Juvenile Courts 1
Juvenile Courts Similarities and Differences: Pennsylvaniaand New Jersey
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AxiaCollege of University of Phoenix
Juvenile Courts Similarities and Differences: Pennsylvania and New Jersey
Juvenile Courts all throughout have common similarities which mainly lie on the jurisdiction over minors with the main intention of handling cases of children who were between the ages of ten to seventeen(that)all fall in the group termed as juvenile. In terms of law, juvenile refers to any “minor” in terms of age. In general sense, juvenile is a term derived from Latin word “juveniles or juvenis” which simply mean young, youthful, immature or childish. Special courts processes have been devised in handling the juveniles. Though the ultimate aim of the different Juvenile Courts stands on largely similar principle, each court in every state may have differences. This paper will have a look on the similarities and differences of the Juvenile Courts in Pennsylvania and New Jersey.
The delinquency services of both, though with similarities in detention services are quite different. New Jersey delinquency services operateon combined services by state and county executive agency. Services are mostly operated by the states but the detention services are covered by the county executive agencies. Similarly, Pennsylvania counties also take the responsibilities on detention facilities but unlike New Jersey, it operates in a decentralized operation of services as most of its services are organized at the county level under the administrative authority of the juvenile court judge.
The Administrative Office of the Court's Family Division and the Probation Services Division take charge of the processes during the detention. The Juvenile Justice Commission (JJC) takes charge of the placement facilities and provision of aftercare services to the concerned juveniles in New Jersey. In contrast, Pennsylvania has its juvenile probation officers take charge of all the processes during the detention while non-secure placement is taken cared of by the Department of Public Welfare's Office of Children, Youth, and Families.
The courts handling the delinquent jurisdiction are different with Courts of Common Pleas exercising jurisdiction over delinquency cases in Pennsylvania while The Family Division of the Superior Court exercises jurisdiction over delinquency proceedings in New Jersey.
While Pennsylvania Juvenile Court participate (participates) in the MacArthur Foundation’s Models for Change project which embodies efforts focussing on coordinating the mental health and juvenile justice systems; the system of aftercare services and supports; and disproportionate minority contact with the juvenile justice system, the New Jersey Juvenile Courts(Court) is a member in the National Governors Association's (NGA) Prisoner Re-entry Policy Academy implementing combined enforcement and treatment as a team approach. It has plans though to “implement changes within the areas of education, mental health and substance abuse treatment, health, housing, employment and vocational training, and finally community and family reintegration”. (New Jersey)
General rules on detention are closely similar but unlike Pennsylvania which has county-owned detention facilities, some New Jersey counties share detention facilities. Similarly both apply alternative secure detentions which include unconditional release to parents, home detention, and supervision programs.
Probation officers of Pennsylvania are multi-ethnic “college-educated men and women who come to the juvenile court system with a wide range of job experiences, including law enforcement, social work and military service”. (Court watch report, 2007) In New Jersey, probation officers are state employees who possess bachelor's degree in a related social service field, passed Civil Service entry exam and completed the required training.
The phase of the detentions (detention)procedures rules have different time frames in the two States compared. New Jersey holds initial hearing within 24 hours of admission and in some cases within two court days with review hearings held at intervals of 14 and 21 court days, Pennsylvania holds detention hearing within 72 hours of admission while hearing reviews on the merits or a mandatory release are held within 10 days.
Pennsylvania’s juvenile court system has become more formalized over the past few years. Its system (in) has been reshaped from primarily rehabilitative in purpose to the Balanced Approach of Restorative Justice (BARJ), which includes rehabilitation of the delinquent youth, restoration for the victim, and ensures safety of the community. Its laws have recently been changed to open adult Criminal Court up to juveniles, age (ages) fourteen or older accused of serious crimes. The district attorney now has the power to petition the court to remove the youth to adult court in the light of serious charges and be treated in the same manner on handling adult criminals. Similarly, New Jersey gives power to the prosecutor to file waiver to transfer jurisdiction from Family Court to adult Criminal Court for juveniles aged fourteen or older. Waived motion will let the juvenile treated similar to how adults are treated.
Though there are general differences in the facilities, time frames and some protocols along the processes, both Juvenile Courts flow of the proceedings follow similar procedures of actions comprising the law enforcements, detentions, diversions, corrections, release, and aftercare.
References
Court watch report (2007). Juvenile justice in Philadelphia. Retrieved
July 16, 2008 from
Juvenile justice commission. Retrieved July 18, 2008 from NJ JCC Website:
New Jersey. States juvenile justice profiles (March 24, 2006). Retrieved from
NCJJ Website
Pennsylvania. States juvenile justice profiles (November 06, 2006). Retrieved from NCJJ Website: Fprofiles%2FPA06.asp&topic=Profile