age. The assumption and presumption is that a young person can be rehabilitated. Juveniles are considered works in progress, so many believe they should not be held to an adult standard of behavior. In transferring juveniles to an adult jurisdiction, they are treated as adults and lose all juvenile protections, including the ability to have a conviction sealed as a result of their delinquent behavior. Juvenile delinquency jurisdictions are state courts that hold delinquency hearings and cases in which juveniles commit adult crimes. A juvenile in most states is a person under the age of 18, and in most states, courts exercise jurisdiction over criminal cases committed by individuals under the age of 18 in juvenile courts. Those who violate the law after the age of 18 are presumed to be adults, and are handled in criminal courts of the state in which the individual’s actions will be penalized and sanctioned. Traditionally, juvenile courts are courts that do not focus on punishment or sanctions, but on the rehabilitation of the offending juvenile. Almost all states have transfer laws. In order for a juvenile to be tried in criminal court or adult court, there must be a transfer from juvenile court. This can be accomplished through a hearing or through the discretion of the prosecutor. However, almost all states have transfer laws that allow or require criminal prosecution of some young offenders, even though they fall on the juvenile side of the jurisdictional age line. Transfer laws are not new, but state laws have changed in recent history, expanding prosecutor discretion and allowing for the transfer of juveniles at younger and younger ages. As a result of these changes, juveniles are tried as adults more frequently and lose the protections of the juvenile justice system. This trend is holding juveniles more and more accountable at the criminal court level. Juveniles end up being waived to adult court jurisdiction. A case that is subject to waiver is originally filed in juvenile court, which can then be considered for approval by a judge. Based on an individual’s age and the type of offense, the waiver may be presumptive and automatically waived after a hearing. Most states set minimum requirements for waiver; however, the waiver is usually at the discretion of the judge. Some states have a mandatory waiver based on the underlying offense. When a juvenile has been previously adjudicated an adult, he or she will stay in the adult court system. Most of these “once an adult, always an adult” laws are comprehensive, mandating the criminal handling of juveniles as adults. However, there are many opponents of juvenile waiver who consider waiver to adult court jurisdiction of individuals under the age of 18 as punishment with a permanent affect. To these opponents, individuals under the age of 18 are presumed to be children and therefore should be rehabilitated. The idea of the juvenile justice system is to reform and rehabilitate an individual before the individual becomes an adult. The transfer of a juvenile to adult court jurisdiction implies that a juvenile can make adult choices and decisions. While opponents believe children should be allowed to make mistakes and learn from their behavior before they become an adult, proponents say juveniles must be punished as adults for a deterrent effect (Shepherd, 2008). This week you will be submitting your final project for review. This is the culmination of all of your hard work over the semester. You have been exploring critical issues in the field of law enforcement over the past nine weeks. This exploration should have exposed you to an understanding of the complex issues surrounding the field of criminal justice. Your criminological issue should now be crystalized, all data analyzed, and an evidence-based proposal to the problem finalized. Make sure you refer to the grading rubric associated with the final project; this rubric should be Here are two articles The following articles and files are required for reading and viewing this week. These resources cover the issues involving trying juveniles as adults. Library Article: Born to be an offender? Antisocial personality disorder and its implications on juvenile transfer to adult court in federal proceedings In this article the authors specifically looked at antisocial personality disorder and whether or not it should be considered in cases involving juveniles being transferred to adult court. This resource supports the Module Nine discussion activity. Library Article: Tried as an adult, housed as a juvenile: A tale of youth from two courts incarcerated together In this article the researchers found no support for separate housing for juveniles who have been tried as adults. This resource supports the Module Nine discussion activity.

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