JUVENILE DELINQUENCY

Introduction  

The Illinois Juvenile Court Act was passed by the legislature duly sponsored by The Progressive Reformers in Illinois hence the creation of the first juvenile court in 1899which provides that the parents should be responsible to shelter their children with affection and proper discipline and a home hence the juvenile court was established with the goal to reform the juveniles through rehabilitation rather than punishment which is the usual sentencing in adult trial courts.

Juvenile delinquency is one of the most serious cases that the society is facing nowadays hence different moves were established to fit into the situation that is deemed necessary for the welfare of the unguided youths of today. It is very startling to know that about 5k juvenile cases in a day ranging from age 10-17 are into this case most of whom would possibly end in a juvenile trial court or as juvenile delinquents; others may be incarcerated as the case may be.

Juvenile Court trials differ from every state. It is usually handled in case to case basis. Unlike adults, juveniles are not allowed to face trial by jury. If the child faces criminal charges, a criminal defense attorneywill be the right person to consult with so that the parents will be assisted by their lawyer during the confrontation of the child’s charges.

In most cases, juvenile trials are being handles in a more subtle proceeding. Like for instance, if the accused juvenile fully accepts and admit the crime made, an agreement is thereby made on certain terms and conditions. The options will be home detention wherein the child will be in custody of the parents; a school attendance will be constantly checked as to the whereabouts of the child or the child will be under probation. In case the case is drug related, the child will undergo drug testing subject to drug counseling.

If the crime committed is heavy, the child may be tried for an adult trial. This case is not “bondable” so the criminal defense attorney will be in-charge on the court proceedings while the child is detained until such time that the crime committed is weighed and decided by the judge. In cases where a case is still filed against the juvenile, the child will remain free until the decision is filed as to whether the child will be detained as an adult or not. Again, this is a case to case basis depending on the crime committed.

To give a brief description about the difference between adult and juvenile court, it must be known that the court for adults are for those 18-yr olds and above while juvenile court are for the young people aging 18 yrs and below with the exception of heavy crimes like murder which is likely to be transferred to an adult court hence when found guilty under this court, such crimes will be subject under the federal laws of the state. While the court sees to it that justice is rightly done with due process of law under the adult court, the juvenile court’s intention is more focused on the child’s rehabilitation process with due attention for their welfare

Adults and juveniles are entitled to their own rights. During cross examination, the child’s parents will have the right to be present and to call on some witnesses in their favor while they attain procedural protections. The child will be given the right to accept counseling and the 5th amendment embodied under the law in opposition to self-incrimination. The difference in their defense is that juveniles don’t have the right to face a jury trial whereas adults can request for a judge or by a jury to go over the case. The judge will act as the jury in a juvenile court hence the fate of the child will depend upon the decision of the judge based on what has been presented during the trial. More so, the juvenile cannot request for a bail hearing or leave custody unless there’s an assurance that said juvenile will not a liability to public security as per laws and regulation provided under Just Cause Law Collective.

To distinguish one from each other the terms used for adult and juvenile courts also varies: An adult person in adult court is the defendant while a juvenile in a juvenile court is the respondent. The “day of judgment” or the outcome in the case filed in court for adults is called “Verdict” and the latter is “Adjudication” for juvenile court case. Lastly, juvenile cases are usually close to the public during the court trial proceedings including the media.