Reference no: EM13468016

The juvenile justice process is distinct from the criminal justice process for a variety of reasons. Perhaps the most notable difference is the notion that juveniles do not understand the full consequences of their actions and thus might not benefit from sanctions designed to prevent adults from committing crimes.

However, sometimes, the circumstances of an offense committed by a juvenile are such that the court believes that community interests would be best served if the offending juvenile was tried as an adult. When this happens, a process begins by which the juvenile's case is transferred, or waived, to an adult court. Once in an adult court, the juvenile is subject to all the rules, procedures, protections, and punishments applicable to adults.

By Saturday, July 5, 2014, in a minimum of 250 words, post to the Discussion Area your responses to the following:

• What is your opinion of the waiver process? Is this process necessary to ensure the safety of the community? Why?

• What assumptions about the offender does the waiver process make?

• What are some of the problems or issues associated with waiving juveniles to adult courts?

When responding, comment on how they summarized why the waiver process is or is not necessary to ensure community safety.

All discussion assignments in this course will be graded using a rubric. This assignment is worth 40 points. Download the discussion rubric and carefully read it to understand the expectations.

Jimmy Richardson is a 15-year-old Centervale high school freshman with no past criminal history. He currently works part-time at a local retail establishment. The local police believe Richardson is involved with a local gang. They also suspect him of having used drugs in school.

Richardson and a friend are caught stealing $150 from a local gas station. The arresting officer smells alcohol on both Richardson and his friend. Richardson expresses regret for his actions and comments to the police and the court staff that he has been depressed lately because of his parents' impending divorce.

The judge presiding over Richardson's case decides to place Richardson on probation instead of sentencing him to confinement. However, before this sentence can be finalized, a document called a probation agreement needs to be prepared and authorized by the court. Essentially, a probation agreement is a contract of sorts between the probationer, the probationer's parents (in the case of juvenile probation), and the judge, and it outlines what is expected of the juvenile while on probation.

Elements of the probation agreement generally include basic information about the defendant (his or her name, the court out of which the defendant is serving his or her probation, and the offense). Other common elements are the general conditions of probation, which are the terms, rules, and guidelines required of all probationers (these are typically the same for all probation agreements within a particular jurisdiction), and special conditions of probation, which are terms specific to each individual probationer. Special conditions of probation are based on the circumstances pertaining to the defendant's arrest and conviction.