INTRACACIES TO TRY JUVENILE AS AN ADULT AND SCOPE OF PRELIMINARY ASSESSMENT

 

Image
 By- Diksha Devera, UG Law Student, United World Law School, Karnavati University, Gandhinagar, Gujarat

ABSTRACT:

The juvenile justice system is designed to set offenses committed by minors with a focus on rehabilitation rather than punishment. However, certain cases involving severe crimes prompt the legal system to consider trying juveniles as adults, a decision fraught with complexities and ethical considerations. This paper explores the intricate factors involved in such decisions, including the nature and severity of the crime, the juvenile's age, psychological maturity, and previous criminal history. It also examines the pivotal role of preliminary assessments in determining a juvenile's competence to stand trial in an adult court.

The decision to try a juvenile as an adult has profound implications on the minor’s life, affecting their access to rehabilitative services and exposing them to the harsh realities of adult correctional facilities. The paper delves into the legal frameworks that govern this decision-making process, highlighting the variability across jurisdictions and the significant discretion often granted to judges or prosecutors. It also discusses the contentious debate surrounding the effectiveness and morality of imposing adult penalties on juveniles, with a particular focus on the long-term societal and individual outcomes of such decisions.

button