The following research will discuss the juvenile process system. Starting with the intake process it will discuss each step of the process and the options the defendant will be given. There are concerns and certain weaknesses the process has where it may give opportunity of unlawful and informal negotiation may be occurring. It will also further discuss the considered factors that will determine the juvenile’s sentence. A recent example of the juvenile process is the case of the victim Michael Brewer, which was set on fire by five other teenagers in 2009 over a 40 dollar video game debt. Three out of the five accused were waived to adult court awaiting a criminal trial. Matthew Bent who initiated the burning of Michael Brewer requested a new trial on the grounds of jury misconduct. On October 2012 Deerfield Beach judge denied the request for insufficient evidence. In this particular case the accused crime were considered severe and were waived to adult court where they are less concerned in rehabilitation and more concerned in sentencing a proper punishment for their crimes.
The victim was ignited using rubbing alcohol and has suffered severe psychological impact from the even. According to Sun-Sentinel (2012) “He remembered the cool feeling of rubbing alcohol splashing on him. He remembered the burning sensation, the impulse to run and jump into the pool. He remembered wanting to stay in the water and seeing the first results of the horrific attack he’d just endured.” Matthew Bent is suspected to attacking Michael Brewer for several reasons such as, forcing the victim to purchase an item, snitching, and attempting to steal Michael Brewers fathers bicycle. Denver Jarvis an accomplice to the crime pored rubbing alcohol on Michael Brewer. On October 13, 2009 all the suspects were taken in to custody. On November 10, 2009 the major role players of the crime are charged as adults with second degree murder.
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Bent attorney tried to have the case waivered back to the juvenile system however it was declined. Intake officers screen juvenile cases to determine which should be prosecuted or sent to diversion programs. Intake is a screening that will determine if juvenile should be released, given a future court hearing, diversion programs, prosecution, or waiver to adult criminal court. Intake officers gather and create a social record of the accused and discuss options with the juvenile’s parents or guardian (Champion, 2010).
The intake process is informal; while an attorney can be present it is not really necessary since the purpose of the procedure is to determine other attention the child may need other than the juvenile court system. Cases where the juvenile is released to their parents or cases dropped must be approved by the juvenile prosecutor.
The release to a juvenile to parents or guardian may encompass terms and conditions that they should follow. This is a formal binding contract in which cases the contract is broken by either the juvenile or the parents the court has the right to continue with other punitive actions. Legal factors must be taken in to consideration prior to make these decisions. It is important to understand that each jurisdiction differ in their intake process. A growing concern during the intake process is that more defense attorneys have been attending this process and conversations that are similar to plea bargains are occurring with the intake officer.
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The outcome of the sentencing is determined by several different factors such as, seriousness, type of crime, age, and criminal record, evidence for and against the defendant. Many believe there are too many juvenile incarcerations occurring the public mandates to rehabilitate the juveniles, however little enfaces and importance is given to the type of funding the program needs. In conclusion, the juvenile justice system has a very similar process system except for the primary objective. The primary objective is to rehabilitate, whereas criminal courts do not focus on rehabilitating. Diversion programs and waivers are great options to find the ideal punishment for particular crimes. Juveniles have more options as to how to serve their sentence unless they are waivered in to criminal court.
References
Champion, D. J. (2010).
The juvenile justice system: Delinquency, processing, and the law. (6th
ed.).
Upper Saddle River, NJ: Pearson/Prentice Hall.
The Burning of Michael Brewer. (2012).
Retrieved from
http://www.sun-sentinel.com/news/broward/michaelbrewer/
