Illegal Juveniles facing our Criminal Justice Systems

1. Illegal Juveniles facing our Criminal Justice Systems Adjudication, Custodial, Detention, Diversion Adjudication-Legal process where the judge review evidence and decide the case

2. The Juveniles as illegal immigrants • Adjudication of juveniles immigrants • Detention in local jails • Custodial to deportation • Diversion- C.J.S. is a form of sentencing-programs run by police dept., court or D.A.

3. Biological Theory-Principles of Crime Focus on the mind & human Behavior • Unlike the classical and neoclassical tradition that considers free will and external forces as to cause of behavior. Biological theories look to internal sources, including genetic or heredity and physical makeup. • Considerer physical traits as facial features, body type and shape of the skull as causes of criminality.

4. Biological theories of crime causation make fundamental assumptions: • The brain is the organ of the mind and focus of personality • The basic determinant of human behavior, including criminal tendencies. Gender and racial differences in rates and types of criminality between sexes and racial groups. • The interplay among heredity, biology and social environment provides the nexus for any realistic consideration of crime causation. • (Schmalleger p.48).

5. The Illegal Immigration and the last Elections • Illegal juveniles brought to America as babies • Target group and juveniles immigrants history • Hispanic Immigrants Organizations • Juveniles in detention institutions • Rights of the juveniles • Relationship juvenile brain and juvenile behavior • Recommendation: Appeal to the government to extend a broad immigration reform with special inclusion to the juveniles with no convictions.

6. Link between Biological Theory and Juveniles Behavior • In deed, I think that the population of juveniles who immigrate to this country do not have tendency to commit criminal acts. Their crime is cross the boarder and look for the American dream like the American history migration, this is a country of immigrant people. • The yougth people who delinquents, there exist a relation between their immature brain, their behavior and the social conditions in which he or she develops.

7. Article Supreme Court of JusticeJuvenal Landmark Cases Illegal Juvenile that enter the United Sates without any authorization have grounds to be charged with criminal entry in the country and there has not rights under any local, federal or constitutional law. As the juveniles that born in the U.S. Juveniles rights has been established by the court these vulnerable populating got how the same court said “The Worst of the Both worlds”. In the landmark opinions Kent v. United States, 383 U.S. 541 (1966) and In re Gault, 387 (1967), The Supreme Court evaluated juvenile court proceeding and children’s constitutionally guaranteed rights 1-.

8. The Supreme Court noted the child in proceedings was deprived of constitutional rights and rehabilitating promised under earlier juvenile court philosophy and statues so grounds were found that the child receives “the worst of both worlds.” On May 15 1967, the Supreme Court rendered its first decision in the area of juvenile delinquency procedure. .

9. The decision of the U.S. Supreme court ruled at least the following rights: • Right to notice of the charges in time to prepare for trial • Right to counsel • Right to confrontation and cross-examination of his or her accusers • Privilege against self-incrimination, at least in court. Many other rights has been acted, after another cases ruled.

10. The congress passed the Juvenile Justice and Delinquency Prevention Act • In 1974 (Public Law 93-415) this act required a comprehensive assessment regarding the effectiveness of the existing juvenile justice system. The intent of the act was to clearly identify those youth who are victimized or otherwise troubled but have not committed criminal offenses and to divert such youth from institutionalization. And also intended to promote he utilization of resources within the juvenile justice system to more effectively; deal with youthful criminal offenders.

11. In the case of In re Gault, 387 U.S. 1 (1967) the decision ended the presumption that the juvenile courts were beyond the scope or purview of due process protection. With In re Winshiip, 397 U. S. 358 (1970), the supreme court held that to justify a court finding of delinquency against a juvenile, the burden of proof must be beyond a reasonable doubt that the juvenile committed the alleged delinquent act.