Juvenile vs. Adult Court Systems
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Juvenile vs. Adult Court Systems
The sixth amendment of the United States Constitution provides individuals with the right of a trial by a jury. In Ballew v. Georgia, the role of the role and the size of the jury was a subject of contention and it set a precedent in criminal law procedure in the country. Claude Ballew was the owner of a theatre in Atlanta (Oyez). Law enforcement officers arrested him for distributing obscene material in a gross violation of the laws of the state. In the trial, a jury with five members heard the case in accordance with the laws of the state. The defense lawyer filled a motion asking the court for a full jury of twelve members but it failed.
Subsequently, the jury of five found the defendant guilty. They proceeded to file an appeal insisting that the conviction violated the 14th, 1st and the 6th amendment right of the defendant (Oyez). The court of appeal disregarded the application and the Supreme Court of Georgia followed suit. Therefore, the defense attained the opportunity to present their case as the US Supreme Court. The highest court in the country accepted to review the case. Prior to hearing the Ballew case, the Supreme Court had pronounced itself in William v. Florida that a six person jury was not in contravention of the sixth amendment right to a jury in criminal cases.
According to the sixth amendment right, an accused person should have a public trial decided by a jury that is impartial in the district and they state where the crime occurred (Oyez). The 14th amendment guarantees due process and it prohibits the state from restricting the liberties of individuals and taking the life or property of any person without full consideration in the form of a hearing. In the Williams case, the court stated that the jury did not require twelve members. The judges state that the law only stated that the jury should be impartial. The issue of the number of members in the jury did not affect the impartiality.
In Ballew v. Georgia, the court faced the question on whether a jury with five members violated the sixth and the fourteenth amendment. The court agreed that indeed there was a violation (Lofstrom & Raphael, 2016). Ballew had another issue concerning the first amendment on the protection of free speech. The court overlooked the matter stating that by asserting the other amendments the issue of the first amendment was inconsequential to the case. On the matter of the five-member bench, the court thought that five members did not meet the threshold for due process. The court set a precedent building up on Willian v. Florida by stating that the minimum of number members in a jury should be six.
Now, the laws on juvenile offenders vary depending on the state. Most the states classify juveniles as those aged between the ages of ten and eighteen (Evangelist, Ryan, Victor, Moore & Perron, 2017). Additionally, other matters determine whether a charged person should receive the treatment of an adult or a juvenile. The courts determine the best option depending on weight of the crime. For instance, if an individual within the juvenile age has a murder charge, the court might contemplate referring the case to the criminal justice process. The crime record of the offender is also an important factor.
There are general differences between juvenile and adult courts. First, the main contention in the Ballew v. Georgia case was the composition of the jury. In many jurisdictions, there are no juries in the prosecution of juveniles. One judge has the sole responsibility of finding facts in the trial (Jordan & McNeal, 2016). Further, in adult courts, the complaint in the main document that brings charges to the defendant. In juvenile court, the petition is the main charge document. In adult court, offenders found guilty receive convictions. On the other hand, guilty juveniles are adjudicated delinquents. In adult cases, guilty defendants receive a sentence as the punishment. However, in juvenile cases, the guilty depend on the disposition of the court to determine their fate.
A judicial waiver is occurrence when a judge from the juvenile court decides to transfer a case to the adult court. The process denies the minor the protection of a juvenile jurisdiction. All states have laws concerning waivers and there is a lower age limit. The waiver process might be a consequence of statutory exclusion where certain offences such as first-degree murder must move to the adult court system. In judiciary controlled transfers, all cases involving minors must start at the juvenile courts and eventually proceed to the adult system. In some states, the prosecutor has a discretion to pursue a case in any jurisdiction.
In the case, I would recommend probation for the juvenile. First, I would tell the court that s/he is a first time offender. Therefore, the likelihood for rehabilitation in a familiar setting is possible. Secondly, the nature of the crime committed does not warrant a harsh mandatory rehabilitation period. Finally, I would tell the court that the parents of the juvenile are ready to take up more responsibility in modelling their child to be a productive member of the society.
References
Evangelist, M., Ryan, J. P., Victor, B. G., Moore, A., & Perron, B. E. (2017). Disparities at adjudication in the juvenile justice system: An examination of race, gender, and age. Social Work Research, 41(4), 199-212.
Jordan, K. L., & McNeal, B. A. (2016). Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system. Law and Human Behavior, 40(4), 387.
Lofstrom, M., & Raphael, S. (2016). Crime, the criminal justice system, and socioeconomic inequality. Journal of Economic Perspectives, 30(2), 103-26.
Oyez (n.d). Ballew v. Georgia. Oyez. Retrieved May 26, 2020, from https://www.oyez.org/cases/1977/76-761
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