Punishment and Sentencing

Punishment and Sentencing

CJA/224

Punishment and Sentencing 2

Punishment and Sentencing

Introduction

In my paper I will talk about the juvenile punishment philosophies, How juvenile courts and adult courts are different from one another, and the sentencing that adults and juveniles get. It is amazing how so many things can affect a juvenile and the crimes that they commit on how they will be sentenced or what their punishment will be. As you read from my paper you will read how juveniles get arrested, how adults are arrested. You will also read about how they get tried between an adult court and a juvenile court. You will also find some interesting facts about the two of them and how they are different from one another. You will also read about how juveniles are sentenced by the crime that they commit. You will also learn that sometimes a juvenile will get tried as adult and face an adult court system for committing a more serious crime like murder or rape you will read all of this in my paper,

Juvenile Punishment Philosophies

When a juvenile get arrested they are sometimes labeled as being responsible for a criminal conduct or sometimes they are consider a status offender. When you have a child that is under the age of 18 years old they are then consider to be a juvenile. When a juvenile breaks the law when it isn't a traffic violation, truancy, or their curfew, runaways than the acts that they commit are then consider being a delinquent conduct. When a juvenile offender decides to break the law their cases will than end up being held at a juvenile court(C Law 2010). But with each different state they will vary on what the minimum age should be to be able to hold them as a juvenile and end up making them criminally responsible and that all depends on what the nature of the crime is and then you have the state and federal laws that come into the situation and what will end up being the punishment that the offender will end up getting for the crime that they committed.

But with some states you have where they can up being able to prosecute any ages some have been even the age of six years old and have gotten prosecuted, but you also have some federal agencies

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where they decide to set an age limit and some of the ages that they start with are the age of 10 years old. But you have some juveniles that they must be able to understand or comprehend the criminal responsibility and understand the crime that they have committed. You also have the status and the laws that are pertinent to that of the arrest of the juvenile and the adult offenders are also similar in a way, but there are some exceptions. You also then have the family code and that follows under the code that we call the penal code, and when a juvenile goes to court their proceedings are held separate from that of an adult court system, that are set forth to protect the rights. Also you then have the fact that juveniles are placed in separate facilities from that of the adult offenders who are placed in jail or prisons or on house arrest. They put them in different facilities to help protect the juveniles in the fact that the adult offenders might influence the juveniles in doing more violate crimes or to continue to do crimes that they are already doing. You also have some of the states that give a juvenile the right to waive their rights prior to them giving their statement to the police, but for this to happen it has to happen in front of their guardian(C Law 2010).

Law enforcement officers have the right to be able to detain or being able to arrest a juvenile offenders for any criminal act like a misdemeanor or even for felony offenses. But adults have to be able to be witnessed by someone to be able to get arrested for the crime, but with juveniles they don't have to. With that an officer can arrest them with just probable cause in the cases of juvenile offenders, and be able to use that of reasonable arrest when arresting a juvenile for that of truancy(NC 2008 at the time of when they are being arrested, but the officer must be able to use his/her discretion options to give the juvenile a warning, then they must be able to get some counseling, or the officers can issue them a citation to be able to appear in front of a judge or the probation officer, or the juvenile will end up being detained to that of a juvenile