how does the district attorney decide juveline or adult

District attorneys are the gatekeepers to the criminal justice system for kids and adults. They Decide: When to pursue charges against a youth or instead allow their families or schools to address that youth’s behavior. When a kid’s behavior gets addressed through the state juvenile system.

Full Answer

Is the justice system exactly the same for juveniles and adults?

Courts in the adult crime system are formal, whereas courts in the juvenile crime system are more informal. Rules about the admission of evidence is much more lenient in the juvenile crime system.

Do juveniles have the same due process as adults?

In Gault, the U.S. Supreme Court determined that the Constitution requires that youth charged with delinquency in juvenile court have many of the same due process rights guaranteed to adults accused of crimes, including the right to an attorney and the right to confront witnesses against them.

How are juveniles handled differently than adults when they are in custody?

The first way that juvenile proceedings differ from adult proceedings are the terms that courts use for juvenile offenders versus adult offenders. First, juveniles commit "delinquent acts" instead of "crimes." Second, juvenile offenders have "adjudication hearings" instead of "trials."Mar 19, 2019

What are some reasons why juveniles should be tried as adults?

List of the Advantages of Juveniles Being Tried as AdultsIt eliminates the juvenile threshold for consequences associated with severe crime. ... There are fewer opportunities to commit multiple severe crimes. ... Some children are mature enough to commit a premeditated crime.More items...

Which court decision established that when a juvenile is faced with a proceeding that could result in incarceration The standard of proof is beyond a reasonable doubt?

In re Winship, 397 U.S. 358 (1970) The Supreme Court held that for adjudications of delinquency, the standard of proof required is the same as for criminal cases (beyond a reasonable doubt).

What are alternatives to jail for juvenile offenders?

Alternatives include supervised release programs, such as home detention, electronic monitoring, day and evening reporting centers, and local treatment programs.Feb 24, 2017

How do courts treat adults and juveniles differently?

Juvenile courts use trials by a judge. Adult courts carry the potential of much more serious penalties. Juvenile courts use strict penalties, but won't include adult prison terms. Adult records can be more difficult to expunge later.May 6, 2013

How might Police officers interact differently with juveniles?

First, police have more contact with juveniles, who are hanging out on the streets, and this might cause some anxiety for other citizens in the area. Second, juveniles have more negative attitudes toward the police, possibly because of their increased contacts with police (Walker, 1992).

Do you believe juveniles should be charged as adults in the United States court system?

There are benefits of trying juveniles as adults, most arguments that are found are against it, but research has found that it is very helpful. One of the benefits of trying juveniles as adults are that it minimizes and stops crimes committed by minors.Mar 6, 2020

Should juveniles be treated as adults debate?

A juvenile delinquent should be tried as an adult as punishment acts as deterrent to crime. Juveniles are sane enough to differentiate between good and bad. Therefore, children can commit crimes as they have decided to choose the wrong path.Nov 6, 2015

Why are juveniles treated differently than adults in the criminal justice system?

It is argued that a range of factors, including juveniles' lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles' risks of contact with the criminal justice system.Feb 18, 2011

Why minors should not be tried as adults?

Prosecuting Youth as Adults Puts Them At Risk Many youth in the justice system have experienced or witnessed violence and trauma. Youth in the adult criminal justice system face a higher risk of sexual abuse, physical assault, and suicide.

What is the juvenile division?

The Juvenile Division of the District Attorney’s Office is responsible for the prosecution of persons under the age of 18 years, known as minors or juveniles. In California, as in all states, there is a separate court system for persons under the age of 18.

Why was the juvenile court system created?

The juvenile court system was established with the belief that children could be successfully rehabilitated through intensive counseling, education and guidance, rather than punishing them in the adult criminal justice system.

What is considered a delinquent?

Delinquents are persons under 18 years of age who have committed an illegal act, which, if committed by an adult, would be considered a criminal offense, such as a felony or misdemeanor. (Welfare and Institutions Code section 602.)

What is status offenders?

Status offenders are minors who have committed offenses that are only illegal due to their age and wrong because they were committed by minors, and would not be considered illegal if committed by adults. Examples of status offenses include truancy or running away from home. (Welfare and Institutions Code section 601.)

What is dependent child?

Dependent children are those who have been abused, neglected or abandoned (Welfare & Instructions Code section 300.) The juvenile court must decide who will be responsible for the care of these children.

What does a probation officer do?

The Probation Officer makes his/her recommendations to the District Attorney’s Office, which makes a determination about whether or not to bring the juvenile into court. If the decision is made to file charges against the minor, a Deputy District Attorney will file a petition, which is similar to a criminal complaint in adult court.