Juvenile Justice System
. The juvenile justice system is an institution in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. The conflict arises when public expectation of order collides with the right of young people to be on the street. The police have a high level of contact with people under the age of 18. UCR data indicate that juveniles account for about 17% of all arrests and nearly 29% of arrests for Index crimes. When juveniles "hang out" on corners or ride around town, they create citizen conflict, regarding the use of public space. The term juvenile delinquent was established so that young lawbreakers could avoid being classified
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Indeterminate commitment is where a juvenile is sentence to a juvenile facility for an undetermined amount of time not to exceed his or her 21st birthday. Upon commitment, a juvenile will be given a time range to serve in the juvenile detention facility. This range is based on the severity of the juvenile offense and his history of previous offenses. These ranges can run anywhere from 1-3 months up to 36-54 months. The judge uses these guidelines and the evaluation of the juvenile's behavior to determine the length of incarceration. The Department of Juvenile Justice may keep a child incarcerated beyond their 21st birthday, depending on their behavior while incarcerated. They may also parole juveniles prior to their minimum guideline for exceptional behavior and progress. A juvenile may also be granted a conditional or unconditional release. A conditional release might involve requiring the juvenile to complete a local aftercare program or a program at a juvenile boot camp.
Referral to South Carolina Department of …show more content…
This is where the adult court process takes on a completely different angle than juvenile court. An adult offender that commits a crime within the trail jurisdiction of the magistrate will try the case without a jury. Typically these types of cases involve traffic violations or other minor offenses. Usually in these cases the sentence is no more than a $500 fine or 30 days in jail. If however an offender commits a crime that can not be resolved in magistrate court then they proceed to general sessions where they may offer a plea bargain or go to jury trial. In the case of a plea bargain a defendant may plead guilty in exchange for a recommended sentence. If the defendant does not plea they continue on to a jury trial.
The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged
Indeterminate commitment is where a juvenile is sentence to a juvenile facility for an undetermined amount of time not to exceed his or her 21st birthday. Upon commitment, a juvenile will be given a time range to serve in the juvenile detention facility. This range is based on the severity of the juvenile offense and his history of previous offenses. These ranges can run anywhere from 1-3 months up to 36-54 months. The judge uses these guidelines and the evaluation of the juvenile's behavior to determine the length of incarceration. The Department of Juvenile Justice may keep a child incarcerated beyond their 21st birthday, depending on their behavior while incarcerated. They may also parole juveniles prior to their minimum guideline for exceptional behavior and progress. A juvenile may also be granted a conditional or unconditional release. A conditional release might involve requiring the juvenile to complete a local aftercare program or a program at a juvenile boot camp.
Referral to South Carolina Department of …show more content…
This is where the adult court process takes on a completely different angle than juvenile court. An adult offender that commits a crime within the trail jurisdiction of the magistrate will try the case without a jury. Typically these types of cases involve traffic violations or other minor offenses. Usually in these cases the sentence is no more than a $500 fine or 30 days in jail. If however an offender commits a crime that can not be resolved in magistrate court then they proceed to general sessions where they may offer a plea bargain or go to jury trial. In the case of a plea bargain a defendant may plead guilty in exchange for a recommended sentence. If the defendant does not plea they continue on to a jury trial.
The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged