Preview

Automatic Transfer In Juvenile Prisons

Better Essays
Open Document
Open Document
1087 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Automatic Transfer In Juvenile Prisons
Robert Smith
Juvenile Justice
First Research Paper

The automatic transfer provisions were originally started as a way to become more firm with juveniles to stop in order to lower crimes and hopefully keep them from becoming criminals in the future. It has been very effective in putting juveniles in jail, but many argues that it is not doing what the makers of automatic transfer intended it to do. Although automatic transfer is back by many politicians, many of the people who oppose it are concerned parents and community leaders. Automatic transfer has been in use in this country since the fourties, but the opposition to is growing. There are several offenses that would require a child be transferred from juvenile court to becoming
…show more content…
One can also be charged with first degree murder when he has murdered more than one person at a given time or used poison. First degree murder is a capitol offense. Also felony murder and second degree murder are included. Felony murder is murder that occurred during a forcible felony. An example would be robbing someone at gunpoint and killing them. The second offense is aggravated criminal sexual assault. Aggravated criminal sexual assault does not include just rape. Violent rapes, statutory rapes, ,improper touch and torture are examples of aggravated criminal sexual assault. The third offense is aggravated battery with a firearm. Battery is when one person injures or makes contact with someone is a way that it could cause injury. Take the example of the robbery mentioned before. If the person had just hit the person with the gun or shot them in the leg, then instead of murder the charge would have been aggravated battery with a firearm. The next offense is armed robbery committed with a firearm. Now if the offender who had been robbing people with his gun just taken their money and left without injuring anyone or …show more content…
I believe that most juveniles who break the law will likely keep doing until they get caught. Most of the penalties for breaking the law for juveniles are somewhat weak. Juveniles faces and names are not seen on the news or the paper unless they commit a murder. And after they become adults, the records are sealed. Automatic transfer keep juveniles from taking advantage of the juvenile justice system by not allowing them to commit heinous offenses without answering for it. Furthermore, it sets an example to other children to show them what will happed if they decide to act out. In my opinion its deterrence factor is great. The main problem peoples have with automatic transfer concerns mainly drug offenses and the impact it has on minorities. There is a great discrepancy in the number of minorities falling prey to it. From 1995 to 1999 99.2% of the juveniles prosecuted in Cook County for drug offenses were minorities, according to an analysis of juveniles who were caught selling drugs inside 1,000 feet of a school or housing complex by WBEZ radio in Chicago. Out of the 363 cases only 52 were placed in the custody of the Illinois Department of Corrections, making it seem like many of the charges were not serious enough for prison time. What is more alarming is that out of the 393 were transferred not just for drugs offense from October 1999 to October 2000, only 3 of these juveniles were white,

You May Also Find These Documents Helpful

  • Good Essays

    People V. Goetz Summary

    • 704 Words
    • 3 Pages

    Criminal possession of a weapon in the fourth degree: a person is guilty if they possess any firearm. Attempted murder: a person is guilty if the crime attempted is murder in the first degree (Section 35.15). Assault: a person is guilty of assault in the first degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument (Section…

    • 704 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    (53a -54b (6)) is capital murder is committing murder in the commission of sexual assault in the first degree; (53a – 54b (7)) explains murdering 2 or more people in one occurrence; and (53a -54b (8)) explains murdering a minor under the age of 16 year of age. Per (53a – 54d) Arson murder is acting alone or with another person causing death by fire. Sexual assault according to Conn. Gen. Stat. § 53a – 70 explains a person is guilty of sexual assault in the 1st degree, when such person uses force against their victim. (CHAPTER 952* Penal Codes: Offenses, 2001)…

    • 405 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    First degree murder is defined by federal and state laws as a killing which is deliberate and premeditated. Many states define it as a killing committed in connection with felonies such as rape, burglary, arson or involving multiple deaths, the killing of certain types of people ( such as a child or police officer), or certain weapons particularly a gun[1]. First and second degree murder are distinguishable by the fact that second degree murder usually does not require premeditation. Under federal law each of the following elements must be met:…

    • 442 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    “In order to determine which juveniles are appropriate for criminal court jurisdiction, states have established various criteria. Typically, the juveniles have to meet certain age and offense criteria” (Elroy & Ryder, 2014).…

    • 207 Words
    • 1 Page
    Good Essays
  • Good Essays

    The Office of Juvenile Justice and Delinquency Prevention report evaluated a study of outcomes for juveniles prosecuted in adult court rather than in juvenile court and found that there were counter-deterrent effects of transfer laws. Trying Juveniles as Adults, supra . A summary of six studies found that there was greater overall recidivism for juveniles prosecuted in adult court than juveniles whose crimes “matched” in juvenile court. Id. Juveniles in adult court also recidivated sooner and more frequently. Id. These higher rates of recidivism can be attributed to a variety of reasons, including lack of access to rehabilitative resources in the adult corrections system, problems when housed with adult criminals, and direct and indirect effects…

    • 126 Words
    • 1 Page
    Good Essays
  • Better Essays

    The adjudication process in which a juvenile is transferred to the adult court system can take place in several ways, according to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Transfer laws vary state to state; however, such transfers fall under three basic categories, the judicial waiver laws, prosecutorial discretion or concurrent laws, and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention, 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges in juvenile or adult court. No hearings that take place with this process ( (OJJDP, 2011). The statutory exclusion law grants adult courts exclusive jurisdiction over classes of cases involving juvenile offenders. This law requires juvenile courts to waive jurisdiction cases that meet specific age/offense or prior record criteria (OJJDP,…

    • 1973 Words
    • 8 Pages
    Better Essays
  • Good Essays

    When it comes to crime, there is a point that exists separating the children from the adults, so what is it? Some states hold a system called, “automatic transfer,” this is when a judge waves the protections that the law provides within the juvenile court. This is usually applicable to juveniles who have committed more serious crimes, or minors who have previously been in legal trouble. While juveniles tried in adult court exist with more constitutional freedoms, this comes at a price such as being subjected to more serious punishments along with the possibility of spending time in an adult correctional facility. But how could a child even be eligible for automatic transfer? There is a whole series of factors that go into play, but in the…

    • 155 Words
    • 1 Page
    Good Essays
  • Good Essays

    In accordance to the Penal Law, Murder in the first degree is defined “With intent to cause the death of another person, he causes the death of such person… the victim was killed while the defendant was in the course of committing / attempting to commit in furtherance of robbery [or other such felonies.]{§125.27(1)(a)(vii)}” This is also known as Felony Murder. Robbery is also defined as forcible stealing.…

    • 1201 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Several types of transfer for youths from juvenile court to adult court, judicial waiver, statutory exclusion, and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular.…

    • 316 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There are many different legal categories of homicide. Two of these categories are; first degree murder and second degree murder. If the person acted with ‘malice aforethought’ or, planned to kill another individual and proceeded to carry out the act, then it is considered first degree murder. Shooting or stabbing someone in the heart, would be considered first degree murder, as the offender deliberately acted with malice aforethought, and therefore intended to kill the victim. Second degree murder is a homicide in which, the person did not intend to kill the victim, but still wanted to hurt…

    • 716 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Juvenile waiver purpose aims to fill many different voids and address challenges in our justice system, which can be observed even in the different ways juveniles may be waived into adult court. One of the first methods waiving juveniles to adult court is with judicial waiver offenses, in which the juvenile court judge’s personally transfer cases to adult courts in order to prevent persons who are usually repeat offender’s; from the special protections that juvenile court systems provide. This ensures that certain individuals will not have the leverage of other youthful offenders, and ideally aren’t allowed to use age protection laws to their aid any longer. Another way in which cases are transported is through statutory exclusions that are…

    • 181 Words
    • 1 Page
    Good Essays
  • Good Essays

    Determining whether a juvenile is identified as a child or an adult is quite simple. If a juvenile is under the age of 18 then he or she is not an adult and if a juvenile has graduated from high school then he or she is identified as an adult. I believe that if a juvenile has not developed a certain level of intelligence or has not emotionally developed then they can’t be identified as an adult. In addition to that, although juveniles may have developed the sense of knowing right from wrong they may not know what’s right from wrong in the “adult world.” There have been laws passed to permitting juveniles to be transferred to adult court. The process with transferring juveniles to adult courts starts with the seriousness of the offense committed by the juvenile. If a juvenile has committed an offense such as armed robbery or murder then without a doubt there aren’t any excuses for…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Children, in the legal system, are classified often in a separate class from adults. Unlike adults, children are looked at as persons that are less blameworthy and have the capability to change. For purposes of abuse/neglect, the juvenile court may exercise jurisdiction until the child reaches his 18th birthday. (Section 211.031.1(1), RSMo. For purposes of status offenses, the juvenile court may exercise jurisdiction until the juvenile reaches his 17th birthday. (Section 211.031.1(2), RSMo. Anyone over these ages are trialed as an adult.…

    • 413 Words
    • 2 Pages
    Good Essays
  • Good Essays

    While crime in America continues to decline, an estimated 19.6 million Americans over the age of twelve experienced…

    • 1153 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Not trying minors as adults for serious crimes may increase the crime rate with letting the offenders go without serious sentencing. With this taking place, it sends a…

    • 1079 Words
    • 5 Pages
    Good Essays